Board of Supervisors Meeting Date:


James W. Ott (Owner)

The Artery Development Company, LLC (Applicant)



December 8, 2005

Staff Lead:



Holly Meade, Senior Planner

Community Development


Magisterial District:  Lee



Service District:  Remington





Freeman’s Ford Chase: Preliminary Plat PPLT05-LE-020


Topic Description:


The applicant is seeking Preliminary Plat approval to divide approximately 31 acres into eleven (11) single-family residential lots ranging in size from  ±10,010 square feet to ±16,963 square feet.  Public water and sewer will be required since more than seven (7) lots are proposed and the property is located within the Remington Service District.  A copy of the Preliminary Plat is located in Attachment 1


The applicant is requesting a waiver of Section 8-1 of the Fauquier County Subdivision Ordinance.  Section 8-1 states that “Combination of curb and gutter in Residential Districts shall be required along all public and private streets, accessways or service drives in subdivisions having lots containing 20,000 square feet or less in area, either conventional or clusters”.  The applicant has stated that the existing topography of the site is not conducive to curb and gutter design.  According to the applicant, the existing topography is very flat, which would require the design of a series of swales to convey the water to the proposed Stormwater Management (SWM) facility.  If curb and gutter was used on this site, the applicant would need to provide storm structures and a storm pipe system in order to transfer the water from the roads to the SWM facility.  Due to the site constraints and the required depth of the storm sewer, the applicant would not be able to effectively outfall these structures into the SWM facility.  Therefore, the applicant’s proposal is to use roads without curbs and gutters and utilize road side ditches with storm culverts at the driveways.  In addition, the applicant has stated that they are requesting the waiver in order to conform to the surrounding neighborhood which does not have curb, gutter or sidewalks.


The applicant is also requesting a waiver of Section 5-1 of the Fauquier County Subdivision Ordinance.  Section 5-1 states that “Provisions shall be made wherever practicable for the continuation of planned, existing or platted streets in adjoining areas”.  The applicant has stated construction of an interparcel connection would destroy wetlands in the southwestern portion of the site.  They also contend elimination of the interparcel connection would not deprive the adjacent owner of access because the same owner holds title to an adjoining parcel that fronts State Route 651 that could provide access to both properties, without destroying wetlands.  A copy of the Statement of Justification for both waivers is included as Attachment 2.


In addition, Artery Homes has conveyed their intent to donate $45,000.00 to the Fauquier County Board of Supervisors for the Bealeton Connector.  Artery Homes recognizes the future homeowners in the Freeman’s Ford Chase subdivision would partake in such a roadway.  A copy of the letter of intent is included as Attachment 3.




As depicted on the location map, the parcel is located on the east side of Business Route 15/29 and to the west of North Duey Street, adjacent to the Town of Remington, in the Lee Magisterial District. 


Location Map


Requested Action of the Board of Supervisors:


Planning Commissioner John Meadows and Supervisor Chester Stribling requested that this application be included on the Board of Supervisors’ December 8th agenda for action.  Due to Thanksgiving, December 7th is the Planning Commissions’ combined and advertised meeting date for November and December.  At the time this staff report was prepared, the Planning Commission had not taken action on the Preliminary Plat or the two waiver requests.  A verbal update on the Planning Commission’s actions will be given at the Fauquier County Board of Supervisors’ 11:00 a.m. “agenda review”.  Any Planning Commission revisions to the Preliminary Plat conditions of approval herein will be noted, and provided to Rick Klinc (DIT Director) for placement on the electronic agenda. 


If the Planning Commission approves both the Preliminary Plat and the waivers, consider the attached resolution of approval (Attachment 4).  If the Planning Commission denies both the Preliminary Plat and waiver requests, the Board of Supervisors can consider one of the resolutions reflected in (Attachment 5).





1.      Preliminary Plat

2.      Statement of Justification for Waiver Request

3.      Letter of Intent

4.      Resolution to approve the Preliminary Plat and Waiver requests

5.      Resolutions to act on Waiver requests