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Location, Zoning and
Current Land Use:
The subject property is
located on Old Auburn Road (Route 670), near Catlett. The
45.53-acre parcel is zoned Rural Residential (RR-2).
Adjoining parcels to the north, south and west are also
zoned RR-2. Adjoining parcels to the east are zoned Rural
Agriculture (RA). The current land use is residential.
Comprehensive
Plan/Land Use:
The property is outside the
Service Districts in the rural area where rural/agricultural
uses are sought.
Historic Resources:
The 45-acre property is
located in the study area of the Auburn I and Auburn II
battlefields. Auburn I and II are listed among twelve
battlefields lying partially or entirely within Fauquier
County that number among the top 3% most important
battlefields in the Civil War. The property appears to be
entirely within the core battlefield area for Auburn II
(i.e., where the physical battle took place). Although
Fauquier County has provisions in both the Comprehensive
Plan and Zoning Ordinance to protect historic resources
generally, the County does not have any specific ordinances
regulating development within civil war battlefields in
particular to distinguish them from any other historic
resource. For instance, the Purpose and Intent Section of
the Fauquier Zoning Ordinance states that it is designed “to
protect against destruction of or encroachment upon historic
areas.” Additionally, in 2001, the Fauquier County Board of
Supervisors adopted a Resolution calling for the
“significant elements” of a Citizen’s Historic Preservation
Plan to be adopted into the Comprehensive Plan. To that end,
these Plan and Ordinance provisions allow the Planning
Commission to give consideration to broad historic
preservation policies in its decisions by specifying
conditions to protect historic features. No aboveground
structures associated with the battlefield are located on
the property.
Special Exception Analysis:
The
following Zoning Ordinance sections apply to this request:
Section 5-006:
General Standards for
Special Permits and Special Exception Uses
1.
The proposed use shall be such that it will not
adversely affect the use or development of neighboring
properties. It shall be in accordance with the applicable
zoning district regulations and the applicable provisions of
the adopted Comprehensive Plan. The location, size and
height of buildings, structures, walls and fences, and the
nature and extent of screening, buffering and landscaping
shall be such that the use will not hinder or discourage the
appropriate development and/or use of adjacent or nearby
land and/or buildings or impair the value thereof.
The Comprehensive Plan designates this as a rural area.
Staff suggested to the applicants that providing non-common
open space would be in keeping with the rural area, and
would provide some of the benefit of common open space –
that of openness. It was also suggested that the applicants
consider deed restricting the number of lots developed on
the site if adequate common open space is not provided. The
proposed use will not adversely affect the use of
neighboring properties, as there are subdivisions adjoining
the subject parcel, so the additional lots would be
consistent with the land use in the area.
2.
The proposed use shall be such that pedestrian and
vehicular traffic generated will not be hazardous or
conflict with the existing and anticipated traffic in the
neighborhood and on the streets serving the site.
The proposed use is a residential development. Traffic
will not be hazardous or conflict with the existing traffic
in the neighborhood.
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In addition to the
standards which may be set forth in this Article for a
particular category or use, the BZA and Board may
require landscaping, screening, yard requirements or
other limitations found to be necessary and appropriate
to the proposed use and location.
The proposed subdivision
will be required to meet all necessary Zoning Ordinance
requirements for landscaping.
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Open space shall be
provided in an amount at least equal to that specified
for the zoning district in which the proposed use is
located.
Applicant is requesting a
waiver of the entire 50% Common Open Space requirement.
5.
Adequate utility, drainage, parking, loading, and
other necessary facilities to serve the proposed use shall
be provided. Low impact development techniques are
encouraged by the County and shall be incorporated into the
site and facility design when deemed appropriate by the
applicant after consultation with appropriate county
officials. Parking and loading requirements shall be in
accordance with the provisions of Article 7.
Not applicable to the proposed use.
6.
Signs shall be regulated by the provisions of Article
8, except as may be qualified in the parts that follow for a
particular category or use. However, the BZA and the Board,
under the authority presented in Section 007 below, may
impose more strict standards for a given use than those set
forth in this Ordinance.
Not applicable to the proposed use.
7.
The future impact of a proposed use will be
considered and addressed in establishing a time limit on the
permit, if deemed appropriate. Existing and recent
development, current zoning and the Comprehensive Plan shall
be among the factors used in assessing the future impact of
the proposed use and whether reconsideration of the permit
after a stated period of time would be necessary and
appropriate for the protection of properties in the vicinity
and to ensure implementation of the Comprehensive Plan.
This Special Exception Request is to reduce the Open
Space requirement for a subdivision. If approved, there will
be no time limit on the permit.
8.
The proposed use shall be such that air quality,
surface and groundwater quality and quantity, are not
degraded or depleted to an extent that would hinder or
discourage the appropriate development and/or use of
adjacent or nearby land and/or buildings or impair the value
thereof.
The development of a subdivision should not impact air
quality, surface and groundwater quality and quantity in a
manner that would hinder or discourage development of nearby
land.
9.
Except as provided in this Article, all uses shall
comply with the lot size, bulk regulations, and performance
standards of the zoning district in which located.
All uses will comply with all Zoning and Subdivision
Ordinance regulations.
Section 5-2701: Standards for Reduction of Common Open
Space
In any zone, the percentage of the gross site area required
as common open space may be reduced by the Board upon a
determination that:
1.
The required amount is not necessary in order to establish
neighborhood open space for useable recreation space,
accessibility, visibility and linkage with other established
or planned subdivisions, adjacent open space, parks, schools
or similar land uses.
This Special Exception is being requested so that the
applicants may clear up an existing zoning violation. The
four housing sites currently in violation of the Zoning
Ordinance do not have use of common open space. The majority
of the development is proposed at this time to be Family
Transfer Lots. There is no useable recreation space required
under the Family Transfer Ordinance. There is no existing
adjacent open space, nearby park or school for which an open
space parcel would provide accessibility, visibility and
linkage.
2.
The area, particularly adjacent parcels, is developed
predominantly as conventional subdivisions without open
space and the required open space would result in an
inconsistent pattern of development, in which case open
space may be reduced to zero.
There does not appear to be any open space parcels located
within any of the adjoining subdivisions, as they were
likely developed as conventional subdivisions.
Planning Commission Summary
and Action of January 28, 2010:
The Planning Commission
discussed this item at its work session. The applicants
agreed to a postponement of this item so that more
information could be obtained regarding the specific number
of lots the applicants wish to create as family transfers
and/or administrative lots. The Planning Commission also
agreed to make a site visit to this property so that more
information could be obtained regarding the battlefield
areas.
Planning Commission Summary
and Action of February 25, 2010:
The Planning Commission
discussed this item at its work session. Due to the closure
of County offices based on inclement weather, the owners
were not able to post their property as required by the
Ordinance. The public hearing was kept open and action on
the applications was deferred until the March Planning
Commission meeting.
Planning Commission Summary
and Action of March 25, 2010:
The Planning Commission
discussed this item at its work session and at the Public
Hearing voted unanimously to recommend approval of the
Special Exception.
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