Board of Supervisors Meeting Date:


Bishop’s Run, LLC, Owners, Applicants


July 14, 2005

Staff Lead:



Holly Meade, Senior Planner

Community Development


Magisterial District:  Scott



Service District:  New Baltimore

7916-12-8941-000 & 7916-22-4949-000




Bishop’s Run: Preliminary Plat PPLT05-SC-021


Topic Description:


The applicant is seeking Preliminary Plat approval to divide approximately 54.4 acres into ninety-nine (99) single-family residences.  As currently configured, the Preliminary Plat has twenty-six (26) single-family conventional subdivision lots ranging in size from ±20,090 to ±30,000 square feet.  The development also has seventy three (73) single-family clustered lots.  Forty five (45) of the clustered lots will be single-family attached or carriage houses, with the remaining twenty eight (28) lots being single-family detached ranging in size from ±8,500 to ±11,000 square feet.    


On May 17, 2004, Bishop’s Run was subject to a Rezoning and Comprehensive Plan Amendment that were approved by the Fauquier County Board of Supervisors.  To permit the development as designed, the applicant was granted a Comprehensive Plan Amendment to change the land use designations from Low Density Residential, Commercial Neighborhood, and Mixed Use Neighborhood Up to 3 Dwellings Per Acre to a new land use designation of Low Density Residential up to 3 Dwellings Per Acre (single-family attached permitted). 


The properties were also rezoned from Residential-1 (R-1) and Commercial-1 (C-1) to Residential-4 (R-4) and Commercial-1 (C-1) with proffers.  The approved proffers have been included as Attachment 2.


The Rezoning allows the development of 99 residential units that shall be a combination of single-family detached (±66 SFD) and single-family attached (±33 SFA).  The proffers stipulated that the unit mix between single-family detached and single-family attached may vary between unit types by as many as 15 units.  It also requires that 15% open space be provided for the portion of the community developed as R-4 conventional, with not less than 50% open space provided for the cluster section of the development.


Pursuant to Section 5-8 of the Subdivision Ordinance (Cul-de-sac Length), the maximum cul-de-sac length permitted is 700 feet exclusive of the turnaround.  This may be modified by the Planning Commission and Board of Supervisors through the waiver process outlined in Section 4-27 of the Subdivision Ordinance.


Project Update:


The applicant has requested a waiver in accordance with Section 4-27 of the Subdivision Ordinance to modify the maximum cul-de-sac length requirement outlined in Section 5-8 of the Subdivision Ordinance.  The applicant’s statement of justification is Attachment 3.  Staff and the Planning Commission support the waiver of the cul-de-sac length requirement, because it is consistent with the approved Concept Development Plan, as stated in the applicant’s statement of justification.


The County Engineer met with the applicant and a representative from the Army Corps of Engineers (ACOE) regarding onsite wetland protection.  The meeting resulted in adjustment of the lot layout from the Concept Development Plan.  Joint meetings with the applicant, Planning and Engineering staff has resulted in some proposed changes to help protect the on-site wetland areas located on the west side of Riley Road, which are the sources feeding the existing VDOT wetland mitigation bank. 


Requested Action of the Board of Supervisors:

No action is necessary, unless a majority of the Board wishes to consider this preliminary subdivision application.  On June 30, 2005, the Planning Commission voted to approve Bishop’s Run Preliminary Plat and the waiver of Section 5-8 of the Subdivision Ordinance, subject to the conditions noted below:


1.                  The Final Plat shall be in general conformance with the Preliminary Plat entitled “Bishop’s Run” dated June 30, 2005, and received in this office on July 5, 2005, except as modified by these conditions.  This approval is for a maximum of ninety-nine (99) residential lots.  The following items shall be addressed on the Preliminary Plat prior to scheduling for Board of Supervisors’ action:


2.                  The conceptual landscaping shown along Riley Road on the Preliminary Plat is not consistent with the level of conceptual landscaping approved with the Concept Plan.  More landscaping shall be required on the Final Construction Plan.


3.                  Evidence from the Fauquier County Water and Sanitation Authority shall be provided allowing the overlapping of easements prior to Construction Plan approval.


4.                  Street Names shall be required with the Final Plan in accordance with Section 7-11 of the Fauquier County Subdivision Ordinance.


5.                  A Major Site Plan shall be required for the single-family attached houses per Section 3-301 of the Zoning Ordinance.


6.                  Prior to Construction Plan approval, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA for the l00-year Floodplain Boundary.  Development shall not be allowed within the boundaries of the 100-year flood elevation without a Special Exception pursuant to Article 4-400 of the Zoning Ordinance.


