Board of Supervisors Meeting Date: 

Upperville Investments, LLC

June 11, 2009

Staff Lead:


Melissa Dargis, Assistant Chief of Planning

Community Development

Magisterial District:                                                                                                                 PIN: Marshall                                                                                                               6064-04-1816-000

Service District: None


An Ordinance to Approve a Rezoning (REZN09-MA-002) of Approximately 1.0 Acre From Commercial Village (With Proffers) to Village – Upperville Investments, LLC (Owner/Applicant)


Topic Description:

The applicant requests a Rezoning of this parcel to change the current zoning from Commercial Village (CV) to Village (V).  The applicant would like to rezone to Village in order to use the property as a single-family residence. There are no proffers associated with this rezoning.

There are no new construction or land disturbing activities proposed with this application.  Thus, the applicant also requests a waiver of the requirement to provide a Stormwater Management/Best Management Practices (SWM/BMP) Concept Plan.


Location,  Zoning and Current Land Use:

The property is located at 9027 John S. Mosby Highway (Route 50).  It is in the Village of Upperville and zoned Commercial Village (CV) with proffers that allow for the sole use of the property to be an antique store.  The site is currently unoccupied due to this limitation of use.  A map of the parcel is shown below.


Surrounding Zoning and Current Land Use:

The parcel is surrounded by properties zoned Village (V) and Commercial Village (CV).  Properties in the village represent these residential and commercial uses.  Upperville currently contains approximately 138 residential and commercial addresses within its boundaries. Upperville is largely built out under its current zoning. 

Site History:

The site contains a two story frame residence built in 1909.  The structure was used as a single-family dwelling unit up until 1993, when the Board of Supervisors approved RZ93-S-01, a Rezoning to Commercial Village, with proffers that limited the use solely to an antique store.  Thus, that rezoning removed the residential use.

Comprehensive Plan/Land Use:

The property is located in the Village of Upperville.  Most property is the village is planned for residential or commercial use.  The commercial core of the village is located further west, at the intersection of Route 50 and Delaplane Grade Road (Route 712).

The overall goals in the Comprehensive Plan for villages are to maintain the unique visual identity of the villages and to conserve, protect and where possible, restore village cultural resources to maintain unique, livable communities.  The proposal would promote both of these goals.  While it is also a goal of the plan to foster economic development in villages, Upperville has significant commercial uses, and a rezoning to Village for residential purposes would not diminish the viability of commercial establishments in Upperville. 

Historical Context:

The parcel is located in the Village of Upperville.  The village has a long history.  Upperville is sometimes called the town that is "a mile long and an inch wide" because most of the homes line Columbia Street, as Route 50 was called on the original plat. 

According to the Comprehensive Plan, in the 1760s, young George Washington surveyed much of the area west of Middleburg and bought a tract with a stone house that operates today as the 1763 Inn. By 1790, Josephus Carr had assembled 177 acres along Pantherskin Creek, where he established a village of 50 lots called "Carrstown." Founded in 1797, Carrstown was renamed Upperville, for reasons still unknown, by the 1818-1819 Virginia General Assembly. Like Aldie, Upperville thrived because of its location near a creek that could turn millstones for grinding corn and wheat.

The site is part of the National Register Upperville Historic District.  Of the seventy-five buildings that comprised the town in 1976 when it was placed on the National Register, approximated fifty are nineteenth century and well over half of these date prior to 1860.  The property is likely a contributing structure to the historic district.

Site Suitability/Environment:

The site contains poor conditions for septic development.  However, no new construction is planned with the proposal.  A portion of the property is located within the Federal Emergency Management Agency (FEMA) 100-year floodplain.  The applicant intends to use the existing dwelling unit and will work with the Virginia Department of Health (VDH) to make sure its existing septic system, approved in 1954, is maintained and functions properly.  The well that serves the property was permitted by VDH in 1984.

Rezoning Analysis:

The rezoning will allow the original use of the site (residential) to be utilized and it is consistent with the Comprehensive Plan for the Village of Upperville.   The structure on the property was built as a house and the applicant seeks to restore its original use.  The limitation of use to only an antique store on the property is rather constraining and not an economically viable option for the applicant.   

Staff and Review Agency Comments:


1.      Zoning Staff confirms the following:

a.   The property is currently zoned CV-Commercial Village with proffers limiting the use to an antique/home design shop, with additional requirements related to architectural features, buffering, screening, lighting, access and Health Department issues.  

b.   Surrounding properties are predominately zoned V-Village Residential.

c.   The western portion of the property is located within the 100-Year Floodplain Overlay District.  The main structure is located more than 25’ from the floodplain edge and, therefore, can be utilized for residential uses as well as commercial uses.

