PUBLIC HEARING REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

Eleanor J. Butler and Nicholas F. & Michele A.  Glowicki (Owners/Applicants)

 

June 9, 2005

Staff Lead:

Department:

 

Frederick P.D. Carr, Director

Community Development

 

Magisterial District:  Scott

 

PIN:

Service District:  New Baltimore

 7905-86-7609-000

7905-86-7871-000

Topic:

 

An Ordinance to Approve REZN05-SC-011:  Rezoning of Broken Hills Estates, Section 5 Lots 2 & 3 from R-2 to R-1

 

Topic Description:

 

On August 18, 2003, the Fauquier County Board of Supervisors approved a request to rezone these two 1.0-acre parcels from Residential-1 (R-1) to Residential-2 (R-2) to allow the applicants to legally establish what for years has been perceived as two existing subdivision lots.  The Final Plat has been approved and recorded by Fauquier County.  The applicants have filed a Rezoning request to down zone the parcels back to R-1, pursuant to the proffered conditions of rezoning REZN03-SC-015.

 

The subject properties have a lengthy legal history, beginning with their origin as two of the four parcels created in the 1968 subdivision of Broken Hills Section 5.  The abridged version of this story focuses on the improper creation of an unusable remnant lot at the time of subdivision.  The existence of this improper remnant lot prompted a finding by the Circuit Court that Broken Hills Section 5 was not a legally platted subdivision.

 

This proposed down zoning is the final proffered step to provide both applicants legal lots of record.  To facilitate the down zoning, the Fauquier County Board of Supervisors has waived the application fee for this Rezoning request.

 

Zoning/Acreage/Land Use:

 

The parcels are approximately 2.0 acres zoned Residential-2 (R-2). All adjacent properties are zoned Residential-1 (R-1) with some Planned Residential Development zoned property nearby.

 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

 

Planning Commission Action:

 

On April 26, 2005, the Planning Commission held a public hearing and recommended approval of REZN05-SC-011.

 

Location:

 

As depicted on the location map, the parcel is on the northwest side of State Route 676 (Riley Road) south of its intersection with Lakeview Drive in Scott Magisterial District. 

Location Map

 

 

 

Staff Analysis:

 

Staff has reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Staff has also reviewed all other documents relating to this application.  In addition, staff has also discussed these documents and related issues with the County Attorney.  Based on this review, staff concludes that the proposed action is essentially the final step in the process for a technical correction of a long-standing problem; it will change neither the use nor the subdivision potential of the properties in question.  There are no other significant staff findings.

 

Pursuant to the proffered conditions of the rezoning approved in August 2003, the proposed action changes the zoning classification of the subject properties back to their R-1 classification.  Accordingly, staff recommends that the Board of Supervisors approve REZN05-SC-011.

 

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

 

1.      Geographic Information Systems (G.I.S.)

2.      Commissioner of the Revenue

 

Attachments:

 

  1. Rezoning Exhibit