Board of Supervisors Meeting Date:


Robert M. and Claudia S. Young


July 13, 2006


Staff Lead:


Melissa Dargis, Assistant Chief of Planning


Community Development


Magisterial District:






A Resolution to Approve SPEX06-SC-023: A Category 26 Special Exception to Allow for a Decrease in the Non-Common Open Space Requirement


Topic Description: 

The applicants wish to obtain Special Exception approval under Category 26, which would allow for a decrease in the non-common open space requirement.  If approved, this Special Exception would allow for a boundary line adjustment to an adjacent parcel.  

Project Background:

This proposal would allow for one non-common open space lot of 34.307 acres and a boundary line adjustment of 53.383 acres to PIN 6081-25-0645-000.  The property does have the subdivision potential for division of up to four (4) lots, with two (2) administrative divisions.  This application is required since the applicants have requested to transfer the bulk of their parcel to the adjacent neighbor and go below the 85% open space requirement on it’s the residue parcel.

The parcel currently is 87.690 acres.  Its 85% non-common open space requirement would be 81.758 acres.  The non-common open space reduction proposes reducing that amount to 34.307 acres, pursuant to Section 3-326 and the standards set forth in Section 5-206 of the Zoning Ordinance.

It should be noted that, in general, non-common open space parcels (residue lots) are deed restricted from further subdivision.  However, it could support a family dwelling unit, if Zoning Ordinance requirements are met, along with the existing house on the site. 

The proposed reduction is allowed by the standards in Zoning Ordinance Section 5-2601 upon a determination that: “the required amount is not necessary in order to protect the scenic, natural or historic resources contained on the site, in which case the open space may be reduced to that amount necessary.”

The applicants’ parcel and the adjacent parcel proposed to receive the acreage via the boundary line adjustment are both located in the Middleburg/Marshall Agricultural and Forestal District until June 30, 2014.  While properties are within Agricultural and Forestal District, boundary line adjustments between adjoining parcels, family transfers and large lot divisions are permitted.


Land Area, Location and Zoning:    

The property is located on the south side of Young Road (Route 708) at 7055 Young Road.  It is zoned Rural Agricultural (RA).  There is a small portion of 100-year floodplain in the southwest corner of the property. 



Neighboring Zoning/Land Use:

The property is currently zoned RA (Rural Agricultural) and is bound on all sides by RA zoned land.  In addition, the majority of the surrounding parcels are also located in the Middleburg/Marshall Agriculture and Forestal District.  Consistent with the RA zoning category, this property is located in a district where agriculture and forestry are the predominant uses.


Action Requested of the Board of Supervisors:

Hold a public hearing and consider adoption of the attached resolution.


Planning Commission Recommendation:

On June 29, 2006 the Planning Commission voted unanimously to forward this item to the Board of Supervisors with a recommendation of approval, subject to a series of Special Exception Conditions.


Staff Analysis:

Summary and Recommendations:

Staff recommends that the Board of Supervisors consider the Planning Commission’s unanimous recommendation of approval for SPEX06-SC-023.


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

Fauquier County Department of Community Development



  1. Statement of Justification
  2. Special Exception Plat

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