Surrounding Zoning and Current Land Use:
surrounding property is zoned Rural Agricultural (RA) and is
the site of various dwellings, farms and a community
contains a 150’ wide Transcontinental Gas easement across
the rear of the property containing approximately 2.79
acres. In addition, the rear of the property also contains
an area of 0.76 acres within the floodplain. This small
area of natural resource will not be disturbed, and no
structures will be permitted within twenty-five feet of the
floodplain, nor will any structures be permitted within the
Special Exception Analysis:
Ordinance Section 5-006 General Standards
standards seek to ensure that the requested use does not
adversely affect neighboring properties. This proposal does
not appear to adversely affect neighboring properties.
Ordinance Section 5-2600 Standards for Approving a Decrease
in the Open Space Requirement
For lots of
30 acres or greater in the RA and RC zoning district, the
Board may approve a reduction in the 85 percent open space
requirement if the Board finds that a lesser amount would
accomplish the purposes of Zoning Ordinance Section 2-406.5.
Ordinance Section 5-2601 Standards for Reduction of
Non-Common Open Space Required by Paragraph 2-406
percentage of gross site area required as non-common open
space may be reduced by the Board upon a determination that:
required amount is not necessary in order to protect the
scenic, natural or historic resources contained on the
site, in which case the open space may be reduced to
that amount necessary. (See paragraph 2-406)
predominance of the character of the area, particularly
adjacent parcels is large lot (10 to 25 acres per lot)
and the site resources determined in 1 above would
require less than 25 acres of open space, in which case
open space may be reduced to zero. If more than 25
acres of open space is required in 1 above then that
amount shall be required unless it is determined that
the location of the resultant lot layout is in conflict
with adjacent uses because of lot size or use
Article 2-406.5 generally states that “the proposed
development shall not result in the unnecessary loss or
degradation of natural resources, including prime
agricultural and forestal lands, environmentally sensitive
areas such as floodplains, steep slopes, rock outcrops and
seasonally wet areas, predominant or unusual geologic
features such as mountain peaks, caverns, gorges; areas
critical to the existence of important types of flora and/or
fauna.” The article discusses preservation of any scenic
and/or historic resources and states that the proposed
development shall be compatible in character and intensity
with the existing uses and will not jeopardize or infringe
upon the continuation of existing uses.]
subject property does not contain any scenic or historic
resources that need to be preserved. The Federal Emergency
Management Agency (FEMA) floodplain is being preserved.
Additionally, the site has a 150-foot wide gas line easement
that runs through the property. The majority of the
surrounding property is owned by the family. There are a
variety of lot sizes in the area and the majority of lots in
the area are larger than 25 acres; the proposal appears to
be compatible with its neighbors.
Staff and Review Agency Comments:
is an additional .89 +/- acre area that is not accounted
for on the Special Exception Plat. The three proposed
lots total 35.91 acres whereas the lot to be divided is
36.8 +/- acres.
has been recently surveyed and the updated acreage is 36.8
following Zoning Ordinance standards are applicable:
5-006 General Standards;
5-2600 Standards for Approving a Decrease in
the Open Space Requirement;
5-2601 Standards for Reduction of Non Common
Open Space Required by Paragraph 2-406.
Zoning Staff defers to Planning Staff the assessment
of standard compliance.
The proposal appears to be in
standard compliance with the Zoning Ordinance. Staff
analysis is provided throughout the staff report.
There is Zone A FEMA floodplain on the back of this
property. It is shown on FIRM panel 450C that has an
effective date of February 6, 2008. Note #7 on the
special exception plat is not correct.
There is a Transcontinental Gas easement that is 150’
wide that runs through this property.
These have been addressed with the
most recent plat.
shall provide soil information/analysis that indicates the
feasibility of drainfields on parcels (Zoning Ordinance
applicant hired Dominion Septic, Inc. to locate drainfields
on two of the proposed three parcels. The paperwork has
been presented to the Health Department and a copy has been
provided to the County’s Soil Scientist Office. The County
Soil Scientist has stated the paperwork indicates
drainfields are feasible.
Based on the
Fauquier County Soil Survey, 8% of the parcel is mapped as
Prime Farmland. 8% of the parcel is mapped as Soils of
Statewide Importance. 8% of the site is mapped as soil
units that are hydric; 92% as soil map units with hydric
soil inclusions. Hydric soils indicate the possible
presence of jurisdictional wetlands, which are protected by
federal law from disturbance so may limit the area available
for development. 92% of the site is mapped as soils with a
very high shrink – swell potential. Based on the
Interpretive Guide to the Soils of Fauquier County, 100% of
the parcel is mapped as soils that are not suited to general
development using conventional drainfields. The major
limitations are a high seasonal water table, shallowness to
bedrock, very high shrink – swell potential and landscape
Department of Transportation
Warrenton Residency staff reviewed the above referenced
Special Exception for an open space reduction. The
Department has no comments pertaining to the open space, but
does recommend that the three proposed lots be submitted to
VDOT for review to determine if there is an adequate
entrance(s) for the lots. No entrances have been shown on
the plan as to the location and number of entrances that are
applicant will work with VDOT on the entrances prior to
dividing the property.
Department has verbally indicated they have met with the
applicant to review the drainfield certification plat
prepared by Leonard Surveys, dated June 25, 2008. A
drainfield certification plat will not be approved by the
Health Department until the Special Exception is granted.
Planning Commission Summary and
Action of January 29, 2009:
The Planning Commission discussed
this item at its work session. The Planning Commission held
a public hearing on this item. One of the applicants spoke
in favor of the request. The Planning Commission voted
unanimously to recommend approval subject to conditions.
Summary and Recommendation:
Should the Board of Supervisors
approve this Special Exception, the Planning Commission
recommended the conditions below:
Prior to scheduling this
Special Exception for Board of Supervisors’ public hearing,
revisions shall be made to the Special Exception Plat to
include the following: (a) correction to vicinity map, (b)
correction of floodplain note, and (c) delineation of gas
easement and floodplain.
Prior to scheduling this Special Exception for Board
of Supervisors’ public hearing the applicant shall provide
evidence to the County Soil Scientist that the drainfields
meet County standards.
These abovementioned items have been satisfied;
therefore, they will not be included in the recommended
conditions of approval.
The Special Exception is granted for and runs with
the land (PIN 6898-91-5914-000) indicated in this
application and is not transferable to other land.
This Special Exception is granted only for the
purpose(s), structure(s) and/or uses indicated on the
Special Exception Plat titled “Special Exception Plat
Property of Laura V. Gouldthorpe, PIN #6898-91-5914-000”
dated January 27, 2009, received in Community Development on
February 2, 2009, approved with the application, as
qualified by these development conditions.
All three parcels created as a result of Special
Exception approval shall be deed restricted from further
Requested Action of the Board of
Conduct a public hearing and consider adoption of the
Identify any other Departments,
Organizations or Individuals that would be affected by this