Surrounding Zoning and Current Land Use:
the north is zoned a combination of Industrial (I-1) and
Residential (R-1) and is a mixture of vacant and
residential. Property to the south is zoned Agricultural
(RA) and is a combination of vacant and residential, to the
east is zoned Industrial (I-1 and I-2) and Agricultural (RA)
and is mostly vacant, with some small businesses. Property
to the west is zoned a combination of Agricultural (RA) and
Residential (R-1) and is mostly vacant.
Comprehensive Plan/Land Use:
These properties are located
within the Midland Service District and are planned for
industrial purposes. The Fauquier County Comprehensive Plan
recognizes the airport “as an asset to the Service District
as air passenger and cargo services grow in importance.”
The airport is an important economic development tool that
requires continual planning, improvement and development in
order for its full benefit to be realized. Midland has been
planned for a significant amount of industrial and warehouse
use. The area is currently more industrial than residential
in terms of land use activity. Since the County has
acquired the airport, its refurbishment has heightened the
interest in industrial growth for Midland. The vision for
the area surrounding the airport is focused on
commercial/industrial uses. The plan indicates the
following goals: achieve the development of clean
industries near the airport; provide buffers between
industrial uses and other uses; and concentrate industrial
uses in appropriate locations.
2002 Midland Village Service District Plan outlines how
Midland faces severe growth constraints due to the lack of
public sewer and growing health problems caused by failing
drainfields and the general unsuitability of the soils to
support such systems. The 2002 plan outlines a Midland
Sewer Priority Area (See Attachment 7, Map 6.6H) that
includes the 2002 airport boundaries as well as the
historical core of the Midland Community. (Staff estimates
that there are approximately 31 structures, including both
residential and commercial buildings located within the
sewer priority area.)
Village Service District Plan is currently being updated.
The draft plan recommended by the Planning Commission
slightly reduces the 2002 Midland Sewer Priority Area map.
These two parcels are still within the draft sewer Priority
Area. The successful implementation of the sewer
prioritization plan is premised on the previous Special
Exception condition requiring the Board of Supervisors to
develop an allocation plan prior to an increase in capacity
beyond the 8,800 gallons per day.
Land Use Map
Special Exception Analysis:
standards seek to ensure that the requested use does not
adversely affect neighboring properties. This proposal does
not appear to adversely affect neighboring properties.
Additional Submission Requirements (for Category 20 Uses)
In addition to the submission requirements set forth in
Section 011 above, all applications for Category 20 uses
shall be accompanied by the following:
Four (4) copies of a map showing the utility system
of which the proposed use will be an integral part, together
with a written statement outlining the functional
relationship of the proposed use to the utility system.
This was provided with the original Special Exception and
has been included as Attachment 8. The system’s increased
capacity will allow the option for others to connect if they
are in the Sewer Service Priority Area previously referenced
(Map 6.6H in the Comprehensive Plan).
2. Four (4) copies of a statement, prepared by a
certified engineer, giving the basic reasons for selecting
the particular site as the location for the proposed
facility and certifying that the proposed use will meet the
performance standards of the district in which located.
This was provided with the original Special Exception.
Standards for All Category 20 Uses
In addition to the general standards set forth in Section
006 above, all Category 20 special permit and special
exception uses shall satisfy the following standards:
1. Category 20 special permit and special exception
uses shall not be required to comply with the lot size
requirements or the bulk regulations set forth for the
zoning district in which located in Part 4 of Article 3.
However, such requirements may be established in the
conditions under which such a special permit or special
exception is granted. Meets lot size requirements and
2. No land or building in any district other than
the Industrial Districts shall be used for the storage of
materials or equipment, or for the repair or servicing of
vehicles or equipment or for the parking of vehicles, except
those needed by employees connected with the operation of
the immediate facility. None of the uses above are part
of this application.
3. In all zoning districts, other than the I-2
District, all equipment, machinery, and facilities not
located within an enclosed building shall be effectively
screened. The application does not include equipment or
machinery, only drainfields.
4. If the proposed location of a Category 20 use is
in a Residential District there shall be a finding that
there is no more suitable site available for such use in a
Commercial or Industrial District, except that in the case
of electric transformer stations and telephone and telegraph
exchanges or dial centers, there shall be a finding that
there is no alternative site available in a Commercial or
Industrial District within distance of one mile, unless
there is a substantial showing that it is impractical for
satisfactory service to be rendered from an available
location in such Commercial or Industrial District. This
is the only site where drainfields could be located by a
Professional Soil Scientist, certified by the Health
Department, and function in conjunction with the current
system located at the airport.
5. A special exception for a private individual
sewage treatment system which discharges into an open ditch
or water, shall be allowed only to replace an existing
sewage system which is presently serving an existing use.
That existing sewage system must have failed and have been
certified by the Virginia Department of Health to pose a
real or potential health threat and a discharging sewage
treatment system is the only alternative for the repair. In
approving such a system the Board may establish conditions
including but not limited to use, maintenance, and testing.
No discharge proposed by the applicant.
6. Notwithstanding 5-2002.5, above, a private
individual sewage treatment system which discharges into an
open ditch or water may be approved in the RA/Rural
Agriculture zoning district for a farm supply establishment
where the standards listed below are met:
a. The system is operated under the control of a
Class III, or higher, wastewater operator which holds a
current permit licensed in the State of Virginia.
The system processes less than 1,000 gallons per day.
The Board finds such system to be the only viable
option for the particular site.
