Pittsylvania County: A Review of Setback Considerations

Ag Development Board This opportunity has been developing for several years with farmer input Set as a priority issue for 2012 The ADB recognizes the importance of this issue now and into the future as the EPA has and proposes to restrict the spreading of certain forms of fertilizers and aerially applied herbicides and insecticides ADB is willing to discuss and help develop potential guidance

How are the Farmers Affected Currently? Land application of organic fertilizers are being restricted as follows: Occupied Dwellings200 feet Wells or Springs100 feet Surface watersVaries Rock Outcroppings25 feet Limestone Outcroppings50 feet Property Lines (for biosolids)100 feet Roadways (for biosolids)10 feet Drainage Ditches (for biosolids)10 feet In certain municipal biosolid cases, land application setbacks may be extended to the following: Occupied Dwellings400 feet or more per VDH Property Lines200 feet or more per VDH Waivers can be signed by both parties to reduce the setback as well

To Illustrate… Field and Lot Farmer Field Lot

To Illustrate… Field and Residential Lot Home Well Required VA State Code 50’ setback Farmer Field Residential Lot VPAP required 200’ setback VPAP required 100’ setback Loss of property use In essence, the farmer lost the use of a portion of this field to spread organic fertilizers per required regulations. Current 10’ min. Setback

To Illustrate… Field and Residential Lot Home Well Required VA State Code 50’ setback Farmer Field Residential Lot VPAP required 200’ setback VPAP required 100’ setback Loss of property use In essence, the farmer lost the use of a portion of this field to spread organic fertilizers per required regulations. Current 10’ min. Setback VPAP required 100’ setback (if utilizing Biosolids)

Report to Legislative Committee May 31, 2013

Report to Legislative Committee August 5, 2013

Legislative Committee Report to BOS on August 5, 2013

Joint Setback Committee Meeting January 27, 2014 Pittsylvania County Board of Supervisors Joint Setback Study Subcommittee 1:00 P.M. Monday, January 27, 2014 JTI Classroom Olde Dominion Agricultural Center US Highway 29 South Chatham, Virginia Agenda 1.Call to Order – 1:00 P.M. 2.Roll Call 3.Organization of Subcommittee 4.General Discussion of Current and Proposed Setbacks Adjournment

Joint Setback Committee Meeting February 24, 2014 Pittsylvania County Board of Supervisors Joint Setback Study Subcommittee February 24, 2014 JTI Classroom Olde Dominion Agricultural Center US Highway 29 South Chatham, Virginia Agenda 1.Call to Order – 1:00 P.M. 2.Roll Call 3.Approval of Agenda 4.Approval of Minutes 1.January 27, Questions Submitted from Public in Writing 6.Nelson Dail (DEQQ) & Ken Vipperman (Virginia Department of Health) 1.Presentation to Committee on Setbacks to Agricultural Zoned Properties 7.Discussion of Required Setbacks to Property Lines on New Lots Adjacent to Agricultural Zoned Properties 8.Adjournment

Joint Setback Committee Meeting March 17, 2014 Pittsylvania County Board of Supervisors Joint Setback Study Subcommittee March 17, 2014 JTI Classroom Olde Dominion Agricultural Center US Highway 29 South Chatham, Virginia Agenda Please Note Time Change 1.Call to Order – 2:00 P.M. 2.Roll Call 3.Approval of Agenda 4.Approval of Minutes 1.February 24, Comments and Questions Submitted from Public in Writing 6.Trey Davis (Lobbyist for Virginia Farm Bureau in Richmond) Dr. Jesse Richardson (Professor at Virginia Tech) Presentation to Committee on Property Rights Issues Presentation to Committee on Farmers Rights, Planning & Residential Setbacks 7. Discussion of Required Setbacks to Property Lines on New Lots Adjacent to Agricultural Zoned Properties 8. Adjournment

Lot Size to Meet Setback Minimums for 200’ and 100’

Joint Setback Committee Meeting County Comparisons March 17, 2014 CountyMin. Lot SizeHousing Setbacks Rockingham1 acreFront – 60’; Rear – 35’; Sides – 15’ Augusta1 acreFront – 50’; Rear – 25’; Sides – 25’ Accomack5 acresFront – 50’; Rear – 35’; Sides – 15’ Page1.75 acresFront – 50’; Rear – 50’; Sides – 20’ Shenandoah1.5 acresFront – 40’; Rear – 90’; Sides – 40’ Northampton1 acreFront – 60’; Rear – 25’; Sides – 15’ Orange2 acresFront – 85’; Rear – 35’; Sides – 20’ Amelia5 acresFront – 100’; Rear – 40’; Sides – 40’ Pittsylvania20,000 sq. ft.Front – 60’; Rear – 40’; Sides – 10’ Franklin35,000 sq. ft.Front – 60’; Rear – 30’; Sides – 10’ Halifax1.5 acresFront – 75’; Rear – 35’; Sides – 35’ Henry1 acreFront – 35’; Rear – 50’; Sides – 15’ Campbell3 acresFront – 100’; Rear – 25’; Sides – 15’ Bedford3 acresFront – 50’; Rear – 25’; Sides – 15’

