The applicant wishes to
obtain approval of a Category 20 Special Exception to allow
for an individual sewage discharge system to remediate an
existing failed drainfield system. This request is to serve
a single-family residence. The proposed system is a Delta
Manufacturing Aerobic Treatment Unit with a design flow of
450 gallons per day (gpd) that will discharge to an unnamed
tributary of Rock Run. The applicant’s Statement of
Justification is included as Attachment 1. The
installation of this system requires approval of a Virginia
Pollutant Discharge Elimination System (VPDES) permit from
the Virginia Department of Environmental Quality (DEQ), as
well as a Virginia Department of Health (VDH) permit for the
approval of the sewage treatment portion of the system. The
Applicant is in the process of pursuing these permits
concurrent with the Special Exception approval process;
however, these permits cannot be issued until Special
Exception approval is granted.
Location, Zoning and
Current Land Use:
The subject property is
located on the northeast side of Warrenton Road (Route 17)
near Goldvein. The 2.31-acre parcel is zoned
Commercial-Village (CV). The site contains one residence.
Adjoining properties to the north and east are zoned a
combination of Village (V) and Commercial-Village (CV).
Adjoining properties to the south and west are zoned Village
(V) and Rural Agriculture (RA). The current use of the
subject property is residential, and there are a combination
of residential, civic, and commercial uses in the area.
Comprehensive Plan/Land Use:
This property is located
within the Village of Goldvein.
Almost all of the County’s
villages are currently zoned for residential development,
with a nominal amount of commercial development. One of the
strategies for the Villages is that the County should
consider evaluating the Village Commercial zoning category
to allow, for example, a residential component above retail
uses, as well as small-scale bed and breakfasts.
The site contains poor
conditions for septic development.
While the area of Goldvein
has a rich history, this parcel is not located within a
rural historic district, although some adjoining parcels
have historic structures located on them that are
significant to the community. For example, Grove Baptist
Church is adjacent to the subject parcel.
Special Exception Analysis:
following Zoning Ordinance and County Code sections apply to
General Standards for
Special Permits and Special Exception Uses
The proposed use shall be such that it will not
adversely affect the use or development of neighboring
properties. It shall be in accordance with the applicable
zoning district regulations and the applicable provisions of
the adopted Comprehensive Plan. The location, size and
height of buildings, structures, walls and fences, and the
nature and extent of screening, buffering and landscaping
shall be such that the use will not hinder or discourage the
appropriate development and/or use of adjacent or nearby
land and/or buildings or impair the value thereof.
The site is planned and zoned for Village Commercial use.
An individual sewage disposal system with a discharge would
not be allowed for a new commercial use and thus continuance
of a residential use if a discharge system is allowed is the
only viable option for this site. Continuing the existing
use will not affect the development or value of neighboring
The proposed use shall be such that pedestrian and
vehicular traffic generated will not be hazardous or
conflict with the existing and anticipated traffic in the
neighborhood and on the streets serving the site.
The proposed use will not generate additional traffic.
In addition to the
standards which may be set forth in this Article for a
particular category or use, the BZA and Board may
require landscaping, screening, yard requirements or
other limitations found to be necessary and appropriate
to the proposed use and location.
The requirement to
provide additional screening is not relevant to this
Open space shall be
provided in an amount at least equal to that specified
for the zoning district in which the proposed use is
Open space is not
required for this proposed use.
Adequate utility, drainage, parking, loading, and
other necessary facilities to serve the proposed use shall
be provided. Low impact development techniques are
encouraged by the County and shall be incorporated into the
site and facility design when deemed appropriate by the
applicant after consultation with appropriate county
officials. Parking and loading requirements shall be in
accordance with the provisions of Article 7.
Proposed use is not development but a remediation of a
Signs shall be regulated by the provisions of Article
8, except as may be qualified in the parts that follow for a
particular category or use. However, the BZA and the Board,
under the authority presented in Section 007 below, may
impose more strict standards for a given use than those set
forth in this Ordinance.
Any signs will be in accord with the Zoning Ordinance.
The future impact of a proposed use will be
considered and addressed in establishing a time limit on the
permit, if deemed appropriate. Existing and recent
development, current zoning and the Comprehensive Plan shall
be among the factors used in assessing the future impact of
the proposed use and whether reconsideration of the permit
after a stated period of time would be necessary and
appropriate for the protection of properties in the vicinity
and to ensure implementation of the Comprehensive Plan.
The Planning Commission recommended the addition of a
condition which will impose a requirement to renew this
Special Exception periodically to ensure that the sewage
disposal system is being operated and maintained in accord
with VDH and DEQ regulations.
The proposed use shall be such that air quality,
surface and groundwater quality and quantity, are not
degraded or depleted to an extent that would hinder or
discourage the appropriate development and/or use of
adjacent or nearby land and/or buildings or impair the value
The discharge from the system will be treated to DEQ and
VDH acceptable levels, and should not hinder development or
lower the value of nearby land and/or buildings.
Except as provided in this Article, all uses shall
comply with the lot size, bulk regulations, and performance
standards of the zoning district in which located.
All uses will comply with the Commercial-Village (CV)
Section 5-2002.5: Standards for all Category 20 Uses
Section 5-2002.5 of the
Zoning Ordinance requires that a Special Exception for a
private individual sewage treatment system, which discharges
into an open ditch or water shall be allowed only to replace
an existing sewage system that is presently serving an
The applicant contacted all
adjacent property owners to inquire about the possibility of
obtaining an easement on their property so that the
drainfield could be located on their parcel. All adjoining
property owners declined to grant such permission to the
applicant. The Virginia Department of Health has certified
that the existing system poses a real or potential health
threat and has provided written documentation to Fauquier
County and the Applicant in January 2010 that the discharge
permit is the only option on this site (Attachment 3).
In approving such a system, the Board of Supervisors may
establish conditions including but not limited to use,
maintenance, and testing.
Fauquier County Code
Section 17-17 of the
Fauquier County Code requires notification of all downstream
property owners for a distance of one mile. This is the
responsibility of the applicant, and letters are required to
be sent no later than five days prior to the Board of
Supervisors’ public hearing. The applicant has complied with
this requirement and sent notification letters via certified
mail to all downstream property owners within one mile of
the subject property.
Staff and Review Agency
Staff and Review Agency
Comments are included in Attachment 4.
Planning Commission Action:
On January 28, 2010, the
Planning Commission voted unanimously to recommend approval
of this Special Exception subject to the conditions included
in the resolution.