PUBLIC HEARING AGENDA REQUEST

Owner/Applicant: Board of Supervisors Meeting Date:

Margaret A. Hufnagel, Owner September 15, 2003
Landmark Property Development, LLC, Applicant

Staff Lead: Department:

Frederick P.D. Carr Community Development

Magisterial District: Center PIN: 6995-21-1875-000

Service District: Warrenton

Topic:

An Ordinance to Approve RZ 03-C-04: The Rezoning of Approximately 64 Acres for Raymond Farm from R-1 to PRD, Margaret A. Hufnagel and Others, Owner, and, Landmark Property Development, LLC, Applicant

Topic Description:

The Applicant proposes the rezoning of +64.5 acres from Residential District, 1 Dwelling Unit/ Acre (R-1) to Planned Residential Development District (PRD). The proposed rezoning would yield 64 residential building lots. The current and conventional by-right development of the site is subject to R-1 requirements and would yield no more than 57 building lots.

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 Lake Whippoorwill . It is bordered on the southwest by property zoned for Highway Commercial (C-2) use (e.g. Rick Hunt Ford and Dodge). Site access for the proposed development is located directly across Route 605 from the P.B. Smith Elementary School .

As outlined in Section 4-101 of the Zoning Ordinance, use of the PRD zoning district is intended to provide flexibility in residential development by providing for a mix of residential uses that include a variety of housing types, densities, and alternative forms of housing, and the combining of these uses with appropriate non-residential uses. In order to accomplish this objective, the PRD district affords flexibility in internal relationships of design elements over those provided in conventional districts.

In the case of the Raymond Farm rezoning proposal, the Applicant is seeking to integrate attractive residential development with the preservation of approximately one-third of a farm that has been a long-standing local landmark. In order to accomplish the preservation of the farm’s most engaging features (the existing farm house, tree lined drive, front field, and pond), the Applicant is seeking to cluster all of the residential development to the rear of the property. This development will require modification request approvals for a number of Zoning Ordinance requirements for conventional lot lines and setbacks. The requested waivers are summarized below. The Applicant’s request for waivers is included.

Requested Modifications and Waivers

The Applicant is seeking the following modifications and waivers so that the development of the Raymond Farm application from R-1 to the PRD district can be implemented in conformance with the Proffered Concept Development Plan (CDP). This CDP is consistent with the concept presented to the Center District Citizen Planning Committee, and then at a public hearing conducted by the Fauquier County Planning Commission on October 24, 2002 . The requested modifications and waivers to the R-1 district and subdivision standards are consistent with the Concept Development Plan proffered by the Applicant, and staff recommends approval for all requests below, except where noted.

a. 2-409 Extensions in to Yard Areas: Extensions of various design elements of homes are allowed by the Ordinance. The Applicant is seeking reductions in all yard areas, but is requesting that allowed extensions remain the same regardless of the reduced yard size (i.e., a reduced front yard would not bring with it a commensurate or proportional reduction in allowed extensions into that yard).

b. 3-401 Maximum Density: The density for the R-1 district is 0.9 units/acre. This application requests a density of 1.0 units/acre. This would allow for the development of seven more residential lots than would be allowed in a by-right development. The Applicant contends that this additional density will provide a partial offset to the value lost by going from a large lot by-right development to smaller lot development in order to preserve approximately 19 acres of frontage for a public park. (Note: a modification of the maximum density here is not required; the PRD Ordinance maximum base density is 5.5 dwelling units per acre, with the Comprehensive Plan playing a major role in establishing the requisite densities within the service districts.)

c. 3-402 Minimum Lot Size: The proposed configuration retains the frontage along Lee Highway in open space, preserves the existing pond, retains the existing colonial style farm house and the tree lined drive to the house, and provides a 100-foot buffer to the south and a 220-foot or greater buffer to the east. In order to develop this configuration, a reduction in lot sizes is required. The proposed PRD development will offer two distinctive dwelling types, with two lot sizes to accommodate the differing home styles. The Applicant is requesting that lot sizes be allowed to vary. The larger homes would be sited on lots 9,000 to 10,000 square feet in size and located on the perimeter of the developed area. The smaller homes, to be located to the interior of the development, would be sited on lots of 4,000 to 5,000 square feet.

d. 3-403 Minimum Lot Width: To accommodate the Section 3-402 waiver request, the new smaller lots must be narrower than the 135 feet required for a conventional development in the R-1 district. The Applicant is requesting that the width of the lots be allowed to vary as low as 40 feet in width. In general, as depicted on the proffered development plan, larger lots will have a width of 90 to 110 feet and the smaller lots will have a width of 40 to 60 feet.

