AGENDA DATE: 12/7/2022
TITLE:
Title
Agricultural and Forestal Districts - Hatton AFD Addition
BODY
SUBJECT/PROPOSAL/REQUEST: Amend County Code Chapter 3, Agricultural and Forestal Districts, Article 2, Districts of Statewide Significance, to add land to the Hatton Agricultural and Forestal District
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Walker, Rosenberg, DeLoria, Filardo, Maliszewski, Rapp, Clark
PRESENTER (S): Scott Clark
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: Localities are enabled to establish Agricultural and Forestal Districts (AFDs) under the Agricultural and Forestal Districts Act (Virginia Code § 15.2-4300 et seq.). AFDs serve two primary purposes: (1) to conserve and protect agricultural and forestal lands; and (2) to develop and improve agricultural and forestal lands. Land within an AFD is prohibited from being developed to a more intensive use, other than a use resulting in more intensive agricultural or forestal production, without prior Board approval. In addition, the County is prohibited from exercising its zoning power in a way that would unreasonably restrict or regulate farm structures or farming and forestry practices in contravention of the Agricultural and Forestal Districts Act, unless those restrictions or regulations bear a direct relationship to public health and safety (Virginia Code § 15.2-4312).
The public hearing, as required by Virginia Code § 15.2-4309, and the proposed ordinance pertain to a requested addition to an existing AFD.
Additions: A landowner may apply to add land to an AFD at any time (Virginia Code § 15.2-4310). Virginia Code §§ 15.2-4307 and 15.2-4309 require the Agricultural and Forestal District Advisory Committee and the Planning Commission to review such applications and report their recommendations to the Board of Supervisors, which must hold a public hearing and, by ordinance, may add land to an existing district as applied for, or with any modifications the Board of Supervisors deems appropriate.
STRATEGIC PLAN: Rural Area Character - Preserve the character of rural life with thriving farms and forests, traditional crossroad communities, and protected scenic areas, historic sites, and biodiversity.
DISCUSSION: On November 9, 2022, the AFD Advisory Committee reviewed the following proposed addition to the Hatton AFD and recommended approval by a vote of 6:0. The November 9, 2022, AFD Advisory Committee staff report is attached (Attachment A).
Staff will report on the Planning Commission’s recommendation from their November 22, 2022, meeting at this Board of Supervisors hearing.
AFD 2022-01 Hatton AFD - Addition
The proposed addition (Tax Map 136 Parcel 9H2; 82.43 acres) contains 67.4 acres of soils recognized as important to agriculture in the Comprehensive Plan. No dwelling exists on the parcel. As it maintains one remaining development right, it is qualified to be added to the AFD under current County policy.
BUDGET IMPACT: There is no budget impact.
RECOMMENDATION:
Recommendation
After the public hearing on the proposed AFD addition, staff recommends that the Board adopt the attached ordinance (Attachment B) to approve the addition to the Hatton AFD.
ATTACHMENTS:
A - November 9, 2022 AFD Advisory Committee Staff Report
B - Proposed Ordinance