ORDINANCE

AN ORDINANCE APPROVING AMENDMENTS TO SECTION 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

             WHEREAS, the Fauquier County Zoning Ordinance permits owners, contract purchasers or agents of land to file text amendments with the Zoning Administrator; and

WHEREAS, an owner of land has filed several proposed text amendments regarding Village substandard subdivisions; and

WHEREAS, the amendment package would add standards for cluster developments in the Village Zoning District; and

WHEREAS, the amendment package also would add Section 10-206 (Village Substandard Subdivisions) 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; and

WHEREAS, the amendments would not increase the permitted density in the Village Zoning District, nor do 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 re-subdivided; and

WHEREAS, the amendment to Section 7-301.3 refers to the types of permitted private streets for re-subdivisions of Village substandard subdivisions; and

WHEREAS, on January 23, 2003 , the Fauquier County Planning Commission held a public hearing; and

WHEREAS, the Planning Commission added several refinements to the proposal filed by the applicant; and

WHEREAS, on February 18, 2003 , the Fauquier County Board of Supervisors held a public hearing; and

WHEREAS, the adoption of these text amendments would be in keeping with the spirit of the Zoning Ordinance and in the best interest of the citizens of Fauquier County ; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 18th day of February 2003, That Sections 3-402, 3-403, and 3-405 of the Fauquier County Zoning Ordinance be , and are hereby, amended to add standards for cluster developments in the Village Zoning District; and, be it

ORDAINED FURTHER, That Section 7-301.3 (Private Streets, Applicability) be, and is hereby, amended; and, be it

ORDAINED FINALLY, That Section 10-206 (Village Substandard Subdivisions) be, and is hereby, added to the Zoning Ordinance.  The sections shall be amended to read as follows:

10-206             Village Substandard Subdivisions

Notwithstanding the provisions of 201 through 205 above, in the Village Zoning Districts, lots of a substandard subdivision or subdivisions which were of record prior to May 9, 1968 that are contiguous, and conventional may be re-subdivided as a cluster subdivision provided that:

1.                                                                                          The number of lots after re-subdivision is not greater than (i) the number of existing substandard lots to be re-subdivided or (ii) the number of existing residential dwelling units located on such lots, whichever is greater;

2.                                                                                          The re-subdivision contains a minimum of 25% of total area in open space, which may be satisfied with common open space, non-common open space or a combination of common and non-common open space platted and dedicated as one or more lots.  Notwithstanding the provisions of Section 3-408, the Board of Supervisors may modify the open space requirement to allow a reduction to 25 percent open space in conjunction with the re-subdivision plat approval, provided the applicant can show that the lot layout and street connections improve the overall development design, drainage, site access, preservation of historic structures or features, or integration with the historic character of the village.

3.                                                                                          If private streets are to serve the re-subdivision, Type II private street standards shall apply;  

4.                                                                                          Public or private streets shall have a minimum right-of-way forty (40) feet in width.

5.                                                                                          The lots shall be served by sewer service 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 accordance with the requirements of Section 5-3000 of this Ordinance;

6.                                                                                          The re-subdivision shall be in accordance with Subdivision Ordinance Section 4-12.  

 

7-301   Applicability

Except as qualified in the Subdivision Ordinance, Type I and Type II private streets are permitted in the Commercial and Industrial zones.  Private streets are prohibited for residential subdivisions except under the following circumstances:

1.                                                                              Type I, II and III private streets are permitted in the RA, RC and residential zones for administrative subdivisions approved in accordance with paragraph 3-2 of the Subdivision Ordinance and divisions under paragraph 2-39 of the Subdivision Ordinance (i.e. family transfer and large lot divisions).

2.                                                                              Private streets are prohibited for all other subdivisions in RA, RC and residential zones unless a special exception is obtained in accordance with the requirements of section 5-2800 or 5-2900 of this Ordinance.

Re-subdivision of substandard subdivisions in accordance with 10-205 or 10-206.  See 10-205.3 and 10-206.3 for types of permitted private streets.