Joint Setback Committee Meeting April 21, 2014 Pittsylvania County Board of Supervisors Joint Setback Study Subcommittee April 21, 2014 JTI Classroom Olde Dominion Agricultural Center US Highway 29 South Chatham, Virginia Agenda 1.Call to Order – 1:00 P.M. 2.Roll Call 3.Approval of Agenda 4.Approval of Minutes 1.March 17, Comments and Questions Submitted from Public in Writing 6.Dr. Jesse Richardson (Professor at Virginia Tech) Presentation to Committee on Farmers Rights, Planning & Residential Setbacks 7. Discussion of Zoning/Agricultural-Residential Options 8. Adjournment

Option #1 Proposed Zoning Classification RR-A Proposed New Zoning Classification RR-A RR-A is a zoning classification for residential dwellings in traditionally agricultural areas Front yard setbacks shall be a minimum of 100 feet from lot line Side yard setbacks shall be a minimum of 150 feet Rear yard setbacks shall be a minimum of 150 feet Minimum lot size shall be 2.5 acres Wells shall be located a minimum of 100 feet from property lines Clustering of lots will be permitted with the following provisions: Minimum exterior lot size is 1.75 acres Minimum interior lot size is 0.75 acres Setbacks as outlined above exist for the exterior sides of exterior lots Setbacks for interior sides and interior lots shall be a minimum of 50 feet Wells shall be located a minimum of 100 feet from property lines All new plats and deeds in RR-A shall include a general description of customary production agriculture activities Land adjoining or severed from A-1 to be rezoned for residential dwellings shall be rezoned RR-A Proposed Amendments to A-1 & C-1 Residential dwelling sections and language shall be removed from A-1 and C-1 Subsequent setbacks and lot sizes would need to be removed in order to add RR-A All existing A-1 and C-1 lots with dwellings shall be grandfathered

Option #2 Amend A-1 and Propose AR-1 A-1 Min. Lot Size – 5 acres Front Setback – 60’ from centerline or 35’ from ROW Side Setback – Min. of 50’ Rear Setback – Min. of 50’ Up to 2 dwelling units allowed No state road frontage required, unless part of a subdivision A-1 tracts can be subdivided for higher density residential use and rezoned to R-1, Residential Suburban Subdivision with a min. of 20,000 sq. ft. (0.46 acres) Proposed AR-1 Min. Lot Size – 1.5 acres Front Setback – 60’ from centerline or 35’ from ROW Side Setback – Min. of 40’ Rear Setback – Min. of 40’ Up to 2 dwelling units allowed No state road frontage required, unless part of a subdivision A-1 and AR-1 tracts can be subdivided for higher density residential use and rezoned to R-1, Residential Suburban Subdivision with a min. of 20,000 sq. ft. (0.46 acres)

A-1 zoning would remain the same with the following adjustments Min. Lot Size – 1.5 acres Front Setback – 60’ from centerline or 35’ from ROW Side Setback – Min. of 40’ Rear Setback – Min. of 40’ Up to 2 dwelling units allowed No state road frontage required, unless part of a subdivision A-1 tracts can be subdivided for higher density residential use and rezoned to R-1, Residential Suburban Subdivision with a min. of 20,000 sq. ft. (0.46 acres) Option #3 Amend A-1 to Increase Min. Lot Size and Setbacks

Recommend Option #1, which proposed a new zoning classification to be called RR-A with the following additions: – Existing A-1 parcels shall have the ability to build up to two (2) dwellings on said parcel, subject to RR-A setbacks. – Wells on the exterior lots shall be located a minimum of 100’ from the exterior property lines. Joint Subcommittee Approved the following in a 6-2 vote:

PCPC Meeting May 6, 2014

Letter to PCPC from ADB August 1, 2014

PCPC Meeting August 5, 2014

Memo from Zoning Administrator

BOS Meeting Minutes Directing Staff to Establish this Joint Meeting

Pittsylvania County: A Review of Setback Considerations