ABSOLUTELY, BECAUSE WE COULDN'T,
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YOU APPRECIATE IT VERY MUCH.[Agricultural and Forestall District Committee Meeting on June 18, 2026.]
APPRECIATE YOU HAVING, AND WE DO HAVE A QUORUM TODAY, SO WE'LL MOVE FROM THAT.SO, UM, WITH THAT, CAN WE, UH, CAN WE HAVE MOTION ON THE MINUTES, THE PREVIOUS MINUTES? MOTION TO APPROVE? I HAVE A SECOND ON THAT.
WE HAVE A MOTION PROPERLY SECONDED, UH, TO APPROVE THE MINUTES OF MARCH 19TH.
ALL OPPOSED? AND THAT CARRIES.
ALRIGHT, TODAY WE ARE HERE FOR, UH, THE HEARING, UH, THE REMOVAL OF PARCEL FROM, UH, FROM, UH, FD TAX MAP, 77 DASH A DASH 1 32.
DAVID EVANS, 2 1 2 2 0 ADAMS ROAD AND GREEN BUSH SEND YOU PLEASE.
SO, UM, JUST SOME BACKGROUND INFORMATION.
UH, THE APPLICANT'S, MR. DAILEY, UH, THE PROPERTY OWNER IS DAVID EVANS.
UH, PARCELS APPROXIMATELY A HUNDRED 198 ACRES.
UH, ZONED AGRICULTURAL FUTURE LAND USE RECOMMENDATIONS.
ALSO AG, IT'S IN THE GREEN BUSH, A FD, SO THAT'S JUST SOME BACKGROUND.
UH, THE APPLICANT REQUESTS TO REMOVE PART OF A PARCEL FROM THE GREEN BUSH AGRICULTURAL FORESTAL DISTRICT.
THE PROPERTY IS LOCATED AT 2 1 2 2 0 ADAMS ROAD NEAR GREEN BUSH.
AND IT'S TAX PARCEL 77 A 1 32.
THIS IS THE PROPERTY, UH, ZONED AG, FUTURE LAND USE RECOMMENDATIONS.
ALSO AG, NOT FLOOD ZONE PROPERTY HAS SOME RPA ON IT, BUT WHERE THE, UM, 1.4 ACRE SECTIONS COMING OUT OF IS NOT, AND THAT'S ITS DESIGNATION IN AN AGATE FORESTAL DISTRICT.
OH, IS THIS BILL DALEY OF THE C**K? SAY AGAIN? WILLIAM DALEY.
IS THAT BILL DALEY? THAT'S MY DAD.
IT'S, YEAH, THAT'S, THAT'S HIS DAD.
HOPE YOU DON'T HOLD THAT AGAINST ME.
HE, HE WAS MARRIED TO MY COUSIN ROSA.
ALRIGHT, I THINK I'M OUT OF YOUR DAD.
IT'S HAVING SOME PROBLEMS WITH THE, WITH THE BIG PICTURE, BUT THESE ARE SOME PICTURES OF THE SITE.
AND THEN THIS IS THE, UH, 1.4 ACRE PORTION THAT WE'RE TALKING ABOUT.
UM, BEAR IN MIND, HE HAS ALREADY GONE THROUGH THE PROCESS OF GETTING A VARIANCE.
SO BZA ASPECT OF THIS HAS ALREADY BEEN TAKEN CARE OF.
AND THEN WE ARE TALKING ABOUT, UH, SECTION 15 WITHDRAWAL FROM A DISTRICT.
AND THAT BASICALLY TALKS ABOUT THE PROCESS THAT WE HAVE TO GO TO AND THAT STARTS WITH YOU AND THEN A SUBDIVISION OF A PARCEL.
AND I'LL GO AHEAD AND EXPLAIN THIS ONE.
UH, SECTION 11, UH, LANDLINE WITHIN A DISTRICT SHALL NOT BE SUBDIVIDED DURING THE PERIOD THAT SUCH DISTRICT EXISTS, EXCEPT THAT WITH PRIOR APPROVAL OF THE BOARD LOTS MEETING THE CRITERIA OF VIRGINIA CODE 15.2, 2244 IN AKIMA COUNTY CODE SECTIONS, UH, 78 DASH 12 MAY BE SUBDIVIDED FOR USE BY AN IMMEDIATE FAMILY MEMBER OF THE OWNER OF SUCH LAND.
FURTHER LAND MAY BE DIVIDED OR SUBDIVIDED AND SOLD FOR CONTINUED AGRICULTURAL ENFORCEABLE USE.
SO AS, AS IT CONTINUES TO MEET THE REQUIREMENTS OF THIS ORDINANCE AND THE DISTRICT.
THE OWNER WISHES TO SUBDIVIDE A 1.4 ACRE SECTION FROM AN EXISTING FARM.
