PUBLIC HEARING AGENDA REQUEST

Applicant:                                                    Board of Supervisors Meeting Date:

Dennis Gordon, Owner/Applicant                            November 18, 2002

Staff Lead:                                                                 Department:

Robert C. Counts                                                    Community Development

Topic:

Special Exception # SE 03-CR-06 – Category 26: Reduction in Non-Common Open Space. PIN: 7848-61-9095-000, Cedar Run District

Topic Description:

The applicant is seeking a reduction in existing non-common open space. The purpose of this proposed open space reduction is to allow the conveyance of a portion of the subject property to an adjacent parcel (under different ownership) via a lot line adjustment to enlarge the adjacent parcel. No new parcels are to be created.

Requested Action of the Board of Supervisors:

Conduct a Public Hearing on the proposed Special Exception and consider adoption of the attached resolution as recommended by the Planning Commission.

Financial Impact Analysis:

No fiscal impact analysis was required with this request

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

Community Development

Commissioner of Revenue

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below.

The subject property consists of 127.75 acres. It is identified by PIN: 7848-61-9095-000. The purpose of the requested Special Exception is to allow the open space reduction on the subject property in order to convey land to an adjacent parcel identified by PIN: 7848-71-9170-000. Both parcels are located near the intersection of Cromwell Road (Virginia Route 639) and Brent Town Road (Virginia Route 612) in the Cedar Run District. Both parcels are zoned Rural Agricultural (RA) and are surrounded on all sides by RA zoned land. As is characteristic of land in this zoning classification, the area is mostly in agriculture/forest use, with some large lot residential development.

The original ancestor parcel was a lot of record, in 1986, consisting of 153.75 acres in 1986. Accordingly, the non-common open space associated with the division of that parcel should have produced a lot of at least 130.6875 acres in order to meet the Zoning Ordinance’s requirement of 85% open space. In September of 2000, divisions produced lots of 3, 4, 5, and 10 acres and a residue parcel of 131.75 acres. At that time the residue represented 85.69% of the original parcel.

The 4-acre parcel (PIN: 7848-81-5297-000) was subsequently expanded to 8 acres via a lot line adjustment, drawing the additional 4 acres from the subject parcel. Although the discrepancy was not identified at the time, this lot line adjustment reduced the residue parcel to 127.75 acres. The resulting percentage of non-common open space was 83.09%. Although this lot line adjustment resulted in a violation of the 85% open space requirement, no reduction in that requirement was requested or obtained at that time. The subject property remains in violation of the 85% open space requirement.

The applicant now wants to expand the adjacent 10-acre parcel in the same manner: lot line adjustment. 14.5 acres would be added to that parcel, which would then total 24.5 acres. This time, however, he has recognized the need to obtain a reduction in the required open space and has acted accordingly. If approved, the requested action will reduce the 85% non-common open space requirement to 113.25 acres or 73.66% of the ancestor parcel.

No adverse comments were received from review agencies. The County Soil Scientist did comment that there appear to be no natural or physical boundaries (e.g. drainage ways, ridge tops, streams, fences, walls, etc.) that might justify the enlargement of the 10-acre parcel (7847-71-9170-000). But there was nothing noted that might preclude the enlargement either.  One adjacent property owner (not one of the participants in the proposed land exchange) called to make sure he understood the applicant’s request. When the proposed action was explained to him, he said he had no objections.

Summary and Planning Commission Recommendation

The applicant wishes to transfer land to an adjacent property owner to enlarge that owner’s parcel from 10 acres to 24.5 acres. Although the requested action will reduce the required non-common open space on the applicant’s property, the proposed transfer of land will have no effect on the allowed density of either parcel. It will not adversely affect any adjacent property owners and should have no significant effect on the character of the surrounding area. At its meeting on October 24, 2002 , the Planning Commission voted unanimously to forward SE 03-CR-06 to the Board of Supervisors with the recommendation of approval, subject to the following conditions:

Concurrent with the County’s approval of the boundary line adjustment to the parcel described as PIN: 7847-71-9170-000, the applicant shall:

1.      Record a Deed of Easement designating the remainder of the lot described a PIN 7848-61-9095-000 (113.25 acres) as non-common open space, and

2.      Record an easement restricting the lot described as PIN 7847-71-9170-000 (24.5 acres) from any further subdivision.

Attachment:

Special Exception Plat

RESOLUTION

A RESOLUTION TO APPROVE SPECIAL EXCEPTION # SE 03-CR-06 – CATEGORY 26: REDUCTION IN NON-COMMON OPEN SPACE. PIN: 7848-61-9095-000, CEDAR RUN DISTRICT. MR. DENNIS GORDON, APPLICANT

            WHEREAS, Dennis Gordon, the owner of the property identified by PIN 7848-61-9095-000, has requested a Category 26 Special Exception, to reduce the required Non-Common Open Space in an RA zone; and

WHEREAS, the requested Special Exception is preparatory to the adjustment of the boundary line of the adjacent property identified by PIN: 7848-71-9170-000; and

            WHEREAS, on October 24, 2002 , the Planning Commission voted unanimously to forward Special Exception # SE 03-CR-06 to the Board of Supervisors with a recommendation of conditioned approval; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 18th day of November, 2002, That Special Exception SE03-CR-06, Mr. Dennis Gordon, Owner/Applicant, be, and is hereby, approved, subject to the following conditions:

Concurrent with the County’s approval of the boundary line adjustment to the parcel described as PIN: 7847-71-9170-000, the applicant shall:

1.      Record a Deed of Easement designating the remainder of the lot described a PIN 7848-61-9095-000 (113.25 acres) as non-common open space, and

2.      Record an easement restricting the lot described as PIN 7847-71-9170-000 (24.5 acres) from any further subdivision.