HEARING AGENDA REQUEST
Planning Commission Meeting Date:
Robert C. Counts Community Development
Service District: New
A Resolution to Approve
SE03-S-25: A Category 29 Special Exception - Waiver of the
The applicant first created the Sweetwater Subdivision by an Administrative Division that produced two building lots (now referred to as Lots 5 and 6), and a residue. The residue was subsequently subdivided to create four additional building lots (Lots 1-4), thus completing the Subdivision. The division of the residue parcel carried with it the requirement to construct a public street and cul-de-sac to serve Lots 2, 3, and 4. Attachment 1 presents the currently configured Sweetwater Subdivision and the required public street.
Although agreed to by the applicants during the subdivision process, the actual construction of the required public street will impose a significant aesthetic impact on the neighborhood and will not benefit any of the adjacent property owners. In order to minimize changes to the character of the community, the applicant has taken the following steps to eliminate the need for the required public street:
As a result of these lot
The effect of these
changes is to leave only
The applicants further contend that the proposed
private street alternative will adequately serve as access to Lot 3 and as
the entranceway to the existing 50-foot easement and private road that
already serves Lots 5 and 6 (Attachment
Land Area, Location and Zoning:
The property affected by this Special Exception consists of three
residential lots totaling slightly more than four acres. The properties
are located at the end of
Neighboring Zoning/Land Use:
The site is
surrounded by residential properties also in the R-1 zoning district.
Action Requested of the Board of Supervisors:
public hearing and consider the attached resolution.
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.
of the Zoning Ordinance
Article 5, PART 29 of the Fauquier County Zoning Ordinance provides standards for waiving the requirement to provide public streets to serve lots within a subdivision. One of these standards requires the finding that 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 that adequate provisions will be made to provide for continuing maintenance and repair of the streets by a homeowners association.
Additional Zoning-Related Comments
The Zoning Office has reviewed this application and provided the following comments:
1. In accordance with Section 7-306, the plat of any subdivision containing a private street(s) shall have boldly printed thereon and be included as a covenant in each deed for a lot in the subdivision the following statement:
2. In accordance with Section 7-305 of the Fauquier County Zoning Ordinance, the applicant must identify on the plan and record an Ingress and Egress Easement for public emergency and maintenance vehicles. Such easements shall be recorded with the instruments, which create the private streets.
There are no known violations on the property.
The Engineering Division has reviewed this application and has provided
the following single comment:
· The Revised Lots 3 and 5 should be restricted from further subdivision unless a public street is built to provide frontage as required by Section 2-405 of the Zoning Ordinance.
Summary and Planning Commission Recommendation:
At the time of the property’s second subdivision (i.e., following the
Administrative Division process) three of the four proposed lots lacked
the required frontage on a public street. To meet this requirement, the
developer (and current applicant) was required to build a public street
and cul-de-sac to provide access to Lots 2, 3, and 4. With the action
proposed by the applicants,
Staff has visited this site on several occasions and has observed that
construction of a public street would not significantly benefit any of the
affected property owners or the surrounding community. In fact, the
clearing required to construct the required street would have a
significant negative visual impact on the area. The Scott District
Planning Commissioner has also visited the site and concurs with staff
The Planning Commission conducted a public hearing on this application on
A resolution of approval is included for the Board’s consideration.