PUBLIC HEARING AGENDA REQUEST

Sponsor:                                                                                           Meeting Date:

Sharon Grove McCamy, Vice Chair, Lee District                             October 21, 2002

Staff Lead:                                                                                       Department:

Frederick P.D. Carr, Director                                                    Community Development

Topic: 

A Resolution to Amend the Comprehensive Plan #CPA03-L-01 (formerly #CPA02-L-08), Dunn Sewer Remediation

Topic Description:    

The applicant, Mr. James Dunn, is requesting that Fauquier County designate his property, which is located southeast of the Opal Service District, a Sewer Remediation District.  The home’s drainfield system has failed.  The County Health Department has declared that there are no other feasible options for handling wastewater generated by his existing home.  The property is not in an area authorized for public sewer, and is not located within any service district.  Therefore, the Sewer Remediation District designation requires an amendment to the Comprehensive Plan.  Mr. Dunn is prepared to finance the construction of a sewer connection from a Fauquier County Water and Sanitation Authority main that is located to the southwest of his property.

Planning Commission Recommendation:

On August 29, 2002, the Fauquier County Planning Commission held a Public Hearing on this request.  Immediately following the hearing, the Planning Commission voted affirmatively to recommend approval of the proposed Plan Amendment.  In order to make explicit meaning of the term ‘Remediation’, the Planning Commission proposed the following conditions:

  1. The approval is only to serve the existing dwelling, and no future structures.
  2. The applicant shall meet all Building Code, Health Department and Fauquier County Water and Sanitation Authority requirements for connection to the public sewer.
  3. The approval is only being granted to the applicant due to hardship, with no reasonable alternative for wastewater disposal available to the existing residence.

Requested Action of the Board of Supervisors:     

Hold a public hearing on the draft Plan, and consider adoption of the attached resolution.

Financial Impacts Analysis:

None.

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

None.

Attachments:

  1. Resolution of Approval

  2. County Map
  3. Planning Commission Report
  4. Vicinity Map
  5. RESOLUTION

    A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN,

    #CPA03-L-01 (formerly #CPA02-L-08), DUNN SEWER REMEDIATION

    WHEREAS, Mr. James Dunn has requested that Fauquier County designate his property, located south of Opal, as a Sewer Remediation District; and

    WHEREAS, the County Health Department has declared that there is no other feasible way of disposing of wastewater generated by the existing dwelling on this land; and

    WHEREAS, on August 29, 2002, the Fauquier County Planning Commission held a public hearing on this application and forwarded this application to the Board of Supervisors with a recommendation to adopt, with the conditions that such ‘Remediation’ is designed to serve only the existing dwelling and no future structures; and

    WHEREAS, on October 21, 2002, the Fauquier County Board of Supervisors considered the written and orally presented information about the proposal and conducted a public hearing on this application; and

    WHEREAS, the Board of Supervisors has determined that the proposal would advance County policy of maintaining health in the Fauquier County; now, therefore, be it

    RESOLVED by the Fauquier County Board of Supervisors this 21st day of October 2002, that the Dunn property, PIN #6980-65-1447-000, be designated a Sewer Remediation District and added to Table 9.6c, Sewer / Water Remediation Districts, of the Comprehensive Plan; and, be it

    RESOLVED FURTHER, That the James Dunn property be subject to the following conditions regarding the extension of sewer service:

    1. The approval is only to serve the existing dwelling, and no future structures.
    2. The applicant shall meet all Building Code, Health Department and Fauquier County Water and Sanitation Authority requirements for connection to the public sewer.

    3.      The approval is only being granted to the applicant due to hardship, with no reasonable alternative for wastewater disposal available to the existing residence.


    ATTACHMENT C

    COUNTY OF FAUQUIER

    DEPARTMENT OF COMMUNITY DEVELOPMENT

    PLANNING COMMISSION STAFF REPORT

    AUGUST 29, 2002

    COMPREHENSIVE PLAN AMENDMENT #CPA 03-L-01

    DUNN  

    OWNER:

    James Dunn

    6701 Griffith Road

    Laytonsville, MD 20882

     

     

    REPRESENTATIVE:

    Same 

     

     

    PROPOSAL:

    Amend the Comprehensive Plan to create a “Sewer Remediation Site” to permit a “hardship” connection to the Fauquier County Water and Sanitation Authority sewer.  This action would correct a sewage disposal / health issue for an existing home.

     

     

    LOCATION:

    On the southwest side of relocated Route 17 just south of the existing Route 17 – 29 intersection.  The property is, furthermore, located just south of the Opal Service District.

     

     

    MAGISTERIAL DISTRICT:

    Lee

     

     

     

    PROPERTY I.D. NUMBER AND SIZE:

    6980-65-1447-000

    8.3 acres

     

     

    CURRENT ZONING:

    RA (Rural Agricultural)

     

     

    EXISTING ZONING AND LAND USES OF ADJACENT PROPERTIES

    N

    RA (Rural Agricultural)

    Agriculture

    E

    RA (Rural Agricultural)

    Agriculture

    S

    RA (Rural Agricultural)

    Agriculture

    W

    RA (Rural Agricultural)

    Agriculture

     

     

     

           

     STAFF PLANNER:               Richard Calderon 

    BACKGROUND

    The owner purchased an existing residence on Route 17 and, on applying for a building permit to rennovate the structure, he and the County Health Department discovered that the existing drainfield would not “perk”.  Further investigation, by the County Health Department and the applicant’s soil scientist, failed to identify a potential drainfield on the property for any conventional, or other method of wastewater treatment.  Consequently, the County Health Department has denied the applicant’s request to certify the structure for habitation.

    The question now before the County involves health issues associated with wastewater disposal. The owner does have another wastewater disposal option, namely a sewer line owned by the Fauquier County Water and Sanitation Authority (WSA) that is located some 1,200 feet to the west of his property.  But, to access this sewer line, he would need County designation of his lot as a “Sewer Remediation Site”.

    STAFF AND AGENCY REVIEW

    Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance and other relevant policies and regulations.  An analysis of these referrals and the actual comments from the appropriate agencies are included as attachments to this report.

    Major Issues

    Land Use – The owner does not propose to alter the existing residential land use of his property.

    Public Utilities – The Fauquier County Water and Sanitation Authority, while affirming County policy of only serving properties approved for such in the County Comprehensive Plan, states that service could be extended to the property from a sewer line located to the west of his property.

    Transportation – Since no change in residential use is proposed, this application generates no change in existing transportation.

    Planning Policy – Fauquier County has been generally careful to limit sewer service to properties located within Service Districts.   However, on a case-by-case basis, the County has made an exception to remedy a health hazard caused by a failing drainfield when a sewer line passes nearby.  Accordingly, no change to planning policy is required.

    Recommendation

    Staff recommends adoption of this plan amendment, which would allow the owner access to the Fauquier County Water and Sanitation Authority sewer service line.  Adoption of this plan amendment would be based on “hardship” considerations of a failed septic system, with no other remedy.  This amendment would not permit any additional connections to the WSA sewer line beyond the existing residence.