PDR Overlay Example: An undeveloped R-1 zoned, 7 acre parcel within the New Baltimore Service District; designated and recommended as part of the “open space/green edge” and parkland within the adopted Plan.
Through this Conservation Easement Incentive Overlay District process, consideration for the builder’s planned parcel to be developed could be as follows:
A. Property (Perpetual Conservation Easement; Sending Parcel):
R-1: 8 acres
Service District: Non-Sewered Area
Dwelling Unit or Lot Yield (8 acres x 0.9) = 7 lots
B. Development Parcel (Receiving Parcel)
The Builder has located a 28.6 acre parcel within the Service District, with the exception that it is located in a “sewered area” of the Comprehensive Plan.
Special Exception Case Example:
a. By-Right R-1Density: 25 lots or dwellings
b. Actual Cluster Design Yield (Due to site characteristics): 20 lots or dwellings
c. Total SE Yield: Cluster By-Right Yield (20-25), plus bonus (7) = 27-32 Dwelling Units
a. Permitted Density for the Service District Plan: 1 to 3 Dwelling Units/Acre;
b. SE Yield: 0.909- 1.112 Dwelling Units/Acre (identified in 5.c).
a. R-1 Cluster Open Space Requirement for 28.6 Acres Parcel: 14.3 acres.
b. 7 lots through easement (7 x 25,000 square feet/lot) = 175,000 square feet or 4.0+ acres (plus, street extension/infrastructure).
50% Open Space Acreage 622,908 square feet or 14.3 acres
6 Dwelling Lots 175,000 square feet or 4.0 acres 2
Remaining Open Space +447,908 square feet or 10.3 acres
Result: The cluster open space has been reduced from 50% to 35.9%; however, no net gain resulted in density within the Service District or its environs. If the special exception density bonus were Board of Supervisors approved, then:
· The designated “sending” parcel would need to have that its perpetual easement, eliminating further subdivision, recorded; and
· The recordation must occur prior to the approval of the construction plans and final plat for the designated bonus parcel.
An Ordinance Adopting a Text Amendment to the Zoning Ordinance to Create a Purchase of Development Rights Incentive District within Service Districts
WHEREAS, Fauquier County has a key objective regarding the Purchase of Development Rights Program criteria and encourages continued donation of conservation easements; and
WHEREAS, that objective is also consistent with stated objectives and recommendations within the adopted Comprehensive Plan; and
WHEREAS, on August 26, 2004, the Planning Commission held a public hearing on the issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and
WHEREAS, on October 14, 2004, the Fauquier County Board of Supervisors held a public hearing on this amendment; and
WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 10th day of November 2004, That of Sections 4-001 of Article 4 and 4-800 of Part 8 (new addition) of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:
special and OVERLAY DISTRICT REGULATIONS
PART 0 special and OVERLAY DISTRICTS IN GENERAL
4-001 Special and Overlay Districts
For the purpose of this ordinance, the following special and overlay districts are established:
Planned Residential Development District (PRD)
Affordable Housing Overlay District (AH)
Historic Area Overlay District (HA)
Floodplain Overlay District (FP)
Airport Area District (AP)
Planned Commercial Industrial Development District (PCID)
Planned Development Mixed Use District (PDMU)
4-002 General Provisions
1. Purpose and Intent -- Special and overlay districts as established thereafter are created for the purpose of imposing special regulations in designated areas of the County to accomplish the stated purposes that are set forth for each district. Special districts are districts that are separately zoned and intended to allow for and encourage types of development other than that normally associated with conventional zoning districts. Overlay districts, on the other hand, are not separate districts but are for the purpose of establishing additional standards and requirements which shall overlay and overlap all other zoning districts within which land placed in each district shall also lie. As such, any parcel of land contained in an overlay district shall also lie in one or more of the other underlying zoning districts provided for in this ordinance.
2. Establishment -- Special districts, overlay districts and amendments thereto shall be established in the manner provided for all the Sections of this ordinance below regulating such districts and by the procedures set forth in Article 13 of this Ordinance, unless such procedures are qualified or modified by the provisions of a particular special or overlay district as set forth herein.