e. 3-404 Minimum Front Yard: In the R-1 district the requirement is for a 60-foot front yard setback. The proposed development concept presents a more urban style community with the homes being set closer to the road and sidewalk. The stated intent is to encourage more interaction among neighbors, promoting a more vital community. The Applicant is requesting a reduction of the front yard requirement and is proposing a minimum of 15 feet from the sidewalk.

f. 3-405 Minimum Side and Rear: The R-1 district calls for 25-foot side and rear yards. Raymond Farm will develop as a small lot community of 4,000 and 10,000 square foot lots. The lots will be narrower and shallower than a conventional lot. The smaller (± 4,000 square feet) will essentially have a “zero lot line.” These lots are proposed to be as close as 3 feet to the side yard lot line and as close as 15 feet to the rear yard lot line. Since nearly all of the proposed lots will back up to multi-acre community open space, the Applicant states that a sense of openness will be retained even with the smaller lots. The Applicant is, therefore, requesting a reduction in the side yards to a minimum of 3 feet, and rear yards to a minimum of 15 feet.

g. 7-103 Residential Parking Spaces: The Zoning Ordinance stipulates that, in addition to parking for residents of the units, residential developments must also provide one (1) space for each five (5) units for parking of residents' boats, recreational vehicles, etc. One-half (1/2) of such spaces must not be less than 12 feet by 30 feet. The Raymond Farm Home Owners Association will prohibit outside storage of recreational vehicles, boats, and other related vehicles such as trailers. Accordingly, the Applicant requests the elimination of parking space requirements for boats, recreational vehicles and related trailers and vehicles. (Note that this requirement does not apply to single-family detached homes; therefore, the modification is not required.)

h. Cul-de-sac Length: Section 12-607 of the Zoning Ordinance states that the desirable maximum length for cul-de-sacs is 700 feet, but this length may be extended within reasonable limits based on physical design conditions with the approval of the Director and the resident engineer for VDOT. That Section also states that no cul-de-sac street shall be shorter than 200 feet in overall length including the turn-around or 100 feet in overall length exclusive of the turn-around.

The Applicant had previously requested that the standard limitation of 700 feet of cul-de-sac length be waived for this development to allow for the construction of a cul-de-sac more that 1600 feet in length. (Note that the Applicant has since eliminated the need for the cul-de-sac waiver by agreeing to extend the entrance boulevard which makes the requisite interconnections and removes the cul-de-sac length issue.)

Planning Commission Action & Recommendations:

On October 24, 2002 , the Planning Commission first conducted a public hearing and considered this application. At that meeting, the Planning Commission, at the Applicant’s request, deferred action on this Rezoning request. The purpose of the deferral was to allow the Applicant more time to respond to issues and concerns presented at the public hearing, and to determine the availability of public sewer for the project from the Town of Warrenton .

The application was subjected to two additional public hearings: November 21, 2002 and January 23, 2003 . The January review included consideration of amendments to include the zoning modifications already discussed herein. The Planning Commission concluded that the majority of the requests (e.g. reduced yard and setback requirements) were reasonable accommodations to the extensive preservation of open space that is proffered. None of the proposed waivers will impose any hardship or inconvenience on any County residents other than, perhaps, the future residents of this development. For the most part, the requested waivers involve aesthetic changes that the Applicant sees as responsive to the market for the proposed development. Only the waiver request regarding the cul-de-sac length limitations received Planning Commission opposition. As a result, that waiver request was eliminated by an Applicant change to the proposed street layout.

The Planning Commission’s review of this application focused on the proposed rezoning and Conceptual Development Plan as an appealing and consistent response to both the type of development proposed in the Comprehensive Plan update for the Warrenton Service District and the desire of the Community to preserve a long-standing entry gateway landmark into the Warrenton community.

In January of 2003, the Planning Commission voted to forward a recommendation of approval for both RZ03-C-04, and the requested modifications, subject to the proffered conditions.

Public Sewer Dilemma and Resolution:

The Applicant requested that the Board of Supervisors public hearing for the rezoning application in February be postponed. The primary reason was the need to receive a final determination from the Town of Warrenton on whether public sewer service was to be authorized and extended to the site. At that time, the Town was awaiting the findings and recommendations of an engineering study regarding sewer capacity and constraints, and eventually the Town Council denied Landmark Property Development’s request for service.

