PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

 

John T. & Ruth W. Hopkins

 

March 15, 2004

Staff Lead:

Department:

 

Chuck A. Floyd, Senior Planner

Community Development

 

Magisterial District:  Scott

 

PIN:

Service District:  New Baltimore

7906-61-6519-000

 

Topic:

 

A Resolution to Approve a Category 29 Special Exception SPEX04-SC-013 to Waive the Public Street Requirement in a Residential Zone and to Approve the Companion Preliminary Plat PPLT04-SC-005

 

Topic Description:

 

The applicants are seeking Preliminary Plat approval to divide approximately 16.9 acres into two (2) single-family residential lots.  These lots will be 1.51 and 15.55 acres in size. The property is zoned Residential 1 (R-1).

 

The applicants are also seeking Special Exception approval to allow a waiver of the public street requirement in a residential zone.  Only three (3) lots will access the existing private street (Bainbridge Lane).  The purpose of the subdivision is to create two (2) separate lots, each containing one of the two existing residential structures.  One structure is a three-car garage with an upstairs apartment and the other is a house.  Bainbridge Lane is an existing private street that already provides ingress/egress to these two structures. The applicant is requesting the waiver, because no new construction or disturbance will be associated with the subdivision.  The applicant’s Statement of Justification is provided in Attachment 1.  Attachment 2 is a copy of the Preliminary Plat.

 

Requested Action of the Board of Supervisors:


Hold a public hearing and consider adoption of the attached resolution.

 

Planning Commission Action: Hopkins Preliminary Plat – PPLT04-SC-005

The Board of Supervisors needs to confirm Planning Commission approval of the referenced plat, after action on the special exception.  The resolution of approval follows that procedure for the Board of Supervisors.

 

Section 9-7 of the Subdivision Ordinance requires that "…all preliminary plats approved by the Planning Commission shall be referred to the Board of Supervisors at its next regularly scheduled meeting…If the Board takes no action on the preliminary plat referral, the preliminary plat shall be deemed approved in accordance with the actions of the Planning Commission."  On the Preliminary Plat no action is necessary, unless a majority of the Board wishes to consider this preliminary subdivision application.  On February 19, 2004 the Planning Commission voted to approve the Hopkins Preliminary Plat subject to the conditions noted below.

 

1.      The Final Plat shall be in general conformance with the Preliminary Plat entitled "Hopkins Subdivision " dated November 18, 2003, signed by David R. Hall on November 29, 2003 and received in the Planning Office on November 24, 2003, except as modified by these conditions.  This approval is for a maximum of two (2) residential lots. 

 

2.      When submitting a final construction plan, a complete landscape plan shall be provided with full detail of planting type, size and location pursuant to Article 7-603.2 of the Zoning Ordinance.

 

3.      All culverts shall be required to pass the 10-year storm with 18” of freeboard and the minimum size is to be 15” diameter.

 

4.      If this road is to also provide access to the 2 lots (PIN 7906-62-5077 & 7906-61-7948) it shall be stated as such at this point. If 4 lots are going to access this road it shall be 2 lanes wide. If only the proposed 2 lots are going to use this, a note shall be added to restrict access to only these 2 lots.

 

5.      Homeowner’s association documents demonstrating that adequate provisions have been made to provide for the continuous maintenance and repair of the private street shall be required prior to Final Plat approval.

 

6.      The required front yard setback of 60’ from centerline extends along the proposed cul-de-sac on both properties and is not shown correctly on the plat.  All building setback lines shall be labeled correctly prior to Final Plat approval.

 

7.      All wells shall be described by class.

 

8.      All drainfields shall have type labeled and reserve capacities noted.

 

Planning Commission Action: SPEX04-SC-013

On February 19, 2004, the Planning Commission held a public hearing and recommended approval of SPEX04-SC-013, subject to the following conditions:

 

1.      This Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

 

  1. This Special Exception is granted only for the purpose(s), structure(s), and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.

 

  1. The entrance shall be designed in accordance with the Virginia Department of Transportation standards.

 

  1. Only three (3) properties, the two (2) created by the Preliminary Plat and PIN 7906-62-5077-000, shall use Bainbridge Lane for ingress/egress.

 

  1. Homeowner’s association documents demonstrating that adequate provisions have been made to provide for the continuous maintenance and repair of the private street shall be required prior to Final Plat approval.

 

  1. All work and requirements associated with this Special Exception shall be completed within two (2) years of Final Plat approval, or the Special Exception becomes null and void.

 

  1. No other subdivision of PIN 7906-61-6519-000 is allowed.  Only the two (2) lots created by the companion Preliminary Plat are permitted.  If the subject parcel is subdivided beyond the two (2) allowable lots, Bainbridge Lane (Private Street) shall have to become a Virginia Department of Transportation (VDOT) public street.  The Applicant shall be responsible for all improvements deemed necessary by VDOT.

 

Location:

The property is on the south side of State Route 600 (Broad Run Church Road) south of its intersection with State Route 15/29 near the Village of New Baltimore.  The subject property is approximately 16.9 acres entirely zoned Residential-1 (R-1).

