PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                              Board of Supervisors Meeting Date:

Leland Road Investments, LLC, Owner                                             October 21, 2002
Stan Settle, Pulte Homes, Applicant                                                                         

Staff Lead:                                                                                             Department:

Elizabeth A. Cook                                                                   Community Development

Topic:

A Resolution to Approve Special Exception #SE02-C-23 – White’s Mill, Leland Road Investments, LLC, Owner, and Pulte Homes, Applicant, PINS #6984-85-3809-000, #6984-96-1407-000, AND 6984-98-0388-000, Center Magisterial District

Topic Description:

Proposal:

The Applicant, Pulte Homes, is seeking special exception approval pursuant to Zoning Ordinance Category 23 (Floodplain Uses), to allow fill in the floodplain associated with the construction of pedestrian bridges and a trail system, stormwater management facilities, utilities, and development of up to six (6) lots. 

This special exception request is a companion application to a proposed preliminary subdivision of a single-family detached residential development of 158 lots located east of the Town of Warrenton on approximately 148 acres.  The property is positioned on the north side of Academy Hill Road (Route 678), east of the Warrenton By-Pass (U.S. Routes 15/17/29), south of Routes 15/29, along both sides of Movern Lane and west of Comfort Inn Drive, in the Warrenton Service District. 

Three parcels zoned Residential (R-4 and R-1) comprise the property, which is divided near its eastern boundary by Cedar Run.  Two entrances from Academy Hill Road (Route 678) are proposed to serve the subdivision, one at the existing Movern Lane, opposite Millfield Drive.  An additional section of Movern Lane would be constructed to loop through the property to align with Bald Eagle Drive at the entrance to The Woods at Warrenton Subdivision, which is currently under development.  In addition, the applicant has filed an administrative subdivision request for three (3) lots to be located on the east side of Cedar Run with access via the private street that connects to Comfort Inn Drive.

As noted above, the applicant may place fill in the floodplain associated with the development of six (6) lots.  These lots are located on the west side of Cedar Run and may require fill associated with the grading of the proposed lots.  The proposed development conditions provide for overlot grading plans to be approved by the County Engineer prior to the issuance of the building permit for these six (6) lots.

Initially, the applicant was seeking approval of a floodplain crossing for a proposed extension of Movern Lane.  This extension would have allowed the development of ten lots.  The Planning Commission recommended allowing floodplain crossings for pedestrian trails and associated bridges, but no roadway crossing to serve the referenced ten lots.  As a result of that recommendation, the applicant has made revisions to the preliminary plat to recapture these lots without the floodplain crossing.  The Planning Commission staff reports are available from the Department of Community Development, upon request.

Requested Action of the Board of Supervisors:

Hold a public hearing and consider adopting the attached resolution of approval. 

Upon action regarding the special exception request, the Board of Supervisors also needs to act on the preliminary subdivision plat.  Staff has updated the development conditions, approved by the Planning Commission, to reflect the applicant's revisions to the preliminary plat.  Those revisions resulted from the Planning Commission's recommended denial of any floodplain crossing to serve residential lots.  These condition refinements are shown in italics.  Staff recommends that the preliminary plat be approved, subject to the revised conditions.

Planning Commission Recommendation:

The Planning Commission held a public hearing on the special exception request on July 25, 2002 and continued the public hearing until its August meeting.  After discussion with staff and the Commission, the applicant made several refinements to the proposed development.  The Planning Commission voted to send the special exception request forward with the deletion of the proposed floodplain crossing serving residential lots, and subject to the following conditions for approval:

1.                  The special exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.                  This special exception is granted only for the purposes(s), structure(s) and/or uses indicated with these conditions for disturbance of the floodplain associated with the construction of pedestrian trails and bridges, stormwater management facilities, utility construction, and limited fill associated with development of a maximum of six (6) lots described below.

