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Section 13-202. B (3) of the Zoning Ordinance permits
owners, contract purchasers or agents of land to file text
amendments with the Zoning Administrator.
The applicant has filed several proposed text amendments
regarding Village substandard subdivisions.
The applicant wishes to add standards for cluster
developments in the Village Zoning District.
The current bulk regulations require 50 percent open space
for clustered developments in the Village Zoning District, but no
other standards exist in Section 3-400 for such subdivisions.
The applicant proposes a minimum lot size of 10,000
square feet for Village clustered lots.
For conventional Village development, the minimum lot size
is 30,000 square feet. The
application also would provide a 70-foot minimum lot width and
required side and rear yards (setbacks) of 10 feet.
The standards for conventional development call for a
90-foot width and a 15-foot required side and rear yard.
The required front yard would remain 50 feet for
conventional and clustered development.
Section 10-206
(Village Substandard Subdivisions) would be added to the Ordinance
to establish a maximum number of lots, permit the Board of
Supervisors to modify the required open space to 25 percent in the
case of substandard subdivisions in the Village Zoning District,
set forth the types of private streets required and establish a
minimum right-of-way of 40 feet. The text amendments would not
increase the permitted density in the Village Zoning District, nor
would they permit the creation of more than the existing number of
lots or more than the existing number of dwelling units, whichever
is greater, if a Village substandard division is resubdivided.
The exact wording for this section is found in Attachment
1.
The proposed
amendment to Section 7-301.3 refers to the types of permitted
private streets for resubdivisions of Village substandard
subdivisions.
Few village
subdivisions would be eligible for resubdivision under the
proposed guidelines.
Planning Commission Review and Recommendation:
The Planning
Commission added several refinements to the proposal filed by the
applicant. One
provision would require the substandard subdivision to have been
of record prior to May 9, 1968, which is the date cited in Article
10 (Nonconformities) as one of the criteria to establish a
nonconforming use.
The Commission
also added a requirement that the newly resubdivided lots be
served by central sewer provided by the Fauquier County Water and
Sanitation Authority, Town of
Warrenton
, Town of
Remington
or the Vint Hill Economic Development Authority, unless a special
exception is obtained in accord with Section 5-3000 (Standards for
Waiving Requirement for Public Sewer) of the Zoning Ordinance.
The
applicant’s original submission had stated a minimum of 25
percent open space would be required for a resubdivided
substandard subdivision in the Village Zoning District.
The Planning Commission felt the Board of Supervisors
should be able to examine any resubdivision application to
determine whether reduction in open space from the required 50
percent is warranted. The
Board could modify the open space requirement to as little as 25
percent if the project enhances the overall design, site access,
drainage and preservation of historic structures.
The applicant
also had proposed any resubdivided substandard subdivision in the
Village Zoning District could be served by a Type III street if
less than 25 lots were involved.
A Type II street
would be necessary for 25 or more lots, in the applicant’s
submission. No design
standards exist for Type III streets, so the travel way could be
only a dirt path. Type
II construction would require an improved surface.
The Subdivision Ordinance may require a road constructed
and paved to Virginia Department of Transportation specifications
unless a waiver is obtained in accord with Section 5-2900
(Standards for Waiving Public Streets) of the Zoning Ordinance.
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