Board of Supervisors Meeting Date:


Mr. and Mrs. Frederick Nizer, Owners/Applicants


November 10, 2004

Staff Lead:



Charles A. Floyd, Senior Planner

Community Development


Magisterial District:








Nizer Subdivision: Preliminary Plat PPLT05-MA-009


Topic Description:


The applicant is seeking Preliminary Plat approval to divide approximately 26.6 acres into two (2) single-family residential lots of ±5.85 and ±20.42 acres.  These two (2) divisions will exhaust all subdivision potential on the property.  A copy of the Preliminary Plat is located in Attachment 1.


The parcel of approximately 26.6 acres is zoned Rural Agricultural (RA). All adjacent properties are also zoned Rural Agriculture (RA).


Section 9-7 of the Subdivision Ordinance requires that "…all preliminary plats approved by the Planning Commission shall be referred to the Board of Supervisors at its next regularly scheduled meeting…If the Board takes no action on the preliminary plat referral, the preliminary plat shall be deemed approved in accordance with the actions of the Planning Commission."


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 October 28, 2004, the Planning Commission voted to approve the Nizer Subdivision Preliminary Plat, subject to the conditions noted below:


1.      The Final Plat shall be in general conformance with the Preliminary Plat entitled "Nizer Subdivision" dated August 16, 2004, signed by Gary D. Cairns on 8-16-04 and received in the Planning Office on August 20, 2004, except as modified by these conditions.  This approval is for a maximum of two (2) residential lots. 


1.      Houses shall not be located in swales.


  1. The driveway to Lot B-2 shall be kept out of the floodplain.


3.      Dedication of right-of-way 25 feet from the centerline of Tapps Ford Road shall be required.


4.      Show the limits of clearing and grading on the Preliminary Plat.


5.      The plan shall indicate the distance to the nearest state maintained road.


6.      It is not clear if Route 645 is a prescriptive or fee simple right-of-way.  If it is prescriptive, the right-of-way dedication shall extend from the centerline of the road to the property line.  The width of the dedication shall be dimensioned.


7.      A sight distance shall be provided demonstrating that the entrances meet minimum sight distance requirements.


8.      The plan is indicating 18-inch CMP pipes, but it does not specify a length of pipe.  The minimum length is 30 feet, and the entrance should be constructed in accordance with the PE-1 standard.


  1. Pursuant to Section 7-603 of the Fauquier County Zoning Ordinance, a landscape plan shall be submitted with the construction drawings for approval.  That landscape plan must:


a.             Save existing trees on-site to the fullest extent possible, with clearcutting only allowed for the house pad, yard, drainfields, streets, etc. (7-603.2).


b.            Provide street trees every 50 linear feet along streets. (7-603.2b).


c.             Provide a minimum of 15% crown coverage calculated at 20 years maturity (7-603.2a).




As depicted on the location map, the parcel is on the west side of State Route 645 (Tapps Ford Road) north of Rappahannock County in Marshall Magisterial District.  The Rappahannock River forms the western boundary of the property.


Location Map






Preliminary Plat