CONSENT AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

Calvin L. Ritchie, Owner/Applicant

 

January 13, 2005

Staff Lead:

Department:

 

Charles A. Floyd, Senior Planner

Community Development

 

Magisterial District:

 

PIN:

Cedar Run

7808-52-4186-000

 

Topic:

 

A Resolution to Approve Ritchie Subdivision: Preliminary Plat PPLT05-CR-016 and Associated Zoning and Subdivision Ordinance Waivers

 

Topic Description:

 

The applicant is seeking Preliminary Plat approval to divide approximately 128.02 acres into one (1) industrial lot of 5.4 acres, with a residue parcel of ±122.62 acres. The referenced property has both I-1 and RA zoning.  The proposed Lot 1 has already undergone the Major Site Plan approval process to be used as an abattoir known as Fauquier’s Finest Custom Meat Processing, Inc.  The residue will remain a working farm as currently operated today.  The future Lot 2 is shown on the Preliminary Plat for waiver purposes only, and is not subject to this Preliminary Plat application.  The applicant is asking for the waivers now to insure the feasibility of subdividing the future Lot 2.  A copy of the Preliminary Plat is attached. 

 

As part of the Preliminary Plat application, the applicant is seeking waivers of Section 5-7 of the Fauquier County Subdivision Ordinance (Street Width), and Zoning Ordinance Articles 7-302 (Private Street Limitations) and 7-303 (Private Streets Design Standards) for the proposed Lot 1 and future Lot 2.  The street width required in the Subdivision Ordinance is 50 feet.  The applicant is proposing a private street of 40 feet in width. The statement of justification for all waivers is attached.

 

Article 7-302 (Private Street Limitations) reads as the following:

 

“The following limitations shall apply unless modified by the Board in conjunction with a request for a Special Exception permit, Site Plan approval, or subdivision plan approval provided the applicant can show that no other remedy is realistically feasible, that plausible alternatives have been exhausted, that to not so modify the applicable limitations would place an unreasonable restriction on the use of the property and that properties through which access is planned will not be unreasonably affected.”

 

The proposed Preliminary Plat meets all requirements of this section except 7-302.1.C, which requires that the private street be a minimum of fifty (50) feet in width.

 

The waiver of Zoning Ordinance Article 7-303 is seeking to waive the private street design standards outlined in the Fauquier County Zoning Ordinance, since the private street design was approved with the Major Site Plan for the abattoir for the abattoir.  Staff supports the requested street waiver, since it is integral to the previously approved private street to access this industrial property.

 

The applicant is also asking for a waiver of Section 10-5 of the Subdivision Ordinance (Construction Drawings), and to substitute the previously approved and bonded Major Site Plan on file with the County for the abattoir for this requirement.  Staff supports the waiver, since requiring the applicant to submit Final Construction Plans would be an unnecessary duplication of effort.  Staff does recommend that the applicant submit to the Planning Office a copy of the approved site plan with the Final Plat application.

 

The parcel is approximately 128.02 acres split zoned Industrial-1 (I-1) and Rural Agriculture (RA).  There are ±16.48 acres of I-1 zoning and 111.54 acres of RA zoning.  All adjacent properties to the north, south and east are also zoned Rural Agriculture (RA), with properties to the west zoned Industrial-1 (I-1).

 

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."

 

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

 

Planning Commission Action:

 

On December 8, 2004, the Planning Commission voted to approve the Ritchie Subdivision, subject to the conditions noted below:

 

  1. The Final Plat shall be in general conformance with the Preliminary Plat entitled "Preliminary Waiver Request Plat on the Property of Calvin L. Ritchie" dated September 15, 2004, signed by Eric K. Niskanen on 9-15-04 and received in the Planning Office on October 25, 2004 except as modified by these conditions.  This approval is for a maximum of two (2) residential lots. 

 

  1. Prior to Final Plat approval a copy of the approved Major Site Plan shall be submitted to the Fauquier County Planning Office.  This shall be required as part of the waiver of Subdivision Ordinance Section 10-5.

 

  1. The approval of the Preliminary Plat includes the approval of the following waivers:

 

·        Waiver of Section 5-7 of the Subdivision Ordinance to allow a private street that is 40 feet in width instead of the required 50 feet.

 

    • Waiver of Section 10-5 of the Subdivision Ordinance to allow the Major Site Plan to serve as the Construction Plans for the subdivision.

 

    • Waiver of Section 7-302 of the Zoning Ordinance (Private Street Limitations and Section 7-303 of the Zoning Ordinance (Private Street Design Standards) to allow the Major Site Plan to serve as the design of the private street.

 

Location:

As depicted on the location map, the parcel is on the southerly side of Route 644 (Ritchie Road) east of its intersection with Route 17 (Marsh Road).

 

 

ATTACHMENTS:

1.      Preliminary Plat

2.      Waiver Requests

3.      Resolution