applicants are seeking approval of a preliminary subdivision plat
to divide approximately 166.67 acres zoned R-1 (Residential) into
one hundred and three (103) single-family detached lots.
The lots range in size from ±40,010 to ±58,000 square
feet, with most of the lots in the low to mid 40,000 square foot
30% of the site will be retained in open space.
The property is located in the New Baltimore Service
District's Non-Sewered Area, and is proposed for public water
service with individual lot drainfields.
property is located on the southeast side of Route 29,
approximately 4,000 feet north of the intersection of Route 29 and
Route 605. Route 673
is the northern property boundary.
The property is immediately adjacent to the Lake
Whippoorwill subdivision to the west.
On April 25, 2002, the Planning Commission, by a vote of 3 to 2,
denied the preliminary plat based on safety issues associated with
the proposed development's direct access to Route 29 and the
proximity of the lots to Route 29 at the project's entrance.
The dissenting Planning Commissioners had proposed approval of the
plat, subject to the following thirty-five (35) conditions:
final construction plans and record plat shall be in
substantial conformance with the preliminary subdivision plat
prepared by Carson Harris entitled "Jamison's Farm"
dated December 15, 2000, last revised April 9, 2002, and
received in the Planning Office April 10, 2002.
However, the plat may be modified to meet the
conditions of this preliminary plat approval or subsequent
special exception approvals.
Final engineering and environmental analysis shall
determine the final location of the SWM/BMP ponds, active
recreation areas and trail alignment.
approval is for a maximum of 103 single-family residential
to Route 29 shall be as generally shown in alternative 2 or 3
as on Sheet 8 of 8 on the preliminary subdivision plat dated
December 15, 2000, last revised April 9, 2002, and received in
the Planning Office April 10, 2002.
The Virginia Department of Transportation (VDOT) and
the County shall a make final determination on the Route 29
access prior to final construction plan approval.
interparcel connection to the Lake Whippoorwill subdivision
shall be substantially in conformance with the preliminary
subdivision plat revised April 9, 2002, unless the Board of
Supervisors amends that connection.
If the access is amended, the final construction plans
and final plat shall show that connection as amended by the
Board of Supervisors. The
developer shall bond and construct these required interparcel
connection improvements to the common property line with Lake
Whippoorwill, as determined during the final construction plan
applicant/developer shall post a sign that indicates that a
future connection may be made at this location at the
interparcel connection terminus at the Lake
Whippoorwill/Jamison's Farm common property boundary, and the
homeowners' association shall maintain and ensure its
continuous posting until such a connection is made.
The location, sign, materials and wording of said sign
shall be determined by VDOT and the County prior to final
construction plans approval for this section of the
to issuance of the first occupancy permit, the applicants
shall be required to contribute $40,000 into a transportation
escrow account for the signalization of the Baldwin
Street/Route 29 intersection.
to issuance of the first occupancy permit, the existing
highway crossover locations along the applicants' frontage of
Route 29 shall be removed at the applicant's expense as
determined by VDOT at the time of final construction plan
final construction plans and final plat for each phase of the
subdivision shall show the floodplain limits as approved by
the Federal Emergency Management Agency (FEMA) and the County
no instance shall more than 25% of any individual residential
lot be covered with floodplain.
The final subdivision plat may be modified to adjust
lot lines to ensure that no more than 25% of any residential
lot is located within the floodplain.
to final plat approval for any phase of the development that
involves floodplain disturbance, the applicant shall obtain a
special exception to permit the proposed floodplain crossing
as shown on the preliminary subdivision plat and meet all
conditions of SE02-S-19. No fill shall be permitted in the floodplain per
Zoning Ordinance Section 4-405, Permitted Uses, without
special exception approval.
to final construction plan approval for any phase of the
development that involves floodplain disturbance of a
permanent nature, the applicant shall obtain a Conditional
Letter of Map Revision (CLOMR) from the Federal Emergency
Management Agency (FEMA). The applicant shall request a final Letter of Map
Revision (LOMR) within 90 days of completing construction of
the floodplain crossing.
