PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                                      Board of Supervisors Meeting Date:

Llewellyn J. Evans                                                                                                July 21, 2003

Staff Lead:                                                                                                       Department:

Robert C. Counts                                                                               Community Development

Magisterial District: Scott                                                                                         PIN(s):

Service District: Warrenton                                                                     6995-15-0169-000

                                                                                                                  6995-16-4081-000

                                                                                                                  6995-15-0974-000

Topic: A Resolution to Approve SE02-S-23: a Category 31 Special Exception to Waive the Requirement for Public Water and Allow the Use of a Private Central Water System to Serve the Reserve at Glanaman Subdivision, Llewellyn J. Evans, Owner and Applicant.

Description of Topic:

The Planning Commission initially considered this proposed development in September 2002. At that time, the proposed subdivision was to be called Airlie Estates and the Applicant was seeking several Special Exceptions. Among the requested Special Exceptions were a Category 29 waiver of public street requirement, a Category 23 request to cross the floodplain to gain access to the site, and a Category 31 waiver of public water requirements.

The Board of Supervisors approved the Category 23 request in November 2002. Action on the Category 31 Special Exception was deferred by the Planning Commission at the Applicantís request, pending further determinations regarding the possible availability of public water and/or the completion of a hydrogeological study of the site. The Applicant has since elected to develop the property using public streets and has withdrawn the request for a waiver of public street requirements.

The Applicant is now seeking approval of a Category 31 Special Exception to construct a private water system to serve the proposed community. Public water is not available to the site.

The combined properties total 46.145 acres. As shown on the following map, the site is located on the east side of Airlie Road (Route 605) north of its intersection with Surry Court , in the Warrenton Service District.

Staff Analysis

Section 7-501 of the Zoning Ordinance generally requires that a subdivision of seven or more building lots be served by a public water system. However, Section 5-3100 provides for a waiver of this requirement under the following conditions:

  1. The Fauquier County Water and Sanitation Authority refuses in writing to operate the proposed system or the applicant demonstrates to the Board that the provision of a public or central water system is technically or economically infeasible.
  2. The applicant demonstrates that the proposed central water system or individual wells on individual lots will not damage the wells of adjoining parcels or interfere with future development of adjoining parcels. This demonstration will be based on the results of a hydrogeological report and testing as outlined in Chapter 18 of the Subdivision Ordinance.

3.      Where a private central water system is proposed, the applicant has sufficient financial resources and a business plan to insure the successful operation of the system for a period of at least ten years, adequate provisions will be made to provide for the continued successful operation of the system, and the system will be deeded to a homeowners association with all necessary authority and easements to operate the system in perpetuity.

The Applicant has attempted to obtain public water service and has received notification from both the Town of Warrenton and the Fauquier County Water and Sanitation Authority (WSA) that public water is not available to the site. These letters are included as Attachments 1 and 2.

In addition, the Applicantís contract consultant, Emery and Garrett Groundwater, Inc., has completed a hydrogeologic study of the site identifying a well yielding approximately 40 gallons per minute without any degradation of adjacent wells. The County Soil Scientist has reviewed this report and concurs with the finding that there is enough ground water to provide both adequate flow and quality to support this proposed subdivision with minimal affect on neighboring wells. The County Soil Scientist has further concluded that the reportís information meets the intent of Section 18 of the Fauquier County Subdivision Ordinance. A copy of the Emery and Garrett reportís cover letter summarizing the study results is included as Attachment 3. The full text of the County Soil Scientistís report is included as Attachment 4.

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing on Special Exception request SE02-S-23 and consider the recommended resolution of approval.

Summary and Recommendation

The Planning Commission conducted a public hearing on SE02-S-23 in September 2002 but deferred action at that time pending a final determination of the availability of public water and the completion of a hydrogeologic study. The Planning Commission reconsidered this application at its meeting on June 26, 2003 . At that meeting, the Planning Commission determined that the Applicant has met the requirements of the Zoning Ordinance for waiving the public water requirement.

Accordingly, the Planning Commission has forwarded SE02-S-23 to the Board of Supervisors with a recommendation of approval, subject to the Applicant obtaining all applicable licenses and permits to construct and operate a private water supply system.  This approval is for a maximum of twenty-three (23) lots.  In addition, prior to the approval of the Final Plat, the applicant shall demonstrate that sufficient financial resources and a business plan are in place to insure the successful operation of the system for at least ten (10) years.  Further, the system shall be deeded to a homeowners association with all necessary authority and easements to operate the system in perpetuity.

Attachments:

1.      Town of Warrenton letter re: Water Service

2.      Water & Sanitation Authority letter re: Water Service

3.      Emery & Garrett Cover Letter

4.      County Soil Scientist Report

5.      Approval Resolution