3.                  Development of the following six (6) lots:  #122, 123, 125, 126, 129, and 130, shall allow an encroachment into the Cedar Run floodplain up to a maximum horizontal distance of twenty (20) feet with slopes tying to the floodplain not to exceed three (3) feet horizontal to one (1)-foot vertical, exclusive of any required terracing, exclusive of any required terracing consistent with Exhibit A included herein and made a part of these development conditions.  This condition applies only to grading within the floodplain associated with the development of these six (6) lots.  No structures shall be established within the FEMA floodplain limits related to the development of these lots.  Prior to issuance of building permits for the referenced six (6) lots, an overlot grading plan filed with the County Engineer for approval to demonstrate that the proposed encroachment is necessary in order to accommodate the building footprint of the proposed dwelling.

4.                  There shall be no increase in flood levels or velocity of floodwaters off-site as a result of the proposed disturbances in the floodplain areas, as determined to the satisfaction of the County Engineer prior to final plat approval.

5.                  Prior to final construction plan approval, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA), if necessitated by the proposed disturbances to the floodplain area.  The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain disturbance.  An improvement bond will be required to cover the amount of the LOMR fee, as-built plans and any other requirements as outlined in FEMA’s CLOMR.

6.                  The final plat for each phase of the subdivision shall show the revised floodplain limits.  In no instance shall more than 25% of the required minimum lot area for any individual residential lot be covered with the 100-year floodplain.

7.                  Any land disturbance within the 100-year floodplain shall be stabilized and seeded in accordance with Virginia Erosion and Sediment Control Regulations.

8.                  The applicant shall provide evidence to the County that any and all required DEQ permits have been obtained prior to approval of the final construction plans.

On September 26, 2002, the Planning Commission approved the preliminary plat for White's Mill subject to the following conditions:

  1. The final construction plans and record plat shall be in substantial conformance with the preliminary subdivision plat prepared by Greenhorne & O'Mara, Inc. entitled "White's Mill" dated June 14, 2002, last revised September 6, 2002, and received in the Planning Office September 12, 2002.  However, prior to action by the Board of Supervisors on the preliminary plat, the applicant shall revise the plat to reflect the removal of the proposed extension of Movern Lane across the floodplain and the associated lots and streets for Phase 2, this area shall be identified as open space.  In addition, the plat shall be modified to meet the conditions of this preliminary plat approval or subsequent special exception approvals. 

Recommended Replacement Condition:


1.  The final construction plans and record plat shall be in substantial conformance with the preliminary subdivision plat prepared by Greenhorne & O'Mara, Inc. entitled "White's Mill" dated October 4, 2002 and received in the Planning Office on October 8, 2002.  In addition, the plat shall be modified to meet the conditions of this preliminary plat approval or subsequent special exception approvals. 

  1. This approval is for a maximum of up to 158 single-family residential lots, exclusive of the three (3) lots proposed for administrative division with a separate application.  Prior to action by the Board of Supervisors on the preliminary plat, the applicant shall revise the plat to reflect the relocation of the Phase II lots as referenced in Condition #1 herein.  This lot relocation shall be consistent with the sketch plan dated September 26, 2002 included herein and made a part of these conditions.

    Recommended Replacement Condition:


2.  This approval is for a maximum of up to 158 single-family residential lots, excluding the three (3) lots proposed for administrative division under a separate application. 