7.                  Prior to Construction Plan approval, the applicant shall obtain all applicable permits from DEQ, VMRC and U.S. Army Corps of Engineers.


8.                  Applicant shall provide an inter-parcel access connection to the adjoining parcel (i.e., 7916-12-2141-000) at the location as generally shown on the preliminary subdivision plat.


9.                  Prior to final plat approval, the interpretive information from the Type 1 soil report for each mapping unit shall be shown on the final subdivision plan.


10.              Applicant shall provide an internal system of sidewalks and/or paved trails generally as shown of the Preliminary Plat with connections to the proposed common open space.


11.              All road design and construction shall be in accordance with VDOT’s 2005 Subdivision Street Requirements.


12.              Applicant shall work with and follow VDOT’s guidelines for placement of landscaping materials within the Riley Road right-of-way as provided for with the Rezoning approval.


13.              At the time of Construction Plan submittal, the applicant shall provide a detailed landscaping plan for the common open space in accordance with Landscaping Proffers # 1, 2 & 3 and Section 7-600 of the Fauquier County Zoning Ordinance.


14.              At the time of Construction Plan approval, the applicant shall have a professional engineer design foundation drainage systems for any residential lots having hydric soils.  The designs shall utilize a variety of engineering and construction methods, including but not necessarily limited to, over-lot grading techniques, sump pumps in conjunction with subsurface drains which connect to the storm sewer system (no connections within VDOT right-of-way), french drains and related design measures to minimize the risk of wet basements.


15.              At the time of Construction Plan approval, the applicant shall provide an Active Recreational Area of no less than 3 contiguous acres outside the l00-year floodplain for the residential community, generally in the location noted on the Preliminary Plat.  The active recreational facilities provided at said site may include, but shall not be limited to, play apparatus equipment, picnicking areas and outdoor game/sport field facilities.  


16.              The County recommends that no below grade basements be constructed on soils with high water table due to wetness unless the foundation drainage system of the structure is designed by a licensed professional engineer to assure a dry basement and preclude wet yards and recirculation of pumped or collected water. Unless, in the opinion of the County Engineer, the topography of the lot in relation to the overlot-grading plan precludes grading the site to drain the basement to daylight, all basements shall be designed to gravity daylight without assistance from mechanical means. All discharged water (mechanical or gravity) must be conveyed to the subdivision stormwater collection system and discharged through the stormwater management facilities. Drainage easements, where necessary, shall be placed on the final plat. A note shall be placed on the final plat stating, “Basements are not recommended in mapping units 6A, 14B, 62B, 63B, 78A, 79A, and 178A.  Basements in these mapping units are subject to flooding due to high seasonal water tables. Sump systems may run continuously, leading to possible premature pump failure.”


17.              Several lots are located in what is currently designated as FEMA Floodplain.  A LOMR shall be required prior to Final Construction Plan submittal for any of the affected lots and roads accessing them.  There are 12 lots affected.  In addition, the recreation area and both stormwater management ponds are in the currently designated FEMA Floodplain.  SCS methodology (i.e. TR-55, TR-20) shall be used.  A Special Exception will be required for these facilities if the floodplain boundaries are not revised by a LOMR.


18.              All ponds and outfall structures shall be kept 25 feet from the property lines.  Trees, shrubs, and any other woody plants shall not be planted on the embankment or adjacent areas extending at least 25 feet beyond the embankment toe and abutment contacts.  This area shall be within a maintenance easement.  Tree save areas and landscaping cannot be in these areas.


19.              No stormwater runoff generated from new development shall be discharged into a jurisdictional wetland without adequate treatment.


20.              An overlot grading plan shall be provided as part of the Final Construction Plan.  This plan shall show sump pump discharge locations and roof downspout locations.


21.              Proof of provisions for adequate fire flow shall be required with the first submission of the Final Construction Plan.


22.              All applicable State and Federal permits shall be filed with the first submission of the Final Construction Plans.  This includes the COE/DEQ permits for disturbance of wetlands.


23.              For BMP/SWM calculations, all of the areas of the development shall be counted as part of the site for these calculations.  This includes open space and recreation areas.


24.              Some of the soils types in the areas of the proposed ponds are characterized as having a high water table.  Ponds 1 and 2 show cutting into the natural ground up to12 to 14 feet.  Dry ponds do not seem appropriate because they most likely will not stay dry.  Any dry pond design shall address base flow, springs, and high water table to assure that the ponds will be dry year round and function as intended.


