Board of Supervisors Meeting Date:

Caroline Atlee Timlin, Owner

Toll Brothers Inc., Applicant


December 8, 2005

Staff Lead:



Melissa Dargis, Assistant Chief of Planning

Community Development


Magisterial District:  Center








CPAM05-CT-012 Timlin Property Comprehensive Plan Amendment


CCRV05-CT-001 Timlin Property Comprehensive Plan Conformance Determination  


Topic Description:


Comprehensive Plan:


The applicant requests that water service be extended to include the applicant’s property.  The applicant states that the criteria of submittal for this proposal are: meeting the goals of the Comprehensive Plan and Plan Imposed Hardship.


The Comprehensive Plan Amendment proposes to include this parcel in the Warrenton Service District.  The property was formerly within the Warrenton Service District, but excluded in the revised Comprehensive Plan, adopted in 2003.


Comprehensive Plan Conformance Determination:


The applicant seeks a determination that public water service to this parcel is authorized by the Comprehensive Plan, even if the parcel is not located within the Warrenton Service District.


Project Information:


On October 27, 2005 and September 29, 2005, the Planning Commission held public hearings on these items.  At that time, The Planning Commission recommended approval of the Comprehensive Plan Conformance Determination and denial of the Comprehensive Plan Amendment to the Board of Supervisors. 





The property is located northeast of the Town of Warrenton, immediately to the north of Cedar Run, east of Route 29 and south of Route 605.  A map of the property is shown below:






Zoning/Acreage/Land Use:

The property is zoned Residential (R-1) and is presently in woodland and open space.  Adjacent properties are zoned are zoned R-1 to the north; R-1 and Rural Agricultural (RA) to the east; RA to the south and R-1 to the west.

Requested Action of the Board of Supervisors:

Conduct a public hearing, and consider denial of the Comprehensive Plan Amendment and postponement of the Comprehensive Plan Conformance Determination.


Planning Commission Recommendation:


The Planning Commission recommends denial of the Comprehensive Plan Amendment.


The Planning Commission forwarded the Comprehensive Plan Conformance Determination to the Board of Supervisors with a recommendation of approval.  However, it was subject to receipt of an agreement for road improvements, as proposed by the applicant.  An excerpt from the approved motion is provided:


“…and to approve the request for a determination that extension of public water service for the subject property…however, that approval is contingent upon the applicant or others agreeing to improve the road network to an adequate degree to justify the extension of public services to the site prior to final action by the Board of Supervisors on this application.  In the event that such agreement in not forthcoming, it is the intent of my recommendation that the Board overrule this finding in accordance with Section 15.2-2232…”


Although this parcel is not part of the Premier/Clyde development that negotiated the agreement, it is subject to it as Premier/Clyde has indicated it will take responsibility for negotiating the cost-share agreement with the applicant.

Staff Analysis:


Applicant Request:


The applicant requests the 47.9 acre property to be included in the Warrenton Service District or, as an alternative, for a determination to concur with the Fauquier Water and Sanitation Authority’s (WSA) Master Plan that shows this area being provided water service; regardless of whether it is inside or out of the Service District.  The applicant argues that the property was:


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

      and that the

  1. Comprehensive Plan Goals would be better met if the property was included within the Service District.




This parcel was included within the 1994 Comprehensive Plan Warrenton Service District, as well as the Fauquier County Water and Sanitation Authority’s Water and Wastewater Master Plan of March 1997 – which is part of the County’s Comprehensive Plan by reference in Chapter 9 – Public Facilities and Utilities.  During the 2003 review and update of the Warrenton Service District 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 drew a Service District Boundary in 2003 around those developments already served by the Town with municipal water and sewer service, and excluded this parcel as well as other adjacent vacant tracts not being served through the WSA.


Since the Plan’s adoption, the County has overseen the proposed extension of a public water line from New Baltimore south toward the Village of Frytown to serve the Warrenton Chase subdivision, near the property in question.  (This extension of public water 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 ‘franchise area.’)  A second Citizen Committee Review also was completed and the Board of Supervisors adopted the Plan revision on October 13, 2005, this property was not included within the Service District Boundary.  Thus, while it is not accurate to state that the parcel was overlooked by the Planning Commission and Board of Supervisors in 2003, the applicant could cite another ground for review, namely:


Change in Circumstances – specifically a new availability of public water lines.




This parcel, zoned R-1, connects with the Warrenton community via the proposed Academy Hill extension, the proposed Comfort Inn extension and a Frytown Road re-routed to minimize the floodplain crossing.  From a community perspective, these road connections are extremely valuable 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 property 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 perhaps five or six lots.  On the other hand, inclusion of this property in the Service District enhances the ability of the property developers to construct the proposed collector roads, which might otherwise not be realized for many years. 




CPAM05-CT-012 Timlin Property Comprehensive Plan Amendment and CCRV05-CT-001 Timlin Property Comprehensive Plan Conformance Determination, reach the Planning Commission at an opportune time.  A new public water line proposed to be extended through the Clyde parcel, which could potentially alter the utility situation that caused the County to exclude the R-1 zoned tracts two years ago.  Furthermore, the adopted 2005 Service District Plan proposes linkages between Comfort Inn / Academy Hill / Frytown Roads, which occur on and around this property.  Given the pivotal Warrenton Service District infrastructure associated with this tract, it would be reasonable to include this parcel in the Service District.  The advantage of this boundary is that road improvements to both Atlee Road and Frytown Road could become a public-private venture via a developer’s agreement.





The Board of Supervisors is requested to make a determination on the appropriateness of the proposed Comprehensive Plan Conformance Determination, and if water service to this property is in compliance with the County’s Comprehensive Plan.


Staff concurs with the recommendation of the Planning Commission to deny the Comprehensive Plan Amendment request.


However, staff recommends that the Board postpone action on the Comprehensive Plan Conformance Determination until the applicant provides staff with evidence that an agreement for the upgrades to Atlee and Frytown Roads, as suggested in the October 17, 2005 letter from the Clyde/Premier property representative indicates as well as in conjunction with the contingent motion forwarded by the Planning Commission.




  1. Comprehensive Plan Amendment Plat
  2. Statement of Justification
  3. October 17, 2005 letter regarding road upgrades
  4. Resolution to Deny CPAM05-CT-012
  5. Resolution to Approve CCRV05-CT-001