As a result, the Applicant needed either to return to the conventional subdivision served through individual lot drainfield systems, or retain the proposed PRD design and serve the project through a non-discharge styled small community wastewater treatment system. The latter option was selected and the Applicant received Board of Supervisors Special Exception approvals to allow the construction of a community wastewater treatment and disposal system and waive the public sewer requirement to a subdivision on August 18, 2003 . The approval conditions for the community facility were:

1. The system shall be designed and built to Fauquier County Water and Sanitation Authority (WSA) standards.

2. The system shall be designed to accommodate future connection to a conventional sewer system should lines be extended to the site.

3. The Applicant shall be responsible for all design and construction costs.

4. The Applicant shall be responsible for all costs of initial operation up to the time of transfer to WSA. During this period, the operation will be conducted in conformance with WSA standards.

5. Following system completion and attainment of 90% rate of utilization, or at an earlier time deemed appropriate by the Board of Supervisors and WSA, the entire system (including treatment facilities, primary drainfields, and reserve drainfields) shall be conveyed in fee simple ownership to WSA and will be operated by WSA.

6. Prior to site plan submittal for the private sewage treatment facility approved hereby, the Applicant shall:

a. File an application with the Health Department and/or DEQ, as appropriate, for the proposed private sewage system.

b. Conduct a preliminary meeting with the Health Department and/or DEQ, as appropriate, to determine basic design parameters acceptable to the Department.

c. The Health Department and/or DEQ, as appropriate, and the County Soil Scientist shall conduct a field inspection to identify specific sites on the property that are both adequate and suitable for use as effluent discharge areas.

d. Submit a soils evaluation proposal to the Health Department and/or DEQ, as appropriate, and the Fauquier County Soil Scientist for the proposed site of drainfields associated with the facility. As part of this evaluation, the Applicant shall conduct a saturated hydraulic conductivity test (K-sat) to determine a permeability rate that will be used in developing suitable design criteria.

e. Submit a design to dispose of sewage effluent, and calculate nitrate loading, ponding and disposal means in accordance with State and local health codes.

f. Complete any design revisions deemed necessary by the Health Department and/or DEQ, as appropriate, and submit the revised package to the local Health Department for the issuance of a permit.

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 agrees to make 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.

Summary Analysis:

Existing PRD Proposal

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. The detailed findings and comments are available for review upon request in the Department of Community Development; however, the principal areas of community and referral staff concerns for the rezoning application elements were mitigated at the Planning Commission stage and reflected in changes to the Concept Development Plan and Proffer Statement. The referenced Board of Supervisors Special Exception approvals resolved the central sewer service issues.

Comprehensive Plan

The subject property is located in the Warrenton Service District and is currently planned and zoned for low-density residential development (1 to 3 dwelling units/acre). 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 in excess of 50 residential lots if developed as a conventional subdivision.

The Applicant proposes to use the PRD zoning district classification to develop at slightly higher than the current zoning density, but clustering 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 design and the provision of several proffered public amenities including:

Donation of approximately 40% of the entire site for use as publicly owned open space (27+ acres). This area will include the small package treatment facility and drainfield system serving the park and the homes;
Preservation of the existing “landmark pond” included in the public open space.
Preservation and donation of the existing home circa 1910-1919.
Preservation of trees surrounding the existing home.
Preservation of tree-lined drive.
Retention of approximately 50% open space.
Integration of open space areas via a limited trails system that would be open to the public in farmhouse and park area.

The proposed plan is responsive to the input provided by the Citizen Planning Committee for the Draft Warrenton Service District Plan Update. That plan has been subject to two public hearings, and is pending final Planning Commission recommendations to the Board of Supervisors.

Zoning Considerations

In accordance with Section 3-200.5 of the Fauquier County Zoning Ordinance, the existing R-1 district is intended to promote and maintain single-family residential communities. The proposed development takes advantage of the greater flexibility of design afforded by the PRD district, but is at similar density and is compatible with the character of the surrounding neighborhoods. The Applicant has requested several waivers of yard and setback requirements to accommodate the smaller lot sizes required by the preservation of the front acreage. The Zoning Office had suggested that, to the extent that existing structures will be preserved, those structures must meet the minimum yard and set back requirements. (Note: the structures will now be deeded to the County as part of the public open space, farmhouse and its associated structures.)

Engineering Considerations

Additional BMP/SWM facilities may be necessary. If existing pond facility is used, as-built plans and a dam safety inspection will be required to determine if the pond meets state and county requirements. Alterations may be required. (Note: these comments have been addressed through the Applicant’s Proffer Statement in the sections dealing with the pond and the areas deeded for public use as Parcel “A”. More detail will be expected and appropriate as part of project construction plan and profile stage of review and approval.)

