RESOLUTION

A RESOLUTION TO APPROVE SPEX10-CT-013: A CATEGORY 27 SPECIAL EXCEPTION TO WAIVE THE REQUIREMENT TO PROVIDE 50% COMMON OPEN SPACE WITH THE CREATION OF A CLUSTER SUBDIVISION

WHEREAS, Charlotte M. Heath et al, Owners and Applicants, request Special Exception approval to allow a waiver of the 50% common open space requirement on PIN 7914-20-0908-000; and

WHEREAS, on January 28, 2010, February 25, 2010 and March 25, 2010, the Fauquier County Planning Commission held public hearings on the proposed Special Exception and recommended approval of the Special Exception subject to conditions; and

WHEREAS, on April 8, 2010, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2701; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 8th day of April, 2010, that SPEX10-CT-013 be, and is hereby, approved, subject to the following conditions:

 

  1. The Category 27 Special Exception applies to case number SPEX10-CT-013, to waive the 50% common open space requirement on the parcel having PIN 7914-20-0908-000.
  2. The applicants are permitted to create a maximum of eleven (11) lots on the subject parcel (10 lots and a residue).
  3. The residue parcel shall contain a minimum of fifteen (15) acres, the approximate location of which shall encompass the existing house that fronts on Old Auburn Road.
  4. The residue parcel shall be deed restricted, with the following limitations:

a)      One primary dwelling shall be permitted.

b)      Utilities and roads may only be constructed on the property to serve the property itself.  Utilities and roads to serve other properties may not be constructed.

c)      The residue parcel shall be permitted for residential uses under Zoning Ordinance Sections 3-301 and 3-302 as well as agricultural uses under Zoning Ordinance Section 3-318.

  1. All future lots created on the subject parcel through the Preliminary Plat, Family Transfer and Administrative Division processes shall also be deed restricted from further subdivision.

Back to Agenda...