Board of Supervisors Meeting Date:

Mermah Payandeh

 May 10, 2007


Staff Lead:



Bonnie Bogert, Planner II

Community Development


Magisterial District: 






A Resolution to Approve or Deny a Waiver Allowing a Private Street that Does Not Connect Directly to a State Maintained Street, Marshall District


Topic Description: 

The owner is seeking a waiver of Zoning Ordinance Section 7-302.1.A.2, Limitations, which would allow a subdivision on a private street that does not connect directly to a State maintained street. The subject parcels are accessed by Apple Manor Road, Audubon Trail, and Orchard Hill Lane, all of which are existing private roads. The applicant is proposing to divide three (3) of the four (4) subject parcels into eight (8) large lots of no less than fifty (50) acres. As proposed, Orchard Hill Lane would need to be extended to provide the required frontage to three (3) of the new parcels, and Audubon Trail will provide access to three (3) of the new parcels. Orchard Hill Lane connects to Audubon Trail (private street), which connects to Apple Manor Road (private street) that connects to Leeds Manor Road (Route 688). As illustrated above, Orchard Hill Lane and Audubon Trail do not connect directly to a state maintained street today, thus providing the need for this waiver request.

The properties are zoned Rural Conservation (RC) and in total have the subdivision potential to be divided into nineteen (19) lots, but are restricted under the terms of a Virginia Outdoors Foundation (VOF) easement. The properties are located on the east side of Leeds Manor Road (Route 688).

The applicant’s justification is included as Attachment 1. Attachment 2 illustrates the access to the proposed lots.


Planning Commission Action:

On June 29, 2006, the Planning Commission unanimously recommended denial of the applicant’s request for a waiver of Section 7-302 1.B. of the Zoning Ordinance. The Planning Commission staff report is available upon request.

Project Update:

On August 10, 2006, the applicant requested that the Board of Supervisors postpone the consideration of this waiver. On March 8, 2007, a Zoning Ordinance Text Amendment of Section 7-302 was approved by the Board of Supervisors. Section 7-302 now includes factors that the Board may consider in the review of modification requests such as these. Revised Section 7-302.1.A.2, which now states the following: “…the private street must connect directly to a state maintained street. In reviewing applications for a waiver of this limitation, the Board may consider as an additional factor in granting such waiver the development limitations which are imposed on the subject property because the proposed division is either (1) a family transfer pursuant to §2-39 of the Fauquier County Subdivision Ordinance, or (2) a large lot subdivision pursuant to §2-310 of this Ordinance provided that the parent property is subject to a conservation easement held by a body politic or a political subdivision of the State.”  Based on this new factor, the Board may wish to grant the waiver as the property is subject to a conservation easement held by VOF.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.


Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:



1.      Statement of Justification

2.      Proposed Lot Layout

3.      Resolution to Deny

4.      Resolution to Approve

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