PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

Douglas E. & Sharon Y. Darling (Owners)

  Fauquier County Water and Sanitation

  Authority (Applicant)

 

July 19, 2004

 

 

Staff Lead:

 

Melissa Dargis, Assistant Chief of Planning

Department:

 

Community Development

 

Magisterial District: Marshall

 

Service District:  Marshall

 

PIN:

 

6969-47-7043-000

Topic:

 

A Resolution to Deny Special Exception SPEX04-MA-020, a Category 20 Special Exception to Allow Construction of an Above Ground Water Storage Silo

 

Topic Description: 

 

The purpose of this Special Exception is to obtain approval for the construction of an above ground water storage silo.  Water service in Marshall is currently provided by the privately held Marshall Water Works.  The system has a long history of low water pressure and inadequate water flow.  There is not enough flow to provide fire protection anywhere in the Marshall Service District.  The Marshall Service District Plan discusses comprehensive upgrades to the water system to improve quality, pressure and fire flow.  Ultimately, the Plan calls for the Fauquier County Water and Sanitation Authority (WSA) to own and operate the system.  Initially, the needed improvements will be the products of coordinated investment from both public and private participants.

 

Project Update:

 

On June 21, 2004, the Board of Supervisors opened a public hearing on this request.  Several members of the public spoke regarding water service in Marshall and the significance of the Cannon Ridge site.  The Board of Supervisors postponed action on the application and kept the public hearing open to allow additional public input and to provide time for the Water and Sanitation Authority (WSA) to complete a staff report regarding its plan for system improvements.

 

Project History:

 

The Applicant intends to place an above ground water storage tank “Aqua Store” silo structure that is approximately 80 feet in height at the proposed location in the Marshall District.  WSA currently owns the proposed tank, so it can be used for this purpose at no additional cost to customers.  However, WSA indicated that for engineering reasons, the silo must be located at a specified elevation of 730 feet.  The proposed site located at the western end of the Service District on the south side of West Main Street (Route 55) was the only location that met the consultant’s elevation requirement for this silo tank.  The nearest alternative location that met the elevation requirement was northwest of the Marshall Middle School site off Zulla Road in the vicinity of Stony Hill Lane.  Another location outside of the Service District, is over three miles away from the preferred site.  It is near the District’s western boundary and it would require significant cost to WSA for additional piping.  These options would require larger tower type facilities to meet both the storage and hydraulic pressure requirements needed to balance the pressure within the system.

 

The developer of Cannon Ridge has offered WSA the proposed site at no cost.  The developer has also offered to move the WSA-owned water silo and reconstruct it at the Cannon Ridge site.  The site is a 50’ by 50’ lot, however actual site grading will be limited to the structures 29-foot radius “footprint.”  The applicant intends to minimize tree clearing.  The lot will be accessed for service and maintenance via a 25-foot ingress/egress easement with a 12-foot gravel travel way.  The easement will also contain the water main connecting the storage silo to the Cannon Ridge subdivision and adjacent properties.  Both the silo and the road are within the open space area to be controlled by the Cannon Ridge Homeowners Association.  The portion of the land that contains the tower will become fee simple ownership (for WSA) and then require classification from “common” to “dedicated” open space.

 

The Cannon Ridge Subdivision has an approved Special Exception (SPEX03-MA-016) for a reduction in open space for the subdivision.  That Special Exception would require an amendment to further reduce the open space requirements so that the water storage silo can be placed at the applicant’s proposed (preferred) location.  According to Section 2-309 of the Fauquier County Zoning Ordinance:

 

No part of the open space in any development shall be subsequently reduced below the minimum requirements of the Ordinance.  {Note that the computation of open space areas is based upon six rules; one of which is listed below.}

 

5.       In no instance shall open space credit be given for lands which are included in or reserved for the right-of-way of any street, or for any public facility except as qualified in the paragraphs above. With respect to public utilities, the “paragraphs above” do not consider it as part of open space, except as part of utility easements, and then only when the remaining portions of the easements are dedicated for recreation/open space use. (2-309.4).

 

Requested Action of the Board of Supervisors:

 

Hold a public hearing and postpone action of the attached resolution.  The property was not appropriately posted by the applicant with the required notice.

 

Financial Impact Analysis:

 

None.

 

Planning Commission Recommendation:

 

After conducting a public hearing, the Planning Commission recommended that the Board of Supervisors deny Special Exception SPEX04-MA-020 and its request for the construction of an above ground water storage silo.

 

Land Area, Location and Zoning:    

 

The property, which is in the Marshall Service District, is located off Main Street in Marshall, Virginia; across from the Marshall Rescue Squad and east of Lunceford Lane, Marshall District.  The property is zoned Residential (R-2).  A map of the property is shown below.

 

                                 

                       

 

Neighboring Zoning/Land Use:

The property is bordered by parcels zoned Residential (E-4), Rural Agricultural (RA) and Commercial-Neighborhood (C-1).  The predominant land use is residential and the property is also adjacent to Marshall’s Main Street (Central Business District).

 

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 and referral agency findings, comments, and recommendations are summarized below.  The actual responses from referral agencies are available upon request.

 

The Fauquier County Water and Sanitation Authority (WSA) proposes to locate a water storage facility on Stephenson Hill (per local historian Eugene Scheel), otherwise known as Cannon Ridge, in the southwest quadrant of Marshall.  This small hill was identified in the Marshall Citizen Committee VISION exercise as an important cultural and environmental resource to the community, which had a military significance during the Civil War.  Accordingly, the Marshall Service District Comprehensive Plan identifies Stephenson Hill as a preserved area, and such was given consideration during recent subdivision approval of this parcel.  Given the importance of Stephenson Hill/Cannon Ridge to the community, any public facility proposed to be located in this area should be given particular scrutiny to this regard and, if located, the facility should be very unobtrusive.

 

Zoning

 

1.         A Major Site Plan consistent with Article 12 of the Fauquier County Zoning Ordinance and all applicable conditions set forth in the Special Exception must be submitted for approval prior to obtaining building and zoning permits. 

 

2.         This application cannot be approved unless a Special Exception to reduce the required open space for the Cannon Ridge Subdivision is first approved by the Board.  The Cannon Ridge Subdivision has an existing Special Exception which reduced their open space requirement from 50% to 44%, and because this proposed tower further reduces the open space, another Special Exception approval is required.  Section 2-309 specifically prohibits credit being given for open space for this type of public facility.

 

Summary and Recommendations:

 

Staff and the Planning Commission are not in support of this Special Exception and recommend a resolution to deny the request.  Also note that this application is directly linked to a Special Exception Amendment request (SPEX03-MA-016) that the Planning Commissioners forwarded with recommendation of denial at its May 27, 2004 meeting.  Consideration of approval for this Special Exception first requires the approval of the aforementioned open space reduction Special Exception Amendment or it cannot proceed. 

 

Since the two Special Exceptions are linked, it is suggested that they are treated in the same regard.  Additionally, staff asks the Board to take into consideration the historical significance of this site and the sensitivity of the proposed location.  The proposed location sits upon the highest point in Marshall, as well as one of historic significance.  It is an area that, albeit privately owned, is of great importance to community residents.  If the Board should decide to approve the aforementioned request, staff recommends maintaining the original conditions and resolution, with the addition of the amendment to the text to reflect the change in open space, and to have this change of open space include the reduction of the access road to the site.

 

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

Fauquier County Department of Community Development

Fauquier County Water and Sanitation Authority

Residents of the Marshall Community

 

 

Attachments:

 

1.      Statement of Justification

2.      Special Exception Plat