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Project History:
Virginia Pines is a proposed
seven (7) lot subdivision. A subdivision potential letter
dated April 20, 2004 states that this parcel has the
potential to be divided into a maximum of ten (10) lots.
The original proposed layout showed a road which would be
designed and constructed to public street (Virginia
Department of Transportation) standards to serve the lots.
The length of the cul-de-sac exceeded 700 feet in length, so
the Applicant requested a waiver of the cul-de-sac length
(700 feet maximum per the Subdivision Ordinance) to be
considered in conjunction with the Preliminary Plat
application. The proposed cul-de-sac length was
approximately 2,400 feet in length. The Preliminary Plat and
waiver was considered by the Planning Commission on November
30, 2006 and subsequently denied. The Board of Supervisors
upheld the Planning Commission’s decision on February 8,
2007.
In order to settle the
pending litigation brought forth by the Applicant as a
result of this denial, the Board of Supervisors passed a
Resolution on January 10, 2008 to initiate consideration of
these Special Exceptions and any necessary waivers. A copy
of this Resolution is included as Attachment 1. The
Resolution includes two exhibits which show alternative
access points to the proposed lots. Exhibit A shows a
private access road that has an entrance point close to the
originally proposed access on the Preliminary Plat. Exhibit
B shows a private street which utilizes the existing access
road located on the property. Both options show a proposed
30’ ingress egress easement. Under the terms of the proposed
settlement, this width was agreed to in order to minimize
the disruptive impacts of the private street, especially
with regard to the floodplain limits. However, a waiver of
Zoning Ordinance Section 7-302.1.A.3 is required to allow a
right-of-way with this width.
Exhibit B is outlined in the
Resolution to be the preferred layout by the Board of
Supervisors; however, approving this layout would mean the
private road would cross the floodplain limits. The
Applicant contends in their Statement of Justification that
they would need to modify and upgrade the existing
floodplain crossing. They also state that they do not intend
to fill within the floodplain, but upgrading the existing
road may require grading and the addition of gravel to the
road. The Applicant has also stated that they plan to test
the existing bridge for engineering soundness to determine
if it needs to be replaced. Staff would like to note that
regardless of whether or not fill will occur in the
floodplain as a result of the road upgrades, the Category 23
Special Exception is required by Zoning Ordinance Section
4-406.3 for Type II and Type III private streets located in
a floodplain and serving more than three lots.
If Exhibit A is the option
recommended for approval, only the Categories 28 and 29
Special Exceptions would be required. If Exhibit B is the
option recommended for approval, action is required to be
taken on Categories 28, 29 and 23 Special Exceptions.
Location, Zoning and
Current Land Use:
The property is located east
of Bull Mountain Road (Route 629), south of the Loudoun
County line and west of the Prince William County line. The
parcel is zoned a combination of Rural Agricultural (RA) and
Rural Conservation (RC) and contains approximately 209
acres. Properties to the north, south and west are zoned RA
while the property to the east is zoned RC.
Special Exception Analysis:
Category 23: Section 5-2300
of the Zoning Ordinance outlines the following standards for
this Special Exception:
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No such use shall cause
an increase in the level of flooding or velocity of
flood waters.
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No such use shall create
a potential hazard of debris subject to movement by
flood waters which might cause damage downstream.
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The John Marshall Soil
and Water Conservation District shall be given the
opportunity to comment on such uses.
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The applicant shall have
obtained and shall present evidence attesting any
applicable approvals by State and Federal authorities
concerning such a use.
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Materials and equipment
stored in the floodplain shall not be buoyant, flammable
or explosive, and shall not be subject to major damage
by flooding or such materials and equipment must be
firmly anchored to prevent flotation or movement and/or
can be readily removed from the area within the time
available after flood warning.
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Special exceptions shall
only be issued after the Board of Supervisors has
determined that the granting of such will not result in
(a) unacceptable or prohibited increase in flood
heights, (b) additional threats to public safety, (c)
extraordinary public expense, (d) create nuisances, (e)
cause fraud or victimization of the public, or (f)
conflict with local law or ordinances.
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Special exceptions
shall only be issued after the Board of Supervisors has
determined that the special exception will be necessary
to provide the applicant with reasonable use of the
parcel of land in question, taken as a whole.
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The Zoning Administrator
shall notify the applicant for a Special Exception in
writing, at the time of filing, that the issuance of a
special exception to construct a structure below the one
hundred (100) year flood elevation (a) will increase
risks to life and property, and (b) will result in
increased premium rates for flood insurance.
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A record of the above
notification as well as all special exception actions,
including justification for their issuance, shall be
maintained and any special exceptions which are issued
shall be noted in the annual report submitted to the
Federal Insurance Administrator.
It does not appear that
sufficient information has been provided at this time to
determine if all of these criteria can be met. The applicant
contends that the modifications to the existing access road
should not require fill to be placed in the floodplain, but
is requesting this Special Exception in the event that
construction activities such as grading may require fill in
the floodplain. Staff feels that this does not preclude the
Board of Supervisors from taking action on this
application. These criteria have been incorporated into the
Conditions of Development (Attachment
5).
Category 29: Section 5-2900
of the Zoning Ordinance states that in Residential, RA and
RC zoning districts, the Board of Supervisors may grant a
Special Exception to permit the construction of private
streets within a subdivision where the following standards
are met:
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The requirements of the
Virginia Department of Transportation necessary for the
dedication of public streets will not permit the
development of the proposed subdivision in a manner
which is in harmony with the surrounding character of
the neighborhood or the proposed development scheme. (Exhibit
B is shorter in length than the proposed public road,
and is less impactive with regards to the steep slopes
located on the property).
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The proposed private
streets, based upon anticipated traffic generation
volume, would adequately serve the lots to be developed
and provide sufficient emergency vehicle access to the
subdivision, and demonstration that adequate provisions
will be made to provide for continuing maintenance and
repair of the streets by a homeowners association. For
any subdivision with 80 lots or more a traffic impact
analysis must be provided to establish the justification
for the request. (The Homeowners Association will be
responsible for maintaining the private street, or a
Road Maintenance Agreement will need to be recorded with
the subdivision.)
Category 28: Section 5-2800
of the Zoning Ordinance states that in the RA and RC zones,
the Board of Supervisors may grant a special exception to
permit the construction of Type II or Type III private
streets within a subdivision where the following standards
are met:
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Construction of a Type I
street would be inconsistent with the pattern of
development in the area, or would result in the
degradation of environmental, historic or cultural
resources. (Staff believes that the construction of a
Type I street would result in further degradation of the
floodplain area and the steep slopes located on the
property. One of the alternate accesses proposed
(Exhibit B) will utilize an existing road alignment that
will be upgraded.)
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The proposed street
(whether Type II or Type III) would adequately serve the
lots to be developed and provide sufficient emergency
vehicle access to the subdivision, and adequate
provisions will be made to provide for the continuing
maintenance and repair of the streets. (The Applicant
will need to ensure at the time of Final Construction
Plan/Final Plat approval that sufficient emergency
access shall be provided. This shall be a condition of
development.)
Site
Suitability/Environment:
There are steep slopes and
floodplain located on this property.
Staff and Review Agency
Comments:
Staff and Review Agency
Comments are included in Attachment 4.
Planning Commission Action:
On January 31, 2008, the
Planning Commission voted unanimously to recommend approval
of these Special Exceptions and the Waiver Request. Exhibit
B was the road layout endorsed by the Planning Commission,
pursuant to the Special Exception Plat dated January 26,
2008 (Attachment 3).
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