PUBLIC HEARING REQUEST

Owner/Applicant:                                                       Board Meeting Date:

Michael and Barbara Wintermyer, Owners                    January 21, 2003

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District: Lee                                           PIN(s):

Service District: None                                               6879-30-1974-000

Topic:                                                                                                                                                                         

A Resolution to Approve Special Exception #SE03-L-17 – Category 26: Reduction in Non-Common Open Space, Pin # 6879-30-1974-000, Lee District , Michael and Barbara Wintermyer, Owners and Applicants

Topic Description:

As shown in the table below, the applicant is requesting an approximately eleven percent reduction in the eight-five percent non-common open space required with the subdivision of a property in the RA zoning district. The eighty-five percent rule applies to properties 30 acres or greater in size.           

Wintermyer Open Space Reduction

Total

Required

Proposed

Acreage

Percentage

Acreage

Open Space

Open Space

Variance

Variance

 

 

 

 

 

46.673

39.672

35.260

4.412

11%

In order to obtain the requested reduction, the applicant agrees to limit the subdivision of the property to a single administrative division, foregoing the remaining two by-right divisions that the property’s acreage and road frontage allow under Section 2-308 of the Zoning Ordinance.

Land Area, Location and Zoning:                                                    

The property consists of 46.673 acres zoned RA (Rural Agricultural). It is located on the west side of Cemetery Road (Route 658) approximately one-third of a mile north of its intersection with O’Keefe Road (Route 786). This location is approximately 1.7 miles west of Route 29.

Neighboring Zoning/Land Use:

RA zoning surrounds the subject property. The adjacent area is characterized by predominantly open farmland with some large lot residential use.

Action Requested of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached resolution.

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below.

Requirements of the Zoning Ordinance

Section 2-406 of the Zoning Ordinance provides that in the RA and RC Zoning Districts 85 percent of the gross site area shall be retained in non-common open space, unless a Special Exception satisfying the standards of Section 5-2600 is approved.

Section 5-2600 further provides that, for lots of 30 acres or greater in the RA and RC zoning district, a reduction of the eighty-five percent open space requirement may be approved by the Board of Supervisors if it finds that a lesser amount would accomplish the purposes of the Ordinance. In summary, the Ordinance stipulates that the resulting development will not result in the unnecessary loss or degradation of natural resources, including prime agricultural and forestal lands; environmentally sensitive areas such as floodplains, steep slopes, rock outcrops and seasonally wet areas; predominant or unusual geologic features such as mountain peaks, caverns, gorges; areas critical to the existence of important types of flora and/or fauna.

Soils/Environmental

The County Soil Scientist commented that the predominant soil map unit is 75B, Casanova loam.  It is a very deep, well-drained, clayey soil on gently sloping broad summits.  It is rated marginal for development using conventional septic tank and drainfields because it may perc slowly, but it will probably be suitable for drainfields and home construction.  The Soil Scientist also commented that the proposed reserve drainfield is some distance from the proposed main drainfield and questioned whether there was enough area for the reserve next to the main drainfield.

There is an existing pond on the property that will be split by the proposed subdivision line. Deed restrictions should be recorded on one or both of the lots formed by the division to assure continued maintenance of this pond.

Transportation

VDOT reviewed this request but did not comment.  

Summary and Staff Recommendation:

The acreage and road frontage of the applicant’s property will allow the by-right development of four residential lots. However, the location of an existing residential structure makes creating such a division, while still retaining the required eighty-five percent open space, problematic. Although physically possible, the resulting division would produce an odd geometry and cluttered appearance that would be aesthetically undesirable in this area. In order to obtain a clean, orderly division, the applicant is willing to forego two of the four by-right divisions in order to obtain the necessary reduction in required open space. Staff believes that, because it would produce a spacing of residential development more consistent with that on neighboring properties, the proposed division will effectively preserve more open space and will be more harmonious with adjacent land use than a by-right division that meets the eighty-five percent open space requirement.

Planning Commission Recommendation:

The Planning Commission conducted a public hearing on SE03-L-17 at its scheduled meeting on December 19, 2002 . Following this hearing, the Planning Commission voted to forward this application to the Board of Supervisors with a recommendation of approval, subject to the following conditions:

Concurrent with the County’s approval of the proposed administrative division, the applicant shall:

1.      Record a Deed of Easement designating the ± 35.26 acre remainder as non-common open space;

2.      Record an easement restricting the newly created ±10.97 acre lot from any further subdivision; and

3.      Record a deed restriction on one or both of the lots formed by the division to assure continued maintenance of the existing pond.

Attachments:

1.      Wintermyer Special Exception Plat

RESOLUTION

A RESOLUTION TO APPROVE SPECIAL EXCEPTION # SE 03-L-17 – CATEGORY 26: REDUCTION IN NON-COMMON OPEN SPACE, PIN #: 6879-30-1974-000, LEE DISTRICT , MICHAEL AND BARBARA WINTERMYER, OWNERS AND APPLICANTS

            WHEREAS, the owner of the property, identified by PIN # 6879-30-1974-000, has requested a Category 26 Special Exception to reduce the required Non-Common Open Space in an Rural Agricultural (RA) zone; and

WHEREAS, the requested Special Exception is preparatory to a single administrative division of this property; and

WHEREAS, the property owners agree to no further division of either parcel created by the proposed single administrative division; and       

            WHEREAS, at its meeting on December 19, 2002 , the Planning Commission voted unanimously to forward Special Exception # SE03-L-17 to the Board of Supervisors, with a recommendation of conditioned approval; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 21st day of January 2003, That Special Exception # SE03-L-17, Michael and Barbara Wintermyer, Applicants be, and is hereby, approved, subject to the following conditions:

Concurrent with the County’s approval of the proposed administrative division, the applicant shall:

1.      Record a Deed of Easement designating the ± 35.26 acre remainder as non-common open space;

2.      Record an easement restricting the newly created ±10.97 acre lot from any further subdivision; and

3.      Record a deed restriction on one or both of the lots formed by the division to assure continued maintenance of the existing pond.