Location, Zoning and
Current Land Use:
The property is located at
7267 Fifth Street. It is zoned Residential-2 (R-2). A map
of the parcel is shown below.
Surrounding Zoning and
Current Land Use:
Surrounding properties in
this area are zoned R-2 and are in residential use.
Comprehensive Plan/Land Use:
The site is located in the
Remington Service District and is planned for low density
Public facilities require a
Code of Virginia 2232 review to determine if they are in
substantial accord with the Comprehensive Plan. This
application seeks to add a component to an existing facility
that is part of Town of Remington Well No. 1 and the town’s
existing water supply system. Thus, it is consistent with
the adopted Comprehensive Plan as that system is included in
This facility will improve
the existing water system serving the Town of Remington and
bring it into conformance with EPA standards. This will
allow the town to continue to provide a safe and reliable
water source for its residents. The project location
adjacent to existing facilities would also minimize
Special Exception Analysis:
The applicant must meet the
requirements of Zoning Ordinance Section
5-006, General Standards for
Special Exception Uses. General standards for all Special
Exceptions require that the proposed use will not adversely
affect the use or development of neighboring properties,
will not conflict with existing traffic, and other such
criteria to protect the surrounding environment. In this
case, the proposed addition of an arsenic removal facility
to an existing well and utility system that supplies water
to the Town of Remington, will not cause degradation of the
surrounding area or add traffic. It will improve the
environmental quality of the area.
The following applicable
standards were used to evaluate this project:
PART 20 5-2000
CATEGORY 20 PUBLIC UTILITIES
5-2001 Additional Submission
In addition to the submission requirements set forth in
Section 011 above, all applications for Category 20 uses
shall be accomplished by the following:
1. Four (4) copies of a map showing the utility system of
which the proposed use will be an integral part, together
with a written statement outlining the functional
relationship of the proposed use to the utility system.
2. Four (4) copies of a statement, prepared by a certified
engineer, giving the basic reasons for selecting the
particular site as the location for the proposed facility
and certifying that the proposed use will meet the
performance standards of the district in which located.
The applicant has met the aforementioned criteria with its
submittal materials. The Statement of Justification and
Special Exception Plat demonstrate the functional
relationship of the proposed arsenic removal facility to the
overall Town of Remington Water Supply system.
5-2002 Standards for All Category
In addition to the general standards set forth in Section
006 above, all Category 20 special permit and special
exception uses shall satisfy the following standards:
Category 20 special permit and special exception uses shall
not be required to comply with the lot size requirements or
the bulk regulations set forth for the zoning district in
which located in Part 4 of Article 3. However, such
requirements may be established in the conditions under
which such a special permit or special exception is granted.
Not applicable to the project.
No land or building in any district other than the
Industrial Districts shall be used for the storage of
materials or equipment, or for the repair or servicing of
vehicles or equipment or for the parking of vehicles, except
those needed by employees connected with the operation of
the immediate facility.
The existing shed on-site may be used as an accessory
structure to house materials needed for the well and water
The Zoning Ordinance
defines Accessory Use as follows:
Accessory uses as permitted by this Ordinance are set forth
in Part 1 of Article 6. An accessory use is a use or
1. is clearly subordinate to, customarily found in
association with, and serves a principal use; and
2. is subordinate in purpose, area or extent to the
principal use served; and
3. contributes to the comfort, convenience or necessity of
the occupants, business enterprise or industrial operation
within the principal use served; and
4. is located on the same lot as the principal use, except
any building that is customarily incidental to any
agricultural use shall be deemed to be an accessory use
whether or not it is situated on the same lot with the
In all zoning districts, other than the I-2 District, all
equipment, machinery and facilities not located within an
enclosed building shall be effectively screened.
Applicant has met these standards – all equipment is within
an enclosed building. However, since the well and treatment
works are located within a residential district, staff would
recommend the planting of street trees on Fifth Street as
well as shrubs and trees on the perimeter of the property to
provide an additional buffer to adjacent properties.
If the proposed location of a Category 20 use is in a
Residential District there shall be a finding that there is
no more suitable site available for such use in a Commercial
or Industrial District, except that in the case of electric
transformer stations and telephone and telegraph exchanges
or dial centers, there shall be a finding that there is no
alternative site available in a Commercial or Industrial
District within distance of one mile, unless there is a
substantial showing that it is impractical for satisfactory
service to be rendered from an available location in such
Commercial or Industrial District.
