Board of Supervisors Meeting Date: 

Frank C. Poland & Clara C. Poland

July 10, 2008

Staff Lead:


Melissa Dargis, Assistant Chief of Planning

Community Development

Magisterial District: Lee

PIN: 6889-37-3301-000

Service District: None


A Resolution to Approve a Category 29 Special Exception (SPEX08-LE-016) to Waive the Public Street Requirements:  Poland Property – Lee District

Topic Description:

The applicants wish to obtain a Category 29 Special Exception (SPEX08-LE-016) to Waive the Public Street Requirements for a proposed two (2) lot subdivision (one new lot) in the Residential-1 (R-1) zoning district.  The applicants have also submitted a companion application to subdivide the property into two (2) lots, with two associated waivers.

The property does not have frontage on a public street, but does have frontage on two 50-foot ingress/egress easements, Wotton Road and Pinewood Lane.  Without this Special Exception, the applicants state they cannot meet the public street requirements and would not be able to subdivide the property.  In conjunction with this request, the applicants are willing to deed restrict proposed Lot 2 (lot containing an existing Family Dwelling Unit) from future subdivision, thus eliminating three potential subdivision rights.  The applicants are also willing to deed restrict proposed Lot 1 (parent lot) so long as they retain one future development right on the 5.97 acre lot.

The property has the potential to be divided into six lots, but does not have any administrative subdivision rights.  In addition, a Family Transfer is not an option for these applicants.  The request is to subdivide so that the existing Family Dwelling Unit is on its own lot.  The applicants will retain ownership, but will have the option to sell the lot in the future if the need should arise.


Location,  Zoning and Current Land Use:

The property is located on the south side of Wotton Road east of James Madison Highway (Route 15/29).  The 9.66 acre parcel is zoned Residential-1 (R-1) (7.3967 acres) and Rural Agricultural (RA) (2.2709 acres). 




Surrounding Zoning and Current Land Use:

Surrounding parcels are zoned R-1 and 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.

Soil Scientist

Code Compliance:

  1. In order to remediate the problem of one well for two lots (PIN’s 6889-27-8290 and 6889-37-3301), a private water supply will need to be installed on PIN 6887-27-8290 prior to final construction.   If not, the lots would be under the definition of a public water supply and would have to adhere to all applicable requirements. (County Code Chapter 19)

Installation of a private water supply is included as a Condition of Development.


  1. When the boundary line adjustment for PIN 6889-27-8290 was approved on 3/17/08 its private well was divided onto parcel 6889-37-3301.  Since now two dwellings on two separate parcels are using the same well it is considered to be a public water supply and would need to adhere to all requirements for a public water supply.  If the applicant wishes to keep the lot as a private water supply, they will need to install a well on PIN 6889-27-8290 before completion of the construction plan.  The applicant provided with this submission a Private Well Construction Permit issued on April 11th 2008 by the VA Dept. of Health for the lot.  This permit is the first step in the process of getting a private well, but to satisfy the requirements the well must be installed and properly inspected/certified by the local VA Dept. of Health Office. 

Installation of a private water supply is included as a Condition of Development.

Zoning Comments:

  1. The following Zoning Ordinance standards are applicable:

a.       5-006, General Standards

b.      5-2900, Standards for Waiving Requirement for Public Streets in Residential, RA and RC Zones.

The following findings are required by the Board in order to grant this Special Exception:

1). That the requirements of the Virginia Department of Transportation necessary for the dedication of public streets will not permit the development of the proposed subdivision in a manner which is in harmony with the surrounding character of the neighborhood or the proposed development scheme,

2). That the proposed private streets, based upon anticipated traffic generation volume, would adequately serve the lots to be developed and provide sufficient emergency vehicle access to the subdivision, and demonstration that adequate provisions will be made to provide for continuing maintenance and repair of the streets by a homeowners association.

Zoning Staff defers to Planning Staff the assessment of standard compliance.

The Family Dwelling Unit already exists and uses the existing private roads, thus there are no new transportation impacts.  The proposed single family use conforms to the surrounding community and is consistent with the Comprehensive Plan.  In addition, four potential development rights are being extinguished during this process.

  1. As noted at the Pre-Application meeting on April 8, 2008, there is a Health Department issue concerning the utilization of the existing well on Lot 78A for both this lot and the lot located directly south.

Installation of a private water supply on PIN 6887-27-8290 is a proposed condition for the companion preliminary plat.

  1. The plan states that trees will be installed along the road frontage for lots 1 and 2; however, no additional trees are shown beyond the tree preservation area.

The applicants have revised the plans to include this information.


The Warrenton Residency staff reviewed the above referenced special exception application.  The houses already exist as well as the private roads that they will be accessing; therefore, we have no comments.

Summary and Recommendation:

This item is ready for action.  The proposed private street is adequate to serve the new lot.  Further, it provides sufficient emergency vehicle access and has existing provisions for maintenance and repair.

The applicants have also submitted a companion application to subdivide the property into two (2) lots, with two associated waivers.  Referral agency comments indicate that a well is required to serve the proposed lot.  A preliminary plat condition has been drafted that states: “Prior to Final Plat Approval, a well shall be drilled on PIN 6889-27-8290-000.”


Planning Commission Action: 

On May 29, 2008, the Planning Commission unanimously recommended approval of the Special Exception subject to a series of conditions.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution with its Conditions of Approval, as recommended by the Planning Commission.

The Board of Supervisors will need to take action on this item before it considers the Preliminary Plat and its associated waivers.


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



1.                  Statement of Justification

2.                  Subdivision Potential Letters

3.                  Project Plat


Back to Agenda...