PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                             Planning Commission Meeting Date:

D.C. Diamond Corporation                                                         July 21, 2003

Staff Lead:                                                                              Department:

Robert C. Counts                                                             Community Development

Magisterial District: Lee                                                                    PIN(s):

Service District: Bealeton                                                       6889-31-7311-000

Topic: A Resolution to Approve SE 02-L-27: A Category 23 Special Exception to Allow the Crossing of a Floodplain to Construct a Required Roadway, D.C. Diamond Corporation, Owner and Applicant     

Topic Description:

The Applicant is requesting Special Exception approval pursuant to Category 23 - Floodplain Uses. The purpose of this request is to allow the construction of a single road crossing in the floodplain of Craig Run.  This proposed roadway is an extension of Southcoate Village Drive from the Southcoate Village Subdivision. 

Land Area, Location and Zoning:                                                    

The subject property consists of 85.84 acres currently zoned Rural Agriculture (RA). It is located in the Bealeton Service District within the northeast quadrant of the intersection of Routes 29 and 28.

Neighboring Zoning/Land Use:  

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing on SE 02-L-27 and consider the recommended resolution of approval.

Staff Analysis

At its meeting on May 30, 2002 , this application was originally presented to the Planning Commission, at which time action was deferred. It was also considered, and deferred, at subsequent Planning Commission meetings in July and October 2002, and February 2003. On May 29, 2003 , the Planning Commission considered a revised request and at that time voted to forward a recommendation of approval to the Board of Supervisors, subject to certain conditions.

The Applicant is seeking Special Exception approval pursuant to Category 23 - Floodplain Uses to construct a road crossing through the floodplain of Craig Run, which splits the property.  As proposed by the Applicant, Southcoate Village Drive would be extended from its planned terminus in the adjoining Southcoate Village subdivision through the subject property to Route 28, effectively providing a loop road through property owned by the Applicant. This general road alignment was originally shown in conjunction with the Southcoate Village Rezoning.

In 1995, the rezoning for Southcoate Village was approved. That approval included a proffer agreement that contains two provisions that link the Southcoate development to the property that is the subject of the requested Special Exception. These provisions relate to the timing of the provision of a second access point to the subdivision:

1. The Applicant is to either construct or bond for construction of a second access to the subdivision no later than the recordation of the first final plat for Phase III; and
2. No development would occur beyond the combined 86 units of Phases I and II without an approved second access constructed or bonded for construction.

In October of 2002, the Applicant requested an amendment to the proffered conditions to change the timing of the proffered second access point for the Southcoate Village subdivision from the completion of Phase II to the completion of Phase III. This would have allowed the construction of Southcoate Village ’s third phase while the Applicant identified the most workable means of providing the required second access.

At the time the proffer amendment was considered, it was noted that the request did not significantly change the approved use of the site, but that it did impose potential financial risks to the County, and could result in the degradation of traffic safety. It was further noted that, under the existing proffers, the Applicant has the option to just post a bond rather than build. This normally requires an approvable road design, but the Applicant has requested that the County consider accepting a bond that would include both design and construction of the required road. Staff has been working with the Applicant and the County Attorney for several months to develop an acceptable bonding structure. A proposal for bonding design, construction, and inflationary risks has now been identified. The first step toward implementing this bonding plan is for the Applicant to obtain a Special Exception to cross the floodplain.

Summary and Recommendation:

The Applicant is making a consistent effort to honor the proffered commitment to bring a second access to the Southcoate Village subdivision.  Planning staff believes that the bonding plan developed with the County Attorney will facilitate the construction of this road and provide adequate safeguards should the Applicant be unable to perform.  Staff recommends that these safeguards be included as conditions placed on an approved Special Exception. Accordingly, the Planning Commission has recommended approval of SE02-L-27 subject to the following conditions contained in the proposed resolution.

Attachments:

1.      Special Exception Plat

2.      Approval Resolution