Board of Supervisors Meeting Date: 

W.C.L. Jamison and Thelma H. Jamison, Trustees


May 20, 2002

Staff Lead:


Elizabeth A. Cook, Chief of Planning

Community Development



The 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 range.  Approximately 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. 

The 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: 

  1. The 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.
  1. This approval is for a maximum of 103 single-family residential lots.
  1. Access 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.
  1. The 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 process.  The 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 development.
  1. Prior 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.
  1. Prior 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 review.
  1. The 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 Engineer. 
  1. In 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.
  1. Prior 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.
  1. Prior 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.
  1. Prior 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 regulated waterways.
  1. A 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.
  1. The applicant shall work with the Parks and Recreation Department to address the proposed facilities within the open space areas.
  1. Prior 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 recreational facilities.
  1. 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, 2002.
  1. The 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 plans.
  1. All Stormwater Management and BMP facilities shall meet the requirements of the Northern Virginia BMP Handbook and the Virginia Erosion and Sediment Control Law.
  1. Prior 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.
  1. All 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 system.
  1. A 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 plat map.
  1. A signature block shall be placed on this plat for the CPSS to sign which states:


Preliminary Soils Information Provided by the Fauquier County Soil Scientist Office via a Type I Soil Map (1"=400') Dated August 24, 2000.


This 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.


Va. Certified Professional Soil Scientist                                                                        DATE
CPSS #3401-_________________


  1. Interpretive 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.
  1. The following two statements shall be placed on the same plat map:
    1. "The 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 Professional Engineer".
    2. " 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".
  1. This plat shall be filed in the front office of Community Development and used exclusively for obtaining soils information for this proposed subdivision.
  1. This map shall be submitted to the Soil Scientist Office before final plat approval is made.
  1. All road design and construction shall be in accordance with VDOT's Subdivision Street Requirements manual and VDOT's Road and Bridge Standards.
  1. Pedestrian trails are to be separated from vehicle lanes.  Shoulder widening to accommodate trails is not recommended.
  1. Road 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               10-year
    U.S. Route 29                                                   5-year
  1. It 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 street.  Deviation from this condition requires prior approval by VDOT and will only be considered on a case-by-case basis.
  1. Trees within street rights-of-way shall not be credited towards satisfying Fauquier County's tree canopy requirements.
  1. Unpaved portions of street rights-of-way shall not be credited towards open space requirements.
  1. If a single entrance on Route 29 is permitted, it shall be designed and constructed consisting of a right-in/right-out configuration.  The following conditions shall apply to the Route 29 site entrance:
    1. The entrance shall be located where desired sight distance can be achieved in both the Northbound and Southbound direction of Route 29.
    1. A 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.
    1. Additional right-of-way in the vicinity of the entrance shall be dedicated for the purpose of entrance construction.
    1. The entrance shall not be constructed prior to the issuance of the fiftieth (50th) occupancy permit.
  1. Turn 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's/developer's responsibility.
  1. The applicant shall design and construct turn lane improvements at the Baldwin Street (Route 673) intersection, as required by VDOT.
  1. A 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 dedication.  Within 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.

These 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.   

The 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. 

Staff recommends that the Board of Supervisors approve the plat, subject to the conditions proposed by the dissenting Planning Commissioners.  Please 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.”   

This 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 request.  


Requested Action of the Board of Supervisors: 


Staff recommends that the Board of Supervisors approve the preliminary plat, subject to the conditions contained in the resolution of approval, which is included as Attachment 1.  No action will confirm the Planning Commission's denial of the plan. 


Attachment 1:  Resolution 

Attachment 2:  Preliminary Plat

Proposed Preliminary Subdivision Conditions