PART 8 4-800 CONSERVATION EASEMENT
4-801 Purpose and Intent
The Conservation Easement
1. Preserving agricultural uses outside of the Service Districts;
2. Establishing a hard open space edge around the perimeter of Service Districts;
2. Establishing parks and open space;
3. Preserving valued historic resources; and
4. Protecting future transportation corridors from encroaching development.
This provision provides
an incentive for residentially zoned properties within designated
Service Districts to contribute to the above objectives through the
purchase of conservation easements
4-802 Establishment of the Overlay District Boundaries
The Conservation Easement
4-803 Qualifying Purchase of Development Rights.
1. Location. Residential development rights must be acquired
from properties in the RA, RC, R-1, R-2, R-3 or R-4 zoning district
located within the service district, or contiguous to the Service
District boundaries wherein the project seeking the density bonus is
located. Conservation easements on
2. The easement and a deed restriction limiting the potential remaining developmental density, if any, allowed on the property providing the easement shall be in a form acceptable to the Board.
Agricultural Preservation. The purchase of conservation easements
B. Open Space and Park Land. The purchase of conservation
C. Historic Resources. The purchase of conservation easements
D. Transportation Corridors. The purchase of
4-804 Calculation of Maximum Density Bonus
1. No more than one additional unit shall be allowed within a
project in the qualifying service district for each qualifying
development right extinguished through the purchase of conservation
A. the provisions of Section 2-308.2 and 2-308.3 for the RA RC rural zoning districts,
B. the provisions of 3-401 and Section 2-308.4 for R-1, R-2, R-3 and R-4 zoned properties.
Option 2: The same factors limiting developmental density as provided in the Fauquier County Zoning Ordinance as well as the suitability of the soil for drainfields.
2. The total increase in units authorized under this provision for any project shall not exceed 30 percent of those allowed by the underlying zoning.
3. The total density in any project, including the bonus density available under this provision, shall not exceed the density set forth in the Comprehensive Plan for that location.
4. The resulting subdivision shall be clustered in accordance with the provisions of Section 2-406 of the Zoning Ordinance, except that the Board of Supervisors may reduce the open space required in the Zoning Ordinance to accommodate the additional density. The open space reduction results from subtracting the cumulative acreage resulting from the added units, based on their designated minimum lot size established for the respective and receiving zoning district classification, along with the associated public street extension or additions. The open space shall not be reduced below that depicted in Section 2-406.2 (R-1: 25%; R-2: 20%; R-3 and R-4: 15%).
5. Not all extinguished development rights need be used at once. A developer may bank them and use them within ten years for another qualifying project or projects or sell them to a third party who may use them for another qualifying project or projects within the same ten year period.
1. No increase in density pursuant to this provision shall be established and no preliminary plat shall be approved reflecting such increase in density unless and until a special exception is approved by the Board of Supervisors granting such increase in density pursuant to the requirements of this provision.
2. The special exception application shall be filed pursuant to the
procedures set forth in
Section 5-009 and the requirements set forth in Section 5-011.
3. No final construction plans, final plat, infrastructure plan, utility plan, grading permit or building permit shall be approved for any project wherein a special exception has been granted for an increase in density pursuant to this provision until such time as recorded easements are in place extinguishing development rights on all properties contributing to the density bonus.
4-806 Standards for Approval of Special Exception
The proposed project shall conform with all applicable general standards set forth for all special exceptions in Section 5-006. In addition, the following standards must be met in order for the Board to approve a special exception for a density increase under this provision:
1. Each of the extinguished development rights proposed in exchange for the density increase shall qualify pursuant to the standards set forth in Section 4-803, above.
2. The proposed project complies with all other requirements of the zoning ordinance, with no reduction sought by special exception for open space within the project except as provided in Section 4-804(4).
3. The overall project density is consistent with the Comprehensive plan and compatible with adjoining neighborhoods.
4. The road and street systems
 Note that these calculations are approximate. It is assumed that the minimum lot size (25,000 sq. ft.) includes streets. Obviously, in real life, the square footage of the streets would have to be included when and where possible. These calculations also assume no other factors negatively affecting open space requirements.
2 This lot total will also need to include the requisite street extension and infrastructure for the added bonus lots.