Board of Supervisors Meeting Date:

Elmer Ray and Katherine O. Anderson, Jr., Morgan B. and Katie L. Ott, III, Harold W. and Rebecca O. Mullins, Frank C. Ott, Frank C. Ott, Jr., Owners / Daniel M. OíConnell, Applicant 

April 13, 2006



Staff Lead:
Melissa Dargis, Assistant Chief of Planning

Community Development


Magisterial District:



A Resolution to Approve SPEX06-LE-008: A Category 26 Special Exception to Allow for a Decrease in the Non-Common Open Space Requirement, Lee District


Topic Description: 
The applicant wishes to obtain Special Exception approval under Category 26, which would allow for a decrease in the non-common open space requirement.  If approved, this Special Exception would allow subdivision of the 54.2981-acre parcel into two (2) lots. 

Project Information:
On July 20, 1993, the Board of Supervisors approved a Special Exception that granted a decrease in non-common open space to allow for the division of property into two (2) lots.  However, the timeframe for the Special Exception lapsed and the applicant did not record the divisions, but now wants to do so.

As shown on the Special Exception Plat, division of the property will result in two (2) lots of 25 acres and 29.2981 acres.  A condition requiring deed restriction on both lots will prohibit further subdivision.  A note on the plat indicated that the lots are for agricultural purposes and are not approved with individual drainfields.  If, in the future, drainfields are located for these lots they may be used for residential purposes.

The original Special Exception Plat was recertified in November 2004 by the original surveyor.


Land Area, Location and Zoning:    
The property is located on the east side of Morgansburg Road (Route 653), south of its intersection with Marsh Road (Route 17).  A map of the property is shown below.




Neighboring Zoning/Land Use:

The property is currently zoned RA (Rural Agricultural) and is bound entirely by RA zoned land.  Consistent with this zoning category, the property is located in an area that contains agriculture and forestry as its predominant uses.


Action Requested of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached resolution.


Planning Commission Recommendation:

On February 16, 2006, the Planning Commission held a public hearing on this item and unanimously recommended approval, subject to a series of development conditions.


Staff Analysis:

Staff and the appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below. The actual responses from referral agencies are available upon request.


After reviewing the above stated Special Exception stamped by Richard H. Vogel, L.S. on November 1, 2004, this office has the following comments:

1.         The majority of the site is mapped 66A which has problems with high intermittent water table, very high shrink swell potential, frequent ponding, low bearing capacity, and is a hydric soil. It is rated not suited for a conventional septic system and rated very poor for general development.

2.         The rest of the site is mapped 167B which have a very high shrink swell potential and low bearing capacity. This soil is rated poor for general development and for conventional septic system.

3.         A geotechnical report will be required for any building on the site due to the high to very high shrink swell potential.

4.         A wetland determination will have to be completed due to hydric soils on the site.

Summary and Recommendations:

Staff recommends that the Board of Supervisors consider the Planning Commissionís recommendation for this item.


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

Fauquier County Department of Community Development 

Special Exception Plat

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