Planning commission approves family subdivision changes: new-lot hold 8 years, no hold on residual parcel

The Powhatan County Planning Commission voted unanimously to recommend a package of amendments to family-division and subdivision rules that change minimum lot sizes and holding periods for family-division lots.

Under the amendments sent to the Board of Supervisors, the minimum lot size for a family-division (A-10/RR rural residential) new lot would be reduced from 3 acres to 2 acres, and the minimum size for the residue (parent) parcel would change from 5 acres to 4 acres (a 6-acre total minimum). The commission also approved a separate amendment clarifying the minimum lot size chart in the zoning ordinance.

Commissioner Winnall moved the package as amended; Commissioners voted 5-0 to forward the amendments. The substantive amendment adopted by the commission requires the owner to record a restrictive covenant (in the form of an affidavit) at the time of subdivision stating that each new lot created through a family division “shall not be sold or transferred to a person who is not an immediate family member of the owner for a period of eight years.” The commission specifically struck any holding requirement on the residual (parent) parcel, leaving no county-imposed restriction on sale of the residual unless otherwise approved.

Planning staff explained the proposed changes included other detailed edits: the pre-division ownership requirement would be shortened from five consecutive years to two consecutive years; the total land area required for a family division would change from eight acres to six acres under the new minimums; and an exception process would allow the planning director to waive the holding period in “compelling circumstances.” Ligon Webb, Powhatan County director of planning, noted that the advertised referral included options and that the commission was deciding what to recommend to the Board.

During public comment, resident Woody Koffa asked whether the eight-year restriction would prevent landowners from later selling portions of large holdings used for multiple family divisions; commissioners and staff clarified that other by-right divisions or conservation subdivision tools might apply, and that exceptions exist for bona fide creditors, bankruptcy or court orders. David Anderson and other commissioners raised concerns that an extended holding period on the residual parcel could be punitive for long-time landowners and could complicate access to lending; the commission ultimately removed the residual-hold requirement from its recommendation.

The commission approved two related votes: the zoning ordinance amendment updating the lot-size chart, and the family-subdivision amendment with the restrictive covenant language and the residual carve-out. Both votes passed unanimously. The recommendations now go to the Board of Supervisors for review and possible adoption.