UH, THE OWNER WAS GRANTED A VARIANCE FOR THE LACK OF ROAD FRONTAGE AND, UH, WHILE A SMALL SECTION OF THE PARCEL WILL BE REMOVED, A SUBSTANTIAL PART OF THE FARM WILL REMAIN INTACT AND CONTINUE PRODUCTION STAFF RECOMMENDATIONS.
THE STAFF RECOMMENDS APPROVAL OF THE SUBDIVISION, GIVEN THE APPROVAL BY THE BOARD OF ZONING APPEALS FOR THE VARIANCE AND THE RELATIVELY LOW IMPACT OF A 1.4 ACRE SUBDIVISION FROM 198 ACRE PARCEL.
IF YOU HAVE ANY QUESTIONS FOR ME, I CAN ANSWER 'EM.
MR. DALEY WOULDD LIKE TO SPEAK.
I ONLY THOUGHT THERE WERE, DO I NEED TO STAND UP FOR MY NAME AND ALL THAT STUFF? UH, IF YOU WOULD PLEASE FOR MY NAME'S CHRIS DALEY OR WILLIAM CHRISTOPHER DALEY.
I SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH.
I THOUGHT THERE WAS ONLY THREE MEMBERS, SO I ONLY HAVE THREE COPIES OF EVERYTHING THAT I NEED TODAY, BUT, AND IT IS A COPY OF THE STATE LAW 43 11.
UM, SOME, A NOTE FROM THE FORMER DEPUTY DIRECTOR, KATIE, NEW NOTES FROM 2001.
UM, THE CURRENT AG ENFORCEABLE DISTRICT, IF WE COULD GO BACK TO OR, UM, AND SO I'M JUST TRYING TO UNDERSTAND HOW THE COUNTY CAME UP AND I'VE GOT THE LEGAL OPINION FROM, UH, THE COUNTY ATTORNEY.
BUT HOW THIS DISTRICT, WHICH WAS VOTED
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TO EXPIRE IN SEPTEMBER, 2023, JUST RENEWS WITHOUT ANY BOARD ACTION WHEN THE TERM EXPIRATION DATE WAS USED AT A CONDITIONAL USE PERMIT, UH, TWO MONTHS AGO THAT IT SAID THE PERMIT EXPIRED, SO THEREFORE IT WAS NO LONGER VALID.AND THIS SAYS THE EXACT SAME LANGUAGE AND IT'S ACCORDING TO THE COUNTY, IT AUTOMATICALLY RENEWS WITH ZERO OVERSIGHT FROM ANYONE.
AND I'M JUST HERE TO TRY TO HAVE NOT GOTTEN A CLEAR UNDERSTANDING OF THAT.
'CAUSE AGAIN, I WAS, I HEARD AT THE LAST LANG OR THE LAST MEETING, A PLAIN READ OF THE ORDINANCE.
SO AGAIN, I'M READING A PLAIN READ OF THE ORDINANCE STATING THAT THESE DISTRICTS IN SECTION EIGHT OF THE, OUR OWN AG AND FORESTAL DISTRICT STATING THAT THESE DISTRICTS SHALL BE CREATED FOR A PERIOD OF 10 YEARS.
UM, HOW DOES THAT NOT INDICATE THAT THESE DISTRICTS END AT THE END OF THAT TERM? AND I, THAT'S, I'M GONNA MAKE THIS ARGUMENT AT EVERY SINGLE BOARD MEETING.
SO I JUST, THAT'S WHAT I'M HERE TODAY TO TRY TO FIGURE OUT HOW ALL THIS TAKES PLACE.
AND, AND AGAIN, AS ALREADY SAID, UM, AND WE AGREE WITH YOU, UH, AGAIN, THAT'S WHY WE ARE NOW IN THE MIDDLE OF LOOKING AT, WE'RE GONNA REVIEW THIS WHOLE PROCESS AND SEE WHAT'S GOING ON WITH, AND THAT WAS EVEN A, A QUESTION OF WHETHER IT'S 10 OR FOUR YEARS.
UM, BECAUSE WELL, 'CAUSE I WAS ORIGINALLY TOLD 10 AND NOW I'M SEEING THAT IT'S FOUR.
SO AGAIN, LIKE I I YEAH, I, RIGHT.
YOU KNOW, THE INFORMATION THAT WE'RE GETTING, WE'RE RELYING ON THIS AGAIN, THIS GENTLEMAN'S TRYING TO SELL THIS HOUSE SO HE DOESN'T HAVE TO SELL THE ENTIRE PROPERTY.
AND IF YOU GO BACK TO ARTICLE 15, IT SAYS A SUBDIVISION IS PERMITTED TO CONSERVE FARMLAND.
