PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

George C. & Helen F. Elmore (Owners)

 AT&T Wireless, Inc. (Applicant)

June 21, 2004

Staff Lead:

Melissa Dargis, Assistant Chief of Planning

Department:

Community Development

Magisterial District:

Center District

PIN:

7904-15-6717-000 & 7904-36-3160-000

Topic:

A Resolution to Approve TWSE03-CT-005, A Category 20 Special Exception Amendment for a Previously Approved Condition and the Renewal of SE03-C-11

Topic Description: 

The application has two objectives. The principal purpose of this Special Exception is solely to modify existing Special Exception condition #1 in order to allow the Applicant to relocate its access road within the leased premises.  The original access was a path that connected and followed the existing Columbia Gas line easement that crosses the Elmore’s land and abuts the AT&T Wireless telecommunications facility’s leased area on the Elmore property.  The facility is located on a heavily wooded area of the Elmore property.

Subsequent to obtaining the original Special Exception, Columbia Gas informed the Applicant that due to concerns regarding protecting the integrity of the underground gas pipeline, it would no longer consent to AT&T Wireless’ use of its gas line easement for accessing the leased site.  Thus, the applicant had to locate another route.  The newly selected route follows an existing private farm road on the Elmore property.  The road may require some improvements such as widening or minimal brush/tree clearing.

The final objective of this application results from the unforeseen reversal of the earlier assent by Columbia Gas to utilize their easement for an access route caused delay in the timeline for construction of the telecommunications tower.  The original Special Exception needs to be renewed, since it expired on April 21, 2004.  As a result, the applicant requests an extension of that Special Exception SE03-C-11.

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached resolution.

Financial Impact Analysis:

None.

Planning Commission Recommendation:

On April 29, 2004, the Planning Commission held a public hearing.  The Commission recommends that the Board of Supervisors approve Special Exception TWSE03-CT-005, which would allow for the relocation of an access road within the leased premises and renewal of SE03-C-11.  The original SE03-C-11 is subject to its approved conditions dated April 29, 2003.  Special Exception TWSE03-CT-005 is subject to the following conditions:

1. The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2. This Special Exception is granted only for the purpose(s), structure(s), and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.

3. A Site Plan shall be required, pursuant to Article 12 of the Zoning Ordinance.

4. An initial Site Plan shall be filed within one (1) year of the approval of this Special Exception.  No time limit shall be imposed on this Special Exception, provided that a Site Plan is filed within one year of approval.

5. The development of the property shall be in general conformance with the Special Exception Plat entitled "AT&T Wireless Sevices, Site Number: 005-009, Elmores Raw Land, Amendment to SE03-C-11” Special Exception Plat dated February 6, 2004 and received in the Planning Office on March 9, 2004, except as modified by these conditions.

6. The property association agreement shall be provided to the County for review and comment prior to Site Plan approval as it relates to stormwater management/BMP facilities, landscaping, parking agreements/arrangements, parking lot maintenance, private streets, open space, etc.

7. The limits of clearing and grading for the road shall be indicated on the site plan.  To the extent possible, existing mature trees shall remain.  There shall be no disturbance beyond the indicated limits of clearing and grading.

8. The Applicant will comply with the Fauquier County Stormwater Management Ordinance.

9. The road is to be gravel and will not exceed 15% grades.

10. No culvert is to be less than 15 inches in diameter.

Land Area, Location and Zoning:    

The property is located beyond the end of Elmores Lane south of Dumfries Road (Route 605) near its intersection with Marigold Lane, Center District.  The property is zoned Rural Agricultural (RA).  A map of the property is shown below.

Neighboring Zoning/Land Use:

The property is currently zoned RA (Agriculture).  The parcels adjacent to the property are zoned RA (Agriculture) as well.

Staff Analysis:

Staff and the appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Staff notes that the proposed road alignment should run along the existing farm road, as proposed, on the parcel.  This will minimize clearing of the existing vegetation and maintain the existing hardwoods in the area where the road is proposed.  The new roadway proposes to disturb more than 10,000 square feet so compliance with the Fauquier County Stormwater Management Ordinance will be required.  Additionally the road is to be gravel and not to exceed 15% grades and no culvert is to be less than 15 inches in diameter. 

Summary and Recommendations:

Staff recommends that the Board of Supervisors approve the proposed amendment to relocate the access road to its leased premises and that it grant approval for renewal of the original Special Exception SE03-C-11.  The renewal of SE03-C-11 would be for a one year extension, from that approval date.

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

Fauquier County Department of Community Development