DRRC 09-28-06 Meeting AgendaW c COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
To: Development Review and Regulations Subcommittee
From: Mark R. Cheran, Zoning Administrator
Subject: September Meeting and Agenda
Date: September 19, 2006
The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting
on Thursday, September 28, 2006 at 7:30 p.m. in the BOARD ROOM of the County Administration
Building, 107 North Kent Street, Winchester, Virginia. The DRRS will discuss the following agenda
items:
AGENDA
1) Discussion of Amending Section 165-54 (B) (1) "Family Lot Divisions" of the Frederick
County Zoning Ordinance. Staff is seeking input from the DRRS on changes to this
section of the ordinance regarding a time period to release a family lot division. Currently,
this section does not have any time period codified for releasing a family lot division. (See
attachments)
2) Discussion of Section 165-54 (D) "Rural Preservation Lots" of the Frederick County
Zoning Ordinance. Staff is seeking input from the DRRS regarding changes to this section of
the ordinance that address Rural Preservation Lots. Changes to this section may be warranted
to avoid any confusion and add clarification to this section. The current and proposed
section(s) are located below. (See attachments)
3) Other
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the four-story wing. I would encourage committee members
and interested citizens to park in the County parking lot located behind the new addition or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
MRC/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #1: Section 165-54 (B) (1)
Staff is seeking input from the DRRS to add language to this section of the ordinance regarding a time
period for family division lots to remain with the family member. The state code has changed to
address this issue and allows localities to set the length of time, up to but not to exceed fifteen (15)
years. Historically, the Zoning Administrator (s) has made the interpretation as to the length of time
family division lots are to be held by a family member. This length of time was determined to be two
(2) years. After the two (2) year time period, lots can be sold outright. This new language should
codify a period of time that a family member has to keep the conveyed lot. There will be no other
changes to this section. The current state code, ordinance section, and the proposed changes to this
section are listed below for your review,
Proposed Changes:
(1) Lots are conveyed to members of the immediate family; of the owner of record of the
parent tract. The conveyed lot (s) shall remain with the family member for a period of
years.
§ 165-52 FREDERICK COUNTY CODE § 165-54
B. Exception to permitted density. On lots containing between seven and
10 acres which were lots of record prior to the adoption of this article,
lots of two or more acres may be created despite the density limit of
one unit per five acres, provided that they meet the requirements of
§ 165-54B of this chapter. Within subdivisions utilizing rural
preservation lots, the forty -percent parcel shall not count against the
permitted density of the parent tract.
§ 165-53. Minimum lot size. [Amended 12-11-1991 ]
The minimum lot size for permitted uses shall be two acres.
§ 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991]
The following types of lots shall be permitted:
A. Traditional five -acre lots. On any parcel, lots of five acres in size or
greater shall be permitted.
B. Family division lots. On any parcel which contained seven acres or
more prior to the adoption of this article, lots as small as two acres
may be created, provided that the following conditions are met:
[Amended 7-10-20021
(1) Lots are conveyed to members of the immediate family of the
owner of record of the parent tract.
(2) Only one such lot shall be permitted per immediate family
member.
(3) One parcel of at least five acres in size shall remain intact
following the division.
(4) The creation of all such lots shall be in accordance with the
provisions of the Frederick County Subdivision Chapter and
§ 15.2-2244 of the Code of Virginia.
C. Agricultural lots, Parcels of five acres or more in size may be created
for legitimate agricultural purposes, as defined by this chapter,
provided that the parcels created qualify for land use assessment.
D. Rural preservation lots.
16576 12-15-2004
§ 15.2-2244.1. Additional method for subdivision of a lot for conveyance to a family member.
In addition to § 15.2-2244, a locality may include in its subdivision ordinance provisions permitting a
single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family, as
defined in § 15.2-2244, of the property owner, if (i) the property has been owned for at least 15
consecutive years by the current owner or member of the immediate family and (ii) the property owner
agrees to place a restrictive covenant on the subdivided property that would prohibit the transfer of the
property to a nonmember of the immediate family for a period of 15 years. The locality may require that
the subdivided lot is no more than one acre and otherwise meets any other express requirement
contained in the Code of Virginia or imposed by the local governing body.
__-
Item #2: Section 165-54 D
Staff is seeking input from the DRRS on this section of the ordinance regarding rural preservation
lots. The ordinance is not clear if the parent tract (rural preservation) can be subdivided if it is
recorded with a greater than 40% set aside. Changes of this section may be warranted to avoid any
confusion and add clarification to this section. Staff believes that this section of the ordinance is
difficult to understand and read for the general public. Historically, the Zoning Administrator(s) has
made the interpretation that once the tract is recorded, it cannot be subdivided, regardless of the
percentage of the set-aside. The current ordinance section is included for your review. The bold
print below shows the proposed changes.