2.   The applicant has submitted a rezoning request from CV w/proffers to V to allow for residential use of the property.  The V district will allow the single-family dwelling by-right.

Technical Division


No construction is being proposed, therefore, the Engineering Office has no comment.



The applicant shall provide a statement from the Fauquier County Office of the Virginia Department of Health that existing septic drainfield is suitable for the proposed use (Zoning Ordinance 5-011).


1.   Based on the Fauquier County GIS FEMA floodplain maps, approximately 23% of the site is within the 100-year floodplain.

2.   Based on the Fauquier County Soil Survey, 100% of the site is rated “Not Suited” for general development using conventional septic tank and drainfield. 100% of the site is map soil units that have the potential for hydric soil inclusions. Hydric soils indicate the possible presence of jurisdictional wetlands. The presence of wetlands could reduce the amount of area available for development.

3.   An evaluation of the drainfield by an NSF-certified inspector is recommended. Also, prior to any site disturbance, accurate location of the drainfield lines is essential to prevent damage to the drainfield.

4.   Additional information (preliminary soil report, geotechnical investigation, etc.) may substantially change comments.

No new construction is proposed with this application. It is recommended that the applicant work with VDH to ensure proper maintenance and function of the existing septic system.

Fauquier Fire and Emergency Services

This office does not oppose the rezoning request.  No exceptions noted at this time.

Virginia Department of Health

The sewage disposal system was designed and permitted by this office on July 8, 1954 to serve an existing two bedroom house. The permit consists of a 1000 gallon septic tank, a distribution box, and four seventy-five foot long by two foot wide trenches. This installation was inspected by this office on September 27, 1954.  At the time of the sewage disposal system installation and inspection, the house was served by an existing hand dug well. A well permit was issued by this office on August 9, 1984 for a Class 2B drilled water well. The completed well was inspected and approved, for construction only, by this office on September 21, 1984.

On March 1, 1993 this office issued a memo to the Fauquier County Department of Community Development to comment on this house’s use as an antique shop. At that time the on-site sewage disposal system on the property appeared to be functioning; however, the inspector noted that there appeared to be three drainfield lines 70 to 75 feet in length.

This office has not done an on-site “Real Estate Inspection” of this sewage disposal system. If the owner requires the Health Department to perform this inspection, someone from this office will do a visual walk-over of the system looking for overt signs of malfunction. The owner could employ a drainfield cleaning or repair service to uncover the septic tank lids, and uncover the distribution box, in coordination with our visit, and this office would inspect these and include comments about their condition in a “walk-over” letter. If the dwelling is currently unoccupied, any malfunctions may not be apparent, and we will suggest a re-inspection at a later time when the sewage disposal system is in use.

It should be noted that the on-site sewage disposal system serving the house is now nearly 54 years old. This office cannot make any guarantees that it will continue to function as designed. VDH suggests that water saving devices, such as low flush toilets and reduced flow shower heads, be utilized. In the event of a failure of the system, due to the smaller size of the parcel the house is situated on, and other site conditions, an alternative sewage disposal system may need to be utilized for repair. The engineering and design of these systems are outside the Health Department’s venue and an AOSE will need to be employed by the property owner.  The on-site sewage disposal system is old and may not continue to function as designed with a modern load placed on it.

It is recommended that the applicant follow VDH’s suggestion for an on-site inspection and also follow up with an independent Authorized On-Site Soil Evaluator (AOSE) to ensure proper maintenance and function of the system. 

Planning Commission Summary and Action of April 30, 2009:

The Planning Commission discussed this item at their work session.  A public hearing was held on the application.  The applicant’s representative asked the Commission to consider approval of the application.  No members of the public spoke.  The application was forwarded with a unanimous recommendation for approval.

Summary and Recommendation:

The existing 2-bedroom house and its property carry much history for the area.  This Rezoning from Commercial Village (CV) back to Village (V) residential presents the opportunity to have the house once again become an active part of the fabric of the community.

Staff concurs that the request for the waiver of a SWM/BMP Concept Plan is appropriate as there are no new construction or land disturbance proposed with the application.  In addition, there are no outstanding referral agency comments.  It is strongly encouraged that the applicant follows VDH’s suggestion for an on-site inspection of the septic system and follows up with an AOSE due to the age of the existing system. 


Requested Action of the Board of Supervisors: 

Conduct a public hearing and consider adoption of the attached Ordinance


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Virginia Department of Health 


1.       Statement of Justification

2.       Rezoning Plat


Back to Agenda...