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The applicant sought Preliminary Plat approval to divide one
parcel of approximately 186.118 acres into seven (7)
single-family residential lots ranging in size from ±3.12 to
±5.21 acres, with a non-common open space lot of 158.70
acres.
In April, 2006, at the Planning Commission’s request, the
applicant agreed to consider reconfiguration of the
subdivision to reduce Lost Corner Road impacts and to
address many of the neighbors’ concerns regarding the
cluster lay-out, run-off, and preserving open space as
required by the Fauquier County Zoning Ordinance. At this
time, a revised Preliminary Plat placing lots in a cluster
off of Lost Corner Road has not been submitted. The
Planning Commission offered to sponsor a Special Exception
request to allow access to the lots from an existing private
street with this scenario.
Article 2-406(5)(A) of the Fauquier County Zoning Ordinance
addresses open space requirements for subdivisions in Rural
Agricultural (RA) and Rural Conservation (RC) zoning
districts. The Zoning Ordinance states that the proposed
development shall not result in the unnecessary loss or
degradation of natural resources, including and not limited
to prime agricultural and forestal lands; environmentally
sensitive areas such as floodplains, steep slopes, rock
outcrops and seasonally wet areas; predominant or unusual
geologic features such as mountain peaks, caverns, gorges;
areas critical to the existence of important flora or
fauna. The Zoning Ordinance further states that the
Fauquier County Board of Supervisors shall take into account
any scenic and/or historic resources that would be impacted
by the development and may require that adverse impacts be
mitigated, pursuant to Zoning Ordinance Section 2-406(5)(B).
The applicant asserts that with the proposed design they
have taken every step to mitigate the visual impacts
associated with the development. They contend that the
proposed open space for Chattin’s Run South responds to the
preservation of environmentally sensitive areas, historic
resources, and natural resources as required by the Zoning
Ordinance.
Staff has made a site visit to the property to meet with
neighbors concerned about the pending subdivision. Two
major concerns are the visual and historical impacts the
subdivision could create. This property, as well as
adjoining property owned by Flint Hill Farm, LLC, holds
historical significance with regard to the Civil War – much
of the property was once owned by George Washington and
General George McClellan was relieved from the command of
the Army of the Potomac on this farm. The Planning
Commission had to decide if the applicant was addressing the
open space requirements as required by the Fauquier County
Zoning Ordinance.
Numerous letters were received from adjoining property
owners opposed to the Preliminary Plat proposal and are
included as Attachment 1. Not only are the neighbors
concerned with the visual and historical impacts of the
proposed subdivision, but they are concerned about the
safety of the road, run-off, flooding, construction traffic,
and definition of a true “cluster” subdivision. The
applicant did meet with the neighbors recently to present a
type of modified large lot layout that would have required a
Special Exception for a reduction in open space. The
applicant was proposing four lots of approximately 40 acres
in size using the existing private road. The applicant
stated the neighbors were in agreement with this layout;
however, a letter was received from several of the neighbors
opposing the revised ±40-acre lot layout.
On June 29, 2006, the Planning Commission voted unanimously
to deny the Preliminary Plat. Section 15.2-2286(12) of the
Code of Virginia provides that “a locality may, at its
option, provide in its zoning or subdivision ordinance
standards, conditions and criteria for clustering of
single-family dwellings and the preservation of open space
developments. In establishing such standards, conditions and
criteria, the governing body may, at its discretion, include
any provisions it determines appropriate to ensure quality
development, preservation of open space and compliance with
its comprehensive plan and land use ordinances” which is one
of the reasons cited by the Planning Commission in its
decision to deny the Plat. The County has adopted Zoning
Ordinance, Comprehensive Plan and Subdivision Ordinance
provisions to ensure such quality development. The
recommended reasons for denial and means to correct the
deficiencies are included in the appeal package and
associated exhibits as Attachment 2.
Since that time, Flint Hill Partners, LLC (“Flint Hill”), by
counsel, pursuant to Zoning Ordinance Section 2-406(6), has
filed an appeal of the disapproval of a preliminary
subdivision plat by the Planning Commission. With this
appeal the Board of Supervisors must decide whether the
Planning Commission decision was correct, and may reverse or
uphold the decision.
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