Owner/Applicant:                                             Board of Supervisors Meeting Date:

Llewellyn J. Evans                                                                  November 18, 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 residential subdivision plat located on approximately 47.56 acres with three individual parcels.  The single-family 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.

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.


On October 21, 2002 , the Board of Supervisors held a public hearing on the request to fill in the floodplain due to the proposed construction of a new road and a stormwater management facility.  Concerns were expressed by neighboring property owners regarding the impacts to downstream stormwater facilities located in the Warrenton Lakes Subdivision and access to the development at this proposed location.

Subsequent to the public hearing, the applicant has met with the Scott District Supervisor and the County Engineer .  Attached is the applicant's response to the concerns raised during the public hearing.  In addition, the County Engineer 's comments to this response are also attached.  These discussions are on going.

Based on the information available to date, the
County Engineer indicates that it does not appear as though the proposed facility will result in long-term negative impacts to the existing Warrenton Lakes stormwater management facilities; however, the County has not received any correspondence from the United States Army Corps of Engineers or the Virginia Department of Environmental Quality.


Requested Action of the Board of Supervisors:

If requested by the applicant, postpone action on the special exception request to allow time for comments from the United States Army Corps of Engineers and the Virginia Department of Environmental Quality.  However, a resolution of approval is attached for the Board of Supervisor's consideration if action is requested.

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. Mr. Evans' Response