COUNTY OF FAUQUIER

DEPARTMENT OF COMMUNITY DEVELOPMENT

PLANNING COMMISSION STAFF REPORT

APRIL 25, 2002

SPECIAL EXCEPTION #SE 02-M-20

BOXALL/IVERSON TRUST PROPERTY, OPEN SPACE REDUCTION 

OWNERS:

Randall and Kathleen Boxall, Mark Olson (for Iverson Trust)

 

5503 Sully Lake Drive

Centreville, VA  20120

 

APPLICANTS:

Randall and Kathleen Boxall

 

 

PROPOSAL:

In accordance with the provisions of Article 2-406.5, paragraph D of the Zoning Ordinance, the applicants are seeking a reduction in the 85% open space requirement for a parcel greater than 30 acres in size.  The proposed reduction would allow this property, currently held in a trust, to be divided into two parcels of 22 and 28 acres.  The Zoning Ordinance provisions would require an 85% open space parcel of 43 acres, so this proposed request would allow a 30% reduction.

To divide the property, the applicants also need a waiver of the required distance from a public road.  The maximum distance without a waiver allowed under the Subdivision Ordinance is 5,000 feet.  This property is approximately 9,500 feet from a state road.

 

 

LOCATION:

At the terminus of private access easement that accesses Tuckers Lane (State Route 725), on the north side of Interstate 66 in the Linden area.  The property is adjacent to the western boundary of the Richard Thompson Wildlife Management Area.

 

 

MAGISTERIAL DISTRICT:

Marshall District

 

 

PROPERTY I.D.

NUMBER AND SIZE:

 

6012-20-7910-000, 50.66 acres

 

 

CURRENT ZONING:

RA (Rural Agricultural)

 

EXISTING ZONING AND LAND USES OF ADJACENT PROPERTIES

N

RC (Rural Conservation)

Wildlife Management Area

S

RC (Rural Conservation)

Federal Government Land

E

RC (Rural Conservation)

Wildlife Management Area

W

RC (Rural Conservation)

Wooded/Residential

       

 STAFF PLANNER:                 Brian Davis 

Background

The subject property consists of approximately 50 acres and is located in a remote, forested area with steep terrain in the Linden area, adjacent to the Richard Thompson Wildlife Management Area.  The parcel is one of the approximately 25 large-acre lots that make up the Hazegrove (Hazen Ham) subdivision.  There is an existing residential structure in the southeastern portion of the property.  The property was purchased by the current owners in 1998 and is jointly owned by two families.  At this time, the two families would like to divide the property in a more equitable fashion than what the Zoning Ordinance permits so that separate titles may be obtained. 

Because the subject property is zoned RA (Agricultural) and greater than 30 acres in size, the provisions of Article 2-406.3 of the Zoning Ordinance requiring an 85% open space parcel would apply.  This requirement, combined with the sliding scale density for the RA district would mean that a 43-acre parcel would have to be placed into an open space easement and the remaining 7.5 acres could be divided into two (2) additional lots.

With this request, the applicant is also seeking a 4,500 foot modification to the distance from a public road in the creation of an administrative subdivision. 

STAFF AND AGENCY REVIEW 

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance and other relevant policies and regulations.  An analysis of these referrals and the actual comments from the appropriate agencies are included as attachments to this report.

Findings

With the incorporation of the proposed conditions found at Attachment 1, it is staff’s evaluation that this application is in substantial conformance with the Comprehensive Plan and the applicable Zoning Ordinance provisions.  Should the Planning Commission choose to recommend approval of this open space reduction, staff recommends that such action should be subject to the proposed conditions contained in Attachment 1 of this staff report.

Staff is also of the opinion that the modification in the distance from a public road has some merit to consider in this case as the second house to be built would be closer to the state road than the existing house on the property.  Further, the Homeowner’s Association which maintains the private road already recognizes the subject property as two separate lots for their purposes.  It should also be noted that the Transportation Committee is also reviewing the possibility of adding Tucker’s Lane to the state road system, or at least extending the state road beyond where it currently terminates.

Attachments

1.       Development Conditions

2.       Applicant’s Justification Statement, including support letters from adjacent property owners

3.       Staff Analysis

4.       Soil Scientist Review  

5.    Map 1, Map 2, Map 3

 

STAFF ANALYSIS

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Staff findings, comments and recommendations, as well as referral agency comments follow:

1. Comprehensive Plan

The subject property is designated for rural and conservation uses in the Comprehensive Plan.  The immediate area surrounding this parcel has been subdivided into residential lots ranging in size from 10 to 18 acres on the west.  The potential for one additional house site on a 22-acre parcels appears to be in general conformance with the Comprehensive Plan and the existing pattern of development in the immediate area.

2. Zoning Ordinance

Subdivision of this parcel under its current zoning could be permitted with a density of three (3) total lots, two (2) conventional lots plus the residue of 85%.  The two (2) new lots could be a minimum of one acre each in size.  Staff has proposed a development condition that would prevent each of the parcels from being further subdivided, thereby reducing the possible density of this parcel.  The applicant’s proposal would also result in lot sizes greater than what the Zoning Ordinance would permit under a “by-right” subdivision of the property.

When considering a reduction in the 85% open space requirement, the following provisions of Article 2-406.5 of the Zoning Ordinance should be considered:

Ø      Natural Resources

There is no floodplain on the subject property and the prevalence of steep slopes indicates that there are no prime agricultural lands.

Ø      Scenic and/or Historic Resources

There are no known historical resources on the subject property based upon a review of the information contained in the Comprehensive Plan.  The property is adjacent to the Richard Thompson Wildlife Management Area and near the Appalachian Trail; however, it is staff’s evaluation that the two small clustered lots permitted under the by-right zoning would potentially have a greater impact on these resources than one additional house on a 22 acre parcel.

Ø      Compatibility with existing character and intensity of area

As indicated previously, the applicant is proposing to create two parcels in excess of 20 acres, and there is a staff condition that would deed-restrict the property from further subdivision.  This combination of facts ensures that the property will remain in a character that is consistent with the existing pattern of development in the surrounding area.

3. Soil Scientist Review

The County Soil Scientist has indicated that the proposed division of the parcel follows a natural drainageway and yields two usable lots.  It is further noted that the steep slopes do not appear to affect the existing road or proposed house site.