Bonding shall be required to cover the amount of the
LOMR fee, the as-built plans and any other requirements as
outlined in FEMA's CLOMR.
to the issuance of any land disturbing permits for any
sections of this development that impact wetlands or regulated
waterways, the applicant shall submit written evidence
indicating to the County Engineer that the U.S. Army Corps of
Engineers and/or the Virginia Marine Resources Commission has
approved any disturbance within wetland areas or other
minimum of 20% of the required open space shall be located
outside of the floodplain, and a minimum of three (3) acres
shall be so located and shall have dimensions and topography
as to be open space usable for active recreation.
applicant shall work with the Parks and Recreation Department
to address the proposed facilities within the open space
to final record plat approval, the Parks and Recreation
Department shall have the opportunity to review and comment on
the homeowners’ association documents as they relate to the
paved trail locations shall generally follow the alignment as
shown on the preliminary plat prepared by Carson Harris
entitled Jamison's Farm, dated December 15, 2000 last revised
April 9, 2002, and received in the Planning Office April 10,
applicant agrees to and shall grant Fauquier County an
easement along the trail system to be constructed by the
developer and maintained by the homeowners association and
shown on the preliminary subdivision plat.
Further, the developer shall grant Fauquier County an
easement for a future trail connection to Baldwin Street
(Route 673). The
developer and the Fauquier County Parks and Recreation
Department shall determine the exact location of this future
trail easement prior to approval of the final construction
Stormwater Management and BMP facilities shall meet the
requirements of the Northern Virginia BMP Handbook and the
Virginia Erosion and Sediment Control Law.
to final plat and construction plan approval, the applicant
shall submit a detailed landscape plat as required pursuant to
Section 7-600 of the Zoning Ordinance.
non-conventional sewage disposal systems shall have an
operation, maintenance, and monitoring schedule established
and approved by the Health Department and the County Soil
Scientist prior to final construction plan approval.
This operation, maintenance and monitoring
schedule and contract shall be valid for the lifetime of the
Virginia Certified Professional Soil Scientist (CPSS) shall
adjust the Type I Soil Map soil lines onto the final plat.
This shall be done in the field and checked for any
additional soil information to be added to the final scale
signature block shall be placed on this plat for the CPSS to
sign which states:
Soils Information Provided by the Fauquier County Soil
Scientist Office via a Type I Soil Map (1"=400')
Dated August 24, 2000.
Virginia Certified Professional Soil Scientist has field
reviewed and adjusted the preliminary soil information
onto the final plat (1"=???') and certifies that this
is the Best Available Soils Information to Date.
Certified Professional Soil Scientist
information from the Type I soil report for each mapping unit
shown on the above plat shall be placed on the same soil map.
Also a Symbols Legend shall be placed on the plat map
to identify spot symbols.
following two statements shall be placed on the same plat map:
County recommends that no below grade basements be
constructed on soil mapping units 16B, 10B, 110A, 415B, 416B
and 416C due to wetness unless the foundation drainage
system of the structure is designed by a Virginia Licensed
The County recommends that before road or home construction
begins in the soil mapping units 33C, 33D, 33E, 56D and 56E
a site specific evaluation be conducted so that shallow to
bedrock areas are identified. These areas may require
blasting if deep cuts or excavation is done".
plat shall be filed in the front office of Community
Development and used exclusively for obtaining soils
information for this proposed subdivision.
map shall be submitted to the Soil Scientist Office before
final plat approval is made.
road design and construction shall be in accordance with
VDOT's Subdivision Street Requirements manual and VDOT's Road
and Bridge Standards.
trails are to be separated from vehicle lanes.
Shoulder widening to accommodate trails is not
and other construction shall insure drainage water will not
rise higher than 18" below the shoulder of proposed or
existing public roads. At
a minimum, culverts shall be designed to accommodate the
following flood frequencies:
Secondary and Subdivisions Streets
U.S. Route 29
is desirable for all parallel utilities to be placed outside
the street's right-of-way.
