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Location, Zoning and
Current Land Use:
The subject properties are
located at the southwest corner of Atlee Road/Frytown Road
(Route 674) and Cedar Run Drive (Route 1405) and are zoned
Residential (R-1).
Zoning Map
Surrounding Zoning and
Current Land Use:
Adjoining parcels in all
directions are also zoned Residential (R-1) and are in
residential use or undeveloped. Adjoining parcels to the
north are designated as Existing Residential in the
Warrenton Service District Plan. Properties to the south are
outside of the Service District and thus designated rural.
Land Use Map
Service
District Map
Site
Suitability/Environment:
A portion of the western
edge of the subject parcels is located within the Floodplain
District.
Community Facilities:
This area is included in the
Fauquier County Connections Plan as integral to the future
trail network to the County. The Plan shows a trail running
adjacent to Academy Hill Road.
Staff and Review Agency
Comments:
Staff
and appropriate referral agencies have reviewed this request
for conformance with the Comprehensive Plan, the Zoning
Ordinance, and other relevant policies and regulations.
Findings, comments, and recommendations are summarized
below. Following each comment is a staff note in italics
stating how the comment has been or will need to be
addressed.
Planning Division
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There is no indication
in the submitted application as to which maps and/or
text are being requested to be revised as part of this
Comprehensive Plan Amendment. (Staff noted this
requirement at the Pre-Application meeting on February
24, 2009.) Based on staff analysis, the request should
at a minimum include revisions to the land use and
utilities maps. It would be staff’s suggestion that the
appropriate land use category could be Greenway.
Greenway is defined as indicating the clustering of
residential uses on a tract in order to permit the
creation of a County path linkage or open space/park to
pass through the tract. The Greenway category represents
a residential density ceiling for the tract, such as one
(1) dwelling unit per acre. It is staff’s further
suggestion that these parcels be designated in the non-sewered
portion of the Service District and designated as being
served by FCWSA water service. The maps that would need
to be amended should this amendment be approved are
Figure 6-WA-1 (Land Use Plan), Figure 6-UT-1 (Sewer
Service Area) and Figure 6-UT-2 (Water Service Area).
The Applicant provided a
response to this comment by stating that the request is to
have the subject parcels be designated as Existing
Residential. However, these parcels do not make up Existing
Residential development. As for Figure 6-UT-1 (Sewer Service
Area), the Sewer Service Area Map is requested to be amended
to include the property in the Non-Sewered portion of the
Service District. Figure 6-UT-2 (Water Service Area) should
be amended to show these properties as being served by FCWSA
water service.
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The Statement of
Justification indicates that including the referenced
properties in the Warrenton Service District will
“materially improve lot layout, preferred home sites and
the retention of more natural open space, thereby
greatly benefitting the aesthetics of the surrounding
community.” It is unclear from the materials submitted
how this will be accomplished. If in fact the lot layout
is to change substantially, this could result in the
need to amend the approved Preliminary Plat for Cedar
Mill Subdivision.
The Applicant provided a
response to this comment stating that there will be no major
changes to the lot layout that would warrant an amendment to
the Preliminary Plat. The applicant has also indicated that
they will not seek to increase the number of lots proposed
per the approved Cedar Mill Preliminary Plat.
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This area is included in
the Fauquier County Connections Plan as integral to the
current/future trail network of the County. Staff noted
this to the applicant at the Pre-Application meeting on
February 24, 2009 and at a subsequent meeting on April
14, 2009. Staff requested an additional 15’ of
right-of-way dedication along Academy Hill Road, and
also that the applicant consider clearing and grading
that right-of-way area so that the trail can be
installed by the County at the appropriate time.
The Applicant provided a
response that they will consider the possibility of
assisting the County with clearing the right-of-way area so
that the trail can be installed by the County at a later
date.
Zoning Division
Zoning Staff notes the
following comments:
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The application
materials do not address whether the property is to be
located within the sewered or non-sewered portion of the
Service District if the amendment is approved. Zoning
staff presumes the intent is to be non-sewered, as the
existing plan utilizes drainfields and the Town of
Warrenton has no plans to serve the development. Any
Comprehensive Plan Amendment should clarify the non-sewered
status so that a special exception for individual septic
systems on lots is not required pursuant to Section
7-502.2(2b).
The Applicant has
confirmed in a written response to comments that they wish
to be in the non-sewered portion of the Service District.
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The application states
that “including the property within the WSD will
materially approve lot layout, preferred home sites and
the retention of more natural open space, thereby
greatly benefitting the aesthetics of the surrounding
community,” suggesting that the applicant intends to
revise the Preliminary Plat if the Comprehensive Plan
Amendment is approved. The applicant should be aware
that an amended Preliminary Plat will have to comply
with the recently revised Section 7-450, which limits
the length of a dead-end street to 700 feet within
Service Districts and 1,320 feet outside service
districts. The current street layout as shown on the
Preliminary Plan meets the 1,320 foot limit for
properties located outside service districts but not the
700 foot limit for inside service districts.
