Board of Supervisors Meeting Date: 

Mildred Fletcher, Trustee (Owner);

Keith Fletcher (Applicant)

February 18, 2003

Staff Lead:


Carolyn Bowen, Zoning Administrator

Community Development


Amendments to Sections 3-402, 3-403, 3-405 and 7-301.3 and the Addition of Section 10-206 Regarding Village Substandard Subdivisions to the Zoning Ordinance


Topic Description:

 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.


Requested Action of the Board of Supervisors: 

Hold a public hearing and consider the proposed text amendments.  


Financial Impacts Analysis:

No financial impact analysis was conducted for these proposed amendments.

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

Community Development



2.  Ordinance Part 2