 

Location Map

 

 

 

Summary Staff Report:

 

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below.

 

Requirements of the Zoning Ordinance

 

Section 7-301 of the Zoning Ordinance provides that Private Streets are prohibited for all subdivisions in RA, RC and Residential zones unless a Special Exception is obtained in accordance with the requirements of Section 5-2800 or 5-2900.

 

Section 5-2900 further provides that, in residential, RA and RC zones, 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:

 

1.      The requirements of the Virginia Department of Transportation (VDOT) 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.

 

2.      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 of the request.

 

Limitations for private streets, as set forth in Section 7-302 are as follows:

 

Ø      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.

 

Ø      The private street must connect directly to a state maintained street.

 

Ø      The right-of-way must be a minimum of fifty (50) feet in width.

 

Ø      Streets traversing lots – 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.

 

Zoning Considerations

 

The 16.90 acres are zoned Residential-1 (R-1). The applicant seeks to develop two (2) residential lots, with the proposed Preliminary Plat.  The proposal conforms to density limits and uses permitted for the subject property.

 

The Office of Zoning has reviewed the Preliminary and Special Exception Plat and has the following comments:

 

  • A large portion of the subject property is located within the floodplain.  Pursuant to Section 2-308.4, only 50% density credit is calculated on the area of a lot comprised of floodplain, or existing bodies of water.   Nonetheless, the 2 proposed lots are clearly supported by the remaining land area.  Specific calculations should be provided on final construction plans for the record.

 

  • The required front yard setback of 60’ from the centerline extends along the proposed cul-de-sac on both properties and is not shown correctly on the plat.   Buildings conform to requirement, but setback lines should be shown on final construction drawings.

 

  • A landscaping plan is required with the final construction drawings.

 

Planning Considerations

 

The Fauquier County Planning Office has reviewed the Preliminary and Special Exception Plat and has the following comments:

 

  • Homeowner’s association documents demonstrating that adequate provisions have been made to provide for the continuous maintenance and repair of the private street shall be required prior to Final Plat approval.

 

  • The traffic generated by the proposed division, or 20 vehicle trips per day, will not have a negative impact on the surrounding area.

 

  • Bainbridge Lane should adequately serve the lots to be developed and should provide sufficient emergency vehicle access to the proposed subdivision.

 

  • This Special Exception request conforms to the limitations for private streets, as set forth in Section 7-302 of the Zoning Ordinance, which is outlined in the Requirements of the Zoning Ordinance section of the staff report.

 

    1. The proposed private street is not required or designed to provide access to adjacent properties.
    2. Bainbridge Lane connects directly to Broad Run Church Road (State Route 600).
    3. The right-of-way is fifty (50) feet in width.
    4. Bainbridge Lane does not traverse the lot.

 

  • The Special Exception application is to some extent consistent with standards set forth in Section 5-2900 of the Zoning Ordinance.  However, with the proposed conditions of development the request will achieve compliance.

 

Engineering Considerations:

                                 

The Engineering Department has reviewed the Preliminary and Special Exception Plat and has the following comments:

 

  • This 2-lot subdivision will be exempt from SWM/BMP requirements.

                

  • All culverts will be required to pass the 10-year storm with 18” of freeboard and the minimum size is to be 15” diameter.

 

  • Since the residue lot drainfield was installed without a permit, the Health Department may want to inspect this drainfield to determine if it is still functioning properly after 23 years.

 

  • Is there adequate reserve for Lot 1? This drainfield is 28 years old.

 

  • If this road is to also provide access to the 2 lots (PIN 7906-62-5077 & 7906-61-7948) it should be stated as such at this point. If 4 lots are going to access this road it should be 2 lanes wide. If only the proposed 2 lots are going to use this, a note should be added to restrict access to only these 2 lots.

 

Soils/Environmental

 

The Fauquier County Soil Scientist’s Office has reviewed the Preliminary and Special Exception Plat and has the following comments:

 

  • All wells shall be described by class.

 

  • All drainfields shall have type labeled and reserve capacities noted.

 

Transportation

 

At the time of preparation of this document, there were no comments from the Virginia Department of Transportation (VDOT).  However, the applicant will be required to meet all VDOT entrance requirements.

Summary and Recommendation:

The standards set forth in Section 5-2900 of the Zoning Ordinance must be met for the Special Exception (SPEX04-SC-013) to be granted.  In staff’s opinion, the applicants have demonstrated that they are in compliance with this section subject to the Special Exception conditions of development.    However, standard two (2) of Section 5-2900 states that adequate provisions will be made to provide for continuing maintenance and repair of the street(s) by a homeowners association.  Staff is not aware of any homeowner’s association documents pertaining to street maintenance.  This provision is provided for within the proposed conditions of development, and the necessary homeowners documents shall be provided prior to Final Plat approval.

 

As proposed, this Preliminary Plat is in substantial conformance with the Comprehensive Plan and the Subdivision Ordinance with the minor revisions noted in the proposed Preliminary Plat development conditions.

 

 

ATTACHMENTS:

 

1.      Applicant’s Statement of Justification

2.   Preliminary Plat