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Topic Description:
The
applicant wishes to obtain Special Exception approval under
Category 26, which would allow for a decrease in the
non-common open space requirement. The ±139.12-acre parcel
is zoned Rural Agricultural (RA). Deed research for the
parcel shows that it has the remaining subdivision potential
to be divided into a maximum of six (6) lots. The Fauquier
County Zoning Ordinance regulations state that one of these
6 lots must contain 85% of the total site acreage or 134.34
acres.
The
applicant seeks to create six (6) lots via family transfer.
As proposed, the smaller lots range in size from 4 to 5
acres and the two (2) larger lots would each be
approximately 60 acres in size. In order to create these
lots in the manner requested by the applicant, a Special
Exception for a decrease in non-common open space is
required.
The
original parcel was ±158.05 acres when the 85% rule was
enacted; previous divisions reduced it to its current size
of 139.12 acres. The remaining five (5) lots would then
have to be clustered on the remainder of the 15% of the
property or 4.78 acres which is not feasible. The applicant
has refined the request to now ask for a reduction of
non-common open space to ±60 acres, which is equivalent to
approximately 38% open space.
This
Special Exception application would allow for the decrease
in non-common open space. In order to divide these lots,
either via family transfer or the subdivision process,
further approvals may be required, per the Fauquier County
Zoning and Subdivision Ordinances or other local, state or
federal agencies.
Project
Update:
At the
March 10, 2005 Board of Supervisors meeting, a public
hearing was held on the aforementioned application. The
item was postponed, at the applicant’s request, to allow
time for project refinements and the drafting of Special
Exception conditions.
Project
History:
In an
e-mail statement (dated: January 6, 2005), the applicant
clarifies the request for reduction of non-common open
space. The applicant’s parcel currently has the subdivision
potential or density (five lots plus the residue), but does
not have the acreage available to create those lots. Four
of the five lots to be created would be divided using the
family transfer process. The open space reduction is sought
to allow the applicant to create four new clustered lots
along the back of the property. These lots would be four
(4) to five (5) acres in size. These lots would reduce the
85% open space requirement to approximately 75%. Further,
for the last lot, the applicant seeks to divide the
remaining 120-acre piece in half to create two (2) 60-acre
lots. This division would reduce the non-common open space
to approximately 38%. This further reduction would not be
consistent with the Fauquier County Zoning Ordinance
requirement that the non-common open space be maintained as
one parcel. However, deed restricting all of the lots,
including the final two ±60-acre lots is recommended if the
Board of Supervisors chooses to approve this request.
The
proposal does not include details of how the proposed two
(2) 60-acre lots could be created and meet the Zoning and
Subdivision Ordinance requirements. Neither of them
currently has adequate road frontage to permit the
subdivision of the 120-acre parcel and a Special Exception
waiving the public road requirement would be needed in the
future.
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