SO TO ME, THIS GENTLEMAN IS CONSERVING FARMLAND BY TRYING TO SELL IT TO 1.4 ACRES.
AND YOU'RE STILL MAKING ME GO THROUGH THIS PROCESS OF PULL THIS OUT WHEN OUR OR ORDINANCE SAYS THAT IT'S PERMITTED IN THE DISTRICT.
SO AGAIN, YOU'RE MAKING THIS GENTLEMAN JUMP THROUGH SIX MONTHS WORTH OF THESE MEETINGS BEFORE GRANTING THIS WHEN YOU COULD JUST USE THE ORDINANCE AGAIN, YOU'RE USING THE ORDINANCE TO SAY THAT IT CONTINUES OUT WITH NO CLEAR LANGUAGE.
WHEN THERE'S CLEAR LANGUAGE THAT SAYS YOU COULD CONSERVING FARMLAND ON A HOUSE THAT WAS BUILT IN 1700, AGAIN PREDATES THE ORDINANCE WELL BEFORE IT SHOULD BE GRANDFATHERED TO SAY THAT WE'LL JUST LET THIS OUT WITHOUT HAVING TO GO THROUGH ANY OF THESE MEETINGS.
BUT YET I STARTED THIS PROCESS IN FEBRUARY AND NOW IT'S GONNA BE BEFORE DECEMBER BEFORE THE GENTLEMAN CAN EVEN PUT HIS HOUSE ON THE MARKET.
SO YOU'RE COSTING THIS GENTLEMAN AT LEAST 10 MONTHS OF BEING ABLE TO MARKET A PIECE OF PROPERTY.
SO HE'S TRYING TO SELL TO SAVE HIS FARM.
SO AGAIN, HOW IS THIS CONSERVING FARMLAND LIKE TO ME IT'S, IT'S MAKING IT EVEN WORSE ON HIM BECAUSE AGAIN, THE COUNTY COULD USE THE ORDINANCE TO SAY, OKAY, WELL YOU'RE CARVING OUT YOU WANNA SAVE THE FARM.
HOW COME WE'RE NOT APPLYING THAT LOGIC TO IT? AS OPPOSED TO NO, YOU JUST GOTTA GO THROUGH SIX MONTHS WORTH OF MEETINGS BEFORE WE'LL EVEN CONSIDER, UH, WHAT YOU'RE ALLOWED TO DO WITH YOUR OWN PROPERTY.
AND MEANWHILE WE DIDN'T EVEN NOTIFY YOU THAT WE EXTENDED THE DISTRICT FROM 2023 TILL 2027 WITHOUT ANY NOTIFICATION TO YOU.
AND I, I SEE A QUOTE IN HERE ON THIS THAT THEY, THAT CINDY JUST HANDED OUT.
UM, AND I DON'T KNOW IF THAT'S IN, I HAVEN'T READ THE CODE, UH, WHERE IT SAYS, UNLESS THE DISTRICT PART, IT SAYS, UNLESS THE DISTRICT IS MODIFIED OR TERMINATED BY THE LOCAL GOVERNING BODY, THE DISTRICT SHALL CONTINUE AS ORIGINALLY CONSTITUTED WITH THE SAME CONDITIONS AND PERIODS BEFORE THE NEXT REVIEW.
THAT'S WHAT WE TALKED ABOUT THE OTHER DAY.
SO IT IS CONTINUED UNTIL IT'S ACTION TAKEN ON IT, WHETHER IT'S EXPIRED OR NOT.
NOW IS THAT JUST FOR AG AND FAR? I DON'T KNOW THAT I CAN'T ANSWER THAT QUESTION.
OR IS IT A IT'S NOT ACROSS THE BOARD BECAUSE IT CAN'T BE BECAUSE WE JUST HAD THAT, WE JUST HAD THAT YOU, YOU, YOU, YOU SAID THAT LONG AGO BY THE CONDITIONAL USE PERMIT.
LIKE IT'S GOT THE SAME LANGUAGE ISSUED BY THE COUNTY.
I'M ASSUMING JAN FOUND THAT FOR AG AND FORESTAL IS THAT, AND AGAIN, THAT IS THAT WAY YOU ALL UNDERSTOOD IT.
THIS 43 11 IS A SPECIFIC AG FORESTAL VIRGINIA.
THIS IS ACTUAL, YES, I HAVE A COPY OF THAT IN THAT PACKET.
AND THAT IS ACTUALLY UNDER THE REVIEW PORTION OF THE LAW.
LIKE WHAT HAPPENS DURING THE REVIEWS OF THESE DISTRICTS? NOT ANY KIND OF TERM LIMIT ON THE DISTRICT, NOT HOW THE DISTRICT'S SET UP TO WHERE IF WE DON'T REVIEW IT, IT'S GONNA AUTOMATICALLY RENEW.