Information for the
Applicant. The Applicant has indicated in a written response
to comments that they do not intend to substantially revise
the lot layout from what is on the approved Cedar Mill
Preliminary Plat.
Technical Division-Soils
Findings:
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The applicant does not
show that the reduction in drainfield reserve
requirement resulting from the Comprehensive Plan
Amendment will result in substantial benefit for
Fauquier County. Substitution of conventional
drainfields for alternative drainfields does provide a
reduced cost of installation and operation for the
future homeowners. There is a slight reduction in
oversight by the Health Department; however, that cost
is generally compensated by increased fees for
permitting alternative drainfields. The conventional
drainfields require more installation area than the
alternative drainfields, so I do not understand, nor do
the submitted plans demonstrate, how the change in
reserve requirement will improve the siting of the
houses and the layout of the subdivision or reduce the
number of trees that will be removed from the site.
Additional Information
Needed:
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The applicant needs to
show that the reduction in drainfield reserve
requirement resulting from the Comprehensive Plan
Amendment will significantly improve the layout of the
subdivision and/or siting of the houses in such a way to
improve the quality of the subdivision and increase the
preservation of the environmental features of the site.
The applicant should clearly demonstrate how the
approval of this Comprehensive Plan Amendment poses a
significant benefit to Fauquier County.
The applicant provided a
written response to these comments which indicates that the
benefits for Fauquier County are multifaceted. The first
benefit noted is that the maintenance and operation costs of
conventional drainfields are less than that of alternative
systems, which would provide a benefit for the future
homeowners of these lots. The applicant further contended
that including these parcels within the Service District
would allow for a mix of conventional and alternative
drainfields, which would improve the siting of homes and
driveways, and would allow the applicant to reserve
additional trees and open space.
Staff would like to note
in response to this that conventional drainfields
traditionally occupy more surface area than alternative
drainfields, so staff is unsure how preserving additional
trees and open space would be possible, if a greater number
of conventional drainfields are installed.
Technical Division-Engineering
Findings:
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The County has the U.S.
Army Corps of Engineers (USACE) jurisdictional
determination for these properties and it indicates that
wetlands are present.
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There are two (2)
natural channels that should be protected to the maximum
extent possible. One channel discharges into Cedar Run
at the southeast corner of the property and runs for
1200’ almost due north toward the intersection of Atlee
Road and Frytown Road. The other channel runs from the
property line at the west end of the existing C&P
Telephone Company easement (near the wetlands), almost
due north toward Atlee Road. These channels should be
avoided when developing houses and roads.
Both Findings 1 and 2 are
for informational purposes only.
Parks and Recreation:
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Park land dedication –
Using state standards of 10 acres of local parkland per
1,000 population, and a projection of 43 units x 2.89
persons per unit, this equates to a need of
approximately 1.24 acres of parkland. For this project
the department is requesting a trail. (See below.)
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Recreational facilities
– County standards are defined for recreational
facilities.
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Location of facilities –
the department is requesting that a trail, adjacent to
Academy Hill Road, be provided in a 15 foot wide
parcel. The existing road right-of-way is to be cleared
and graded for use as a temporary trail.
The suggested trail is
part of the Connections Plan, an adopted component of the
Comprehensive Plan.
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Facility quality – the
department would strongly urge that any facilities
constructed conform to any existing departmental design
standards in order to assure their long-term usefulness.
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Future viability – the
department requests an opportunity to review and comment
on the covenants of the homeowners association (HOA) to
provide for continued maintenance of the recreational
facilities, limited usage by the department, etc. HOA
requirements should not apply to the department.
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The department would
also like to recommend that issues related to ownership,
construction, maintenance, etc. for any recreational
facilities and related open space be resolved prior to
plat approval.
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Recreation facilities
should be constructed as part of the development site
work, not during construction of the actual residences.
Comments 4-7 are information
for the applicant.
Planning Commission Summary
and Action of April 30, 2009:
The Planning Commission
discussed this item at its work session and held a public
hearing on this item. One member of the public spoke in
opposition to this application, citing that this request
provides no benefit to the County. The Planning Commission
found that the materials submitted did not support the
contention that the layout of the subdivision lots would be
improved, and unanimously voted to recommend denial of this
Comprehensive Plan Amendment.
Summary and Recommendation:
Staff believes there is not
enough supporting information with this application to
substantiate this request. The applicant noted in their
statement of justification that lot layout would be
improved, but when asked for more detailed information, the
applicant indicated that they would not be revising the
approved Preliminary Plat, and has not provided information
on how home siting would be improved or how more natural
open space would be preserved. Since these parcels are
already slated to be served by public water per a
Developer’s Agreement, and the Preliminary Plat has already
been approved, staff believes that adding these parcels to
the Warrenton Service District would not serve any
significant purpose.
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