However, any parallel utility placement within the
highway right-of-way must be placed on the outer 3 to 5 feet
of the edge of the right-of-way.
Manholes shall not be located in the travel-way of the
from this condition requires prior approval by VDOT and will
only be considered on a case-by-case basis.
within street rights-of-way shall not be credited towards
satisfying Fauquier County's tree canopy requirements.
portions of street rights-of-way shall not be credited towards
open space requirements.
a single entrance on Route 29 is permitted, it shall be
designed and constructed consisting of a right-in/right-out
following conditions shall apply to the Route 29 site
entrance shall be located where desired sight distance can
be achieved in both the Northbound and Southbound direction
of Route 29.
deceleration lane at the entrance location shall be
the developer's responsibility with lengths determined prior
to final construction plan approval.
This shall be in addition to lane extensions
associated with Route 673 (Baldwin Street) access.
right-of-way in the vicinity of the entrance shall be
dedicated for the purpose of entrance construction.
entrance shall not be constructed prior to the issuance of
the fiftieth (50th) occupancy permit.
lanes at the nearest median breaks may need to be improved to
accommodate u-turn traffic movements.
The exact scope of this work shall be determined during
the final construction plan review and the design and
construction of these improvements shall be the
applicant shall design and construct turn lane improvements at
the Baldwin Street (Route 673) intersection, as required by
fifty-(50') foot strip between the proposed Route 29
right-of-way dedication, which totals twenty-five (25) feet
and any rear lot line of lots 98 – 103 shall be indicated
during the final construction plan design.
The lot and road configuration in this section of the
development may be modified to accommodate the inclusion of
this 50-foot strip. This
area shall remain in its natural state or be cleared for the
first fifteen (15') feet from the Route 29 right-of-way
the fifteen feet immediately adjacent to the rear of lots
98-103, the developer shall construct a landscaped berm.
This landscaped berm shall be in addition to the
landscaping/tree canopy required by Article 7 of the Zoning
Ordinance, Tree Canopy, Landscape and Buffering Requirement.
The details of the landscaping for the berm shall be
approved by the County as part of the final construction plan
approval and will include a mix of evergreen, deciduous, and
understory flowering trees as well as a mix of shrub material.
No permanent structures, including stormwater
management facilities shall be permitted within the first
fifteen feet of this 50-foot strip. The developer may locate a subdivision sign as part of
a landscape feature, as permitted by the Zoning Ordinance,
beyond the first fifteen feet.
conditions provide an option for either direct access to Route 29
or for an interparcel connection to Red Oak Court in the Lake
Whippoorwill subdivision. The
adjoining property owners in the Lake Whippoorwill subdivision
have filed a special exception amendment application to remove the
condition for an interparcel connection at Red Oak Court.
This special exception amendment application is scheduled
for public hearing at the Board's June meeting.
proposal has two access points:
one onto Route 29 and the second connects to Route 673.
Therefore, one condition includes a $40,000 contribution toward a
signal at the Route 29/Baldwin Street intersection.
The proposed development has direct access to Baldwin
Street (Route 673) near its intersection with Route 29.
Due to project proximity to Route 29 traffic, buffering
homes from its noise and lighting impacts becomes important.
As a result of that County concern, the applicant has
agreed to provide a fifty-(50') foot strip from the right-of-way
dedication for Route 29 and the rear lot line of six (6) lots in
proximity to the proposed Route 29 entrance.
This 50-foot strip will include a landscaped berm, which is
in addition to the landscape and tree canopy requirements.
recommends that the Board of Supervisors approve the plat, subject
to the conditions proposed by the dissenting Planning
note that Section 9-7 of the Subdivision Ordinance requires that
“…all preliminary plats acted on by the Planning Commission
shall be referred to the Board of Supervisors at its next
regularly scheduled meeting.
If the Board takes no action on the preliminary plat
referrals, the preliminary plat shall be deemed approved or denied
in accordance with the action of the Planning Commission.”
application was originally filed in December 2000, and has been
before the Planning Commission at numerous meetings due to
revisions on requested postponements.
Staff reports for those meetings are available upon