Board of Supervisors Meeting Date:

James R. and Margaret L. Hendricks, Trustees


November 9, 2006

Staff Lead:


Holly Meade, Senior Planner

Community Development


Magisterial District: Scott  


Service District:  New Baltimore




Preliminary Plat PPLT03-S-28 - Misty Run Estates, Phase 3, Scott District


Topic Description:


The applicant is seeking Preliminary Plat approval to divide 10.48 acres into five (5) single family lots ranging in size from .79 to 1.18 acres, plus a residue parcel of approximately 6.05 acres.  The residual parcel represents slightly more than fifty percent of the overall property acreage and shall remain as common open space.  The Preliminary Plat is included as Attachment 1.

The Preliminary Plat was previously approved by the Fauquier County Planning Commission on May 29, 2003 and placed on the Board of Supervisors’ September 15, 2003 consent agenda.  Since that time, the Preliminary Plat has expired.  It has been resubmitted for review and Planning Commission approval.  The applicant has been concurrently pursuing Final Plat approval and at this point there are only minor revisions needed to the Final Construction Plans.


Zoning/Acreage/Land Use: 

The ±10.48 acres are zoned Residential (R-1), as well as all adjacent parcels.


Requested Action of the Board of Supervisors:

No action is necessary, unless a majority of the Board wishes to consider this preliminary subdivision application.  On September 28, 2006, the Planning Commission voted unanimously to approve the Misty Run Preliminary Plat, subject to the following conditions:

1.  The Final Plat shall be in general conformance with the preliminary subdivision plat entitled "Preliminary Plat, Phase 3, Misty Run Estates" dated April 17, 2003, and last revised August 19, 2003.  

2.  Prior to Final Plat and Construction Plan approval, the applicant shall submit a detailed landscape plan as required pursuant to Section 7-600 of the Zoning Ordinance.

3.      In accord with Section 6-102 24 C. 1. the 100-year flood pool and spillway for ponds shall be located not less than 50 feet from an adjacent property unless written consent of the owner is provided.   

4.      Section 2-309(3) requires that “in cases where open space requirements exceed five (5) acres, a minimum of three (3) acres will be so located and shall have dimensions and topography as to be open space useable for active recreation”.  This condition must be met with the Final Construction Plan and Final Plat. 

5.      Natural drainage swales are to be protected to the maximum extent possible.  The swales across Lots 4 and 5 shall be protected.  No house shall be built within the 10-year water surface areas. 

6.      Lot 1 may use the existing driveway access.  Lots 2, 3, 4, and 5 shall be accessed from within the development, via the proposed alley.  The alley shall be designed and constructed as provided in Subdivision Ordinance Section 5-10; however, the alley may dead end.

8.  Verification of adequate fire flow and hydrant coverage shall be provided prior to approval of the Final Construction Plans.

9.  The toe of slope on the embankment or associate disturbed area of the SWM/BMP shall be at least twenty-five (25) feet from the property line.

10. Driveway culverts and all other pipes shall be shown on the Final Plan and shall be sized for the ten (10) year storm.

11. Prior to Final Construction Plan approval, as-builts of the SWM/BMP ponds shall be provided along with routings of these facilities to assure that they are functioning as designed and will meet the minimum requirements of the SWM/BMP Ordinance.

12. Ponds and dams shall be inspected by an engineer and their structural stability shall be certified prior to approval of the Final Construction Plan.

13. A Virginia Certified Professional Soil Scientist (CPSS) shall adjust the Type I Soil Map soil lines onto the final working plat.  This shall be done in the field and checked for any additional soil information to be added to the final scale plat map on sheet 4 of 5.

14. A signature block shall be placed on the Final Plat for the CPSS to sign which states:


Preliminary Soils Information Provided by the Fauquier County Soil Scientist Office via a Type I Soil Map (1"=400') Dated November 7, 2002.

This Virginia Certified Professional Soil Scientist has field reviewed and adjusted the preliminary soil information onto the final plat (1"=???') and certifies that this is the Best Available Soils Information to Date for lots 2 and 3.

Va. Certified Professional Soil Scientist                               DATE

CPSS #3401-


15.  The following statements shall be placed on the Final Plat:

"The County recommends that no below grade basements be constructed on soil mapping unit 16B due to wetness unless the foundation drainage system of the structure is designed by a Virginia Licensed Professional Engineer."

"Foundations placed in Soil Mapping Units that show a moderate, high,  or very high shrink-swell potential in the most recent Interpretive Guide to the Soils of Fauquier County, Virginia  will require geotechnical evaluation in order to determine proper design."

16.  Once drainfield areas are identified and approved by the Health Department, the following statement shall be placed on the final drainfield plat:

"Before a home is started, the builder shall mark the drainfield area off and not disturb it during construction."

17.  The drainfield and well types shall be stated on the Final Construction Plan.

18.  All easements, including the fiber-optic cable easement, shall be shown on the Final Construction Plan.

19.  All driveway entrances shall be sited and constructed in accordance with VDOT regulations and design standards. 

20.  Calculations demonstrating adequate channel downstream of the culvert shall be required prior to Final Construction Plan approval.

21.  At a minimum, Phase III Homeowners Association will be responsible for the maintenance of the SWM/BMP pond located on the open space parcel.  The deed of subdivision and homeowner’s association documents will clearly identify these responsibilities.



The parcel is located on the west side of Grays Mill Road (Route 674), between its intersection with Chittenden Drive and Newbury Street.

Location Map 



Preliminary Plat


Back to Agenda...