HomeMy WebLinkAbout038-13Action:
BOARD OF SUPERVISORS: January 9, 2013 ID APPROVED ❑ DENTED
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 removal of the waiver opportunity in the RA
District that allows the Board of Supervisors to reduce the setbacks for an existing lot of
records in cases of hardship.
WHEREAS, The Development Review and Regulations Committee (DRRC)
recommended approval of this amendment in October 2012; and
"WHEREAS, the Planning Commission discussed the draft ordinance on December 5,
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, Zoning concerning removal of the waiver opportunity in the RA District that allows
the Board of Supervisors to reduce the setbacks for an existing lot of records in cases of
hardship.
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 concerning removal of the waiver opportunity in the RA District that allows
the Board of Supervisors to reduce the setbacks for an existing lot of records in cases of
hardship.
Passed this 9th day of January, 2013 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman A y e Gary A. Lofton Aye
Bill M. Ewing Aye Charles S. DeHaven, Jr. A y e
Gene E. Fisher Aye Christopher E. Collins Aye
A (V TE T
Jo Ril r.
Fr erick County Administrator
BOS Res. #038 -13
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM 5401665 -5651
FAX: 540 /665 -6345
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AlCP, Senior Planner Cq
Subject: Discussion — RA (Rural Areas) District Setback Waiver Removal
Date: December 31, 2012
Staff has been asked to remove the waiver opportunity currently contained in the RA (Rural
Areas) Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing
lot of record if an undue hardship exists. This waiver should be eliminated because these
requests should be handled by the Board of Zoning Appeals.
This itern was discussed by the DRRC at their October 2012 meeting. The DRRC endorsed the
proposed revision as drafted and recommended it be sent to the Planning Commission for
discussion. The Planning Commission discussed this item at their meeting on December 5,
2012; the Commission had no comments and forwarded the amendment to the Board of
Supervisors for discussion.
The attached document shows the existing ordinance with the proposed changes (with
strikethroughs for text eliminated and bold italic for text added). 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.
2. Resolution.
CEP/bad
107 Forth Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
ATTACHMENT I
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.
A. Setbacks for all lots other than rural preservation lots shall be as set out below.
(1) Front setbacks. The front setback for any principal or accessory use or structure located on a
traditional five -acre lot shall be 60 feet from the property line or right -of -way of the street, road
or ingress /egress easement.
(2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall
be determined by the primary use of the adjoining parcel as follows:
Adjoining Parcel Size
Setback (Side and
Rear) (feet)
6 acres or less
s0
More than 6 acres
100
Orchard
200
Agricultural and Forestral
District
200
*§ 165- 401.076 Remains Unchanged