Farmhouse (Residence & Associated Structures: New Topic for Board of Supervisors Consideration)

Since the Planning Commission action on the rezoning application package and the Board of Supervisors approval regarding the community wastewater treatment system, more detailed discussions regarding farmhouse renovations have occurred (e.g., roofing, painting, internal plumbing and electrical upgrades and other needs). The Applicant has offered Option B, which is attached for Board of Supervisors consideration.

This alternative results in a total residential change from 64 to 66 lots; no other project modifications would result. The two additional lots allow the Applicant to contribute $105,000 for the Board of Supervisors exclusive use for the renovation of the deeded farmhouse and associated buildings. The two added lots are located with those surrounding Parcel A1 on the east side of the entry boulevard. (Note: there are no reserved CIP funds for such renovations.)

Zoning Modifications and Proffer Statements (Option A or B)

The requested modifications, Concept Development Plan and Proffer Statement, for Option A or B, are in proper format for Board of Supervisors action.

Action Requested of the Board of Supervisors:

Conduct a public hearing for RZ 03-C-04 and consider adopting the attached ordinance for the application as presented (Option A- 64 lots) or (Option B-66 lots).

Financial Impact Analysis:

The current County Proffer Policy anticipates contributions by the developer of $14,730 per residential unit above the by-right density. The by-right density on this site would yield approximately 57 residential units. The proposed rezoning would yield 64 residential units (Option A). The difference of seven units is subject to the new proffer policy and is expected to yield a proffered contribution of $103,110. However, the Applicant has proffered to deed more than 27 acres to the County for public use as parkland, with a small community package treatment facility and drainfield system, serving both the homes and park, to be owned, maintained and operated by the WSA; the preservation and improvement of the site’s existing pond; the preservation of the existing manor home for public use, along with its tree-lined drive; and the development of a modest trail system that will be open to the public.

Excluding the community wastewater treatment system, the Applicant values the proffered land, facilities and improvements at more than $2 million, and is seeking the acceptance of these amenities in lieu of the cash contribution anticipated by the proffer policy. (Note: this request is consistent with Proffer Policy B.3 regarding the deeding of such land and building resources for public use; and the open space/parkland is designated in the Draft Warrenton Service District Plan currently pending final review and adoption.)

Option B briefly discussed in the Summary Analysis Section would result in a total residential change from 64 to 66 lots, with no other effect on project design. If the Board of Supervisors expresses interest in that option, the proffered funds of $105,000 will assist to renovate the deeded farmhouse and associated buildings (e.g., paint, replace roof shingles, upgrade electrical and plumbing). The Applicant indicates that he cannot proffer that contribution with the original proposal (Option A).

Departments, Organizations or Individuals that may be affected by this request:

Community Development
Virginia Department of Transportation
Parks and Recreation
Fauquier County Water and Sanitation Authority
Town of Warrenton

Attachments:

Ordinance Approving RZ03-C-04 (Option A: 64 Residential Lots)
Ordinance Approving RZ03-C-04 (Option B: 66 Residential Lots)
Applicant’s Statement of Proffered Conditions
Applicant’s Request For Waivers
Concept Development Plan (Sheets 1-3)

ATTACHMENT 1

ORDINANCE (oPTION a)

AN ORDINANCE APPROVING RZ03-C-04, THE rezoning of approximately 64 ACRES KNOWN AS RAYMOND FARM, from R-1 to a Planned Residential Development District (prd); Margaret A. Hufnagel and others, owners, and Landmark Property Development, LLC, Applicant

WHEREAS, the property identified as PIN: 6995-21-1875-000 and the existing colonial-style manor home, known as Raymond Farm, are long-standing community landmarks; and

WHEREAS, the current zoning will allow the owners of this property to develop up to 57 building lots on this property as a by-right use; and

WHEREAS, the owners and the Applicant have proposed to develop this property in a way that will preserve the existing home and retain the frontage, approximately 40 percent of the site, in permanent open space; and

WHEREAS, in order to facilitate the proposed development and preservation activity, the Applicant must cluster the development within the balance of the property; and

WHEREAS, this proposed clustering will require certain waivers of yard and setback requirements; and

WHEREAS, the proposed rezoning of this property to the Planned Residential Development (PRD) District is appropriate to meeting the development objectives and the need for certain waivers; and

WHEREAS, by adoption of this Ordinance, the Board of Supervisors has determined that the public necessity, convenience, general welfare, and good zoning practice is satisfied by this amendment to the Fauquier County Zoning Map; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 15^th day of September 2003, That Rezoning RZ03-C-04, Landmark Property Development. LLC, Applicant be, and is hereby, approved subject to the Concept Development Plan (Option A – 64 residential lots), with a revision date of September 4, 2003 and Proffer Statement dated September 4, 2003, and further provided, that this Ordinance also approves the modifications and waivers requested by the Applicant as follows:

2-409 Extensions in to Yard Areas: Extensions of various design elements of homes are allowed by the Ordinance. The Applicant is seeking reductions in all yard areas, but is requesting that allowed extensions remain the same regardless of the reduced yard size (i.e., a reduced front yard would not bring with it a commensurate or proportional reduction in allowed extensions into that yard).

