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The subject
properties have a lengthy legal history, beginning with
their origin as two of 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 prompted a finding by the
County Attorney that Broken Hills Section 5 is not a legally
platted subdivision.
The
applicants’ proposed Preliminary Plat reflects existing
conditions. The proposed two-lot subdivision is located at
7036 and 7030 Riley Road (Route 676) in the New Baltimore
Service District. No changes to the property are proposed
with the subdivision plat. Approval of the Preliminary Plat
will simply confirm the division of lots that were created
in 1968 and have served as residential subdivision lots
since that time.
Requested Action of Board of Supervisors:
Consider
adoption of the attached
resolution. On October 28, 2004, the Planning
Commission voted to approve the Butler/Glowicki Preliminary
Plat, subject to the approved Rezoning application
(RZ03-S-14) with its associated proffers and conditions, and
the waiver of the final construction plan and separate final
plat requirement. A copy of the approval resolution is
included as Attachment 1.
This
Preliminary Plat is subject to the previously approved
rezoning (RZ03-S-14) and its associated proffers and
conditions. In addition, staff requested that the Planning
Commission waive the Subdivision Ordinance requirement for
construction plans and profiles, and permit the Preliminary
Plat to serve as the Final Plat for this property. The
Planning Commission approval did include these waivers.
Once the Preliminary Plat is approved, the applicants will
initiate a downzoning of their property from Residential-2
(R-2) to Residential-1 (R-1), in accordance with the
Rezoning and Proffer statement approved by the Fauquier
County Board of Supervisors on August 18, 2003.
Section 9-7
of the Subdivision Ordinance requires that "…all preliminary
plats approved by the Planning Commission shall be referred
to the Board of Supervisors at its next regularly scheduled
meeting…If the Board takes no action on the preliminary plat
referral, the preliminary plat shall be deemed approved in
accordance with the actions of the Planning Commission."
The Planning Commission staff report is available upon
request. |