The project is located within a residential district.
However, the facility would be added to an existing well;
and, the EPA has required that the facility be added to this
Staff Review Agency
Staff and appropriate
referral agencies have reviewed this request for conformance
with the Comprehensive Plan, the Zoning Ordinance, and other
relevant policies and regulations. Findings, comments, and
recommendations are summarized below. Following each comment
is a staff note in italics stating how the comment has been
Virginia Department of Health (VDH)
The Virginia Department of
Health has no objection to the Special Exception request.
In its review of the application materials, the key issues
were: 1) Whether the chemical storage is at least 50’ from
all wells, and 2) Whether the waste piping from the Arsenic
Removal Facility is at least 50’ from all wells.
Discussions with Town of
Remington reveal that two chemicals, Potassium
Permanganate (in cans) and 12.5% Sodium Hypochlorite
will be stored in the same building that will house the
proposed Arsenic Removal Facility (Greensand Filter).
This exceeds the minimum required distance of 50’ to
existing well #1, and to all adjacent parcels.
The proposed waste
piping to exit the Arsenic Removal Facility exceeds the
minimum required distance of 50’ to existing well #1,
and to all adjacent parcels except PIN 6888-01-0143.
However, PIN 6888-01-0143 is recorded as receiving water
from Town of Remington, and has no record of a Private
Well on the parcel; additionally where the Force Main
comes within 20’ of this parcel, it will connect with an
already existing an approved 6” Sewer Main that is
parallel to Fifth Street.
Applicant has met VDH
1. The subject property is
zoned R-2/Residential. The proposed facilities, related to
provision of public water, are allowed in the R-2 zoning
district with approval of a special exception and site plan
pursuant to Section 3-320.3.
The following Zoning
Ordinance standards are applicable:
a. 5-006 General Standards
for all Special Exceptions and Special Permits
b. 5-2001 Additional
Submission Requirements for Category 20 uses
c. 5-2002 Standards for
all Category 20 Uses.
“Special Exception Analysis” section. Applicant has met
It was Zoning Staff’s
understanding, based on an earlier meeting with the
applicant, that the applicant wished to secure approval
for a storage structure in addition to the treatment
structure; however this is not addressed in the
application. In addition, staff understood that the
applicant did not intend to do the extensive
improvements, turn-around (wide driveway, 3 parking
spaces including handicapped, etc) shown on the plat but
had only drawn them because of an understanding they
were required. Suggest the following conditions be
included in any special exception approval to allow
reduction of the on-site improvements and to allow a
shed for storage associated with the utility:
and parking areas shall be reduced to the minimum size
allowed by the County as part of the approval of the site
plan for the property.
In addition to
the new building for the water treatment, shown on the plat,
a maximum ______ sq. ft. building shall be allowed for
The applicant requested
the use of the existing shed in its application. They do
hope to minimize improvements on the site and appreciate the
suggested condition. The two suggestions have been added as
Special Exception conditions.
While the areas labeled
lot 34 and lot 33 are represented as a single parcel on
the County’s tax map, it may be that they are actually
two (2) legal lots of record. If two legal lots exist,
the lot line through the parcel shall be vacated as
shown on the SE plat.
Information for the
applicant to consider.
Environmental Division had no comment for the aforementioned
Planning Commission Summary
and Action of January 28, 2010:
On January 28, 2010, the
Planning Commission held a work session and conducted a
public hearing on the proposed Special Exception. No
members of the public spoke at the hearing; the applicant’s
representative provided comments.
During the Planning
Commission work session, Commissioner Meadows suggested a
minor refinement to the Special Exception conditions
regarding fencing for the facility, and an amended set of
Special Exception conditions was prepared. The Planning
Commission forwarded a unanimous recommendation of approval,
subject to that series of Special Exception conditions, to
the Board of Supervisors.
Summary and Recommendation:
The applicant is requesting
to add an arsenic
removal facility, per the requirements of the U.S.
Environmental Protection Agency (EPA), to an existing well
and utility system that supplies water to the Town of
Remington. This facility will improve the existing water
system serving the Town of Remington; bring it into
conformance with EPA standards; and, allow the town to
continue to provide a safe and reliable water source for its
The applicant has met the
standards set forth in Zoning Ordinance Sections 5-006 and
5-2001 and 5-2002 (Category 20 Public Utility).