COUNTY OF FAUQUIER

DEPARTMENT OF COMMUNITY DEVELOPMENT

PLANNING COMMISSION STAFF REPORT

MAY 30, 2002 

SPECIAL EXCEPTION #SE02-L-25

PRELIMINARY PLAT #PP02-L-14

dODSON dIVISION

OWNER:

Berta F. Lunau (Biritos)

P.O. Box 99

Remington, VA  22734

 

APPLICANT:

Kenneth and Catherine Dodson

11282 Dodson Lane

Bealeton, VA  22712

 

PROPOSAL:

The applicant is seeking approval of a preliminary subdivision plat to divide ± 64.8 acres zoned RA (Rural Agricultural) into one (1) residential lot of ± 4.3 acres and a residue parcel of approximately 60.4 acres.

 

In addition, a companion application (#SE02-L-25) has been filed to obtain Special Exception approval under Section 5-2900 of the Zoning Ordinance to allow a waiver of the public street requirement to serve the proposed residential site. 

 

The subject property is located on the east side of Lees Mill Road (Route 651), between its intersection with Freemans Ford Road (Route 651) and Willowspring Lane

 

LOCATION:

 

MAGISTERIAL DISTRICT:

 

Lee

PROPERTY I.D.

NUMBER AND SIZE:

 

 

6869-48-2575 (±64.8acres)

CURRENT ZONING:

RA (Rural Agricultural)

 

EXISTING ZONING AND LAND USES OF ADJACENT PROPERTIES

N

RA (Rural Agricultural)

Agricultural/Residential

S

RA (Rural Agricultural)

Agricultural

E

RA (Rural Agricultural)

Agricultural

W

RA (Rural Agricultural)

Agricultural

       

 STAFF PLANNER:    Deirdre Clark

Background

The applicant is seeking approval of a preliminary subdivision plat to divide ±64.8 acres zoned RA (Rural Agricultural) into one (1) residential lot of ±4.3 acres and a residue parcel of approximately 60.4 acres.   Eighty-five percent of the parcel, or ±55 acres, must remain in non-common open space. 

At the time of application, the subject property had the potential to be divided into a maximum of three (3) lots, two (2) new lots, plus the residue. A Deed of Non-Common Open Space shall be recorded at the first plat of subdivision as required by Article 2-406.3.C of the Fauquier County Zoning Ordinance.

In addition, a companion application (#SE02-L-25) has been filed seeking special exception approval under Section 5-2900 of the Zoning Ordinance to allow a waiver of the public street requirements to serve the proposed residential site. 

Through an initial application seeking an administrative subdivision, it was determined that no administrative divisions are available to this parcel.  Subsequently, the applicant applied for the division through the preliminary subdivision plat process with access proposed via a private street.  Currently, a private road on the property provides access to two (2) existing homes.  The proposed residential lot is adjacent to these homes and, as proposed, would be served by the same private road, thereby eliminating the need for additional access from Lees Mill Road (Route 651) and clustering the development.

Staff and Agency Review

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance and other relevant policies and regulations.  An analysis of these referrals and the actual comments from the appropriate agencies are included as attachments to this report.

Findings

The subdivision plan does not include public road frontage for the proposed lot as is required.  Through the companion application for a special exception, the applicant has requested the waiver of Article 2, Section 405 of the Fauquier County Zoning Ordinance requiring that each lot created through the subdivision process have frontage on a public road.  The applicant requests that access to the proposed lot be provided by a private road that currently serves two (2) existing homes.

Recommendation

It is staff’s evaluation that should the Planning Commission decide to recommend approval of the special exception request, that such recommendation be subject to the conditions found in Attachment # 1.  Should the Planning Commission wish to approve the preliminary subdivision plat, staff recommends that it be approved subject to the conditions included in Attachment # 2.

Attachments

1.       Proposed Development Conditions – Special Exception

2.       Proposed Development Conditions – Preliminary Plat

3.       Applicant’s Statement of Justification

4.       Staff Analysis

5.       Zoning Review

6.   Virginia Department of Transportation Review

7.   Health Department Review   

8.   Map 1, Map 2, Map 3, Map 4

STAFF ANALYSIS

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 findings, comments and recommendations, as well as referral agency comments follow:

  1. Comprehensive Plan

    The subject property is designated for rural agricultural uses in the Comprehensive Plan. The division of approximately 64.8 acres into one (1) single family residential lot of ± 4.3 acres and a residue parcel of approximately 60.4 acres will create a division similar in size and configuration to surrounding properties. Eighty-five percent of the ± 64.8-acre parcel, or approximately 55 acres, must remain in non-common open space. 
  2. Zoning Ordinance  

The subject property is zoned RA (Rural Agricultural) with an 85% non-common open space requirement for properties thirty (30) acres or greater.  The proposed subdivision conforms to density limits and uses permitted for the subject property.  The property is located in a district characterized by agriculture and forestry and large lot residential development.

A Deed of Non-Common Open Space shall be recorded at the first plat of subdivision as required by Article 2-406.3.C of the Fauquier County Zoning Ordinance.  Required in subdivisions other than administrative and family transfer divisions which do not exhaust all density under the sliding scale, the Deed of Non-Common Open Space shall either physically designate 85% open space or reserve the additional development rights by providing agreement language for the deed and plat that upon completion of the subdivision, at least 85% of the parcel will remain in undivided non-common open space.

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

1.       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.

This proposed private street would serve only the three (3) lots internal to this subdivision.  This is also addressed in the proposed conditions.

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

The proposed private street has direct access to Lees Mill Road (State Route 651).

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

The plat indicates a right-of-way width of 50 feet.  The width is also addressed in the proposed conditions.

4.       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 new lots.

Each of the existing two (2) lots fronts on the private street.  The proposed lot will do the same. The residue parcel includes property on both sides of the private street.

3.      Transportation

The applicant proposes to access the property by way of an existing private street that currently serves two residential lots.  The Virginia Department of Transportation has no comments regarding one additional lot utilizing the existing easement or to it remaining as a private street.  The applicant is reminded that a current entrance permit is required.  Since the private street will serve three addressable structures, it shall be given an official street name with the final record plat.

4.      Soil Scientist

The County Soil Scientist has stated that he has granted a request to the applicant to waive the required Preliminary Soil Report.

It is staff’s evaluation that, with the proposed development conditions and findings as cited in this report, this application satisfies the General Standards set forth in Section 5-006.  As conditioned, approval of the private street would not allow any additional residential development on this parcel beyond what is proposed with this application.  The proposal of any new lots to be served by this private road would require an amendment to the special exception. The private street is in character with existing patterns of development in the area.