WORK SESSION AGENDA REQUEST

Sponsor:

 Board of Supervisors Meeting Date:

William G. Downey, Scott District Supervisor

February 2, 2006

Staff Lead:

Department:

W. Todd Benson, Assistant Zoning Administrator

Community Development

Topic:

A Work Session to Review Proposed Zoning Ordinance Text Amendment to Section 2-310.5 to Prohibit Future Boundary Line Adjustments to Lots Created Through Certain Family or Administrative Divisions 

Topic Description:

Section 2-310.5 of the Fauquier County Zoning Ordinance allows large lot divisions to be taken from a parcel where a family division or administrative division of 5 acres or less has previously occurred.  The proposed text amendment would prohibit this exception unless the smaller parcel is deed restricted to prohibit subsequent boundary line adjustments to it.

During the work session, staff will present various possible scenarios under this proposed amendment. 

Requested Action of the Board of Supervisors:

Conduct a work session.

Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report:

The purpose of this amendment is to help foster retention of large lots suitable for agricultural purposes. This proposed amendment was initiated by the Planning Commission on October 27, 2005 and recommended for approval by a 4 – 1 vote on December 7, 2005. On January 12, 2006, the Board of Supervisors voted to defer action on the proposed amendment pending a work session on February 2, 2006.

The Planning Commission was supportive of the amendment but had a detailed discussion about whether the Board of Supervisors should be encouraged to grandfather preliminary plats, boundary adjustments, or administrative division plats accepted for processing but not finalized at the time of ordinance adoption.  The motion to recommend approval was silent on grandfathering.  During the discussion on the motion, several planning commissioners stated that grandfathering was within the province of the Board of Supervisors.  No recommendation was made, however, setting forth the Planning Commission’s position.

For qualifying parcels 100 acres of larger in size, the property owner has choices regarding the subdivision alternatives available.  One is to subdivide per the requirements of the sliding scale provisions in Section 2-308 of the Zoning Ordinance and other associated elements, while another is to subdivide under the provisions of Section 2-310 (Large Lot Development Option in the RA and RC Zones).  Staff will be available to respond to questions regarding the difference between the existing and proposed refinement to the Large Lot Development Option in RA and RC zones for differing situations.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Economic Development

Attachments: 

1. Proposed Text Amendment
2. Proposed Alternative Text Amendment