PUBLIC HEARING AGENDA REQUEST
Board of Supervisors Meeting Date:
A. Hufnagel, Owner
Robert C. Counts Community Development
Service District: Warrenton 6995-21-1875-000
Resolutions to Approve SE03-C-32 and SE03-C-33: Respectively, a Category 20 Special Exception to Allow the Construction of a Community Wastewater Treatment and Disposal System, and a Category 30 Special Exception to Waive the Requirement of Providing Public Sewer to a Subdivision, Margaret A. Hufnagel, Owner, Landmark Property Development, LLC, Applicant.
Applicant has proposed the rezoning of 64.29 acres from Residential
District (R-1) to Planned Residential Development District (PRD). The
proposed rezoning would yield 64 residential building lots. The current
by-right development of the site would, subject to adequate well and
septic sites, yield no more than 57 building lots. The proposed planned
development is dependent upon central water and sewer facilities. The
property will be served by the WSA water system, but the Town of
Planning Commission has recommended approval of the proposed rezoning;
however, this approval is dependent upon the Applicant obtaining either
public sewer or approval of the requested Special Exceptions. If the Board
approves the Special Exceptions, the Applicant’s rezoning request will
be scheduled for Board of Supervisors’ consideration at its September
Area, Location, Zoning and Neighboring Land Use:
shown on the following map, the subject property is located at the
southeast quadrant of the Route 29 and Route 605 intersection. The
property is surrounded by residential development, predominantly by R-1
zoned neighborhoods such as Millwood, Ashley Meadows, and
Requested of the Board of Supervisors:
The Board of Supervisors is requested to conduct a public hearing and consider adoption of the attached resolutions to approve SE03-C-32 and SE03-C-33.
and 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.
subject property is located in the Warrenton Service District and is
currently planned and zoned for low-density residential development. The
current R-1 zoning would allow the by-right development of up to 57
residential lots. The Applicant estimates that with site constraints, the
parcel would yield approximately 50 residential lots if developed as a
Applicant proposes to use PRD zoning to develop at slightly higher than
the current zoning density. The proposal would cluster 64 building lots to
the rear of the property, away from the frontage on Route 29. This
approach was chosen to accommodate both a preferred smaller lot
urban-style design and the provision of several proffered public amenities
proposed plan is responsive to the input provided by the Citizen Planning
Committee for the Warrenton Service District Plan Update.
of the Zoning Ordinance
Applicant has requested a Category 30 Special Exception to waive the
requirement of public sewer. Generally, the
Fauquier County Zoning Ordinance requires the use of public sewer and
public water in the development of subdivisions of more than 25 lots or
units. The proposed Raymond Farm development contains 64 units. It will be
served by public water from the WSA system, but is located outside of the
area to be served by public sewer. The Applicant has sought public sewer
from the Town of
5-3000 of the Zoning Ordinance provides for a waiver of this
requirement in cases where the
proposed subdivision lots are to be served by a private central sewer
system, and the Applicant has demonstrated that:
Applicant has sufficient financial resources and a business plan to ensure
the successful operation of the system for a period of at least ten years,
and that the system will be deeded to an entity with all the necessary
authority and easements to operate the system in perpetuity.
The Applicant is also seeking a Special Exception pursuant to Section 5-2000 to construct a community wastewater treatment and disposal system. Such a system, if approved, would be subject to regulation by a number of State agencies including the Health Department and the Virginia Department of Environmental Quality. It would be required to meet stringent standards for both construction and operation.
The Zoning Ordinance allows for a private sewage treatment system for new construction for Commercial or Industrial uses outside of service districts provided that the system is operated under the control of the Fauquier County Water and Sanitation Authority, or a Class III wastewater operator which holds a current permit licensed in the State of Virginia. In approving such a system, the Board may establish conditions including, but not limited to, use, maintenance, and testing.
Currently, the Ordinance is silent on the specific
conditions for approving private sewer treatment systems to be located in
residential districts within service districts. In the absence of specific
criteria, this application was evaluated against the general standards for
Special Exceptions contained in Section 5-006:
The Engineering Division has reviewed the Applicant’s requests and has made a number of observations:
The County Soil Scientist has reviewed the proposed use and found that, overall, the soil in the proposed disposal sites are very good (53C). There are, however, some colluvial soils that may be of concern at the construction approval stage. Soils such as 415 B can have a perched water table during wet seasons of the year. Additional information from the Applicant’s soil scientist is needed to determine the extent of this 415 B mapping unit in the actual disposal sites. This information must be provided prior to final site plan approval.
SE03-C-32: Community Wastewater Treatment And Disposal System
development of this property using public sewer is the stated first
preference of the Applicant. Staff recommends that the Applicant continue
to pursue that avenue of development. The Planning Commission also
strongly favors the use of public sewer and has recommended denial of this
Special Exception for reasons outlined in their recommend Resolution of
Denial (Attachment 4). However, should further attempts to obtain public
sewer fail, and the Board of Supervisors choose to approve the Special
Exception for a community wastewater system, the Planning Commission
recommends that such approval be subject to the following conditions:
7. The County or WSA shall establish and maintain a reserve fund for future capital replacement of the system or connection to an alternative system to serve this development. The Applicant has offered an initial cash contribution to this fund of $20,000. The operating fees assessed to system users shall include a portion to be set aside for this fund, in addition to the fee that recaptures the costs of operating and maintaining the system. These fees shall commence as each dwelling connects to the system. The Planning Commission recommends a more substantial contribution by the Applicant.
SE03-C-33: Waiver of Public Sewer Requirement
The Applicant has made every effort to obtain public sewer for this development, and has stated no objection to transferring the proposed community wastewater system to public ownership. However, the requested waiver of public sewer requirements would allow development using either the proposed community system or conventional drainfields. Staff has suggested a condition of public ownership for the community system. However, given the current uncertainty associated with public ownership of community systems of this type, to deny the Applicant’s request for a waiver of the public sewer requirement would also preclude the use of conventional drainfields and would unreasonably restrict development options on the site. The Planning Commission recommends approval of SE03-C-33.