Proposed Changes:
D. Rural preservation lots.
(1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tract
over 20 acres in size, subject to the following:
(a) Forty percent or more of the parent tract (Rural Preservation Tract) shall
remain intact as a contiguous parcel.
(b) No Changes
(c) No future division of this designated Rural Preservation Tract shall be
permitted.
(2) No Changes
(3) Board of Supervisors wavier of division restriction.
(a) The designated Rural Preservation Tract may be released from the restrictions
of Subsection D (1) after a period of ten (10) years from its creation through the
rezoning process.
(b) The rezoning shall be consistent with the goals of the Frederick County
Comprehensive Plan in effect at the time of the rezoning.
(c) The Forty percent or more designated Rural Preservation Tract which is within
the Urban Development Area (UDA) at the time of its creation or is included
within the UDA as a result of a future expansion of the UDA shall be eligible for
rezoning at that point and shall not be subject to the ten (10) year restriction on
rezoning.
§ 165-52 FREDERICK COUNTY CODE § 165-54
B. Exception to permitted density. On lots containing between seven and
10 acres which were lots of record prior to the adoption of this article,
lots of two or more acres may be created despite the density limit of
one unit per five acres, provided that they meet the requirements of
§ 165-54B of this chapter. Within subdivisions utilizing rural
preservation lots, the forty -percent parcel shall not count against the
permitted density of the parent tract.
§ 165-53. Minimum lot size. [Amended 12-11-1991]
The minimum lot size for permitted uses shall be two acres.
§ 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-1991]
The following types of lots shall be permitted:
A. Traditional five -acre lots. On any parcel, lots of five acres in size or
greater shall be permitted.
B. Family division lots. On any parcel which contained seven acres or
more prior to the adoption of this article, lots as small as two acres
may be created, provided that the following conditions are met:
[Amended 7-10-2002]
(1) Lots are conveyed to members of the immediate family of the
owner of record of the parent tract.
(2) Only one such lot shall be permitted per immediate family
member.
(3) One parcel of at least five acres in size shall remain intact
following the division.
(4) The creation of all such lots shall be in accordance with the
provisions of the Frederick County Subdivision Chapter and
§ 15.2-2244 of the Code of Virginia.
C. Agricultural lots. Parcels of five acres or more in size may be created
for legitimate agricultural purposes, as defined by this chapter,
provided that the parcels created qualify for land use assessment.
D. Rural preservation lots.
16576 12-15-2004
§ 165-54 ZONING § 165-54
(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: [Amended 10-13-1993]
(a) Forty percent of the parent tract must remain intact as a
contiguous parcel.
(b) This acreage must be designated prior to the division of the
fourth lot.
(c) No future division of this portion of the parent tract will be
permitted.
(2) Exception to single forty -percent parcel. In cases where
excessive topography or other natural features of a site create a
situation where a higher quality subdivision design, resulting in
less physical and/or visual disruption could be achieved by
allowing two residual parcels to be created, the Planning
Commission may permit the 40% to be made up of two parcels.
(3) Board waiver of division restriction. Ten years from the date of
the creation of any forty -percent parcel and following a public
(Cont'd on page 16577)
16576.1 12-15-2004
§ 165-54 ZONING § 165-55
hearing, the Board of Supervisors may release the parcel from
the restrictions of Subsection D(1) through the process of
rezoning, provided that the rezoning is consistent with the goals
of the Comprehensive Plan in effect at that time. Any forty -
percent parcel which is within the Urban Development Area
(UDA) at the time of its creation or is included within the UDA as
a result of a future expansion of the UDA, shall be eligible for
rezoning at that point and shall not be subject to the ten-year
restriction on rezoning.
§ 165-55. Setback requirements. [Amended 12-11-1991; 6-9-19931
The following setback requirements shall apply to all parcels within the RA
Rural Areas Zoning District.
A. Traditional five -acre lots. Setbacks from traditional five -acre 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:
Setback
(Side and Rear)
Adjoining Land Use (feet)
Residential/vacant 50
Agricultural 100
Orchard 200
B. Rural preservation lots. The minimum setbacks from rural preservation
lot lines which adjoin other rural preservation lots shall be as set out
below. Side and rear setbacks from rural preservation lot lines which
adjoin any parcel other than another rural preservation lot shall be
determined by § 165-55A(2) of this chapter.
(1) Front setback. The front setback for any principal or accessory
use or structure shall be 60 feet from the right-of-way of any
16577 10-20-2002