3-402 Minimum Lot Size: The proposed configuration retains the frontage along Lee Highway in open space, preserves the existing pond, retains the existing colonial style farm house and the tree lined drive to the house, and provides a 100 foot buffer to the south and a 300 foot buffer to the east. In order to develop this configuration, a reduction in lot sizes is required. The proposed PRD development will offer two distinctive dwelling types, with two lot sizes to accommodate the differing home styles. The Applicant is requesting that lot sizes be allowed to vary. The larger homes would be sited on lots 9,000 to 10,000 square feet in size and located on the perimeter of the developed area. The smaller homes, to be located to the interior of the development, would be sited on lots of 4,000 to 5,000 square feet.

3-403 Minimum Lot Width: To accommodate the Section 3-402 waiver request, the new smaller lots must be narrower than the 135 feet required for conventional development in the R-1 district. The Applicant is requesting that the width of the lots be allowed to vary as low as 40 feet in width. In general, as depicted on the proffered development plan, larger lots will have a width of 90 to 110 feet and the smaller lots will have a width of 40 to 60 feet.

3-404 Minimum Front Yard: In the R-1 district the requirement is for a 60-foot front yard setback. The proposed development concept presents a more urban style community with the homes being set closer to the road and sidewalk. The stated intent is to encourage more interaction among neighbors, promoting a more vital community. The Applicant is requesting a reduction of the front yard requirement and is proposing a minimum of 15 feet from the sidewalk.

3-405 Minimum Side and Rear: The R-1 district calls for 25-foot side and rear yards. Raymond Farm will develop as a small lot community of 4,000 and 10,000 square foot lots. The lots will be narrower and shallower than a conventional lot. The smaller (± 4,000 square feet) will essentially have a “zero lot line.” These lots are proposed to be as close as 3 feet to the side yard lot line and as close as 15 feet to the rear yard lot line. Since nearly all of the proposed lots will back up to multi-acre community open space, the Applicant feels that a sense of openness will be retained even with the smaller lots. The Applicant is, therefore, requesting a reduction in the side yards to a minimum of 3 feet, and rear yards to a minimum of 15 feet.

ATTACHMENT 2

ORDINANCE (oPTION B)

WHEREAS, the property identified as PIN: 6995-21-1875-000 and the existing colonial-style manor home, known as Raymond Farm, are long-standing community landmarks; and

WHEREAS, the current zoning will allow the owners of this property to develop up to 57 building lots on this property as a by-right use; and

WHEREAS, in order to facilitate the proposed development and preservation activity, the Applicant must cluster the development within the balance of the property; and

WHEREAS, this proposed clustering will require certain waivers of yard and setback requirements; and

WHEREAS, the proposed rezoning of this property to the Planned Residential Development (PRD) District is appropriate to meeting the development objectives and the need for certain waivers; and

ORDAINED by the Fauquier County Board of Supervisors this 15^th day of September 2003, That Rezoning RZ03-C-04, Landmark Property Development. LLC, Applicant be, and is hereby, approved subject to the Concept Development Plan (Option A – 66 residential lots), with a revision date of September 4, 2003 and Proffer Statement dated September 4, 2003, and further provided, that this Ordinance also approves the modifications and waivers requested by the Applicant as follows:

ATTACHMENT 3 - Applicant Proffer Statement

Rezoning Application # RZ 03-C-04 Pin # 6995-21-1875-000

September 4, 2003

Pursuant to Section 15.2-2298, Code of Virginia, 1950 as amended, Fred Hufnagel, Executor for the Estate of Margaret A. Hufnagel, the owners, and Landmark Property Development, LLC (hereinafter collectively referred to as “Applicant”) for themselves, their successors and assignees in Rezoning application number RZ 03-04 filed for property identified as Pin Number 6995-21-1875-000 in the Center District (hereinafter referred to as the “Application Property”, proffer the following, provided that the Board of Supervisors approves a rezoning of the Application Property to the PRD District for 64 single family lots.

1. Concept Development Plan:

Development of the Application Property shall be in substantial conformance with the Concept Development Plan (CDP) prepared by Charles P. Johnson & Associates dated August 28, 2002 and Rezoning Plat dated August 28, 2002 and amended through September 4, 2003 . Internal and frontage improvements to the property will be constructed in substantial conformance to the CDP.