  1. Prior to final construction plan approval, the applicant shall have received approval from the Town of Warrenton for the provision of public water and sewer to the proposed development.
  2. The interparcel connection to the Mark W. and Gail Jeffries property shall be substantially in conformance with the preliminary subdivision plat.  The applicant/developer shall post a sign at the interparcel connection terminus, which indicates that a future connection may be made at this location, and the homeowners' association shall maintain and ensure its continuous posting until such a connection is made.  The location, size, materials and wording of said sign shall be determined by VDOT and the County prior to final construction plan approval for this section of the development.
  3. The final construction plans and final plat for each phase of the subdivision shall show the floodplain limits as approved by the Federal Emergency Management Agency (FEMA) and the County Engineer. 
  4. In no instance shall more than 25% of the required minimum lot area for any individual residential lot be covered with floodplain.  The final subdivision plat may be modified to adjust lot lines to ensure that this 25% minimum may be maintained.
  5. Prior to final construction plan approval for any phase of the development that involves floodplain disturbance, the applicant shall obtain a special exception to permit the proposed floodplain disturbance.  All conditions of special exception #SE02-C-23 shall be met with the final construction plans and record plat.  No fill shall be permitted in the floodplain per Zoning Ordinance Section 4-405, Permitted Uses, without special exception approval.
  6. Prior to final construction plan approval, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA), if necessitated by the proposed disturbances to the floodplain area.  The applicant shall request a final Letter of Map Revision (LOMR) within 90 days of completing construction of the floodplain disturbance.  An improvement bond will be required to cover the amount of the LOMR fee, as-built plans and any other requirements as outlined in FEMA’s CLOMR.
  7. Prior to the issuance of any land disturbing permits for any sections of this development that impact wetlands or regulated waterways, the applicant shall submit written evidence indicating to the County Engineer that the U.S. Army Corps of Engineers and/or the Virginia Marine Resources Commission has approved any disturbance within wetland areas or other regulated waterways.
  8. A minimum of 20% of the required open space shall be located outside of the floodplain, and a minimum of three (3) acres shall be so located and shall have dimensions and topography so as to be open space usable for active recreation.  It is anticipated that this usable open space may be provided in the area located beyond Movern Lane across the floodplain.
  9. The applicant shall work with the Parks and Recreation Department to address the proposed facilities within the open space areas.
  10. Prior to final construction plan approval, the Parks and Recreation Department shall have the opportunity to review and comment on the homeowners’ association documents as they relate to the recreational facilities. 
  11. The paved trail locations shall generally follow the alignment as shown on the preliminary plat.  These trails shall be paved with a minimum of two (2) inches of asphalt over six (6) inches of stone base.  These trails shall be a minimum of six (6') feet in width.
  12. Prior to final construction plan approval, the applicant shall coordinate its trail system with the nearby proposed trail system associated with The Woods at Warrenton development and the future Fauquier County Parks and Recreation Department trail system in an effort to provide some "common linkages" within the Cedar Run stream valley.  In addition, the applicant shall provide Fauquier County with a public access easement over that portion of its trail system within the Cedar Run stream valley.  These paved trails shall be a minimum of eight (8') feet in width.
  13. The applicant shall provide an internal system of sidewalks and/or paved trails outside the Cedar Run 100-year floodplain generally as shown on the preliminary plat with connections to the proposed common open space areas.
  14. All Stormwater Management and BMP facilities shall meet the requirements of the Northern Virginia BMP Handbook and the Virginia Erosion and Sediment Control Law and the County's Stormwater Management Ordinance. 
  15. For Active Recreation Areas that incorporate Stormwater Management/BMP facilities, these facilities shall be designed and incorporated into the overlay recreation facility design so that they are an integral component of the recreation areas and are available for recreational activities to qualify as active recreation.
  16. Prior to final construction plan approval, the applicant shall submit a detailed landscape plan as required pursuant to Section 7-600 of the Zoning Ordinance.
  17. At the time of final construction plan approval, the applicant shall provide a detailed landscaping plan for the common open space along Movern Lane consistent with Exhibit B – "Movern Lane Landscape Concept" dated September 9, 2002.  This plan and the associated plantings shall be in addition to the required landscape plan and plantings required pursuant to Zoning Ordinance Section 7-600.

    Recommended Replacement Condition:

19.  At the time of final construction plan approval; the applicant shall provide a detailed landscaping plan for the common open space along Movern Lane consistent with Exhibit B – "Movern Lane Landscape Concept" dated October 2, 2002.  This plan and the associated plantings shall be in addition to the required landscape plan and plantings required pursuant to Zoning Ordinance Section 7-600.

  1. At the time of final construction plan approval, the applicant shall provide a detailed landscaping plan for the common open space along the rear lot lines of Lots #142, 144, 145, 146, and 147 consistent with Exhibit C – "Phase 2 Landscape, Rt. 29 Screen/Planting Concept" dated September 9, 2002.  This plan and the associated plantings shall be in addition to the required landscape plan and plantings required pursuant to Zoning Ordinance Section 7-600.

    Recommended Replacement Condition:


20.  At the time of final construction plan approval, the applicant shall provide a detailed landscaping plan for the common open space along the rear of Lots #152, 151, 150, and 149 consistent with Exhibit C – "25' Landscape Buffer" dated October 2, 2002.  This plan and the associated plantings shall be in addition to the required landscape plan and plantings required pursuant to Zoning Ordinance Section 7-600.

