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Location, Zoning and
Current Land Use:
The
±5
acres are zoned Village (V). Adjacent properties in all
directions are also zoned Village (V). The property is
located on the north side of John Marshall Highway (Route
55), in between Interstate 66 and Route 55, in the Village
of Linden.
Special Exception Analysis:
Category 29: Sections 5-006
and 5-2900 of the Zoning Ordinance outline the following
standards for this Special Exception:
Zoning Ordinance 5-006
General Standards for Special Permits and Special Exception
Uses
1.
The proposed use shall be such that it will not
adversely affect the use or development of neighboring
properties. It shall be in accordance with the applicable
zoning district regulations and the applicable provisions of
the adopted Comprehensive Plan. The location, size and
height of buildings, structures, walls and fences, and the
nature and extent of screening, buffering and landscaping
shall be such that the use will not hinder or discourage the
appropriate development and/or use of adjacent or nearby
land and/or buildings or impair the value thereof.
The proposed use is a 4-lot subdivision on a
parcel zoned Village. This is in accord with
the Zoning District regulations. The proposed
height of the homes and
landscaping/screening shall be in accord with
zoning regulations. Having a subdivision
on this parcel will not discourage the
development of adjacent parcels, which are also
zoned Village. The granting of this waiver would
allow the development of four (4) lots on
this site with only two visible from Route 55.
The proposed conditions associated with this
Special Exception include design conditions to
enable the development to blend in with
existing development.
2.
The proposed use shall be such that pedestrian and
vehicular traffic generated will not be hazardous or
conflict with the existing and anticipated traffic in the
neighborhood and on the streets serving the site.
The proposed use
is a 4 lot subdivision, which will be served by one internal
private street.
The vehicular
traffic generated is not hazardous or in conflict with the
existing traffic on
adjoining
parcels.
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In addition to the
standards which may be set forth in this Article for a
particular category or use, the BZA and Board may
require landscaping, screening, yard requirements or
other limitations found to be necessary and appropriate
to the proposed use and location.
The proposed use is a 4 lot subdivision, which is
required to meet landscaping standards
as set forth in Article 7 of the Zoning
Ordinance. This requirement shall be met at the time
of subdivision.
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Open space shall be
provided in an amount at least equal to that specified
for the zoning district in which the proposed use is
located.
There is no open
space required for a conventional village subdivision of 4
lots.
5.
Adequate utility, drainage, parking, loading, and
other necessary facilities to serve the proposed use shall
be provided. Low impact development techniques are
encouraged by the County and shall be incorporated into the
site and facility design when deemed appropriate by the
applicant after consultation with appropriate county
officials. Parking and loading requirements shall be in
accordance with the provisions of Article 7.
The proposed
lots will be served by wells and drainfields. There is no
parking
requirement
other than 2 spaces per unit, which is typically met by the
driveway for each
individual lot.
6.
Signs shall be regulated by the provisions of Article
8, except as may be qualified in the Parts that follow for a
particular category or use. However, the BZA and the Board,
under the authority presented in Section 007 below, may
impose more strict standards for a given use than those set
forth in this Ordinance.
No signage is
being proposed with this application.
7.
The future impact of a proposed use will be
considered and addressed in establishing a time limit on the
permit, if deemed appropriate. Existing and recent
development, current zoning and the Comprehensive Plan shall
be among the factors used in assessing the future impact of
the proposed use and whether reconsideration of the permit
after a stated period of time would be necessary and
appropriate for the protection of properties in the vicinity
and to ensure implementation of the Comprehensive Plan.
Should the
Special Exception for the private street be approved, there
should be no time
limit imposed on
the use of a private street for this subdivision. This
property is being
developed in
accord with the Comprehensive Plan.
8.
The proposed use shall be such that air quality,
surface and groundwater quality and quantity, are not
degraded or depleted to an extent that would hinder or
discourage the appropriate development and/or use of
adjacent or nearby land and/or buildings or impair the value
thereof.
This standard
does not apply to a subdivision.
9.
Except as provided in this Article, all uses shall
comply with the lot size, bulk regulations, and performance
standards of the zoning district in which located.
The proposed use is
in compliance with the lot size, bulk regulations and
performance
standards of the
Zoning District.
5-2900 STANDARDS FOR WAIVING
REQUIREMENT FOR PUBLIC STREETS
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That the requirements of
the Virginia Department of Transportation (VDOT)
necessary for the dedication of public streets will not
permit the development of the proposed subdivision in a
manner which is in harmony with the surrounding
character of the neighborhood or the proposed
development scheme;
The requirement for a
public street would limit the number of lots created on this
parcel due to the amount of area required for street
construction, or would result in a layout that is not in
harmony with the surrounding character of the neighborhood.
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That the proposed
private streets, based upon anticipated traffic
generation volume, would adequately serve the lots to be
developed and provide sufficient emergency vehicle
access to the subdivision, and demonstration those
adequate provisions will be made to provide for
continuing maintenance and repair of the streets by a
homeowners association.
It would appear that the
proposed private street will adequately serve the proposed
lots. Emergency Services has no objection to this Special
Exception. A maintenance agreement should be executed to
provide for the maintenance and repair of the private
street.
Staff and Review Agency
Comments:
Staff and Review Agency
Comments are included in Attachment 3.
Planning Commission Action:
On October 29, 2009, the
Planning Commission discussed this item at the work session
and public hearing. The Planning Commission recommended the
addition of a condition which would preclude any future
subdivision of this parcel beyond the proposed four lot
subdivision. One condition required that VDOT verify that
this proposal met its Access Management Standards before it
went forward to the Board of Supervisors. This requirement
has been met and so is no longer needed in the conditions.
The Planning Commission voted unanimously to recommend
approval of this Special Exception with the conditions
included in the Resolution. |