PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

Patrick & Deborah Mason

March 15, 2004

Staff Lead:

Department:

Charles A. Floyd, Senior Planner

Community Development

Magisterial District:

PIN:

Lee

7815-73-3973-000

Topic:

A Resolution to Approve SPEX04-LE-007 and SPEX04-LE-008: A Category 26 Special Exception for a Reduction in Non-Common Open Space and a Category 29 Special Exception Which Would Allow for a Waiver of the Public Street Requirement in a Residential Zone

Topic Description:

The Applicant is proposing a residential subdivision of the remaining two (2) by-right lots, which requires two (2) Special Exception approvals as currently configured.  The first Special Exception request is for a reduction in the non-common open space requirement as specified in Article 2-406.3 of the Zoning Ordinance.  The second Special Exception application would waive the public street requirement in a Residential zone.  As shown on the table below, the Applicant is requesting an approximate 0.69 percent reduction in the 85 percent non-common open space required with the subdivision of a property in the Rural Agriculture (RA) zoning district.  The 85 percent rule applies to properties thirty (30) acres or greater in size in the RA and RC Zoning Districts.  See Attachment 1 for the Applicant’s Statement of Justification.  In this case, the non-common open space is 174.80 acres.  See Attachment 2 for the Subdivision Potential Letter for the subject property.  Attachment 3 is the Special Exception Plat.

The purpose of the non-common open space reduction is to allow for the subdivision of one (1) additional building lot.  The public street waiver would allow the Applicant to locate the new lot in the preferred location, overlooking a newly created ±9.0 acre lake.

Mason Open Space Reduction

Land Area, Location and Zoning:

As shown on the following location map, the subject property consists of ±175.98 acres zoned Rural Agriculture (RA), which is the residue of the 205 acre parcel where the Applicant created the Black Powder Ridge Subdivision.  The property is located on the west side of Marsh Road (State Route 17), north of its intersection with Robert J. Drive (Private Street).

Location Map

Planning Commission Action:

On January 29, 2004, the Planning Commission held a public hearing and recommended approval of SPEX04-LE-007 and SPEX04-LE-008, 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.

2. 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.

3. A deed of non-common open space shall be recorded on the ±173.60 acre residue parcel with Final Subdivision approval of the new lot.

4. Once the new Lot has been subdivided and recorded, no further subdivision shall be permitted on PIN# 7815-73-3973-000 or any lots created from PIN# 7815-73-3973-000.

5. Prior to Final Plat approval a fifty (50) foot wide tree/landscape buffer shall be located along the boundaries of PIN’s 7815-72-9404-000 and 7815-82-2359-000.  This buffer shall be placed within an easement.

6. The final engineering for the floodplain crossing shall be determined during the Final Construction Plan process.

7. All entrances shall be designed in accordance with the Virginia Department of Transportation standards.

8. The applicant shall demonstrate, prior to Preliminary Plat approval, that the proposed use will not cause an increase in the level of flooding or velocity of floodwaters.

9. The applicant must demonstrate, prior to Preliminary Plat approval, that the proposed use will not create a potential hazard of debris subject to movement by floodwaters, which might cause damage downstream.

10. All existing structures on the property shall be shown on the Preliminary Plat.

11. The fifty (50) foot ingress/egress easement shall be located in such a manner that it does not create non-conforming buildings on the Preliminary Plat.

12.  The plat needs to indicate the right-of-way width of Route 17 and indicate the distance from the centerline or edge of pavement to the property line.  The distance to the nearest intersection should be shown.

13.  Prior to Final Plat approval the applicant shall design and construct or bond for construction a standard two-way commercial entrance with a paved surface.

14.  Prior to Final Plat approval, the applicant shall design and construct or bond for construction a deceleration lane along State Route 17.  The lanes shall have a length of 200 feet and a taper of 150 feet.

15.  The private street shall be at least 16 feet wide with a minimum of 4 feet shoulders.

16. 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. 

17. 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.

Requested Action of the Board of Supervisors:

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

Summary Staff Report:

Requirements of the Zoning Ordinance

Section 2-406 of the Zoning Ordinance provides that in the RA and RC Zoning Districts 85 percent of the gross site area shall be retained in non-common open space, unless a Special Exception satisfying the standards of Section 5-2600 is approved.

Section 5-2600 further provides that, for lots of 30 acres or greater in the RA and RC zoning district, the Board of Supervisors may approve a reduction in the 85 percent open space requirement if it finds that a lesser amount would accomplish the purposes of the Ordinance. In summary, the Ordinance stipulates that the resulting development will not result in the unnecessary loss or degradation of natural resources, including prime agricultural and forestal lands; environmentally sensitive areas such as floodplains, steep slopes, rock outcrops and seasonally wet areas; predominant or unusual geologic features such as mountain peaks, caverns, gorges; areas critical to the existence of important types of flora and/or fauna.

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:

Ø      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.

Ø      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.
 

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. 

Engineering Considerations

The County Engineer’s Office has reviewed the Special Exception Plat and has the following comments:

• A Special Exception is required for fill associated with Public and Type 1 streets crossing the floodplains.

• When crossing a floodplain, impacts should be minimized as much as possible. The proposed crossing should be at the narrow part of the floodplain. The proposed crossing appears to be at the confluence of two (2) streams and is impacting as much as 500 feet of floodplain. It appears that the road should be relocated to a less impactive location.

• Are there wetlands? The soils map indicates that there may be wetlands present. State and Federal permits may be required.

• Road grades are not to exceed 10%.

• Provide a typical section for the road. County standards require a 20 foot paved road.

• All culverts are required to pass the 10-year storm. It appears that the drainage area to the proposed culverts is in excess of 1000 acres. The proposed 24-inch culverts will not be adequate.

·        The proposed lot does not appear to have the required street frontage.

Transportation Considerations

The Virginia Department of Transportation has reviewed the revised Special Exception Plat and has provided the following comments:

·        The plat needs to indicate the right-of-way width of Route 17 and indicate the distance from the centerline or edge of pavement to the property line.  The distance to the nearest intersection should be shown.

·        Prior to Final Plat approval the applicant shall design and construct a standard two-way commercial entrance with a paved surface.

·        A deceleration lane along State Route 17 shall be designed and constructed.  The lanes shall have a length of 200 feet and a taper of 150 feet.

Zoning Office Considerations

At the time of preparation of this document, there were no comments from the Fauquier County Zoning Office.

Summary:

The open-space reduction is, in staff’s opinion, very minimal.  The difference between ±173-acres of open space and ±174-acres is of very little consequence.  However, there is neither a compelling reason to approve or deny this request, except for the fact it will allow the applicant one (1) additional building lot. 

There is ±2400-feet of usable public road frontage along Route 17 for the property.  However, the applicant does not want to locate the new building lot in this location.  As proposed, the private street will also cross approximately 500 feet of floodplain at the confluence of two streams.  This, in staff’s opinion, is not an ideal situation.  The applicant has the opportunity to locate a lot in such a manner that the Category 29 Special Exception would not be necessary.