Board of Supervisors Meeting Date:

Mary A. & Jackie H. Raines Sr.


September 13, 2007

Staff Lead:
Kimberly Abe, Senior Planner

Community Development


Magisterial District:
Cedar Run




A Rezoning Request (REZN07-CR-005) from Rural Agriculture (RA) to Rural Residential (RR-2) to Allow for One Additional Family Division, Cedar Run District  


Topic Description:

The property owner is seeking a rezoning of approximately 4.600 acres from Rural Agriculture (RA) to Rural Residential (RR-2) to allow for one family division on property described as PIN 6982-64-6344-000.

The applicant’s Proffer Statement (Attachment 2) states that after one additional residential lot is approved and recorded, the applicant shall request that the 4.6 acres be rezoned again to Rural Agriculture (RA).

The Planning Commission unanimously recommended denial of this project at their July 26, 2007 meeting.  The Planning Commission acknowledged the family’s objective to gain one more lot. However, their principal reason for recommended denial was that the development rights for the RA parent parcel have been fully developed subject to sliding scale density provisions.

Background and Analysis:

Subdivision History

All subdivision rights have been exhausted on the subject property under current zoning of Rural Agriculture (RA).

The proposed 4.600 lot (shown as Parcel B on Attachment 4) is part of an existing 28.91 acre parcel (shown as Parcel A and B on Attachment 4) that formed a portion of a 354.25 acre parcel in 1981.

Beginning in 1987, the parent parcel was subdivided into two 2-acre family divisions, followed by three 2-acre administrative divisions comprising Phase 1 of the Old Mill Estates subdivision.  In May, 1998, the applicant recorded a final plat for Phase 2 of Old Mill Estates that included two 2- acre lots, one 5-acre lot, and one 10-acre lot.

In 2000, Lot 7 was increased in size from 10-acres to 34.6 acres via a boundary line adjustment. In March, 2001 a boundary line adjustment approved as a correction deed removed 5.627 acres from the 34.6 acre parcel, resulting in the current 28.91-acre parcel.

Figure 1

Comprehensive Plan and Zoning Issues

The Zoning Ordinance specifies that Comprehensive Plan Amendments are necessary if the requested density exceeds the density as depicted in the Comprehensive Plan and when the request is more than 10 acres.  This land is currently designated and zoned Rural Agriculture (RA).

Chapter 4 (page 4) of the Comprehensive Plan and the "purpose and intent" of RR-2 recite that the Rural Residential District reflects the existence of rural residential development and/or those areas where agricultural and forestal activity is not the predominant use, and the soils and lot sizes are not generally suited for the same.  Given that the property is located adjacent to existing RR-2 zoning and, the request is less than 10-acres, it is planning staff's recommendation that no Comprehensive Plan Amendment is required in this instance

This property is in the vicinity of Airport Inn Village.  The recently updated Comprehensive Plan limits growth around the village proper by confirming Airport Inn Village boundaries to the 37-acre area identified in the 1977 plan.  Peripheral areas around Airport Inn are currently zoned RR-2 and extend to the northwestern corner of the subject property, as shown in Figure 1 on the preceding page. 

Figure 1 identifies the location of the proposed 4.600 RR-2 lot in context of the surrounding neighborhood.  The yellow areas are zoned Rural Residential (RR-2).  The area in red outlines the 28.91 acre parcel, and the red-hatched highlighted area identifies the approximate location of the 4.600-acre lot proposed for Rezoning.


Neighboring Land Use/ Zoning:

The subject parcel is bounded to the north by land zoned Rural Agriculture (RA) and Rural Residential (RR-2).  The areas to the west, east, and south, are zoned Rural Agriculture (RA.) 


Staff Analysis: 

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning and Subdivision Ordinances, and other relevant policies and regulations.  Findings, comments, and recommendations are summarized below.


After reviewing the rezoning plat, sealed by John P. Foster, L.S., on Feb 14, 2007, the following comments are made: 

1.      Approximately 48% of the proposed lot is mapped soils that are marginal for development using conventional septic tank and drainfields.  The major limitation is slow percolation rate.  Approximately 24% of the proposed lot is mapped soils that are not suited to development using conventional septic tank and drainfields.  The major limitations are flooding and depth to water table.

2.      Approximately 2.9% of the site is mapped as 100 year floodplain. Houses, drainfields and wells are not to be located in the 100-year floodplain.  

Public Schools

1.      The capital cost to the school division for each single family detached dwelling is $21,424.  In addition, the school division incurs a per pupil operating cost of $10,291. The Total Capital and Operating Cost Impact is $31,715.  The difference between any contribution provided by the developer for public education and the above amount must come from other forms of revenue, primarily real estate taxes and state funding.

2.      The subdivision is currently in the Grace Miller Elementary School zone, the Taylor Middle School zone, and the Liberty High School Zone.  These zones are subject to change at the discretion of the school division. Grace Miller Elementary School is currently exceeding its capacity, and using temporary classrooms to serve its student population. Additional temporary classrooms will need to be added as growth occurs from new development.  A new elementary school for southern Fauquier County is included in the County’s Capital Improvement Plan to open in August, 2009.  The lots in this subdivision may be impacted by boundary line changes.

3.      Liberty High School is currently exceeding its capacity, and using temporary classrooms to serve its student population.  Additional temporary classrooms will need to be added as growth occurs from new development.  In October, 2006 a new high school began construction in the Vint Hill area on Route 602.  The high school is scheduled to open in August 2008, and redistricting of the high school boundary lines will be implemented prior to the opening of the new high school.  The lots in this subdivision may be impacted by boundary line changes.


Requested Action of the Board of Supervisors:

Conduct a public hearing and consider either the Resolution for denial or the Ordinance for approval.


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

Fauquier County Department of Community Development
Fauquier County Department of Public Schools


1.      Statement of Justification

2.      Draft Proffers

3.      Project Aerial

4.      Project Plat


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