PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

Bluerock Creek, LLC

April 13, 2006

Staff Lead:

Melissa Dargis, Assistant Chief of Planning

Department:

Community Development

Magisterial District:

Center

PIN:

6985-13-3513-000

Topic:

A Resolution to Approve SPEX06-CT-010, Stonehill Estates: A Category 23 Special Exception for a Floodplain Crossing, Center District

Topic Description: 

The applicant wishes to obtain a Category 23 Special Exception in order to allow for a floodplain crossing using an existing road and bridge.  This requires modifications to the road that will impact the 100-year floodplain.

The applicant is proposing to change the existing driveway to become a public street, and create additional lots that would access through the proposed road.  The existing drive now serves four (4) lots and it would be modified to serve an additional three (3) new lots.

Project Information:

The proposed Stonehill Estates subdivision is for four (4) single family lots on a 22.61-acre site split-zoned Rural Agricultural (RA) and Residential-1 (R-1).  A Preliminary Plat has been submitted for review.  An access easement currently serves four lots: the subject property and three additional existing lots to the south.    These three (3) lots are also owned by the applicant, but are not a part of this proposal.  The floodplain crossing occurs only in the RA portion of the property.  There is no alternative route for ingress/egress to the site.

The proposed access, to be known as Moffett Drive, would cross an existing bridge.  This bridge would not be altered in any way according to the applicant.  It is 22 feet wide, with the proposed pavement on the extended Moffett Drive to be 20 feet wide.  The bridge was build by VDOT at the time the Route 17 Spur was constructed.  It complies with 10-year storm standards.

Construction of the proposed road requires grading to bring it within the County’s 10 percent slope limit.  This grading will occur within the 100-year floodplain limits, but will be done so as to minimize impacts.  A floodplain Letter of Map Revision (LOMR) is currently under review by the Fauquier County Engineering Office for the property.  The proposed revision reflects a dramatic decrease of the floodplain delineation line that might permit the additional lots to be developed on the property.

The maximum vehicle trips per day, for the seven total lots to be served by this portion of Moffett Drive, has been determined to be 70 vehicles per day.  In the Statement of Justification, the applicant asserts that the access road and bridge are already in place and that the grading required to reduce the slope will have minimal impact on the floodplain and it will have no detrimental effect.

The applicant states that the lots will be served by wells and drainfields.  There is a 10-foot utility easement proposed for electric, cable and telephone services.

Action Requested of the Board of Supervisors:

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

Land Area, Location and Zoning:    

The property is located at the northeast side of Routes 17/29 at 7259 James Madison Highway, north of the Town of Warrenton.  A map of the parcel is included at Attachment 1.  The parcel is cross-hatched.

Neighboring Zoning/Land Use:

The parcel is bound by RA to the north; R-1 to the East; R-1 to the south; and RA to the west.

Planning Commission Recommendation:

On March 30, 2006, the Planning Commission unanimously forwarded this item to the Board of Supervisors with a recommendation of approval.

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. Staff and referral agency findings, comments, and recommendations are summarized below. The actual responses from referral agencies are available upon request.

Engineering

The Engineering Office has reviewed the above referenced plan and has the following comments:

1.        The fill associated with this crossing is to be for road construction only. The applicant is to submit a copy of the floodplain study to the County for review and approval. The SCS methodology is to be used in the calculations. The applicant is responsible for submitting a LOMR to FEMA for review and approval. FEMA must approve the LOMR prior to Final Construction approval.

2.        Evidence that applicable permits (DEQ, DCR VMRC, USACOE) have been acquired will be required prior to Final Construction Plan.

3.        Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facilities or system which would increase flood heights and/or velocities, on adjacent property.

VDOT

The Warrenton Residency staff reviewed the above referenced Special Exception for a floodplain crossing.  The existing structure was installed by VDOT under a construction project, but is currently beyond the end of state maintenance. VDOT has advised the developer that the width of the structure is satisfactory to accommodate the additional traffic generated by the proposed division. Any additional grading needed to construct the road would need to be in conformance with the Road Design Manual and Subdivision Street Requirement Manual in order for the proposed street to be eligible for acceptance into the secondary system of state maintenance.

Zoning

The Zoning Office has the following comments:

That the granting of the Special Exception 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 Zoning Ordinance (Section 5-2301.6). That the granting is necessary to provide the applicant with reasonable use of the parcel of land in question, taken as a whole (Section 5-2301.7).

Summary and Recommendation:

Staff recommends that the Board of Supervisors consider the Planning Commission’s recommendation.

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

Fauquier County Department of Community Development

ATTACHMENTS 1-3:

1.      Parcel Map

2.      Statements of Justification

3.      Special Exception Plat