ATTACHMENT 3

resolution

A Resolution to reverse the decision of the Planning Commission to deny  THE VIRGINIA PINES Subdivision Preliminary Plat (PPLT07-sc-006)  AND waiver (wvrp07-sc-003) Pursuant to Zoning Ordinance

Section 2‑406(6), SCOTT DISTRICT

WHEREAS, L&J Property, LLC, applicant for the Virginia Pines Subdivision Preliminary Plat, has proposed to divide one parcel of approximately 204.72 acres into six (6) single-family residential lots, including a non-common open space lot of 174.68 acres; and

            WHEREAS, L&J Property, LLC, has shown 174.68 acres as non-common open space as part of the subdivision; and

            WHEREAS, Section 4-27 of the Fauquier County Subdivision Ordinance states that due unusual size, topography, or shape or other unusual condition of a property not resulting from the developers deliberate act, a strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the developer; and

WHEREAS, Section 4-27 allows the Planning Commission to vary, modify or waive the requirements so that substantial justice may be done and the public interest secured; and

            WHEREAS, Zoning Ordinance Section 2-406(5)(B) further states that the Fauquier County Board of Supervisors shall take into account any scenic and/or historic resources impacted by proposed cluster subdivisions; and           

WHEREAS, Zoning Ordinance Section 2-309(6) authorizes the Planning Commission to determine whether lands qualify as open space; and

            WHEREAS, Code of Virginia Section 15.2-2286(12) provides “that a locality, may, at its option, provide in its zoning or subdivision ordinance standards, conditions and criteria for clustering of single-family dwellings and the preservation of open space developments...the governing body may, at its discretion, include any provisions it determines appropriate to ensure quality development, preservation of open space and compliance with its comprehensive plan and land use ordinances”; and

            WHEREAS, on November 30, 2006, the Planning Commission unanimously denied the Preliminary Plat and cul-de-sac length waiver with stated reasons in its resolution; and

            WHEREAS, pursuant to Zoning Ordinance Section 2-406(6) the applicant has the right to appeal the Planning Commission’s denial of the Preliminary Plat for a cluster subdivision; and       

            WHEREAS, the Fauquier County Board of Supervisors has evaluated and considered all evidence presented; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 11th day of January 2007, That the Board does hereby approve the Virginia Pines Waiver request (WVRP07-SC-003) and reverses the decision of the Planning Commission to deny the Virginia Pines Preliminary Plat (PPLT07-SC-006) and remands it back for further consideration.

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