2. Minor Deviations:

Minor modifications from the CDP may be permitted as determined by the Zoning Administrator. The Applicant shall have the right to make minor adjustments to the internal lot lines of the proposed lots at the time of Subdivision Plat submission based upon final house locations and building footprints provided such changes are in accordance with the CDP, and do not increase the number of units or decrease the amount of open space, peripheral setbacks, access or parking spaces, without requiring approval of Staff.

3. Pond:

The existing pond along Lee Highway as shown on the Development Plan will conveyed to the Board of Supervisors as park land, said land shown as the Parcel A dedication as shown in the CDP. The dedication shall be subject to acceptance by the Board of Supervisors. The pond will be revitalized a circulating pump and spout for the purpose of providing aeration will be installed. The pond will retain a permanent pool of water and may be used as a BMP/SWM for the overall project. The Applicant agrees to conduct a dam safety analysis and make appropriate corrections to the structure to meet current standards. In the event that the existing pond cannot be used for the SWM, the Applicant reserves the right to install a BMP/SWM elsewhere on Parcel A at a location agreeable to the Applicant and the County.

4. Park Entry Feature:

Two brick columns 30 inches by 30 inches, 5 feet in height with a capstone will be constructed on either side of the existing farm house driveway to serve as a Park entry feature. The material/color and placement will be subject to the Park Board review and approval.

5. Existing House:

The existing house and outbuildings as shown on the Development Plan will be dedicated to the Fauquier County Board of Supervisors as part of the park land, Parcel A dedication. The dedication shall be subject to acceptance by the Board of Supervisors, after the receipt of a Phase 1 Environmental Audit acceptable to the County. The audit cost shall be borne by the County. The tree lined drive on Parcel A from Dumfries Rd to the existing House will be preserved. On site construction for drain fields will ensure that proper protection measures are taken to avoid adverse affects to these trees wherever possible.

6. Contribution for Farm House Renovation

At the time of Parcel A dedication to the Fauquier County Board of Supervisors, and predicated upon the Fauquier County Board of Supervisors action to accept development option A, composed of a 64 single family lot layout, $5,000 will be given to the Board of Supervisors for use by the Park Board for any Parcel A on site purpose that the Park Board chooses. However, should the Fauquier County Board of Supervisors chose to adopt development option B, composed of 66 single family lots, $105,000 will be given to the Fauquier County Board of Supervisors for use by the Park Board for any Parcel A on site purpose that the Park Board chooses at the time of dedication of Parcel A to the Fauquier County Board of Supervisors.

7. Small Sewage Treatment System

A small sewage treatment system composed of a treatment plant, collector lines and drain fields will be constructed by the Applicant, successors or assigns. The treatment plant will be designed for 64 (development option A layout) single family homes or 66 (development option B layout) single-family homes and for the use of the existing farmhouse and caretakers cottage as a public recreational use by Fauquier County, resulting in 66 (development option A) or 68 (development option B) taps in total.

The facility will be constructed on parcel A at the approximate location shown on the GDP. The plant will be built inside of a structure, the architecture of which will be made to resemble a horse barn. Access will be from the existing farmhouse driveway. The drain field and drain field reserve area will be constructed on parcels A & A1 and will be deeded to the Fauquier County Water and Sewer Authority (FCWA) or the Board of Supervisors whichever entity chooses to own the land & system. The System (Plant and collection lines) will be deeded to the FCWA or the Board of Supervisors.

8. Park Area Dedication, Parcel A

Parcel A on the CDP will be deeded to the Fauquier County Board of Supervisors and the Fauquier County Water and Sanitation Authority for park area and use for the wastewater treatment facility and as drain fields at time of final Plat approval. The use of the park for either active or passive recreation will be determined by Fauquier County at a future time. The Applicant commits to install the pathway system as shown on the CDP. The land and facilities will be owned and maintained by Fauquier County (except as noted in the Home Owners Responsibilities, Proffer # 12). The SWM facility may be co-located within the existing pond or as a separate facility within this area.

A soft tree buffer composed of evergreen trees 15 feet on center will be planted in the approximate location as shown on the GDP to provide winter foliage buffering between the new home development and the Parcel A open space area from Dumfries Rd to the existing neighborhood along Highmeadow Place. A second tree buffer composed of evergreen trees 15 feet on center will be planted by the Applicant along the commercially zoned (Automobile Sales and Service) land south of the existing pond.

