Board of Supervisors Meeting Date: 

Licking Run, LLC

April 10, 2008

Staff Lead:


Melissa Dargis, Assistant Chief of Planning

Community Development

Magisterial District: Lee

PIN: 6878-46-1933 & 6878-45-2619


Service District: None


A Resolution to Approve SPEX08-LE-011, a Category 26 Special Exception to Allow for a Decrease in the Amount of Non-common Open Space Required.

Topic Description:

The applicant requests this non-common open space reduction from 85% to 44% in order to accomplish a boundary line adjustment between two parcels; PIN 6878-46-1933-000 (approximately 37 acres) and PIN 6878-45-2619-000 (approximately 39 acres), to yield a 15 acre lot and a 61 acre lot.  The 39 acre lot is already under a non-common open space easement; the 37 acre lot is not and has three (3) subdivision rights remaining.  The applicant has agreed to relinquish these subdivision rights.

The acreage (approximately 22) proposed to be boundary line adjusted into the 39 acre lot will be placed under a non-common open space agreement and deed restricted.  The 15 acre parcel will be deed restricted from further subdivision.

The creation of the 61 acre lot would combine two separate areas of existing tree conservation easements into one parcel.  The soil types, topography and general characteristics are very similar between the two parcels.


Location,  Zoning and Current Land Use:

Both parcels are zoned Rural Agricultural (RA).  Consistent with the RA zoning category, these properties are located in a district where agriculture and forestry are the predominant uses.

Surrounding Zoning and Current Land Use:

Surrounding parcels are zoned RA. 

Staff and Review Agency Comments: 

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 addressed.

Soil Scientist


Based on the Fauquier County Soil Survey, the proposed lot of 15.3366 Ac on Generals Court is rated “Poor” (47.1%) to “Not Suited” (52.9%) for development using conventional drainfields.  All of the soils on this site have a moderate to very high potential for shrink-swell clays.  Hydric soils make up 18.1% of the site and 34.8% of the parcel may contain hydric soil inclusions.   Prime farmland makes up 43% with statewide important farmland being 8.2%.

(No new lots are proposed with this application.  The request is related to a boundary line adjustment for existing parcels.)

Zoning Comments:

The 85% non-common Open Space requirement for the 37.2794 acre parcel is 34.2990 acres.  The lot has three remaining divisions.

(This information has been provided to clarify the most recent subdivision potential letter.)


Planning Commission Action: 

On March 27, 2008 the Fauquier County Planning Commission unanimously approved the Special Exception subject to the conditions included herein.


Requested Action of the Board of Supervisors:

If the Board of Supervisors wishes to act, Conditions of Approval, as recommended by the Planning Commission, are provided in the attached resolution.


Identify any other Departments, Organizations or Individuals that would be affected by this request:



1.                  Statement of Justification

2.                  Special Exception Plat


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