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History
of the District
The Red Oak
Mountain Agricultural and Forestal District was created in
1997. At the time of its inception, 4 parcels totaling 517
acres were included in the District. The District now
consists of the same number of parcels as when it was
created. On August 19, 2005, the District expires.
Renewal
Process
The Code of
Virginia establishes procedures for the review and renewal
of local agricultural and forestal Districts. The renewal
process is intended to provide the local jurisdiction with
an opportunity to re-evaluate the agricultural and forestal
significance of the land remaining in the District, and to
change or add conditions to the parcels in the District.
The renewal process also provides landowners in the District
an opportunity to re-evaluate their participation in the
District; any landowner may withdraw their parcel from the
District during the renewal process by written request.
Fauquier
County sent letters to all owners of property in the
District notifying them of the renewal process and their
options relative to the renewal. Property owners may
continue to make requests for withdrawals and additions up
to the time the Board of Supervisors acts on the renewal.
Withdrawals
Pursuant to
the Code of Virginia, any landowner with property in the
District may request to withdraw their land during the
renewal process by submitting a written request for
withdrawal. As of May 31, 2005, no property owners have
requested their property to be withdrawn from the District.
In 1990,
the Board of Supervisors adopted a policy stating that
parcels less than 25 acres in size will not be permitted
within an agricultural and forestal District unless the
parcel is under an open space easement, or the parcel is
part of a working farm totaling more than 25 acres which are
included within the agricultural and forestal District.
Therefore, any parcel less than 25 acres will be
automatically removed from the District during the renewal
process unless a landowner specifically requests that the
parcel remain in the District and demonstrates compliance
with the Board’s 1990 policy. At the direction of the
Agricultural and Forestal Committee, staff has asked the
owners of these smaller parcels requesting to specifically
confirm that they are either part of a working farm over 25
acres in the District or under open space easement.
There is 1
parcel in the current District that is less than 25 acres.
As of May 31, 2005, it will be automatically removed since
no request has been made by the owner for inclusion.
Additions
The Code of
Virginia also allows additions to be made to the District
during the renewal process up until Board action on the
renewal. As of May 31, 2005, the following requests for an
addition has been received:
PIN#
Owners Acres
1.
6020-04-8310 Gary & Kareen
McGhee 43.73 acres
The
application materials for this parcel are attached.
Staff has
recommended inclusion of the McGhee parcel in the District.
It is located on Moss Hollow Road; this property is a
working farm where cattle are raised and hay is produced.
Existing
Conditions
The Board
may place conditions on the renewal of any District.
Currently, all parcels in the Red Oak Mountain Agricultural
and Forestal District are not subject to any conditions.
Agricultural and Forestal Advisory Committee and Planning
Commission Review
The
Agricultural and Forestal Advisory Board and the Planning
Commission have both met to review this renewal and
application for addition to the District. These bodies are
charged with advising the Board of Supervisors regarding the
renewal of and additions to agricultural and forestal
Districts. The Committee and Planning Commission recommended
that the District be renewed subject to the conditions
recommended by staff. The Committee asked staff to follow up
with additional review of parcels less than 25 acres, to
ensure that owners of such parcels meet the criteria
established by the Board of Supervisors in 1990, and also to
be sure owners of such parcels realize they must take
affirmative action to stay in the District. Staff has
carefully reviewed the smaller parcels recommended for
inclusion to ensure they do meet the policy. Multiple
letters have been sent to the owners advising all of the
actions necessary to stay in or be removed from the
District.
Staff
Recommended Conditions:
The staff
recommended conditions are incorporated into the
attached Ordinance.
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