BOARD OF SUPERVISORS PUBLIC HEARING REQUEST
Board of Supervisors Meeting Date:
Robert C. Counts and Community Development
Service District: Warrenton * 6974-45-6306-000, and a portion of
* This agenda item includes a Comprehensive Plan Amendment initiated by the Board of Supervisors. If approved, it will extend the Service District Boundary to include the referenced property.
ORDINANCE APPROVING RZ03-M-09 - THE REZONING OF APPROXIMATELY 80 ACRES,
IDENTIFIED AS PIN: 6974-45-6306-000 AND A PORTION OF
6974-62-2223-000 (THE SUBJECT PROPERTY) FROM R-A
A RESOLUTION INITIATING AN
AMENDMENT TO THE WARRENTON SERVICE DISTRICT COMPREHENSIVE PLAN
- The rezoning of approximately 80 acres from R-A to R-1;
– A Board initiated Amendment to the Comprehensive Plan to permit:
The creation of a municipal park
and a municipal boundary adjustment of the Town of
The clustering of certain
permitted development just to the west of this park,
The extension of the Warrenton
Service District to bring public water and sewer utilities to these two
The placement of the farmland
balance in a perpetual easement.
The proposed Rezoning and
Plan Amendment reflect a series of planning discussions that have been
ongoing for more than a year. These discussions have involved
In addition to other land
use determinations, these discussions resulted in an agreement between the
van Roijen family and the Town of
This strategy and the
related agreements are predicated on the County’s agreement to extend
the Warrenton Service District Boundary and rezone the Subject Property by
Land Area, Location and Zoning:
These areas and proposed uses are shown in the following plan graphic.
Rezoning and Comprehensive Plan Amendment
Neighboring Zoning/Land Use:
The entire property is currently in agricultural use. It is surrounded by land in the RA Zoning District that, with the exception of some large lot residential development to the north along Route 680, is also in agricultural use.
Action Requested of the Board of Supervisors:
Conclude the public hearing and take action on
RZ03-M-09 and CPA03-M-10.
and 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.
additional 65-acre parcel is to be conveyed to the Town of
The Engineering Division has reviewed this proposed rezoning and provided the following comments:
1. BMP’s will be required for this site.
2. Major drainage swales, steep slopes, and existing wetlands should be protected to the maximum extent possible.
3. Placement of fill in the floodplain will require a special exception.
VDOT may request right-of-way dedication along
5. No direct access from the residential component to Route 211 should be allowed.
6. If the SWM facility is constructed in the location shown, the tree cover in the buffer will be affected.
After reviewing this proposal the County Soil Scientist provided the following comments:
1. The dominant soil types on this parcel will support this type of proposed land use change.
Many of the soil types on this eighty (80) acre parcel would
3. If this rezoning request is approved, it is highly recommended that a Type I Soil Map be obtained from this office. This action would aid greatly in designing infrastructure and providing optimum building lots and pad sites.
4. The applicant should state the source and original scale of the soil information provided. The source of interpretive information for each mapping unit, obtained from the “Interpretive Guide to the Soils of Fauquier County, Virginia, 4th Edition—2002” should also be shown.
The VDOT Warrenton Residency staff reviewed this rezoning proposal and provided the following comments:
1. VDOT is requesting a proffer be incorporated that restricts the access on Route 211 to the one proposed street intersection shown on the above referenced plan. Any additional entry points would need to meet the minimum required separation for entrances and be able to achieve the minimum required sight distance.
2. Additional information is needed on the proposed traffic calming measures at the intersection to the subdivision and park entrance. Any proposed traffic calming would need to be in conformance with VDOT standards in order to accept this street into the Secondary System of State Highways.
The right-of-way may need to be greater than 50 feet to
accommodate the road design.
VDOT recommend right-of-way be
dedicated along the entire frontage on Route 680 to accommodate a 50-foot
part of the proposed rezoning, the applicant has offered a number of
proffered conditions. The following is a summary of those conditions. The
full Proffer Statement is included in this report as Attachment 1
(Note: the Officially Signed
Proffer Statement is available in the Department of Community Development
for public inspection).
Residential development on
the Property shall not exceed 41 dwelling units.
Single family detached lot
sizes shall be no less than the minimum required for the R-1 zoning
classification, and may be developed as conventional or clustered lots, in
conformity with the requirements of the Ordinance.
The development shall retain
not less than the minimum open space as required for a clustered or
A 150-foot buffer shall be
preserved on the southernmost Property line measured from the edge of
existing right-of-way of Route 211, as generally depicted on the
A 100-foot buffer shall be
preserved along the northern and western Property lines, measured from the
existing Property line, as generally depicted on the Development Plan.