9. Landscaping and setback.

The entrance road to the project will be constructed as a boulevard, landscaped on the center island and both sides (Subject to VDOT). The project frontage on Dumfries Rd. will retain its existing tree line except for supplemental landscaping along the single-family lot area parcels, 4,5,12,13,60,61) as shown on the Development Plan. The balance of the frontage will remain in its natural state. Approximately 100 feet or greater is the proposed setback for all lots from the surrounding neighborhoods. The intervening area between the new lots and existing lots is designated as Parcel B.

10. Community Gazebo

A wooden community Gazebo 20 feet in diameter and painted to match the color scheme of the new homes will be constructed on parcel E. The Gazebo will be designed to be a functioning central gathering place for this development. It is strategically located directly across from the Parcel A open space area that connects to the entry boulevard. The area along the central entry street directly in front of the gazebo will continue the street scape of trees and shrubs but will also be heavily landscaped with flowering shrubs and flowers.

11. Sidewalks.

All sidewalks will be 5 feet in width except for a 6 foot wide sidewalk to be constructed along the west side of the entry boulevard from Dumfries Rd to the Parcel A trail running from the entry street to the farm house. The trail constructed by the Applicant shall have a width of 6 feet from its connection with the entry boulevard and 10 feet in width from the farmhouse to the commercially zoned property as depicted on the CDP. The trail construction design shall be subject to parks and Recreation Department standards, review and approval. The trail will be constructed no later than at the issuance of the 10^th residential building permit.

12. Homeowners Association & Responsibilities.

A Homeowners Association will be established to provide for Management and Maintenance of 1) the supplemental landscaping along the Dumfries Rd. and the entry boulevard, 2) the common property [HOA owned and maintained Parcels B,C,D& E], 3) gazebo and 4) the SWM facility (s). The HOA documents will be submitted to the Fauquier County Attorney for review.

13. Right Of Way.

Site frontage along Dumfries Rd. Rt. 605 and Lee Highway Rt. 29-15 will be dedicated to VDOT as required at time of Final Plat approval. All attempts will be made to save the trees along Dumfries Rd subject to VDOT approval.

14. Buffer Area Parcel B.

The private HOA owned buffer area, (Parcel B) as shown on the development plan is to remain as open space and no construction of recreation facilities or other of uses except for SWM Facilities (unless required by Fauquier County) will be permitted within this buffer/setback area which adjoins residentially zoned and developed areas.

LANDMARK PROPERTY

DEVELOPMENT LLC:

_____________________________

Scott Herrick, Managing Member

PROPERTY OWNER:

_____________________________

Fred Hufnagel, Executor,

Estate of Margaret Raymond

ATTACHMENT 4 - Applicant’s Request For Waivers

RAYMOND FARM REZONING

REQUEST FOR WAIVERS

Raymond Farm, RZ 03-C-04, Rezoning Ordinance and Subdivision Ordinance Waivers, Modifications and Exceptions Request necessitated by a rezoning request to the Planned Residential District.

The purpose of the PRD (4-002) is for imposing special regulations in designated areas of the county to accomplish the stated purposes of each district. These districts are separately zoned and intended to allow for and encourage types of development other than that normally associated with conventional zoning districts.

Section 4-101: The planned residential district (PRD) (4-101) is intended to permit development in accordance with the Comprehensive Plan of a mixed use community which is under one ownership or control. Planned Residential developments shall be planned and developed as a single entity subject to an approved development plan and shall be designed to permit a variety of residential unit types in an orderly relationship to one another, with a balance of support of commercial uses, community amenities and open space areas.

It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses including housing types, densities, and alternative forms of housing, with appropriate non residential uses, flexibility in internal relationships of design elements and, in appropriate cases, increases in residential densities over that provided in conventional districts.

The following modifications and waivers are requested so that the development of the Raymond Farm application from R-1 to the PRD category may develop in conformance to the Proffered Development plan as shown to the Center District Task Force and before an initial public hearing of the Fauquier County Planning Commission on October 24, 2002. Furthermore, these modification requests are all in keeping with the sprit, intent and actual language of section 4-101 of the Zoning Ordinance above.

The modifications requested are from the R-1 district and are completely consistent with the General Development plan which is “Proffered”.

Modifications requested:

2-409 Extensions in to Yard Areas: We request that the extensions of various design elements of the homes are allowed to be consistent within the Ordinance language for the new front and side yard modification requests as the dimensions should be consistent with the new modifications—We request that the Extensions language in the Ordinance should not negate the intent of the request for side and front yard waivers requested.

