RESOLUTION

A RESOLUTION TO INITIATE A ZONING ORDINANCE TEXT AMENDMENT TO AUTHORIZE A SPECIAL EXCEPTION TO PERMIT THE USE OF DENSITY FROM ADJOINING PROPERTIES IN THE RA AND RC ZONES WITHOUT PARCEL CONSOLIDATION

WHEREAS, the Board of Supervisors has reviewed a proposed text amendment that would permit the use of residential density from an adjoining parcel temporarily encumbered by a special exception which precludes residential development, or which is not in common ownership with the adjoining parcel as is currently permitted upon consolidation of adjoining parcels in the RA and RC zones; and

WHEREAS, the Board of Supervisors has determined that the initiation and consideration of the proposed text amendment is appropriate and in the public interest, and is consistent with good zoning practice and public convenience; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 8th of March 2007, That the Board does hereby forward the following proposed text amendment to the Fauquier County Planning Commission for its consideration and recommendation.

PROPOSED TEXT:

5-3200    Standards to Permit the Use by an Adjacent Property of Residential
               Density of a Parcel by Special Exception Without Consolidation of Parcels.
 

The residential density of a parcel located within an RA or RC zone and
which a) is subject to a temporary restriction on residential development
because the property is the subject of a special exception for non- 
residential use or b) is in separate ownership which precludes
consolidation with an adjoining parcel  or c) is in common ownership with
the adjoining parcel  where the owner does not desire to consolidate  the
parcels may be utilized for subdivision on an adjoining RA or RC zoned
property provided that the owner obtains a special exception to permit  
such use and further provided that the following conditions are met:

1.  The property which is subject to the temporary restriction upon
residential development or which is the source of the density shall be
subjected to an easement which precludes residential development of
the subject property in perpetuity.

2.   The residential density shall be utilized on the adjacent parcel
by mutual agreement between the adjoining property owners
upon joint application for the required special exception and upon
imposition of the required permanent easement referred to in
 paragraph 1.

3.   The development of the parcels shall comply with all requirements of
this ordinance, including but not limited to the open space
requirements of Section 2-406 unless the applicant
has obtained a reduction in open space pursuant to Section 5-2600 of
this ordinance; the terms of the easement required by paragraph 1
above may be considered as a factor in determining whether the
requirements of Section 5-2600 are met with respect to the proposed
special exception for reduction in open space. 

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