Owners/Applicants:                                       Board of Supervisors Meeting Date:

Leocade Leighton,                                                                    July 21, 2003

Staff Lead:                                                                        Department:

Robert C. Counts,                                                      Community Development

Magisterial District: Scott                                                        PIN(s):

Service District: New Baltimore                                  7905-86-6547-000


An Ordinance to Approve RZ03-S-14: The Rezoning of Approximately One Acre from R-1 to R-2, Leocade Leighton, Owner and Applicant

Topic Description:

The subject property has a lengthy legal history, beginning with its origin as three of four parcels created in the 1968 subdivision of Broken Hills Section 5. The abridged version of this story focuses on the improper creation of an unusable remnant lot at the time of subdivision. The existence of this improper remnant prompted a finding by the County Attorney that Broken Hills Section 5 is not a legally platted subdivision.

Attempts to legally establish what for years has been perceived as an existing, developed lot, has been complicated by changes in the Zoning Ordinance’s density requirements since the original 1968 division.  Fauquier County has been in litigation regarding the subdivision plat and other attendant issues since 1987.  Over the years, various parties have presented a number of potential solutions, but, to date, none have been implemented. The most recent suggested response to the density issue is to increase the density by rezoning the affected properties.

The Applicant has requested a rezoning to allow the platting of a legal lot without creating any net gain in subdivision density.  The Department of Community Development and the County Attorney ’s Office agree with the proposed approach. To facilitate this solution to a longstanding problem, the Board of Supervisors has waived the application fee for this rezoning request.

Land Area, Location, Zoning, and Neighboring Land Use:

As shown on the map below, the property is located on the northwest side of Riley Road (Route 676). It consists of a one-acre parcel currently zoned Residential (R-1). The property is surrounded by other properties in the R-1 zoning district. These properties are all developed in similar residential uses.

Location Map

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing on RZ03-S-14 and consider the recommended Ordinance of approval. 

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 has reviewed the Applicant’s Statement of Justification, proposed proffers, and other documents on file. In addition, staff has also discussed these documents and related issues with the County Attorney . Based on this review, staff concludes that the proposed action is essentially a technical correction of a long-standing problem; it will change neither the existing use nor the property’s subdivision potential. There are no other significant staff findings.

Summary and Recommendation:

Although the proposed action changes the zoning classification of the subject parcel, the net effect is to simply correct errors made in 1968. It will have no other result than to legitimatize what has been perceived for more than 30 years as a legally developed residential subdivision. Accordingly, the Planning Commission has recommended approval of RZ03-S-14 subject to the following proffered condition: The Applicant proffers that the rezoning of the subject property from R-1 to R-2 will result in no net gain in subdivision or development potential.


  1. Applicant’s Statement of Justification
  2. Rezoning Plat
  3. Approval Ordinance