AGENDA REQUEST

 

Applicants:

Board of Supervisors Meeting Date: 

Brookside Communities, LLC Brookside

Development, LLC, and R.G. Holdings, LP

Owners/Applicants

May 20, 2002

Staff Lead:

Department: 

Elizabeth A. Cook

Community Development

Topic:  PRELIMINARY SUBDIVISION APPLICATION (#PP01-S-08)
BROOKSIDE AND BROOKSIDE FARM

SCOTT MAGISTERIAL DISTRICT

 

The owners/applicants are seeking preliminary subdivision plat approval to subdivide 601 single-family lots in the 440-acre Planned Residential Development of Brookside Farm (formerly known as Waterfield).  Brookside Farm includes approximately 265 acres of open space.  In addition, the applicant is proposing to subdivide approximately 459 acres of R-1 zoned property (Brookside) into 330 single-family lots with ±146 acres of open space.  With the Brookside portion of the development, the applicant is proposing a mixed subdivision of conventional and R-1 cluster lots.  The R-1 cluster will allow the applicant to create lots as small as 25,000 square feet rather than the minimum 40,000 square feet required in a conventional R-1 development.  In exchange for the smaller lot size, reduced setbacks and frontage requirements, a cluster development requires 50% open space compared to the conventional requirement of 25%. 

In May 2001, the applicants proposed a preliminary plat for over 900 acres.  The subdivision included the 440-acre Brookside Farm (Waterfield) development and Brookside (commonly referred to as the Gerber property).  This original submission was filed in conjunction and is moving concurrently with a series of other applications:

1.       A Comprehensive Plan Amendment;

2.       Amendments to the Waterfield proffer statement and modifications and concept development plan (CDP);

3.       A special exception for the Brookside development open space reduction;

4.       A special exception for floodplain crossings in both developments; and a

5.       Special Exception for Utility locations in both developments.  

The pending special exception for an open space reduction, submitted as part of the overall package of applications, does include, as a component of the applicants' justification, the mix of lot sizes, and percentages of open space required.  

The Planning Commission denied the preliminary plat based on numerous deficiencies in the original package of development applications.  The reasons for denial are summarized in the subsequent Planning Commission Action section. The applicant has worked to refine the outstanding issues since the Planning Commission’s action in December of 2001. 

Staff recommends that, if the Board approves the companion applications, the preliminary plat for the Brookside development be approved, subject to the conditions enumerated in the proposed resolution provided as Attachment 1.  In staff’s opinion, the application meets the minimum subdivision requirements with these proposed conditions. 

Please note that the Board of Supervisors removed this preliminary subdivision application from the consent agenda, and postponed action, with the applicants’ consent, until action on the remaining applications occurred.  Also note Section 9-7 of the Subdivision Ordinance requires that “…all preliminary plats acted on 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 referrals, the preliminary plat shall be deemed approved or denied in accordance with the action of the Planning Commission.” 

 

Requested Action of the Board of Supervisors:

 

No action on the preliminary subdivision application can occur until Board of Supervisors action has been taken on the Comprehensive Plan Amendment, Proffer Amendment, and Special Exception applications.  An affirmative vote on the subdivision application is contingent on approval of these applications.  For example, if the zoning modifications, which include alterations regarding lot sizes, dimensions, and pipestems, are denied, then the preliminary subdivision portion Brookside Farm cannot occur as proposed.  

If the Board of Supervisors acts in the affirmative for all of the referenced companion applications, staff recommends that the resolution be approved.  However, if the Board does not act or denies any of the companion applications, staff recommends that action on the preliminary plat be deferred until the Board of Supervisors’ next meeting.  This action will allow a more thorough review and development of conditions for approval or reasons for denial that will need to be met or resolved , as applicable, when review of the final construction plans and final plat commences for the Brookside development.  Here it needs to be noted that the Subdivision Ordinance permits an applicant to proceed to the construction plan and final plat stage, even if the preliminary plan has been denied for specified reasons. 

Planning Commission Action:

 On December 20, 2001, the Planning Commission voted to deny the Brookside Preliminary Plat, subject to the following motion: 

Deny PP01-S-08 for the following reasons and based upon the deficiencies noted herein:

-          The provision of sewer beyond the former Waterfield site is not in conformance with the Comprehensive Plan.

-          The required open space is not provided on the R-1 portions of the property.  Lot size and bulk regulations must be adjusted to conventional R-1 standards for the Gerber and associated tracts.

-          Floodplain crossings have not been approved through the special exception process.

-          The location of utility sites has not been approved through the special exception process.

In addition, the following deficiencies were noted in the Brookside Preliminary Plat: 

1.       The R-1 conventional lots do not satisfy bulk regulation requirements.

2.       The use of pipe-stem lots is not permitted in the R-1 conventional or PRD-zoned areas.

3.       Use of individual drainfields in the R-1 portions of the property will drastically reduce the lot yield and necessitate a reconfigured lot layout. 

4.       Open space areas are not sufficiently connected or public access easements are not provided to allow accessibility.

5.       Utility crossings at roadways are not provided at right angles.

6.       Utilities are not to be located in VDOT right-of-way.

7.       Duplicate street names with existing street names are not permitted.

8.       Secondary access is not provided for the school site.

9.       It is unknown whether the proposed library site and lot configurations are acceptable to the Library Board.

10.   Easement lines should follow lot lines and not be offset as currently depicted.

11.   Certain lots have more than 25% floodplain coverage.

12.   Irregularly shaped lots need to be reconfigured. 

The Planning Commission's previously stated deficiencies applicable to Brookside Farms as set forth by motion on November 7, 2001 carry forward and must also be addressed prior to final plat approval, in addition to the deficiencies noted above. 

Please note that, if the preliminary plat is denied, State Code and County Subdivision Ordinance regulations empower the applicant to return with final construction plans and the final record plat for the development as long as the outstanding issues have been resolved.  

Planning Commission staff reports from the various meeting are available for review upon request. 

 Attachment 1:  Resolution for approval