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COUNTY OF FAUQUIER DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT MAY 30, 2002 SPECIAL EXCEPTION #SE02-L-25PRELIMINARY PLAT #PP02-L-14
dODSON dIVISION
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 6.
Virginia Department of Transportation Review 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:
The subject property is
zoned RA (Rural Agricultural) with an 85% non-common open space 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. 2.
The private street must connect directly to a state maintained
street. 3.
The right-of-way must be a minimum of fifty (50) feet in width. 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. 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. |
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