  1. Prior to Board of Supervisors' action on this preliminary plat, the applicant shall submit a revised soils map for review and approval by the County Soil Scientist.  These revisions include addressing errors made in digitizing the soils map, transferring that information to the lot layout, adding a symbols legend, and including the appropriate signature and certification of the applicant's soil scientist.

    Recommend Deletion of Condition:


21.  Prior to Board of Supervisors' action on this preliminary plat, the applicant shall submit a revised soils map for review and approval by the County Soil Scientist.  These revisions include addressing errors made in digitizing the soils map, transferring that information to the lot layout, adding a symbols legend, and including the appropriate signature and certification of the applicant's soil scientist.

  1. A Virginia Certified Professional Soil Scientist (CPSS) shall adjust the Type I Soil Map soil lines onto the final plat.  This shall be done in the field and checked for any additional soil information to be added to the final scale plat map.
  2. A signature block shall be placed on this plat for the CPSS to sign which states:

 

Preliminary Soils Information Provided by the Fauquier County Soil Scientist Office via a Type I Soil Map (1"=400') Dated August 27, 2002.

 

This Virginia Certified Professional Soil Scientist has field reviewed and adjusted the preliminary soil information onto the final plat (1"=???') and certifies that this is the Best Available Soils Information to Date.


___________________________________________________________

Va. Certified Professional Soil Scientist                                                                        DATE
CPSS #3401-_________________

 

  1. Interpretive information from the Type I soil report for each mapping unit shown on the above plat shall be placed on the same soil map.  Also a Symbols Legend shall be placed on the plat map to identify spot symbols.
  2. Statements related to soils types, below grade basements, and specific site-specific evaluations shall be placed on the same plat map, as required by the County Soil Scientist.
  3. This plat shall be filed in the front office of Community Development and used exclusively for obtaining soils information for this proposed subdivision.
  4. This map shall be submitted to the Soil Scientist's Office before final plat approval is made.
  5. All road design and construction shall be in accordance with VDOT's Subdivision Street Requirements manual and VDOT's Road and Bridge Standards.
  6. Road and other construction shall insure drainage water will not rise higher than 18" below the shoulder of proposed or existing public roads.  At a minimum, culverts shall be designed to accommodate the following flood frequencies:

    Secondary and Subdivisions Streets        10-year

U.S. Route 29                                             5-year

  1. All utilities placed within the highway right-of-way shall be placed on the outer three (3) to five (5) feet of the edge of the right-of-way.  Manholes shall not be located in the pavement or shoulder of highways.  Deviation from this condition requires prior approval by VDOT and will only be considered on a case-by-case basis.
  2. At the time of final construction plan approval, Movern Lane shall be designed and constructed having 36 feet of pavement with curb, gutter, and sidewalk on both sides of the street, as required by VDOT, except the County will not require sidewalks along the open space areas between lots 153 and 154 and between lots 148 and 149.

Recommended Replacement Condition:


31.  At the time of final construction plan approval, Movern Lane shall be designed and constructed having 36 feet of pavement with curb, gutter, and sidewalk on both sides of the street, as required by VDOT, except the County will not require sidewalks along the open space areas between lots 152 and 153.

  1. The applicant agrees to and shall, subject to working within the existing Walker Drive right-of-way and in cooperation with the Town of Warrenton, design and construct a southbound left-turn lane at the intersection of Academy Hill Road and Walker Drive. 
  2. Trees within street rights-of-way shall not be credited towards satisfying Fauquier County's tree canopy requirements.
  3. Unpaved portions of street rights-of-way shall not be credited towards open space requirements.
  4. The applicant shall be required to rename White's Mill Lane to Bald Eagle Drive with the final plat.

Recommended Replacement Condition:


35.  The applicant shall be required to relabel White's Mill Lane as Movern Lane with the final plat.

 

Financial Impacts Analysis:

No financial analysis was required for these applications.

Attachments:

  1. Resolution
  2. Preliminary Plat, Part 1- Part 2