ORDINANCE

 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO SECTIONS 3-301.1 AND 5-103 OF THE FAUQUIER COUNTY ZONING ORDINANCE AFFECTING THE C-1 ZONING DISTRICT

 

WHEREAS, eight of Fauquier County’s Service District Comprehensive Plans envision the creation of mixed-use development incorporating a mix of retail and service businesses, offices and apartments concentrated at the core of these neighborhoods in a pattern modeled on Main Street in Marshall, Remington and Warrenton; and

WHEREAS, the C-1 (Commercial Neighborhood) zoning district dominates the areas marked for mixed use development in these service districts; and

WHEREAS, the existing C-1 zoning regulations do not require or promote the mix of uses envisioned by the plan; and

WHEREAS, the existing C-1 zoning regulations do not provide the flexibility or the geometrical rules needed to develop mixed use projects in a form consistent with the Comprehensive Plan; and

WHEREAS, the proposed text amendment modifies the C-1 zoning regulations such that they promote the goal of mixed use and provide the flexibility necessary to develop mixed use projects in a form consistent with the Comprehensive Plan; and

WHEREAS, on November 20, 2003 and December 20, 2003, the Planning Commission held public hearings on the issue; and

WHEREAS, on December 20, 2003, the Planning Commission voted to recommend the proposed text amendment; and

WHEREAS, on January 20, 2004, the Fauquier County Board of Supervisors held a public hearing on these amendments; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 20th day of January 2004, That Sections 3-301 and 5-103 of the Fauquier County Zoning Ordinance be, and are hereby, amended to read as follows:
 

 

 

3-301  RESIDENTIAL USES

            (CATEGORY 1)

1.  Residential Development

Site Plan

RC

RA

RR2

V

R1

R2

R3

R4

TH

GA

MDP

C1

C2

C3

CV

I1

I2

a.  Dwelling, Single Family Detached

 

P

P

P

P

P

P

P

P

P

 

 

SP

 

 

SP

 

 

b.  Dwelling, Single Family Attached

X

SE  C

SE  C

SE   C

SE  C

C

C

C

C

P

P

 

SP

 

 

 

 

 

 

c.  Dwelling, Multi-Family

X

 

 

 

 

 

 

 

 

P

P

 

SP

 

 

 

 

 

 

d.  Dwelling above Commercial

X

 

 

 

 

 

 

 

 

 

 

 

SE

 

 

 

 

 

 

 

 

5-103   Standards for all Residential Uses in C-1 and CV Districts

 

In addition to the general standards set forth in Section 5-006 above, all residential uses shall satisfy the following standards:

 

1.         Single Family Detached Dwellings

 

a.         Within the C-1 zoning district, a single family detached unit may only be constructed on a lot existing as of January 1, 2004, and only by approval of a special permit.  Lots created by subdivision after January 1, 2004 may not be developed with single family residential dwellings.  Additions to existing single family residential dwellings may also be approved by special permit.

 

b.         While the C-1 and CV Zoning Districts are intended to accommodate a mixture of commercial and residential uses, and to recognize the mixed use character of many village centers in the County,   Residential uses allowed by special permit in such districts shall be of such scale as to avoid conflict with existing and potential commercial uses in the district where located.

 

c.         Single family uses shall be subject to the use regulations set forth in Part 4 of Article 3 for conventional single family residential development in the R-4 zoning district.  developments in the zoning districts indicated:

                        Dwelling Unit Type                   Zoning District

                        Single Family, Detached,           R-4

Single Family, Attached,           TH

Multi-Family,                            GA


 

2.         Dwellings above Commercial Use

 

a.         Dwelling units are permitted only in buildings where the first floor is devoted to commercial use, and only be approval of a special exception.   Residential use on the first floor shall be limited to the minimum area needed to provide an entrance and lobby to residential units in the building.  The range of commercial uses that will be allowed in the commercial space shall be defined with the application for special exception and shall be limited by the Board to:

-   uses that are compatible with the proposed residential uses; and

            -   office, retail, personal service, restaurants, amusement, or other similar uses which generate activity on the street, as determined by the Board of Supervisors.  

 

b.         The Board may vary the minimum lot size, minimum lot frontage, minimum lot width and minimum yard requirements of the C-1 zone for mixed use buildings where it determines that such variation would result in a building form more consistent with the form of existing development in the surrounding area or would further the goals of the Comprehensive Plan, and provided that the total residential density does not exceed 8 units per acre.   No front yard adjacent to a major arterial may be reduced below 150 feet from the centerline of the right-of-way, unless a lesser setback is already established by existing buildings adjacent to the proposed development along the arterial, in which case the setback may be reduced to no less than the minimum setback established by the existing building.

 

c.         All development shall meet the following design standards:

 

(1)        Buildings shall face the street, with primary entrances facing the street.

(2)        A minimum 14 feet of streetscape width shall be provided along all streets, to include a minimum 6 foot clear sidewalk and street trees no less than 30 feet on center.

(3)        Parking shall be located primarily to the rear or side of buildings. 

 

d.         In addition to the 10% minimum landscaped green space required by Section 3-409 for the C-1 zone, development incorporating 10 or more residential units shall provide a minimum of 2,000 square feet of consolidated, usable open space, with a minimum dimension of 30 feet in any direction.  The consolidated open space shall be designed as an integral part of the development and shall be accessible to all residents by internal pedestrian sidewalks or walkways.   An additional 200 square feet of consolidated, usable open space shall be provided for each unit over 10.     The amount of consolidated, usable open space required may be reduced by the Board upon a finding that 1) sufficient usable open space is already provided in the immediate area or 2) alternative features of the proposed development provide an amenity to residents equivalent or greater than the benefit of consolidated open space.


 

e.         All applications shall include a parking management strategy for assuring that convenient parking is maintained and preserved for residents of the mixed use buildings.  The amount of parking provided for the mixed use buildings may be reduced from the amount required in Article 7 to the extent it is demonstrated to the Board’s satisfaction, through a parking study and a shared parking agreement, that lesser parking is needed because:

 

(1)        parking can be shared between different uses with different peak demands and/or;

(2)        sufficient on-street spaces are available within the development or on portions of street immediately adjacent to the development to satisfy parking requirements.