062-13Action:
BOARD OF SUPERVISORS: June 12, 2013 :U 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- 401.06 PERMITTED LOT SIZES
WHEREAS, the Frederick County Planning Department has been directed to prepare
changes to Chapter 165 Zoning, to allow divisions to existing rural preservation tracts
that have been recorded.
WHEREAS, The Development Review and Regulations Committee (DRRC)
recommended this item be forwarded to the Planning Commission and Board of
Supervisors; and
WHEREAS, the Planning Commission discussed the proposed changes at their regularly
scheduled meeting on May 1, 2013; and
WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly
scheduled meeting on June 12, 2013; 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 to allow divisions to existing rural preservation tracts that have been recorded.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to allow divisions to existing rural preservation tracts that have been recorded.
Passed this 12th day of June, 2013 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Charles S. DeHaven, Jr. Aye
Gene E. Fisher Aye Christopher E. Collins Aye
Opequon Magisterial District is vacant.
A COP'S' ,c
Jo i y, Yr.
Fre ick County Administrator
BOS Res. #062 -13
COUNTY of FREDERICK
Department of PIanning and Development
MEMORANDUM
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner *
Subject: Discussion — Rural Preservation Lot Requirements
Date: June 3, 2013
5401665 -5651
FAX: 5401665 -6395
Staff has received a request to allow divisions to existing rural preservation tracts that have been
recorded, so long as the division results in acreage being added to the preservation tract and only
if the acreage being added comes from the overall rural preservation subdivision. Currently, the
Zoning Ordinance states that "no future division" of these tracts is permitted; therefore, any
acreage additions would be considered a "division" and would not be permitted once the
preservation lot has been recorded.
This item was discussed via email by the DRRC in March 2013. The DRRC was supportive of
the proposed amendment being forwarded to the Planning Commission for discussion. One
comment received recommended that the amendment be expanded to allow boundary line
adjustments /consolidations of adjacent properties.
The Planning Commission discussed this item on May 1, 2013. Members of the Commission
could not foresee any disadvantage to allowing land to be added from outside of the rural
preservation tract. It was believed any opportunity to increase the size of the rural preservation
tract would be a positive action. The Commissioners and staff discussed draft language stating
land could be added into the rural preservation tract, but land could not be removed from the
rural preservation tract. The proposed ordinance amendment has been revised to reflect the
Planning Commission recommendation.
(Note: Commissioners Mohn, Madagan, and Triplett were absent from the meeting.)
The attached document shows the existing ordinance with the proposed changes supported by the
DRRC (bold italic for text added) and the Planning Commission. 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 deems it appropriate.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Resolution.
CEP /pd
107 North Kent Street, Suite 202 - Winchester, Virginia 22601 -5000
ATTACHMENT
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165. 7401.06 Permitted lot sizes.
C. Rural preservation lots.
(1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts
over 20 acres in size, subject to the following:
(a) Sixty percent or more of the parent tract shall remain intact as a contiguous parcel
(Rural Preservation Tract).
(b) This acreage must be designated prior to the division of the fourth lot.
(c) No future division of this designated Rural Preservation Tract shall be permitted
unless all the ollowin are met:
i. The division results in an overall acreage increase to the Rural Preservation
Tract
ii. Acreage added to the preservation tract ma come from areas internal or
external to the rural Preservation subdivision; and
iii. Acrea a from the Preservation tract may not be adjusted into - parcels
outside the rural preservation subdivision; and
iv. The Rural Preservation Tract continues to meet all requirements of Chapter
165 and 144.