PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date: 

Walnut Hill Farm, LLC

August 14, 2008

Staff Lead:

Department: 

Melissa Dargis, Assistant Chief of Planning

Community Development

Magisterial District: Cedar Run

PIN: 7920-71-1382-000

Service District: None

Topic:   

A Resolution to Approve a Category 21 Special Exception Amendment (SEAM08-CR-005) to Amend a Previously Approved Special Exception Condition

Topic Description:

Walnut Hill Airstrip is a private use grass airstrip located on an approximately 111 acre farm near Calverton.  It contains one hangar on the site and a pole barn that serves to store aircraft.  On January 21, 1986 the Board of Supervisors approved a Special Exception, with conditions, for a private use airstrip on the applicant’s property.  This included a condition that specified that if the property changed hands, the new owner must reapply for Special Exception approval in order to continue the airstrip use.  The aforementioned condition is the reason for the Special Exception Amendment; to allow for a new owner.  There are no other condition changes requested.

The original Special Exception was applied for by the applicant’s late husband and was approved in his name, F. Scott Seegers and another owner Penelope Gunn.  Ms. Gunn is no longer associated with the property or airstrip.  The applicant now owns the property and requests that the use limitation to the original landowners be removed and that the use go with the property.

Further clarifications were made to the Special Exception conditions on September 16, 1997, the Board of Supervisors eliminated the original condition #3 (which specified a location of the proposed hangar) and approved a new condition #3 to indicate a hanger size (not location).  The pole barn on the property functioned as a hangar until the new hangar was constructed.  The pole barn hangar is still in use, when needed for aircraft storage.

Location,  Zoning and Current Land Use:

The property is located on Shenandoah Path, south of Bristersburg Road.  It is zoned Rural Agricultural (RA).  Consistent with the RA zoning category, the property is located in a district where agriculture and forestry are the predominant uses.  A map of the property is shown below:    

 Surrounding Zoning and Current Land Use:

Surrounding parcels are zoned RA. 

Staff and Review Agency Comments: 

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Findings, comments, and recommendations are summarized below. Following each comment is a staff note in italics stating how the comment has been addressed.

Zoning

The following Zoning Ordinance standards are applicable:

a.       5-006 General Standards

b.      5-2100 Additional Submission Requirements for Category 21 Uses

c.       5-2101 Standards for All Category 21 Uses

Zoning Staff defers to Planning Staff the assessment of standard compliance.

On January 21, 1986 the Fauquier County Board of Supervisors approved the Special Exception for the airstrip use.  The applicant has included the original materials such as the Special Exception plat, qualifying letter of licensing with the Virginia Department of Aviation and the U.S. Department of Transportation Federal Aviation Administration letter of approval that are required for this type of use.  In addition, the use has not changed from its original proposal and thus, still meets the standards set forth in Article 5.  These standards such as 5-2100.2 – “All applications shall include evidence that the proposed facility will meet the standards and requirements imposed by such agencies as the Federal Aviation Administration and all other federal, state or local statutes, ordinances, rules or regulations applicable thereto” and 5-2101.4 – “Structures to be used by aircraft shall be located a minimum distance of 200 feet from any adjoining rural, residential or commercial zoning district, or 75 feet from any adjoining industrial district” were evaluated in 1986 and 1997.

Engineering

The Engineering Department has reviewed the above referenced Special Exception, and has the following comment:

Code Compliance

1.      There is to be no fill in the floodplain at the south end of the air strip without a special exception.

(No construction activities are proposed with this application; thus, there is no fill in the floodplain.)

VDOT

The Warrenton Residency staff has no comments regarding the special exception amendment for the above project to change the name of the applicant.

Summary and Recommendation:

This item is ready for action.  Special Exception conditions have been prepared to clarify that the use will stay with the land.

Planning Commission Action: 

On June 26, 2008 the Planning Commission unanimously recommended approval of this item.

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

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

Department of Community Development

Attachments:

1.                  Statement of Justification

2.                  Special Exception Plat