3-401 Maximum Density: The density for the R-1 district is .9 DU per acre. This request is to allow a density of 1 DU per acre, which will allow for the significant amount of open space being provided and for the provision of a dedicated County Park of approximately 19+ acres. The few additional lots (7) will assist in a small way to off set the value of the smaller lots of five and ten thousand square feet as compared to a like number of one acre in size lots. The current Comprehensive Plan allows for an increase in the density range to three times the number represented by this request for one home per acre.

3-402 Minimum Lot Size: Due to the desired configuration of keeping the frontage along Lee Highway in open space, preserving the existing pond, saving the existing Virginia Center Hall Colonial Farm Manner House and the tree line to the house as well as providing a 100 foot buffer to the south and a 300 foot buffer to the east, the lot sizes needed to be reduced. In creating a community layout with a sense of place and to meet the design guidelines and objectives of the PRD, it was decided to provide two distinctive dwelling types and two lot sizes to accommodate these differing home styles. We are requesting lot sizes to vary with the larger 9 to 10,000 Sq. Ft. lots on the periphery of the community while in the interior of the development 4 to 5,000 Sq. Ft. lots would develop. This allows a central focus of the development and keeps significant buffer areas surrounding these new residential lots.

3-403 Minimum Lot Width: The new smaller lots will out of necessity be narrower than the required 135 feet for a one-acre lot to accommodate the 3-402 waiver request. We are requesting that the width of the lots be allowed to vary down to 40 feet in width. In general as depicted on the development plan which is proffered the larger lots will have a general 90 to 110 Ft. width while the smaller lots will have a 40 to 60 ft width.

3-404 Minimum Front Yard: In the R-1 district the requirement is for a 60 Ft. front yard setback. Our concept for this community is to have the homes closer to the road and sidewalk which, encourages more interaction among neighbors making for a more viable community and therefore, we are asking for a reduction of the Front yard requirement to a minimum of 15 feet from the sidewalk.

3-405 Minimum Side and Rear: The R-1 district calls for a 25 Ft. side and rear yard. Raymond Farm will develop as a small lot community of 5 and 10,000 sq. feet lots. They will be narrower and less deep than a typical one-acre lot of 44,000 square feet. The smaller 5,000 square foot lots that may be viewed as “zero lot line lots” are projected to be as close as 3 feet to the side yard lot line and some may be within 15 feet of the rear yard lot line. Each of these small lots will back up to a large multi acre community area and event the large lots almost all have at a minimum of an additional 100 feet of open space behind their lots. It certainly creates a sense of openness while keeping the lots smaller and allowing for significant open space buffers from all of the surrounding residential areas. Therefore we are asking for a reduction in the side yard and rear yard to 3 feet for the side yard and 15 Ft. rear yards

3-406 Maximum Building Height: None requested.

3-407 Maximum Lot coverage: None is specified in the R-1 District.

3-408 Open Space: No waiver requested, indeed the development will greatly exceed the district standard.

3-409 Minimum Landscaped green Space: None required, but this proposed development would have acres upon acres of landscaped green space.

3-410 Minimum District Size: None specified, the application is for over 64 acres.

3-411 Minimum Development Size: None specified, the application consists of 64+ acres.

7-103 Residential Parking Spaces: The development will prohibit outside storage of recreational vehicles and boats and related vehicles and trailers as part of the Home Owners Association documents. These kinds of vehicles and trailers in outside storage situations do not facilitate an orderly, more dense community of smaller lots, with homes close to the street and small side yards and close to each other. Therefore we request the elimination of parking space requirements for residential boats, recreational vehicles and related trailers and vehicles

Subdivision Regulations: We request to be allowed a longer than usual Cul-De-Sac: In an effort to reduce imperviousness on the site for environmental reasons, and to provide a better visual and aesthetic setting for the existing century-old Center Hall Colonial Manner House , which will be given to the County as part of the park area, the spine street for the development will result in a long Cul-de-sac. However, the Proffered Development Plan includes a grass-crete outlet road to the existing parking area of the Manner House and its drive to Dumfries Rd. This will allow for an emergency exit of the House and park area to Dumfries Rd via the subdivision as well as the subdivision via the house drive if necessary. It is believed that this will facilitate a better community design and provide any necessary back up assurances of another exit to Dumfries Road to both uses—the Park and House and the Subdivision.

In summary:

The modifications proposed are in complete harmony with the County’s Comprehensive Plan and land use objectives as well as the design guidelines for a PRD. This development including these necessary modifications will result in a high quality gateway development to Warrenton creating a very livable community that will be an asset to Fauquier County , and the surrounding neighborhoods.

Other Ordinance requirements may be discovered which are not consistent with the Proffered Development Plan and additional waivers and modifications may be requested as final engineering proceeds through the county review system.