AGENDA REQUEST

Sponsor:

 Meeting Date:

Harry Atherton, Marshall District Supervisor

May 20, 2002

Staff Lead:

Department:

Community Development

Topic:  A Resolution Referring to the Planning Commission a Proposed Revision of Section 3-2(A) of the Fauquier County Subdivision Ordinance

Background

The proposed change would reduce the number of administrative cuts from three to one, along with the remaining residue lot.  Such a change applies to all Zoning Ordinance district categories.  Any further subdivision would require a preliminary subdivision, large lot (50 acres or greater), or a family division.  The proposed revision is detailed in the Requested Action and Analysis sections below.

Requested Action of the Board of Supervisors:

It is recommended that the Board of Supervisors transmit the following Subdivision Ordinance text amendment to the Planning Commission for public hearing and recommendation:

3-2    Administrative Subdivisions.

A)   The agent may approve subdivisions of up to three (3)  one (1) lots , plus a residue, provided that:

1)      No bonding is required.

2)   The three two lots are cumulative for each parcel of record as of May 9,  1968.

3)   All necessary requirements of this Ordinance and other County Ordinances are  met.

4)   The lot drainfield certification plat is approved by the Fauquier County Health      Department.

5)      The highway entrance is approved by the Virginia Department of Transportation.

6)      The right-of-way for Type III private streets providing access and frontage to administrative subdivision lots shall not exceed 1,000 feet in length, exclusive of the turnaround. The Agent may modify this limitation to allow a right-of-way length of up to 5,000 feet upon the submission of a formal modification application containing sufficient justification to allow the Agent to find that the proposed modification is warranted based upon a determination by the Agent that: 1) properties through which the right-of-way will pass will not be unreasonably affected; 2) no alternative for providing access is realistically feasible, and 3) without the modification the 1,000 foot limitation places an unreasonable restriction on the use of the property. (Amended by the Board of Supervisors on September 19, 1996.) 

Analysis:

Administrative subdivisions have been permitted since 1968 with the enactment of the Subdivision Ordinance.  The Zoning Ordinance’s sliding scale provisions for RA and RC Districts went into affect in 1986.  At that time, it was established that the May 9, 1968 enactment date of the Subdivision Ordinance was the key date for identifying the number of administrative cuts available for any designated parcel of record in Fauquier County.   In addition, the residential density for RA and RC parcels is based on the parent parcel of record’s size as of May 21, 1981.

The change still permits administrative subdivision cuts, but it restricts that division to one if none have been completed since the referenced 1968 date.  Note that the current provision allows three lots, which includes the residue; therefore this revision reduces the administrative division by one lot.  However, the administrative practice has been that when the residue parcel is over fifty (50) acres, it does not count as one of the three administrative divisions.

This change is essential since it will limit the number of administrative divisions which are not subject to stormwater management and other engineering requirements, and do not require public streets in rural areas. 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

 Department of Community Development

VDOT

Property Owners