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Working Group debates lowering acreage for family subdivisions to expand homeownership options

3688470 · April 9, 2025
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Summary

Committee members discussed reducing family-division minimums from the current 5/3 configuration to 3/2 (parent/child), extending 5-year ownership holds, and routing hardship appeals to the Board of Supervisors rather than only staff or the planning commission.

Committee members spent extensive time reviewing the county's family subdivision rules and whether to recommend changes aimed at letting property owners create small family parcels while preventing immediate resale that would circumvent subdivision rules.

Luke, a committee member who opened the family-subdivision discussion, summarized the current framework and possible changes. Under existing practice the committee said there is a configuration described as a "5 and 3" rule (parent parcel and new parcel sizes referenced in discussion) and ownership hold periods; members discussed moving to a "3 and 2" approach for certain zoning districts (reducing the parent parcel and child parcel minimums from 5/3 acres to 3/2 acres in appropriate districts).

Members repeatedly emphasized keeping a five-year ownership requirement on any newly created child parcel so that the new lot must be owned for five years before transfer to someone outside immediate family. Several members proposed also imposing a five-year hold on the residual parent parcel to limit sequential cuts that would effectively subdivide a larger tract into multiple lots for sale. Committee members discussed who should hear hardship appeals: several preferred that appeals go to the Board of Supervisors rather than be handled solely by staff or the planning director, to ensure community visibility for exceptions.

Speakers clarified who qualifies as "immediate family" under state guidance and county practice. The group recorded that state code and local interpretation treat "immediate family" narrowly (spouse, children, parents, brothers, sisters) and that, per current reading, transfers directly to grandchildren are generally not permitted unless through a parent; the committee asked staff to confirm the statutory definition in the county's code text. Members observed that the family-division affidavit recorded with a split currently includes restrictions such as a five-year ownership hold and provisions that limit rental or sale outside the family during that period.

Several members noted mechanical issues that would follow from smaller minimums (for example, the potential to subdivide a 10-acre tract into multiple child parcels over time if sequential cuts are allowed). The committee discussed limiting family divisions to one occurrence per parent parcel or otherwise preventing serial partitioning that would increase density beyond the intended family-exemption purpose.

The conversation also covered zoning districts where family subdivisions apply: the committee identified R-2 and R-U districts as primary zones for the proposed 2-acre minimum for new family parcels, with optional consideration of R-5 and R-R districts for different lot-size rules. Members asked staff to research the historical rezoning proffers that tie maximum lot counts to rezonings (many rezonings include an explicit maximum number of lots) and to confirm how that interacts with family divisions.

No formal motion to adopt ordinance changes was taken; members instructed staff to draft recommended language reflecting: (1) a potential shift to 3/2 (parent/child) minimums in certain districts; (2) a five-year hold on newly created child parcels and consideration of a five-year hold on parent parcels; (3) routing hardship appeals to the Board of Supervisors; and (4) explicit confirmation of who counts as "immediate family" under county practice and state code. The draft will be circulated for committee review ahead of any formal recommendation to the Board of Supervisors.