Planners consider modifying subdivision ordinance

Amherst County plans to seek an opinion from the Virginia Attorney General’s office on the legal definition of “great-grandchild” as it considers modifying a family division portion of the subdivision ordinance.

The Board of Supervisors voted to seek the opinion during a May 19 meeting with planning commission.

The proposed change, according to the planning department, serves a threefold purpose of complying with state code, increasing regulations and preventing family divisions as a way to circumvent current zoning rules. Family division is defined in zoning as “a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner.”

A dozen residents spoke out against altering family divisions during a public hearing the board held in April. They said they felt the proposed change was a violation of their property rights and limits landowners in a grim economy.

The board delayed action after the hearing and asked for more information from Jeremy Bryant, director of planning and zoning, on the subject. It also wanted more feedback from the commission.

Bryant presented a few examples of residents using family division as a “loophole” and “way to go around” the subdivision ordinance at the May 19 meeting. State code allows a requirement of up to 15 years ownership for a landowner to use a family division — the county is proposing a limit of five years.

“Five years seems to be a fair number,” Bryant said.

According to proposed zoning, immediate family is any person who is a “natural or legally defined offspring”, spouse, grandchild, parent, grandparent, sister or brother of the owner — a stepchild is a new state requirement, he said.

Chris Adams, the board’s vice chairman, favored adding “great-grandchild” as an immediate family. Adams said it was not unreasonable for the county to seek that addition and it makes just as much sense as a stepchild because of blood relation.

County Attorney J. Vaden Hunt said the term for great grandchild is a “vexing question” other localities have struggled to define and it could potentially “broaden the abuse” of family divisions in Amherst.

“If we want to be safe, we should request the attorney general’s opinion,” Hunt told supervisors.

The board also voted May 19 to amend the family division ordinance to waive the five-year ownership requirement if a qualifying family member wishes to build a residence — that measure is not yet final and requires another vote at a later date.

The board also postponed action on a zoning change that allows “off-highway vehicle recreational facilities”, or motor tracks, as a special exception use in A-1 (Agricultural) districts. The change would permit Ken Beck of James River Recreation Center LLC to pursue construction of a track near the U.S. 29 Bypass in the Galts Mill Road area of Madison Heights.

The board held a public hearing on the proposed zoning change in April — it drew several people who favor the project and a few who oppose it.

Board members have said a new noise ordinance should be passed before voting on such facilities since noise from the tracks could become a public nuisance. Hunt said he expects to present a draft of a new noise ordinance in June.

“It looks to me the cart is in front of the horse,” said Chairman Leon Parrish.

Adams called it a “touchy” issue due to noise but said at the same time such an operation could benefit public interest in the county.

Supervisor Don Kidd said the board should proceed carefully and examine how close such operations would be to residential property.

“You don’t want to go and put a nuisance in someone’s backyard,” said Kidd. “I’m not against this motor cross at all … but I’m listening to my constituents … I want to make sure when this thing is done, it’s done right.”

Parrish said he is considering the potential of future development such as a hotel or motel near the bypass.

“If I knew a motor cross was that close to me, I wouldn’t use that motel … and Amherst would miss that revenue,” Parrish said.

The county has 120 days from April 21 — when it held the public hearing — to vote.

In other business:

n After holding separate public hearings, the board voted to rezone land to allow several businesses, which include: a restaurant at the Mountain View Market at 1900 Lowesville Road, an antique and gift retail store at 2816 Lowesville Road and a hair cutting shop at 360 Old Wright Shop Road.

n Supervisors voted to adopt a measure that gives citizens more time to secure subdivision plat approvals and special exceptions and amendments to the county zoning ordinance. The county can now allow extensions of 100 days for a special exception, 12 months for a zoning amendment and 60 days for a subdivision plat approval.