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Staff
Analysis:
Staff and the appropriate referral agencies have reviewed
this request for conformance with the Comprehensive Plan,
the Zoning Ordinance, and other relevant policies and
regulations. Findings, comments, and recommendations are
summarized below. The actual responses from referral
agencies are available by request. A summary of the January
2005 comments are included below.
Zoning
Comments:
The
proposed road will reduce the parcel size as well and must
be taken into consideration when calculating the acreage.
Planning
Comments:
Without a
survey of the entire property, it is not clear what the
exact open space reduction would be. Based on the Special
Exception Plat notes, the most recent survey may be from the
1800’s. Staff has requested that a revised Special
Exception Plat be submitted to reflect the surveyed acreage
to reduce the need for a future Special Exception amendment
if the family division plat indicates a different acreage
for the residue parcel.
VDOT Comments:
The applicant will need to
upgrade the entrance to the Private Subdivision Street
Entrance standard (24 feet wide paved 25 feet from edge of
pavement) to access all of the lots. The entrance has good
sight distance, but will require some clearing. The
applicant will also need to provide documentation before
VDOT issues any permits for this entrance to show that
additional easement has been obtained. The plat indicates a
20-foot easement which will not be wide enough to
accommodate the entrance. The applicant noted that he has
gotten the additional easement. VDOT will require that
documentation prior to issuing a permit.
When three
or more lots access the property at the proposed location,
the entrance must be constructed according to the
Department’s standards for a Private Subdivision Road /
Street Entrance. In order to obtain a building permit from
Fauquier County, the County will require a VDOT permit be
obtained. The permit can be applied for after the division
has been approved and recorded, the permit will be issued at
the location where the easement ties into Route 745. At
that time the applicant will have to install additional pipe
and cut trees and brush to improve the line of sight.
Summary
and Recommendations:
Staff
recommends that the Board of Supervisors approve
SPEX05-CR-006 subject to the series of development
conditions recommended by the Planning Commission. The four
(4) clustered lots along the back of the property reduce the
non-common open space to approximately 75%. These lots are
proposed as family divisions, which seems reasonable and
consistent with similar open space reductions.
Staff
highlights Condition number 2 for the Board of Supervisors.
It pertains to deed restricting the residue of the
subdivision and placing a non-common open space easement
agreement on the residue. In addition, it requires a survey
for an accurate Special Exception Plat, prior to Board
action on this request. Staff recommends the applicant
comply with this condition prior to the Board approval of
this item.
Although
the applicant does not intend to exercise his fifth division
right at this time, he has indicated that it is his intent
to do so in the future. This information is provided to the
Board of Supervisors as guidance for its decision. Because
with the conditions as recommended by the Planning
Commission, the residue will be recorded as non-common open
space and deed restricted from future development. The only
way to maintain that division right would be via a change to
the Special Exception conditions. Staff has included an
alternative resolution at the request of Chairman Graham to
permit a future Special Exception to reduce the open space
requirement for the residue parcel, and to not require a
survey at this time.
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