PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date: 

Stanley C. Haworth, Trustee

June 12, 2008

Staff Lead:

Department: 

Melissa Dargis, Assistant Chief of Planning

Community Development

Magisterial District: Cedar Run

PIN: 6982-84-8395-000

Topic: 

A Resolution to Approve a Category 26 Special Exception (SPEX08-CR-015) to Allow for a Decrease in the Amount of Non-Common Open Space Required – Haworth Property, Cedar Run District

Topic Description:

A Category 26 Special Exception (SPEX08-CR-015) to allow for a decrease in the amount of non-common open space required. The applicant requests this non-common open space reduction from 85% to 81% to create one lot approximately 7.90 acres in size.

The parcel is 309.97 acres in size.  The required 85% non-common open space for the subject property is 306.85 acres, based on previous subdivisions of this property.  The applicant is requesting a reduction of non-common open space from the required 306.85 acres to 297.00 acres.  This represents a 4 percent reduction.  The applicant is also willing to eliminate the remaining three (3) subdivision rights for his property.  He has offered to place the residue parcel into a non-common open space easement.

An existing 50-foot wide ingress/egress easement runs east-west through the property.  The ingress/egress easement is approximately 3.20 acres in size.  This does not constitute part of the non-common open space acreage.  The property also has a 100-foot VEPCO power easement running the full length north-south.

The lot configuration requested may change slightly during the subdivision process if necessary to meet local, state or federal regulations.  The proposed 7.90 acre parcel has been perc tested and does have a conventional drainfield and the required 200% reserve.  The reduction of non-common open space, as proposed, preserves the natural resources on the property that are located within the FEMA 100-year floodplain.  There is no FEMA 100-year floodplain on the proposed lot; the floodplain will be located on the non-common open space (on the residue lot).

The applicant has owned the property for over 50 years and has operated a nursery on it for the last 30 years.

Location,  Zoning and Current Land Use:  

The property is located on Green Road.  It is zoned Rural Agricultural (RA).  Consistent with the RA zoning category, the property is located in a district where agriculture and forestry are the predominant uses.  A map of the property is shown below:

Surrounding Zoning and Current Land Use:

Surrounding parcels are zoned RA. 

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 addressed.

Engineering           

The Engineering Department has reviewed the above referenced Special Exception, Category 26, to allow the reduction of open space and has no comments. 

VDOT

The Warrenton Residency staff reviewed the above referenced Special Exception for an open space reduction, and has the following comments:

1. The plan does not show the width of the right-of-way.  We recommend that 25 feet of right-of-way from the centerline of the road be provided if it is not already dedicated.

Subsequent to receiving this comment the applicant provided evidence that this dedication has been made.

2. We have not completed any review of the proposed lot entrance location.

(A condition has been drafted that the entrance will meet VDOT standards.)

Soils

Findings:

Based off of the Fauquier County Soil Survey, 4.06 acres of the site is rated “Not Suited” for General Development using conventional drainfields and also contain a high water table, low bearing capacity, and a very high to high potential for shrink-swell clays.  These soil map units are also listed as either being hydric soils or they may contain hydric soil inclusions, meaning there is a possibility of jurisdictional wetlands being found on the site.  The remainder of the site (3.84 ac.) is in soil map unit 75B which is rated “Marginal” for general development using conventional drainfields, this soil also has a moderate potential for shrink-swell clays, and is listed as “Prime Farmland.”   

(A conventional drainfield and 200% reserve have been located on the proposed parcel site.  Appropriate building code requirements for such soils will be met.  If required, a Jurisdictional Delineation will be a condition of the Preliminary/Final Plat process.)

Summary and Recommendation:

This item is ready for action.

Planning Commission Action: 

On April 24, 2008, the Fauquier County Planning Commission unanimously approved the Special Exception, subject to a series of conditions. 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider the attached resolution with its Conditions of Approval, as recommended by the Planning Commission.

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

Department of Community Development

Attachments:

1.                  Statement of Justification

2.                  Special Exception Plat