THIS IS UNDER THE PORTION OF THE REVIEW PORTION THAT THE BOARD TAKES ACTION X, Y, Z HABITS.
IF THE BOARD DOESN'T TAKE ACTION, IT SETS THE DATE AGAIN, IT SETS THE DATE OF THE NEXT REVIEW.
THIS IS SAYING THE COUNTY SET THE DATE FOR REVIEW WITH AGAIN, NO OVERSIGHT.
THE, THE COUNTY ATTORNEY IS THE ONE NOW THAT'S SETTING THE REVIEW DATES FOR THESE.
THAT'S NOT HOW THE ORDINANCE READS.
SO AGAIN, HOW ARE WE SUPPOSED TO FOLLOW, IF I'M SUPPOSED TO FOLLOW THIS ORDINANCE AND SAY I'VE GOTTA DO THIS FOR SIX MONTHS, HOW COME THE COUNTY DOESN'T FOLLOW THE ORDINANCE TO SAY THE, THE BOARD OF SUPERVISORS SETS THE NEXT REVIEW DATE? HOW, HOW AGAIN, IS THE COUNTY ATTORNEY OR THE ZONING OR ADMINISTRATOR, WHOEVER WHO SET THAT REVIEW DATE? CAN I ASK THAT? WHO SET THAT NEW REVIEW DATE? WAS THAT THE COUNTY ATTORNEY? BECAUSE AGAIN, THE ORDINANCE LANGUAGE SAYS THAT, THAT THAT STATE LAW SAYS THE BOARD SETS THE NEXT REVIEW DATE.
NOT ANYBODY OTHER THAN THE BOARD OF SUPERVISORS.
NO, I KNOW THE COUNTY ATTORNEY DIDN'T SET THAT.
I, ALL OF THESE DATES WERE SET WHILE THEY PREDATED.
I THINK ANYBODY IN THE ZONING DEPARTMENT PRESENTLY.
SO, SO ALRIGHT, CHRIS, HERE, HERE'S WHERE WE ARE.
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UNFORTUNATELY, IF I KNOW, UM, AND WE'VE HEARD AND WE'VE, I UNDERSTAND EXACTLY WHAT YOU'RE SAYING.WE HAVE TO FOLLOW, WE HAVE IN FRONT OF US.
AND RIGHT NOW, UH, ARE WE GONNA ACT ON REMOVING IT TODAY? OKAY.
RIGHT? UH, AGAIN, I KNOW IT'S AGAIN, MAYBE DOWN THE ROAD IF, IF THEY WANT TO CUT A LITTLE PIECE OUTTA HERE AT AT, AT THIS LOCATION, IT'LL PROBABLY, IT MAY HELP.
BUT RIGHT NOW THIS IS WHERE WE ARE.
SO, UM, SO IF YOU'RE, IF YOU'RE GOOD, UM, LORD IT'S YOUR PLEASURE.
I'LL MOVE TO ACK COUNTY AGRICULTURAL AND FAR DISTRICT COMMITTEE TO RECOMMEND APPROVAL OF THE REMOVAL OF A 1.4 ACRE PORTION OF, UH, TAX MAP NUMBER 77 A DASH 1 32 BE TAKEN OUTTA THE GREEN BUSH AGRICULTURAL AND FOREST DISTRICT.
ALRIGHT, WE HAVE A MOTION PROBABLY SECOND THAT THIS BE REMOVED AS THIS AS, UH, IS READ.
UM, AND WITH THAT, WHERE WAS THAT? UM, IF NOTHING ELSE FROM THE, FROM THE BOARD, UM, WE'LL LOOK AT THE NEXT MEETING IF NEEDED.
WE CURRENTLY HAVE NOTHING FOR NEXT MONTH, SO I WILL GIVE YOU ALL A CALL WHEN I NEED YOU AGAIN AND CHRIS, UH, HOPEFULLY WE'LL KEEP EVERYBODY, I'LL KEEP YOU ABREAST ON THIS AGAIN, YOU KNOW, I KNOW IT DOESN'T HELP YOU, BUT THAT IN THE FUTURE IT'S GONNA HELP SOMEBODY ELSE 'CAUSE IT IS GONNA, IT IS DEFINITELY BEING LOOKED AT.
SO, SO THANK THANK YOU FOR COMING THEN CHRIS.
UH, I'LL, UH, I'LL ENTERTAIN, UH, ONE LAST THING ON THE AGENDA.
T KNOW IF Y'ALL DIDN'T WANNA LEAVE OR NOT MOTION? PROBABLY SECOND TO ADJOURN.
ALL IN FAVOR HEAR MERC JONES BRINGING PIZZA? WE ARE, WE ARE A WE ARE ADJOURNED.