Board of Supervisors Meeting Date:


Eleanor J. Butler and Nicholas F. & Michele A.  Glowicki, Owners/Applicants


November 10, 2004

Staff Lead:



Charles A. Floyd, Senior Planner

Community Development


Magisterial District:  Scott



Service District:  New Baltimore





Broken Hills Estates, Section 5 – Lots 2 & 3: Preliminary Plat PPLT05-SC-013


Topic Description:


The subject properties have a lengthy legal history, beginning with their origin as two of four parcels created in the 1968 subdivision of Broken Hills Section 5.  The abridged version of this story focuses on the improper creation of an unusable remnant lot at the time of subdivision.  The existence of this improper remnant prompted a finding by the County Attorney that Broken Hills Section 5 is not a legally platted subdivision.


The applicants’ proposed Preliminary Plat reflects existing conditions.  The proposed two-lot subdivision is located at 7036 and 7030 Riley Road (Route 676) in the New Baltimore Service District.  No changes to the property are proposed with the subdivision plat.  Approval of the Preliminary Plat will simply confirm the division of lots that were created in 1968 and have served as residential subdivision lots since that time. 


Requested Action of Board of Supervisors:


Consider adoption of the attached resolution.  On October 28, 2004, the Planning Commission voted to approve the Butler/Glowicki Preliminary Plat, subject to the approved Rezoning application (RZ03-S-14) with its associated proffers and conditions, and the waiver of the final construction plan and separate final plat requirement.  A copy of the approval resolution is included as Attachment 1.


This Preliminary Plat is subject to the previously approved rezoning (RZ03-S-14) and its associated proffers and conditions.  In addition, staff requested that the Planning Commission waive the Subdivision Ordinance requirement for construction plans and profiles, and permit the Preliminary Plat to serve as the Final Plat for this property.  The Planning Commission approval did include these waivers.


Once the Preliminary Plat is approved, the applicants will initiate a downzoning of their property from Residential-2 (R-2) to Residential-1 (R-1), in accordance with the Rezoning and Proffer statement approved by the Fauquier County Board of Supervisors on August 18, 2003. 


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."


The Planning Commission staff report is available upon request.


Zoning/Acreage/Land Use:


The parcels are approximately 2.0 acres zoned Residential-2 (R-2). All adjacent properties are zoned Residential-1 (R-1) with some Planned Residential Development zoned property nearby.




As depicted on the location map, the parcel is on the northwest side of State Route 676 (Riley Road) south of its intersection with Lakeview Drive in Scott Magisterial District. 

Location Map





Financial Impact Analysis:




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