resolution

A Resolution to affirm the decision of the Planning Commission to deny Chattin’s Run South Subdivision Preliminary Plat PPLT06-MA-022 Pursuant to Zoning Ordinance Section 2-406(6), MARSHALL DISTRICT

            WHEREAS, Flint Hill Farm, LLC, applicant for the Chattin’s Run South Subdivision Preliminary Plat, has proposed to divide one parcel of approximately 186.118 acres into seven (7) single-family residential lots, including a non-common open space lot of 158.7 acres; and

            WHEREAS, Flint Hill Farm, LLC, has shown 158.7 acres as non-common open space as part of the subdivision; and

            WHEREAS, Fauquier County Zoning Ordinance Section 2-406(5)(A) addresses open space requirements for subdivisions in Rural Agricultural and Rural Conservation zoning districts; and

            WHEREAS, Zoning Ordinance Section 2-406(5)(B) further states that the Fauquier County Board of Supervisors shall take into account any scenic and/or historic resources impacted by proposed cluster subdivisions; and

            WHEREAS, Zoning Ordinance Section 2-309(6) authorizes the Planning Commission to determine whether lands qualify as open space; and

            WHEREAS, Code of Virginia Section 15.2-2286(12) provides “that a locality, may, at its option, provide in its zoning or subdivision ordinance standards, conditions and criteria for clustering of single-family dwellings and the preservation of open space developments...the governing body may, at its discretion, include any provisions it determines appropriate to ensure quality development, preservation of open space and compliance with its comprehensive plan and land use ordinances”; and

            WHEREAS, Fauquier County Comprehensive Plan, Chapter 8, states it is the goal of the County to recognize the County’s traditional agricultural and rural character and the need for the preservation of its open space and scenic beauty; and

            WHEREAS, on June 29, 2006, the Planning Commission denied the Preliminary Plat based on reasons provided in the staff report; and

            WHEREAS, pursuant to Zoning Ordinance Section 2-406(6) the applicant is appealing the Planning Commission’s denial of the Preliminary Plat based on the appropriateness of the proposed non-common open space; and           

            WHEREAS, the Fauquier County Board of Supervisors has evaluated and considered all evidence presented; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 10th day of August 2006, That the Board does hereby uphold the decision of the Planning Commission to deny Chattin’s Run South subdivision preliminary plat PPLT06-MA-022 pursuant to Zoning Ordinance Section 2-406(6).

 

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