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
Upperville currently contains approximately 138 residential
and commercial addresses within its boundaries. Upperville
is largely built out under its current zoning.
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
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
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.
The parcel is located in the
Village of Upperville. The village has a long history.
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.
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.
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
Zoning Staff confirms
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.
construction is being proposed, therefore, the Engineering
Office has no comment.
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
Based on the Fauquier County GIS FEMA floodplain
maps, approximately 23% of the site is within the 100-year
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.
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.
Additional information (preliminary soil report,
geotechnical investigation, etc.) may substantially change
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
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,
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