In approving such a system, the Board may establish
conditions including but not limited to use, maintenance,
testing, and reporting.
The system has a permanent maintenance and monitoring
agreement from a state licensed laboratory, company, or
business to do maintenance and monitoring in the state and
No discharge proposed by applicant.
Staff and Review Agency Comments:
A site plan is required for this use per
Zoning Ordinance Section 3-320.7. The applicant will
follow through with the Zoning Office following approval of
the Special Exception amendment to see what type of site
plan would be required.
The following Zoning Ordinance standards are
5-006 General Standards;
5-2001 Additional Submission Requirements
(for Category 20 Uses);
5-2002 Standards for All Category 20 Uses.
Zoning Staff defers to Planning Staff the assessment of
standard compliance. These standards are met (see
Staff would recommend that the amended special
exception clearly indicate the properties eligible for
service by the proposed facility expansion, as this is not
clearly defined in the existing permit. The applicant
has provided a list of current users (Attachment 5). Any
new users will have to be part of the Service Priority Area
outlined in the Comprehensive Plan (Map 6.6H) as required by
a proposed Special Exception condition.
reserve areas on PIN #7900-51-6351 were approved by the
Health Department on September 9, 2008 and thereby relieve
the owner of the previous conditions pertaining to the
issuance of a discharge permit in order to meet the 100%
A responsible operator on-site daily and available to
evaluate the system periodically throughout the day and make
minor adjustments as needed could be considered in lieu of a
Class IV Operator on-site four hours per day. The operator
should possess the knowledge to recognize significant
maintenance issues that warrant contacting a Class IV
Operator for emergency assistance (i.e., the Service
The number of hours per day the system requires
monitoring may be tailored according to the reliability of
Quarterly effluent samples should be collected for
Total Nitrogen, BOD, and TSS, and the results submitted to
the Health Department as they become available.
Effluent flow should be estimated monthly and
submitted quarterly for review. If an actual meter is not
in place, flow may be estimated using the control panel to
determine the number of pumping events and then calculating
based on the dosing gallons. The design flow should be
amended from 4,350 to 8,800 gallons per day.
2003 Condition #6, the requirement for an on-site back-up
energy supply, our office would not object to the removal of
this condition provided that a sufficient portable generator
could be provided on-site within 4 hours of power failure.
This time period is based on the estimated storage volume
available in the treatment unit dosing tank with the system
operating at full capacity (8,800 gpd). These items have
been included in the recommended conditions of approval. As
originally planned, the system was designed with a capacity
of 8,800 gpd although the Health Department has noted that
the engineering specifications for the system reference
8,700 gpd. The cap will be left at 8,800 gpd as requested
by the applicant; staff feels confident that any required
final engineering could easily accommodate an additional 100
Engineering and Soil Scientist’s Office had no comment. The
Fauquier County Water and Sanitation Authority sent a list
of proposed conditions dated January 21, 2009 (Attachment
Commission Summary and Action of October 30, 2008:
Commission discussed this item at its work session. The
Cedar Run Commissioner expressed concern that WSA had not
taken over the system as required by the Board of
Supervisors in 2003 when they approved the Special Exception
allowing the wastewater treatment system. A public hearing
was held and no one spoke other than the applicant. The
Planning Commission voted unanimously to postpone action on
the item and leave the public hearing open. Planning
Commissioners stated that they would like to look at the
system and would like to talk with the Fauquier County Water
and Sanitation Authority (WSA) about the cost of bringing
the system to WSA’s standards.
Planning Commission Summary and
Action of December 10, 2008:
Commission discussed this item at its work session. Many of
the Commissioners expressed concern that the system had not
been turned over to WSA as required by previous conditions
of approval as well as concerns related to groundwater. A
public hearing was held at which one member of the public
spoke. Merle Fallon, Esq., stated that if the county
chooses to modify this Special Exception then the county
should allow others to do so as well. The Planning
Commission voted four to zero (Marshall Commissioner absent)
to postpone action on this item and leave the public hearing
Commission Summary and Action of January 29, 2009:
The Planning Commission discussed
this item at its work session. Many of the Commissioners
expressed concerns related to ownership, groundwater, and
monitoring. A public hearing was held without any
speakers. The Planning Commission voted five to zero to
postpone action on this item and leave the public hearing
Commission Summary and Action of February 26, 2009:
Commission discussed this item at its work session. A
public hearing was held without any speakers. The Planning
Commission unanimously voted to forward the application to
the Board of Supervisors with a recommendation of approval,
subject to conditions.
Summary and Recommendation:
If the Board of Supervisors wishes
to approve the Special Exception Amendment, the Planning
Commission’s recommended conditions of approval are included
in Resolution 1. The Planning Commission recommended
conditions require a discharge permit, in addition to the
reserve drainfield. The Planning Commission recommended
conditions also require that ownership of the WWTP be
transferred to the WSA.
An alternate set of conditions has
been developed in conjunction with the Virginia Department
of Health and these are included in
Resolution 2. The
alternate conditions do not require the discharge permit.
The alternate conditions require the County to contract with
the WSA for the operation and maintenance of the WWTP, but
the conditions do not require the WSA to own the WWTP.
Requested Action of the Board of
Conduct a public hearing and
consider adoption of one of the attached resolutions.
Resolution 1 contains the Planning Commission’s recommended
conditions of development. Resolution 2 provides an
alternate set of conditions that have been developed in
conjunction with the Virginia Department of Health.
Identify any other Departments,
Organizations or Individuals that would be affected by this