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RESOLUTION
A RESOLUTION TO INITIATE A ZONING
ORDINANCE TEXT AMENDMENT TO AUTHORIZE A SPECIAL EXCEPTION TO PERMIT THE
USE OF DENSITY FROM ADJOINING PROPERTIES IN THE RA AND RC ZONES WITHOUT
PARCEL CONSOLIDATION
WHEREAS, the Board of Supervisors has
reviewed a proposed text amendment that would permit the use of
residential density from an adjoining parcel temporarily encumbered by a
special exception which precludes residential development, or which is
not in common ownership with the adjoining parcel as is currently
permitted upon consolidation of adjoining parcels in the RA and RC
zones; and
WHEREAS, the Board of Supervisors has
determined that the initiation and consideration of the proposed text
amendment is appropriate and in the public interest, and is consistent
with good zoning practice and public convenience; now, therefore, be it
RESOLVED by the Fauquier County Board of
Supervisors this 8th of March 2007, That the Board does hereby forward
the following proposed text amendment to the Fauquier County Planning
Commission for its consideration and recommendation.
PROPOSED TEXT:
5-3200
Standards to Permit the Use by an
Adjacent Property of Residential
Density of a Parcel by Special Exception Without Consolidation of
Parcels.
The
residential density of a parcel located within an RA or RC zone
and
which a) is subject to a temporary restriction on residential
development
because the property is the subject of a special exception for
non-
residential use or b) is in separate ownership which precludes
consolidation with an adjoining parcel or c) is in common
ownership with
the adjoining parcel where the owner does not desire to
consolidate the
parcels may be utilized for subdivision on an adjoining RA or RC
zoned
property provided that the owner obtains a special exception to
permit
such use and further provided that the following conditions are
met:
1. The
property which is subject to the temporary restriction upon
residential development or which is the source of the density
shall be
subjected to an easement which precludes residential development
of
the subject property in perpetuity.
2. The
residential density shall be utilized on the adjacent parcel
by mutual agreement between the adjoining property owners
upon joint application for the required special exception and
upon
imposition of the required permanent easement referred to in
paragraph 1.
3. The
development of the parcels shall comply with all requirements of
this ordinance, including but not limited to the open space
requirements of Section 2-406 unless the applicant
has obtained a reduction in open space pursuant to Section
5-2600 of
this ordinance; the terms of the easement required by paragraph
1
above may be considered as a factor in determining whether the
requirements of Section 5-2600 are met with respect to the
proposed
special exception for reduction in open space.
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