AGENDA REQUEST

Owner/Applicant:                                                       Board Meeting Date:

Michael and Barbara Wintermyer, Owners                    February 18, 2003

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District: Lee                                           PIN(s):

Service District: None                                               6879-30-1974-000

Topic:   Special Exception, SE03-L-17, Category 26, Request For A Reduction In Required Non-Common Open Space

Topic Description:

As shown in the table below, the applicant is requesting an approximately eleven percent (11%) reduction in the eight-five percent (85%) non-common open space required with the subdivision of a property in the RA zoning district. The eighty-five percent (85%) rule applies to properties 30 acres or greater in size.

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.  

Staff Report Update:

This rezoning request was the subject of a Board of Supervisors Public Hearing at the January 21, 2003 meeting. At that meeting, the Board deferred action, pending further discussion between the applicant and the Lee District Supervisor. This discussion has now taken place and the application is now ready for Board consideration.

Planning Commission Recommendation:

The Planning Commission conducted a public hearing on SE03-L-17 at its meeting on December 19, 2002 . The Planning Commission then 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 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.