PUBLIC HEARING AGENDA REQUEST

Sponsor: 

Board of Supervisors Meeting Date:

Planning Commission

March 8, 2007

Staff Lead:

Department: 

W. Todd Benson, Assistant Zoning Administrator

Community Development

Topic:

A Zoning Ordinance Text Amendment to Section 7-302 to Allow the Board of Supervisors to Modify Certain Private Street Requirements for Streets Serving Lots Created by Large Lot Subdivision and Family Transfers

Topic Description:

This proposed text amendment is designed to allow a degree of flexibility in private streets serving  large lot subdivisions and family transfers.

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the proposed Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report:

This proposed text amendment is designed to allow a degree of flexibility in large lot subdivisions and family transfers. At present, the following private street requirements may be modified:   A. private streets within a development shall be limited to those streets which are not required or designed to provide access to adjacent properties or the remainder of the tract being developed, or other streets, as determined by the Commission; B. private streets must connect directly to a state maintained street;  C. rights-of-way must have a minimum of fifty (50) feet in width; and D. no private street shall be approved which traverses a lot except along the boundaries of such lot or except where the portions of the lot on either side of the new street satisfy the minimum requirements of this Ordinance for the creation of lots.  Waivers are permitted when the applicant can demonstrate that no other remedy is realistically feasible, that plausible alternatives have been exhausted, that to not so modify the applicable limitation(s) would place an unreasonable restriction on the use of the property, and that properties through which access is planned will not be unreasonably affected.

The proposed text amendment provides a second basis for granting modifications. Modifications will be allowed to provide access to parcels created by large lot subdivision pursuant to §2-310 of the Zoning  Ordinance provided that the parent property is subject to a conservation easement held by  a body politic or a political subdivision of the State and the modification is consistent with the limitation on subdivision potential. 

This amendment was initiated by the Board of Supervisors on November 9, 2006. The Planning Commission conducted a public hearing on December 19, 2006.  No one spoke.  The Planning Commission closed the public hearing and continued the matter until the January meeting. On January 25, 2007, the Planning Commission unanimously recommended denial.  Among other things, Planning Commission members noted that the proposed amendment is redundant and confusing because adequate grounds for waiving private street requirements already exist.

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

Department of Economic Development

ATTACHMENT:

Proposed Revisions to the Zoning Ordinance