The Applicant shall further
maintain a conservation buffer on the Property as otherwise provided in
WATER AND SEWER
The Property shall be
connected to Town public water and sewer, at the Applicant’s expense.
CREATION OF HOMEOWNERS'
A homeowners’ association
(“HOA”) shall be created and shall be made responsible for the
maintenance and repair of all common areas, including any common open
space which may be established in accordance with the requirements of the
County Zoning Ordinance or these proffers.
The HOA shall be granted such other responsibilities, duties, and
powers as are customary for such associations, or as may be required to
effect the purposes for which such HOA is created.
Such HOA shall also be granted sufficient powers, as may be
necessary, by regular or special dues or assessment, to raise revenues
sufficient to perform the duties assigned hereby, or by the documents
creating the Association.
In addition to any other
duties and responsibilities as may be assigned to it, the HOA shall have
title to and responsibility for (i) all common open space areas not
dedicated to public use in accordance with these proffers and (ii) any
common buffer areas located outside of residential lots.
It shall also have (iii) responsibility for the perpetual
maintenance of any entrance feature (subdivision) signs, street, and
perimeter or road buffers located within any easements for those purposes
to be granted to the HOA.
Subject to review and
approval by the Fauquier County Department of
The Applicant shall enter
into a separate agreement with the Town of
Subject to review and
approval by the Fauquier County Department of Community Development and
the Virginia Department of Transportation ("VDOT"), a
traffic-calming device shall be installed on the said future access road
at the point of a shared entrance to the Town’s proposed recreation
facility on its adjacent land.
The Applicant shall further
maintain on the Property a 250 foot conservation buffer along the common
property boundary with the Town; provided that this buffer area shall
encompass, and shall not be in addition to, any area to be dedicated or
reserved for public street purposes pursuant to these Proffers.
Primary access to the
development shall be restricted to a single entrance from the proposed
50’ access road.
A controlled emergency access
fitted with a gate or other control feature acceptable to the Office of
Emergency Services shall be provided in a suitable location at the
Property line and
Within one year (1) year of
completion of a realigned Route 211 median break necessary to accommodate
the aforesaid access road, as generally depicted on the Development Plan,
the Applicant may connect to a relocated farm entrance road constructed by
others, so as to align that entrance with the said median break.
This relocation to the said median break shall be accomplished in
order to permit the Applicant to continue agricultural and silvicultural
activities on its retained Property. The
Applicant may continue, in its discretion, to use the existing farm road
Any additional road
improvements that may be necessitated by the development of the property
shall be determined at the time of final subdivision approval for that
In the event that development
is initiated on the Property before the Town commences construction of a
road in the right-of-way to be dedicated for public street purposes
hereunder, the Applicant shall construct so much of that road as is
reasonably necessary to provide access to Old Waterloo Road in substantial
conformity with such access as depicted on the General Development Plan,
and subject to VDOT’s approval of plans therefore.
Plans for such access shall be approved and bonded prior to the
issuance of the first residential occupancy permit for the Property.
St. Leonard’s Farm, Inc.
shall convey to the Virginia Outdoors Foundation (“VOF”), or such
other conservation organization as may be deemed mutually agreeable by the
Board and the Applicant, a conservation easement for approximately 800
acres more or less of the Applicant’s Property located in Fauquier
County and not including any land to be conveyed to the Town of Warrenton,
on the south side of Route 211, which is to be retained by the Applicant
and which is not the subject of this rezoning application.
The Applicant shall be entitled to subdivide the 800 acres into no
more than eight (8) lots. The
grant of such easement shall be contingent upon the rezoning of the
Property as applied for, and shall be recorded within one (1) year from
the Final Rezoning of the Property but in any event prior to the
subdivision of any of the forty one (41) lots permitted under Section 1.1
above. The conservation
easement shall be in a similar form and content to that approved by the
Virginia Outdoors Foundation (VOF) and attached hereto, and shall be
recorded among the land records of
Summary and Recommendation:
The proposed Rezoning and
Comprehensive Plan Amendment provide a viable means for both the County
and the applicant to achieve key land use objectives. For the applicant,
the rezoning and the associated amendment to the Comprehensive Plan
retains by right development rights while preserving the maximum amount of
open space possible by bringing public utilities to the site and
eliminating the need for well and septic development that would require
much more land. For the County, this proposal focuses the applicant’s
development in a way that does not increase the by right density, and
achieves a long-standing objective of permanently preserving green space
around the Town of
Commission’s hearing on these actions was scheduled for