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No financial impact analysis has been conducted.
Summary Staff
Report:
One of the stated goals of the
Fauquier County Comprehensive Plan is to “protect critical
environmental resources and to maintain renewable natural
resources so that they are not degraded but remain viable
for future generations.” As identified in Chapter 2 of the
Plan, Physical Characteristics & Natural and Historic
Resources, floodplains and steep slopes are two such
valuable resources. Floodplains provide a critical
interface between land and water, in many cases serving as
groundwater recharge areas, and sensitive ecological areas
providing the source of food and habitat for stream
organisms and larger species. Furthermore, because of their
ability to hold water and reduce run-off, many floodplains
help to mitigate flooding. Steep slopes are identified as a
valuable resource feature because of their sensitivity to
development, susceptibility to erosion, and impact on
stormwater run-off. This proposed text amendment proposes
one measure intended to enhance the protection of floodplain
areas and steep slopes, establishing a prohibition on the
creation of any new building lots containing floodplain
and/or steep slope areas in subdivisions for which common
open space is required.
In recognition of the value of steep slopes and floodplain,
existing Zoning Ordinance regulations limit the development
of these areas in subdivisions requiring non-common open
space (RA and RC divisions). In such development, steep
slopes and floodplain are required to be placed on the
non-common open space parcel rather than on house lots.
Additionally, in non-rural cluster subdivisions, all
floodplain is required to be placed within the required
common open space area. This proposed text amendment
extends these practices by requiring both floodplain and
steep slopes to be placed in common open space in both
cluster and conventional subdivisions requiring open space.
The table below summarizes the changes:
|
Type of Subdivision |
Floodplain required to
be placed within open space? |
Steep slopes required
to be placed within open space? |
|
RA/RC Cluster
Divisions |
Existing Requirement |
Existing Requirement |
|
R Zones Cluster
Development |
Existing Requirement |
New Requirement |
|
R Zones Conventional
Development |
New Requirement |
New Requirement |
R Zones= RR-2, R-1, R-2, R-3,
R-4, V
Under the existing
provisions for cluster developments, the Planning Commission
may grant a waiver allowing some of the floodplain to be
placed on individual lots upon a finding that 1) the lot
contains a minimum of 75 percent of the minimum lot area for
the zoning district and 2) the floodplain has no particular
open space value. This waiver provision has been
eliminated. However, at the request of the Planning
Commission, a waiver provision has been provided for steep
slopes in cases where an applicant is able to sufficiently
mitigate impact on such slopes and contiguous floodplains
and wetlands. As proposed, the waiver is granted by the
Planning Commission upon a finding that the applicant has
demonstrated specific measures for controlling steep slope
run-off and soil erosion.
The Planning Commission initiated this proposed text
amendment on September 25, 2008, and held work sessions on
the issue on September 10, 2008 and September 25, 2008. The
Planning Commission held public hearings on the text
amendment on October 30, 2008 and December 10, 2008. A
final public hearing was held on January 29, 2009, at which
time the Planning Commission unanimously recommended
approval of the text amendment as set forth in the attached
resolution.
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