A Zoning Ordinance Text Amendment to SectionS 4-104 AND 4-106 of the Planned Residential Development District (PRD) Regarding Use Limitations  

WHEREAS, on December 7, 2005, the Planning Commission initiated this text amendment; and

WHEREAS, on March 30, 2006, the Planning Commission held  its final public hearing on the revisions, and unanimously forwarded the proposed text amendment to the Board of Supervisors recommending its adoption; and  

WHEREAS, on April 13, 2006, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 13th day of April 2006, That Sections 4-104 and 4-106 of the Fauquier County Zoning Ordinance be, and are hereby, amended, including the Urban Cottages definition reference (Section 15-300), as follows:

Article 4:  Special and Overlay District Regulations

Part 1              4-100               Special Development-Planned Residential District

4-104               Secondary Uses Permitted

(u)  Residential dwelling units co-located with Commercial/Office uses.  When Section 4-106 (h) is utilized as part of a rezoning application, then the special exception requirements of Section 3-301.1.d do not apply.

4-106               Use Limitations

Unless otherwise specified in this article or modified pursuant to Section 4-112 below, all uses shall conform to the general and specific use limitations and performance standards  of Article 6 (Accessory Uses, Accessory Service Uses and Home Occupations); Article 7 (off-Street Parking and Loading, Private Streets); Article 8 (Signs); and Article 9 (Performance Standards) of this Ordinance.  Specific use limitations relating to the PRD are:

(a)    Commercial uses within the PRD shall be designed to serve primarily the needs of the residents of the proposed community and nearby areas and such uses, including offices and retail, shall be located and designed to protect the primary residential character of the PRD.

(b)   A maximum of 100 square feet of commercial uses shall be permitted for each dwelling unit;

(c)    The maximum land area utilized for commercial shall not exceed 10 percent of the total land area of the PRD.

(d)   Secondary uses of a commercial and office nature shall be permitted only in a PRD which has a minimum of 50 residential dwelling units.

(e)    Service stations shall be located only in commercial areas where there are at least three other uses that are not related to the sale of automobiles, equipment or auto-related services.  In addition, there shall be no vehicles or tool rental; no outside storage or display of goods offered for sale.

(f)     Urban cottages shall be accessory to a single family detached principal dwelling unit and subject to the following restrictions and conditions:

1)      Only one urban cottage shall be allowed per lot.  Said lot shall have a minimum size of 7,500 square feet.  Urban cottages shall be limited to 20% of the total dwellings in the PRD.  The Concept Development Plan shall show residential bays where urban cottages may be permitted.

2)      The maximum gross floor area shall be 1,200 square feet.

3)      The maximum height shall be 30 feet.

4)      One additional parking space shall be required for an urban cottage.

5)      Urban cottages shall require a site plan submitted and approved pursuant to Section 12 of this Ordinance prior to construction.  Lots that are to contain urban cottages shall be designated on the approved final plat.

(g)    Residential dwelling units, when located in the same building as commercial/office uses, shall be located on levels above street level at a density not to exceed one dwelling unit per 1,000 feet of gross floor area devoted to commercial/office uses.

(h)    In areas identified and intended as a hub component in the adopted Service District Plans with medium or higher residential densities, institutional/office, mixed use, town center, then C-1 (Commercial Neighborhood) use and use limitation requirements may be substituted in lieu of 4-106 (b), (c), (d) and (g) with justification.

1)      The Applicant shall be required as part of that justification for the Concept Development Plan (CDP) to demonstrate and explain how the:

a)      commercial neighborhood location as proposed is consistent with the associated Service Districtís adopted land use plan, as well as recommended development scale requirements, guidelines and other associated provisions of the Comprehensive Plan for that specific site;

b)      proposed commercial buildings planned in scale, bulk and mass shall be similar to and compatible with the adjoining planned or existing neighborhoods within the Service District; and the 

c)      ratio of commercial to residential uses is consistent with the Service Districtís land use plan for the specified location.

2)      Future parcel additions rezoned to an approved district as described in 4-102 (Size and Location) and appropriately designated within the Comprehensive Plan, will be subject to this Sectionís provisions.

Part 3              15-300             Definitions

Urban Cottages:  An accessory dwelling unit which is a secondary dwelling established in conjunction with, clearly, subordinate and secondary to, and located on the same lot or parcel as a single family detached unit.  Such a unit shall be allowed only in the Planned Residential District and only in accordance with the provisions of Section 4-106(g) 4-106(f).

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