Owner/Applicant:                                              Board of Supervisors Meeting Date:

Llewellyn J. Evans                                                                                October 21, 2002

Staff Lead:                                                                                                     Department:

Elizabeth A. Cook                                                                     Community Development


A Resolution to Approve Special Exception  #SE02-S-21, Llewellyn J. Evans, Owner/Applicant, PINS #6995-15-0169-000, #6995-15-0974-000 and #6995-15-4081-000, Scott Magisterial District

Topic Description:


The applicant is seeking special exception approval, pursuant to Zoning Ordinance Category 23 (Floodplain Uses), to allow fill in the floodplain in association with construction of a roadway embankment for a new street and a Stormwater Management (SWM)/BMP facility.  This request is the first in a series of applications associated with a preliminary subdivision plat for a proposed single-family detached residential subdivision on approximately 47.56 acres comprised of three individual parcels.  The lot sizes will range from 1.0 acre to ±8.74 acres.  The property is located on the east side of Airlie Road (Route 605), north of its intersection with Surry Court, in the Warrenton Service District.

Other Pending Applications:

There are other pending applications before the Planning Commission and related to the overall preliminary subdivision.  Those applications are as follows:

·        Two additional special exceptions pursuant to Zoning Ordinance:

(1)   Category 29, Waiver of Public Street Requirement In Residential Zones, to allow the use of private streets; and

(2)   Category 31, Waiver of Public/Central Water Requirement, to allow the use of a private central water system.

·        A modification of Zoning Ordinance Section 7-302.1.B, to allow private streets to connect to other private streets, and a modification of Subdivision Ordinance Section 5-8, for a waiver to allow cul-de-sacs in excess of 700 feet. 

On July 25, 2002 and September 26, 2002, the Planning Commission held public hearings on the proposed floodplain special exception request.  At the request of the applicant, Planning Commission action on the companion applications has been postponed until resolution of the proposed floodplain crossing special exception application.  The applicant continues to gather information regarding the special exception request for a waiver of the public street requirement.  The request for private streets may be withdrawn, or the applicant may wish to bring the request forward prior to action on the preliminary plat and the proposed central water system.  The applicant continues to work with staff and the Planning Commission to refine the proposed development. 

As currently titled, the proposed subdivision is identified as Airlie Estates; however, at the request of the Planning Commission, staff, and the Airlie Center, the applicant will propose an alternative subdivision name.

Requested Action of the Board of Supervisors

Consider adoption of the attached resolution.

Planning Commission Recommendation:

The Planning Commission recommends approval of Special Exception #SE02-S-21, to permit fill in the floodplain associated with the proposed floodplain crossing and an online Stormwater Management/BMP facility, subject to the following development conditions:

1.                  The special exception is granted for, and runs with, the land indicated in this application and is not transferable to other land.

2.                  This special exception is granted only for the purposes(s), structure(s) and/or use(s) indicated on the special exception plat and application, as may be further qualified by these development conditions.  With respect to the floodplain conditions, any final subdivision plat submitted pursuant to this special exception shall be in general conformance with the special exception plan prepared by Bowman Consulting entitled "Airlie Estates", dated August 2002, and received in the Planning Office August 29, 2002, and these conditions.

3.                  There shall be no increase in flood levels or velocity of floodwaters off-site as a result of the proposed floodplain crossing, as determined to the satisfaction of the County Engineer prior to final construction plan approval.

4.                  Prior to final construction plan approval, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA).  The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain crossing.  An improvement bond will be required to cover the amount of the LOMR fee, as-built plans, and any other requirements as outlined in FEMA’s CLOMR.

5.                  The final plat for the subdivision shall show the revised floodplain limits.  In no instance shall more than 25% of the required minimum lot area for any individual residential lot be covered with the 100-year floodplain.

6.                  The design of all floodplain impacts shall be coordinated with, and approved by, the County Engineer prior to final construction plan approval.

7.                  Any land disturbance within the 100-year floodplain shall be stabilized and seeded in accordance with Virginia Erosion and Sediment Control Regulations.

8.                  If the development streets are required to be public, an additional review and approval shall be required by the Virginia Department of Transportation.

9.                  The applicant shall provide evidence to the County that any and all required DEQ permits have been obtained prior to approval of the final construction plans.

Financial Impacts Analysis:

No financial analysis was required for this application.


  1. Resolution
  2. Plat