PUBLIC HEARING AGENDA REQUEST
Sharon Grove McCamy, Vice Chair, Lee District October 21, 2002
Frederick P.D. Carr, Director Community Development
A Resolution to Amend the Comprehensive Plan #CPA03-L-01 (formerly #CPA02-L-08), Dunn Sewer Remediation
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.
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:
of the Board of Supervisors:
Hold a public hearing on the draft Plan, and
consider adoption of the attached resolution.
any other Departments, Organizations or Individuals that would be affected
by this request:
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:
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.
COUNTY OF FAUQUIER
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
AUGUST 29, 2002
PLAN AMENDMENT #CPA 03-L-01
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
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
AND AGENCY REVIEW
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.
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.