Board of Supervisors Meeting Date:


Constance Clyde and Lisa Nielsen,

Clyde Family Trustees

Premier at Cedar Mill LLC, Owners

Premier at Cedar Mill LLC, Applicant


December 8, 2005

Staff Lead:



Melissa Dargis, Assistant Chief of Planning

Community Development


Magisterial District:  Center



Service District:  Warrenton








A Resolution to Deny Premier/Clyde: CPAM05-CT-006 A Comprehensive Plan Amendment to Include Additional Land in the Warrenton Service District


Topic Description:


The applicant is seeking a Comprehensive Plan Amendment to include additional land in the Warrenton Service District.  These properties were formerly within the Warrenton Service District, but were excluded in the revised Comprehensive Plan, adopted in 2003.


Project Update:


On July 14, 2005, the Board of Supervisors held a public hearing on this item.  The item was postponed at the applicant’s request to allow a companion Comprehensive Plan Conformance Determination (CCRV06-CT-001) on the aforementioned properties to catch up with this request.





As depicted on Figure 1, the properties are located to the north-east of the Town of Warrenton, immediately to the north of Cedar Run, east of Route 29 and south of Route 605.


Zoning/Acreage/Land Use:

The properties sum to 79.55 acres, are zoned R-1 and are presently in woodland and open space.  Adjacent properties are zoned Residential.


Staff Analysis:


Applicant Request


The two applicants, Premier and Clyde, initially prepared separate requests that Fauquier County include various tracts of land in their control in the Warrenton Service District.  Subsequently the requests were combined, refer to Figure 1.  The combined application cites two grounds for a Comprehensive Review:


1.                  Overlooked in the 2002-2003 Comprehensive Plan Update of the Service District; and that the


2.                  Comprehensive Plan Goals would be better met if the properties were included.


The Planning Commission was requested by Ms. Caroline Atlee-Timlin, the owner of the adjacent property to Premier, to have her 47.9 acre property included in the Service District as well.  The letter is included as Attachment 3.




The tracts in question, and adjoining others, were included within the 1994 Comprehensive Plan’s Warrenton Service District.  The properties were also planned for water service and were so designated in the Fauquier County Water and Sanitation Authority’s Water and Wastewater Master Plan (March 1997), which is part of the County’s Comprehensive Plan by reference in Chapter 9 – Public Facilities and Utilities.  During the 2003 Planning Commission and Board Update Review of the Citizen Draft Plan, the Town of Warrenton informed the County that it could no longer provide municipal water and sewer service to new developments in the Service District.  Accordingly, the Planning Commission and the Board of Supervisors reduced the Service District Boundary to those areas served through the Town/County water and sewer service agreement or existing WSA water service.  The referenced tracts were excluded.


Since Plan adoption, the County has seen the proposed extension of a public water line from New Baltimore south (Atlee Road) to the Warrenton Chase subdivision which is located adjacent to the Village of Frytown.  The waterline extension to Warrenton Chase passes through the area in question – specifically the Clyde Tract, Figure 2.  (This extension of public water to Warrenton Chase was appropriate since the Chapter 9 reference to the WSA Water and Wastewater Master Plan of 1997 had already included these tracts within an approved WSA ‘franchise area.’) 


While it is not accurate to state that the tracts were overlooked by the Planning Commission and Board of Supervisors in 2003, the applicants could cite another ground for review, namely:


Change in Circumstances – specifically a new availability of public water lines in the Atlee Road and Frytown Road location.




A floodplain map and R-1 Zoning Boundaries (refer to Figure 4) show the Premier/Clyde Tract forms part of a self-contained area with great utility to the eastern portion of the Warrenton Service District.  These properties, which are all zoned R-1, connect with the Warrenton community via the proposed Academy Hill extension, Comfort Inn extended and a Frytown Road re-routed to minimize the floodplain crossing.  These road links proposed are part of the adopted Warrenton Service District Plan.  From a community perspective, these road connections are beneficial because they do much to reduce traffic congestion in the Fishback and Breezewood neighborhoods in Warrenton and divert traffic from the Route 29 Eastern Bypass.


Inclusion of the mini-area within the Service District has certain lot yield advantages to the developer: 


1.            Single family detached lots outside of a Service District are obliged to identify three drainage fields – one for immediate use and two reserve drainage fields – whereas lots within the Service District need only two fields, that for immediate use and one reserve field; and


2.            Provision of public water removes a further density constraint.  Individual wells must be located 20 feet from basements, 50 feet from drainage fields and 10 feet from property boundaries. 


Meeting all these geometric requirements inevitably ‘costs’ about 15-20% of lot yield.  Inclusion within a service district and provision of public water relieves the developer of the second reserve drainage field and well distance requirements, and permits a slightly higher lot yield of five or six lots.


On the other hand, inclusion of these properties in the Service District enhances the ability of the County to have the property developers construct the proposed Plan roads, which might otherwise not be realized for many years.  The Virginia Department of Transportation currently is facing significant funding constraints statewide, and cannot be expected to fund and construct these connecting road links in the short term.




CPAM05-CT-006 Premier/Clyde reaches the Board of Supervisors at an opportune time.  A new public water line extended through the Clyde parcel alters the fundamental utility situation that caused the County to exclude these R-1 zoned tracts two years ago.  Furthermore, a reconstituted Warrenton Citizen Committee has resolved a transportation issue by proposing linkages between Comfort Inn / Academy Hill / Frytown Roads, which occur on and around these properties.  These linkages were included in the adopted Service District Plan.  Given the pivotal Warrenton Service District infrastructure associated with these tracts, it would be reasonable to include them in the Service District.  Figures 5 and 6 identify two possible Service District boundaries.  In Figure 5, the boundary merely ‘squares off’ Premier/Clyde with the inclusion of five single family lots.  In Figure 6, the boundary contains all of the R-1 zoned land north of Cedar Run.  The advantage of this boundary is that road improvements to both Atlee Road and Frytown Road could become a public-private venture.


Action Requested of the Board of Supervisors:


Conduct a public hearing and consider adoption of the attached resolution.



Planning Commission Recommendation:


On May 26, 2005, the Planning Commission held a public hearing on the application and recommended denial of the application.  However, the Planning Commission recommended approval of the applicants’ companion Comprehensive Plan Conformance Determination (CCRV06-CT-001).  It found extension of public water would be in plan conformance, if an acceptable developer’s agreement for Atlee and Frytown Road improvements can be executed.


Summary and Recommendations:


Staff recommends that the Board of Supervisors hold the public hearing on CPAM05-CT-006 and consider that input as well as the Planning Commission recommendation.





1.                  Statement of Justification

2.                  Figures:      1. Premier Clyde tracts

2. New Baltimore Water Line

3. Road Linkages

4. Zoning

5. Option A

6. Option B

3.         Atlee-Timlin Letter