PUBLIC HEARING AGENDA REQUEST

 Sponsor:

Board of Supervisors Meeting Date: 

Fauquier County Planning Commission

October 21, 2002

 Staff Lead:

Department: 

Carolyn Bowen, Zoning Administrator

Community Development

 Topic: 

An Ordinance Approving an Amendment to Section 13-111.3 of the Fauquier County Zoning Ordinance to Require Applicants to be Responsible for the Placement of the Mandatory Public Hearing Posters on Properties Involved in Land Use Applications Requiring Public Hearing as Required in the Code of Virginia and the Fauquier County Zoning Ordinance

 

Topic Description:

Proposed Amendment

Proposes to substitute the applicant in lieu of County staff for the posting of property subject to public hearings for specific land use categories.

Summary analysis:

At present, the Zoning Ordinance requires the County staff to post properties subject to public hearings scheduled for specific application categories, such as rezoning, special exception, special permit, and variances, as well as appeals.  These cases occur before the Board of Supervisors, the Planning Commission and Board of Zoning Appeals.  The property posting and public notices have specific Zoning Ordinance and Virginia Code requirements and timelines, which must be met.

The actual field posting at the affected case site is time consuming as well as an outdated and inefficient use of staff time.  Two surrounding communities, Loudoun and Prince William Counties, require the applicants to post their properties for applications requiring Planning Commission, Board of Zoning Appeals and Board of Supervisors public hearing and action.  This amendment proposes to substitute the applicant in lieu of County staff for posting the property.  The Department of Community Development will provide the prepared signs with the requisite information regarding the proposed application and its public hearing.  Note that the applicant will be responsible for posting pursuant to the requirements identified in the proposed text amendment included as Attachment 1.  The Department will continue to provide the written public notices to the adjoining property owners regarding the public hearings or action.

If the Board of Supervisors wishes to approve the proposed text amendment, staff recommends the new regulation become effective January 1, 2003 to allow a smooth transition.  That transition will include notifying local attorneys, engineering and consulting firms of the change, plus the creation of instructional pamphlets to aid applicants and their representatives in the proper placement of the posters. 

All recommended revisions are noted in the attached proposed Ordinance as either underlined or strikethrough for ease of reference.  There are also Virginia Code references, which were updated due to legislative actions (i.e., 15.1-431 is now 15.2-2204).

Even though the Department will continue to require its designated project planner to complete site visits to understand any land development application proposal, become familiar with the adjoining properties and road network, this text amendment will save staff time which can be better allocated toward project analysis, coordination and other assignments.

Planning Commission Action:

The Fauquier County Planning Commission held a public hearing on this proposed text amendment on September 26, 2002 and voted to recommend approval.

The Board of Supervisors may want to use this opportunity to change the color for Board public hearing posters to a lighter background.

 

Requested Action of the Board of Supervisors: 

Consider adoption of the attached Ordinance. 

 

Financial Impacts Analysis:

None.

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

Community Development

Applicants for specified land development uses

 Attachment:

1. Ordinance