Board of Supervisors Meeting Date:


Cedar Run Properties, LLC, (Owner/Applicant)


October 14, 2004


Staff Lead:


Melissa Dargis, Assistant Chief of Planning



Community Development


Magisterial District:


Cedar Run







A Resolution to Approve Special Exception SPEX04-CR-025, A Category 26 Special Exception to Allow for a Decrease in the Non-Common Open Space Requirement


Topic Description: 


The applicant wishes to obtain Special Exception approval under Category 26, which would allow for a decrease in the non-common open space requirement.  The 92.352-acre parcel is zoned Rural Agricultural (RA) and is located on the north side of Shenandoah Path (Route 607).  Deed research for the parcel shows that it has the potential to be divided to a maximum of six (6) lots.  The Fauquier County Zoning Ordinance regulations state that one of these 6 lots must contain 85% of the total site acreage or 78.49 acres.  The other lots may be clustered on 15% of the property or 13.85 acres.


The applicant requests a reduction of non-common open space to ±65 acres which is equivalent to 70.33% open space.  The applicant’s Statement of Justification also requests an Administrative Division at this time.  However, that request is subject to a separate administrative process not relevant to this application.  The application and fee submitted were only for the Special Exception.  Thus, this request will be solely for the Special Exception and does not include the proposed Administrative Division request.  The applicant intends to forgo four (4) of the six (6) division rights with deed restrictions limiting future development.


The applicant’s proposal is to divide the property into two buildable lots; a ±65-acre lot (non-common open space residue), an ±11-acre lot; and a public utility lot of ±15 acres, which is not a building lot for residential purposes.  The public utility lot proposal includes a 20-foot road easement to access the parcel.  The proposed parcel would not have any road frontage.  The applicant has been in discussion with WSA to consider the ±15-acre site for the location of a proposed wastewater treatment plant.


In a letter dated June 9, 2004, WSA states, “…the subject property is being considered as a primary site for location of the wastewater treatment plant being proposed for the initiation of public sewer services to parcels within the County’s designated Catlett and Calverton Service Districts.”  If WSA does not select this location for the wastewater treatment plant, the applicant could boundary line adjust the ±15 acres back into one of the other two lots or utilize a different plan altogether that develops up to 5 lots (on 13.85 acres) with a residue lot of 78.49 acres.


In a written statement (dated August 4, 2004), the applicant states comfort with the outcome of three buildable lots versus the six by-right associated with the property, as well as the deed restrictions imposed upon the property.  The three lots could be achieved in two scenarios: 1) a 66-acre buildable lot, a 2- to 3-acre buildable lot and 15-acre public utility lot or 2) without the open space reduction, a 78 acre non-common open space lot (which meets the 85/15 provisions), an 11-acre buildable lot and 3-acre buildable lot.


Requested Action of the Board of Supervisors:


Hold a public hearing and consider adoption of the attached resolution.


Financial Impact Analysis:




Planning Commission Recommendation:


On August 26, 2004, after conducting a public hearing, the Planning Commission recommended that the Board of Supervisors approve Special Exception SPEX04-CR-025 and the request for reduction of non-common open space.  The Planning Commission staff reports are available upon request.


Land Area, Location and Zoning:    


The property is located on the north side of Shenandoah Path (Route 607) in Catlett.  It is zoned Rural Agricultural (RA).  A map of the property is shown below.





Neighboring Zoning/Land Use:


The property is currently zoned RA (Rural Agricultural) and is bounded on all sides by RA land.  Consistent with this zoning category, this property is located in a district that contains the areas where agriculture and forestry are the predominant uses.


Staff Analysis:

Staff and the 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. The actual responses from referral agencies are available upon request.


Zoning Comments


The following is a summary of the Zoning comments:


  1. The proposed Lot 3 (WSA lot) is a separate lot and has not been accepted by WSA at this time.  Some assurance is needed to prove that this lot will be accepted by WSA as a utility lot or this lot must meet all minimum lot requirements and bulk regulations for a lot. 


  1. Street trees will be required at Final Construction Plan time, but provisions should be made and easements should be identified at Preliminary Plat phase.




The Engineering Department has reviewed the above referenced plan and has the following comments:


  1. If Lot 3 is not chosen as the WSA site, it should be vacated and become part of Lot 1, because the accessway of 20 feet does not meet the minimum requirements for residential lot access.


  1. The 50 foot ingress/egress road exceeds the 700 foot maximum cul-de-sac length.


  1. If a major site plan is required for the treatment plant, the minimum pavement width for the access travelway will be 20 feet.  The easement will have to be wider than 20 feet to accommodate this pavement width.


Summary and Recommendations:


Staff and the Planning Commission recommend that the Board of Supervisors approve SPEX04-CR-025.  The applicant is comfortable with the reduction of by-right lots and the size and configuration of the proposed lots.  If the WSA does not select this location as the preferred site for their proposed wastewater treatment facility, the applicant will boundary line adjust that property back into the other lots and create a third small buildable lot off the proposed cul-de-sac.  The applicant has also indicated that it is flexible with the required road width should the proposed public utility lot be utilized by WSA.  Currently a 20-foot road easement is proposed, but a width up to 50-feet, if needed, would be agreeable to the applicant.


Please note that the Catlett/Calverton wastewater treatment facility and collection system is currently in engineering design.  If the site is not acceptable to the WSA, then the applicant will meet the 85% rule for division of the property.  Should the site be acceptable to the WSA, then staff recommends approval of the application, subject to the conditions in the attached resolution.


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

  1. Fauquier County Department of Community Development
  2. Fauquier County Water and Sanitation Authority
  3. Virginia Department of Health





  1. Special Exception Plat
  2. Statement of Justification