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At issue is
a reduction of density - a cessation in the transfer of
density credits from unbuildable floodplains to adjacent
land. For many years, the Fauquier County Zoning Ordinance
has prohibited development in floodplains and further
required homes to be set back 25 feet from the floodplain
boundary. In all but the RA and RC zones, the County also
has allowed a developer a 50% density credit transferable to
his non-floodplain lands. At issue, is the 50% credit. The
proposed text amendment would eliminate the transferred
density credit in all residential zoning districts.
It is important to note that this Ordinance has no impact on
allowed uses of land and this Ordinance will not affect a
lot which is otherwise buildable today; buildable lots are
grandfathered by § 2-403. Thus, for example, if the
Carberrys (who spoke at the last public hearing) have 32
buildable lots platted, this amendment will not affect them.
Authority
for this action is found in the Virginia Code which allows
localities to regulate density and protect water quality and
further mandates that localities draw their Ordinances with
an eye toward preventing loss of life and property due to
floods.
On August
26, 2004, the Planning Commission voted to initiate the text
amendment and schedule a public hearing. On December 8,
2004, the Planning Commission held a public hearing on the
proposed text amendment and unanimously voted to forward the
text amendment to the Board of Supervisors with the
recommendation that it be adopted. On January 13, 2005, the
Board of Supervisors held a public hearing. With few
exceptions, there was wide public support for the proposal.
Nevertheless, the Board remanded this matter to the Planning
Commission for more investigation and community planning.
On January 27, 2005, the Planning Commission again initiated
a text amendment process and scheduled the public hearing
for March 31, 2005. Again, the Planning Commission
forwarded it to the Board of Supervisors with a unanimous
vote for adoption. The Board of Supervisors held a public
hearing on May 12, 2005. The public hearing was closed but
no action has been taken.
Various
issues have been raised and considered during the many
months that this proposal has been under consideration.
Most recently, the issue was raised about the impact of the
proposed ordinance on the sale of or tax benefits derived
from conservation easements. There is no question that the
ordinance will have an effect of the paper value of land
since potential lots from the floodplain will be lost.
However, the proposed ordinance only affects floodplain
density in residential districts. Traditionally, this is
not where easements are established.
For
purposes of discussion, maps of various floodplain
properties are attached to this report.
The staff
notes that a grandfather provision has been inserted as
follows: “[T]his Ordinance shall not apply to: 1) unexpired
preliminary plats which were approved prior to the adoption
of this Ordinance; 2) previously approved rezonings for
which a specific density was proffered; 3) pending
preliminary plat applications; and, 4) property which, on
the date of approval of this Ordinance, is the subject of a
pending request to the Zoning Administrator to determine the
credit afforded by floodplain.”
Staff is
unclear to what the fourth clause refers. At present, there
is not a process for processing “request to the Zoning
Administrator to determine the credit afforded by
floodplain.” Floodplain credit and non-buildable areas are
considered during site plan review; a process covered by the
third grandfather clause. Nor does staff make such
determinations when responding to requests for subdivision
potential. When subdivision potentials are done, staff does
not take deductions for steep slopes or water bodies or
roads or the 50% for floodplains today. Staff opines on the
maximum potential lots without these deductions, and tells
people this number may be reduced by the required
deductions. Staff envisions no change in the way it does
subdivision potential analysis after this ordinance is
adopted. Someone today with 5 acres of R-1 zoned land, with
50% of their lot in floodplain, would be told that the
maximum potential density is 4 lots, but that this number
may be reduced by a number of factors, including whether
there is floodplain on the property. Someone after the
ordinance change asking the same question would get the same
answer.
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