25.              All houses shall be above the 10-year water surface elevation of adjacent swales.


26.              Installation of culverts shall not cause water to pond on an adjacent property for a 10-year storm, unless a drainage easement is granted.  This includes PIN 7916-21-2517.


27.              The 2, 10, and 100-year storms shall be routed through the SWM/BMP facilities with the pond full to the BMP elevation and unavailable for storage.


28.              A separate emergency spillway shall be provided for ponds.  The emergency spillway shall pass no less than the 100-year storm.


29.              Conservation areas used for qualifying open spaces shall be limited to floodplain and protected wetland corridors that have no overlying encumbrances such as trails, utilities, roads, etc.


30.              On single family detached lots 1-7, 9-11, 14, 15, 19-24, 27, 28, 34-37, 40, 41, and 46, and single family attached lots 42-45, houses or structures shall not be placed in the drainageway due to wetness and concentrated water flow.


31.              Basements are not recommended on map units with high seasonal water tables, due to potential for flooding.  This would include map units 14B, 62B, 63B, 78A, 79A, and 178A: single family detached lots 1-7, 9-11, 14-29, 34-36, 40, 41, 46, 47, 51-54, and single family attached 1-8, 13-29, 32-37, 42-45.


32.              A geotechnical study shall be completed before design and construction of foundations for building on single family detached lots 19, 20, 23-26, 28-29, 34-36, 40, 41, 46, 47, and single family attached lots 6-8, 24-28, 35-37, and 42-45, 47 and 48..


33.              The following are the requirements of the final soil report that shall be included in the Final Construction Plans:


34.              A Virginia Certified Professional Soil Scientist (CPSS) needs to adjust the preliminary soil map with revisions onto the final construction plan.  This needs to be done in the field and checked for any additional soils information to be added to the final construction plan.


35.              A signature block shall be placed on this plat for the CPSS to sign which states:


Preliminary Soils Information Provided by the Dominion Soils via Preliminary Soils Report (scale 1:200) Dated _________________.


This Virginia Certified Professional Soil Scientist has field reviewed and adjusted the preliminary soil information onto the final plat (1"=___') and certifies that this is the Best Available Soils Information to Date for Lots 1-____.



Va. Certified Professional Soil Scientist                               DATE

CPSS #3401-                   


36.              Interpretive information from the Preliminary Soils Report for each mapping unit shown on the above final construction plan shall be placed on the same sheet as the soil map.  Also a Symbols Legend shall be placed on the final construction plan to identify spot symbols.


37.              The statements under Home Sites and Road Construction shall be placed on the same sheet as the final soils map.


38.              This final soil map will be filed in the Building Department to be used exclusively for obtaining soils information for this proposed subdivision.


39.              Two copies of this final soil map with CPSS signature need to be submitted to the Soil Scientist Office before final plat approval is made.


40.              The final signature sets will require original CPSS signature. 


41.              Due to landscape position (drainageways) and high seasonal water tables the following statement shall be placed on the final construction plan to be placed in the front office of Community Development:  "The County recommends that no below grade basements be constructed on soil mapping units 14B, 62B, 63B, 78A, 79A, and 178A due to wetness unless the foundation drainage system of the structure is designed by a Virginia Licensed Professional Engineer. The foundation drainlines should be daylighted for gravity flow on all structures."


42.              The following statement shall be placed on the Final Construction Plan:  “Foundations placed in soil mapping units that show a moderate, high, or very high shrink-swell potential in the most recent Interpretive Guide to the Soils of Fauquier County, Virginia will require a geotechnical evaluation in order to determine proper design.”


43.              Final engineering shall clearly demonstrate that the existing wetland bank will not be impacted by the site development.  VDOT shall not support final plan approval until this is satisfactorily addressed.  VDOT approval shall be required for relocation of the wetland bank access road and vacation of the drainage easements.  If needed, the existing VDOT SWM/BMP easement shall be vacated prior to Final Construction Plan approval. 


44.              All land rights VDOT currently has for the abutting SWM easement along Route 676 are to be fully resolved and all deeds acquiring or revising the existing easement shall be recorded prior to VDOT approval of the Final Construction Plan.





As depicted on the location map, the parcel is situated on both sides of Riley Road (Route 676) between its intersection with Route 15/29 and Route 600 (Broad Run Church Road). 




Location Map





  1. Preliminary Plat
  2. Proffer Statement
  3. Cul-de-sac Length Waiver