Board of Supervisors Meeting Date:

 The Paddocks at Kastle Greens, Inc.


July 12, 2007

Staff Lead:


Bonnie Bogert, Planner II

Community Development


Magisterial District: 


Cedar Run





Appeal of the Planning Commission Denial for the Septic Approval Waiver Request and The Paddocks at Kastle Greens Preliminary Plat (PPLT07-CR-009 and WVRP07-CR-020)


Topic Description:


On behalf of The Paddocks at Kastle Greens, Inc., and pursuant to Fauquier County Zoning Ordinance §2-406(6),  Paul A. Bernard of Bury+Partners, Inc., is requesting an appeal to the Board of Supervisors of the Planning Commission’s denial of the Preliminary Plat (PPLT07-CR-009) and Waiver (WVRP07-CR-020). This provision allows any person aggrieved “by a decision of the Commission with respect to a cluster subdivision” to file an appeal with the Board of Supervisors within 30 days of that decision.  The property is located in the Cedar Run Magisterial District.  Please note that the Applicant has indicated that the appeal now does not include the maximum cul-de-sac length. The reason is that the Preliminary Plat submitted now meets the cul-de-sac length criteria.

After listening to the applicant’s appeal, the Board of Supervisors has two options.  It can uphold the denial or reverse the decision and remand it back to the Planning Commission.

Project Update:

On June 14, 2007, the Board of Supervisors voted to postpone action on this appeal.

Requested Action of the Board of Supervisors:

Consider adoption of either the attached Resolution of Denial, or the
 Resolution for Remandment.

Financial Impact Analysis:



Summary Staff Report:


Refer to the Planning Commission Staff Report (Dated:  May 31, 2007) for technical details and site location; attached to the report are the minutes summarizing the motion and reasons for denying the preliminary subdivision and associated waiver requests.

It is noted that there were numerous technical issues left unresolved at the Planning Commission and none currently associated with the Preliminary Plat appear to have been addressed by the Applicant. The outstanding issues were listed in the attached resolution for denial by the Planning Commission at their May 31, 2007 meeting.

Section 9-13 of the Subdivision Ordinance requires that a permanent means of sewage disposal acceptable to the Health Official and the County be established.  Where public service is not available, the County ordinance states that “where construction of drainfields is authorized, sufficient drainfields and replacement area is to be provided to last the expected life of the dwelling units.  The adequacy of the area is to be approved by the Health Department.”

In a letter regarding The Paddocks (Dated:  May 14, 2007), the Health Department indicated it had not received a proposal for sewage disposal that could be approved by its office.  The letter further stated that the sewage system proposed for each lot would fall under the jurisdiction of the Department of Environmental Quality (DEQ).  As a result, the preliminary plat section did not provide a default position for proposed lots and a situation that proposed an evapo-transpiration bed and the aquarobic mini-plant for each lot whereby DEQ permitting for the plant is established and the evapo-transpiration bed uncertain.  The latter bed is typically under the purview of the Health Department. In its appeal, the applicant’s engineer also presented material that indicates for the first time to the County that the evapo-transpiration bed has zero discharge (refer to undated technical material from Daniel E. Pavon; Aquarobic International, Inc.).  Hence, the waiver request is to allow approval of the proposed system through the appropriate state agency prior to Final Plat approval.


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

Virginia Department of Health


1.       Applicant Appeal Submission with Enclosures:

a.       Appeal Letter (June 8, 2007)

b.      Applicant Comment Response Letter (May 29, 2007)

c.       Department of Environmental Quality General Discharge Permit

d.      Evapo-Transpiration Systems Summary

e.       Mini-Plant Biochemical Oxygen Demand Test Chart (2007)

f.       Evapo-Transpiration Bed Cross Section (June 30, 2006)

g.      Mini-Plant in Fiberglass Tank Diagram  (September 6, 2005)

2.                  Planning Commission Staff Report (May 31, 2007)

3.                  Preliminary Subdivision Plat

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