Board of Supervisors Meeting Date: 

Ali Moshari, Owner
Paul MacMahon, Applicant 

March 12, 2009

Staff Lead:


Bonnie Bogert, Planner II

Community Development

Magisterial District:                                                                                                                 PIN:

Service District:


A Resolution to Approve Tiffany Subdivision:  Preliminary Plat PPLT07-MA-012 and Waiver WVRP09-MA-005


Project Update:

The Board of Supervisors considered this application on February 12, 2009, but postponed action for 30 days.  Since that time, Supervisor Schwartz has been working with the applicant to develop conditions related to the design of the houses.  The applicant is also amenable to a condition which requires the waiver of the central water requirement to be approved before the Final Plat is approved, should the applicant proceed to submit the Final Plat before public water is available.  This is consistent with the requirement that the applicant receive a Special Exception to waive the public water requirement if a Final Plat is sought before public water is available.  All of these conditions are included in the attached resolution.   

Topic Description:

The applicant is seeking Preliminary Plat approval to divide one parcel of approximately 6.55 acres into six (6) lots, ranging in size from + 0.76 acres to + 0.85 acres. Each lot will be served by an individual well and public sewer. Since this parcel is located within the Marshall Service District, it will be required to be served by public water once it is available. A copy of the Preliminary Plat is included as Attachment 1.

The applicant is also requesting a waiver of Subdivision Ordinance Section 4-11.A.1, which is the requirement to provide a central water system for a subdivision. This section of the Ordinance states that “lots greater than one-half acre in size and less than one acre in size, shall be served by a central water system.” This property is located within the Marshall Service District, so it is required to be served by public water, which is not currently available. Once the upgrades to the public water system are completed, this subdivision will be required to connect to public water, which would eliminate the need for the freestanding central system. If approved, this waiver would allow the applicant to create the six lots and have individual wells be their current water source until such time as the lots can be connected to the public water system.  If denied, the applicant would need to wait for public water or seek the waiver again before the Final Plat is filed.  Staff has added a condition that Final Plat approval will not be granted until the property connects to a public water supply or obtains approval of a waiver.

In addition, because the site is within 300 feet of a public water supply system, a Special Exception is required to waive the public water requirement if the applicant wishes to pursue the subdivision before public water supply is available to the site, pursuant to Fauquier County Code Section 19-18. Staff has added a condition that Final Plat approval will not be granted until the property connects to a public water supply or the applicant obtains approval of a Special Exception. The applicant was notified in late 2008 of the Special Exception requirement and has not yet applied for one.


Location,  Zoning and Current Land Use:

The ±6.55 acres are zoned Residential (R-2).  Adjacent properties in all directions are also zoned Residential (R-2). The property is located on the west side of Rectortown Road (Route 710) in the Marshall Magisterial District.  The parcel is located in the Marshall Service District and is currently designated for Low Density Residential Development (less than 2 units per acre). This proposed subdivision is being developed at a density of about one (1) dwelling unit per acre.

Planning Commission Summary and Action of January 29, 2009:
The Planning Commission voted unanimously to approve this Preliminary Plat, subject to conditions,  including the Waiver of Subdivision Ordinance Section 4-11.A.1.

Board of Supervisors’ Summary and Action of February 12, 2009:
The Board of Supervisors postponed action on this Preliminary Plat until the next regularly scheduled meeting.

Requested Action of the Board of Supervisors:   

Consider adoption of the attached resolution.


    Preliminary Plat


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