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032-12Action: BOARD OF SUPERVISORS: December 12, 2012 n APPROVED ❑ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV, AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT 165 - 401.07 SETBACK REQUIREMENTS WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, concerning inclusion of a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 4, 2012; and WHEREAS, the Planning Commission discussed the draft ordinance on May 16, 2012 and recommended that a public hearing be held; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County ]Planning Commission hold a public hearing regarding an amendment to Chapter 165 concerning inclusion of a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to Chapter 165, Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165-401-.07 Setback Requirements. Passed this 12th day of December, 2012 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton : :Abse nt Ross P. Spicer A y e Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPS' S John ey, J Frederick County Administrator BQS Res. #032 -12 f I- of—FIEDEVICV g� A�g�g Department of Planning and Development MEMORANDU �.,J FAX: 540/665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner I,�'Nq Subject: Discussion — Setback requirements for accessory structures in the RA (Rural Areas) District Date: December 3, 2012 Staff has received a request to include a setback exemption for accessory structures in the RA (Rural Areas) District if it is the first structure to be constructed on a property. Typically, in the RA District, the dwelling would be the primary structure and the accessory structure would have lesser setbacks (15 feet on the side and rear) than the dwelling. However, under the current ordinance, if a structure other than a dwelling is constructed on the property first, it would be considered the primary structure and be subject to the primary setbacks (50 -100 feet on the side and rear). This proposed amendment would allow the construction of one non - habitable accessory structure with the lesser setbacks, prior to the construction of the principal structure. This accessory structure could not contain any residential uses prior to the construction of the primary use (apartment, etc.), and could not exceed 650 square feet in size. This item was discussed by the DRRC at their February 2012 meeting and then emailed to the Development Review and Regulations Committee (DRRC) on April 4, 2012. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their May 16, 2012 meeting. The Commission agreed with the proposed change and recommended that the amendment be forwarded to the Board of Supervisors for review. This item was discussed by the Board of Supervisors on June 13, 2013. During the discussion, it was stated that consideration should be given to adjoining properties which the amendment could impact, that there was potential to abuse the exemption, and that the 500 square foot limitation which was originally proposed should be increased. Ultimately at that meeting, the Board of Supervisors felt that this item should not go forward for public hearing. This item was brought back before the Board of Supervisors at a work session on November 14, 2012 and the Board felt that the structure size should be increased and that the item should be scheduled for further discussion. The attached documents show the existing ordinance with the proposed changes. This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics and strikethroug -h for deletions. 2. Resolution CEP/bad 107 North Dent Street, Suite 202 ® Winchester, Virginia 22601 -5000 ATTACHMENT I PC Discussed: 5/16 /2012 BOS Discussed: 6/13/2012 Work Session: 11/14/2012 Chapter 165 - Zoning ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District § 165 - 401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. D. Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a traditional five -acre lot or any side or rear property line of a rural preservation lot. 1. One non - habitable accessorV structure that meets the minimum setbacks for an accessory use may be located on a lot prior to the construction of a principal structure. This accessory structure shall not be permitted to contain any residential uses rior to the construction of the primary structure on the lot and shall be a maxiinum_o b5D square feet in size.