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Staff
Analysis:
Staff and the appropriate referral agencies have reviewed
this request for conformance with the Comprehensive Plan,
the Zoning Ordinance, and other relevant policies and
regulations.
Requirements of the Zoning Ordinance
Section
7-301 of the Zoning Ordinance provides that private streets
are prohibited for all subdivisions in RA, RC and
residential zones unless a Special Exception is obtained in
accordance with the requirements of Section 5-2800 or
5-2900.
Section
5-2900 further provides that, in residential, RA and RC
zones, the Board of Supervisors may grant a Special
Exception to permit the construction of private streets
within a subdivision where the following standards are met:
1.
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.
2.
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 that adequate
provisions will be made to provide for continuing
maintenance and repair of the streets by a homeowners
association. For any subdivision with 80 lots or more, a
traffic impact analysis must be provided to establish the
justification of the request.
Planning
Office
The Planning
Office typically discourages the use of private streets, in
part, due to the long-term maintenance issues to the future
residents. In addition, private streets are frequently
extended to serve additional parcels that are further
divided, thus increasing the traffic impacts on these roads
with no design or construction requirements.
During its
review of this request the Planning Commission and Board of
Supervisors should consider the following items:
-
Whether or not the proposed private street would be in
harmony with the surrounding character of the
neighborhood.
- The
development scheme of the subject property and the
adjoining developments, and how a private street would
fit in with these designs.
- The
requirement for continuing maintenance of the private
street by the homeowners.
- The
traffic impacts of the development on a private street.
-
Whether or not the proposed private street would align
with the county’s goals of protecting open space and
discouraging non-essential alternations to scenic,
agricultural, and historic areas.
- The
ability for any further development along this road or
the possibility of a future extension to serve other
parcels.
Please note that referral agency comments were prepared
based on a project submittal from November 1, 2007. On
November 30, 2007 a new project submittal was received. If
items have been addressed, it is indicated in italics below
the comment.
Engineering
The
Engineering Department has reviewed the above referenced
plan and has the following comments:
Requirements
1.
The road crosses soils that are characterized as
being hydric or having hydric soils inclusions which
indicate the possibility of wetlands. Wetlands permits may
be required from the Virginia Department of Environmental
Quality and the U.S. Army Corps of Engineers if disturbance
is proposed.
The road has already been built. If additional
disturbance is required, such as with cul-de-sac
construction, appropriate permits would need to be obtained.
2.
All culverts will be required to pass the 10 year
storm and velocities will have to be non erosive for the 2
year storm.
The applicant has designed the road with 24 inch
culverts. Additional information will have to be provided
to determine if this is adequate.
Recommendation
1.
The lots that will utilize this road will generate
50 vehicles per day. The road width should accommodate 2
way traffic. A typical section of 18’ width and 4’
shoulders is considered the minimum for this traffic count.
Although the statement of justification states the road will
be 18’, the plans show a width of 14’ on Sheet 1.
The Statement of Justification and Special Exception Plat
now both show a road width of 18 feet which the applicant
indicates can accommodate 2-way vehicle traffic.
Soils
After
reviewing the above stated Special Exception, the soils
office has the following comments.
Findings:
Be advised
that the existing road goes through soils that are shallow
to bedrock (Soil map units: 76B, 76C, 77C, 77D, 480C, 480D).
The road also goes through map unit 14B at multiple
locations which have a low bearing capacity and may have
hydric soil inclusions. This means that a jurisdictional
wetland determination is required if the areas are to be
disturbed.
The road has already been built. If additional
disturbance is required, such as with cul-de-sac
construction, appropriate permits would need to be obtained.
Future
Actions:
A
jurisdictional wetland determination will be required if
areas are to be disturbed.
The road has already been built. If additional
disturbance is required, such as with cul-de-sac
construction, appropriate permits would need to be obtained.
VDOT
The
Warrenton Residency reviewed the above referenced special
exception for a waiver of public street requirements, and we
have no comments. The entrance will need to be constructed
in accordance with our Private Subdivision/Street Entrance
standards, and will need to demonstrate that it meets sight
distance requirements since it will be serving 3 or more
lots.
This can be addressed during Preliminary Plat.
Summary and Recommendations:
Staff
recommends that the Board hold a public hearing on this item
and consider the input above as well as the Planning
Commission’s recommendation.
Staff has
several concerns with the applicant’s proposal:
- It is
not clear if the radius of the proposed cul-de-sac is
adequate for emergency vehicle access and turnaround;
- The
length of the proposed private street has not been
quantified;
- The
road maintenance for the length of road appears to be a
rather large obligation for an HOA of four (4) or five
(5) homes to finance;
- A
draft road maintenance agreement, as indicated in the
Statement of Justification, has not been provided to
staff;
- The
soils at the road location have high shrink swell
potential and require significant design work; and
- It is
not clear whether any of the neighboring parcels may
want (or need) to utilize this proposed road in the
future.
In addition,
the applicant provided a new submittal (revised Statement of
Justification and Special Exception plat) on November 30,
2007. Thus, there has not been adequate time for referral
agencies to review this submittal. However, Planning staff
has conducted a preliminary review of the submittal and
provided information in this report and provided the
November 30, 2007 submittal as attachments.
The
applicant has submitted a Preliminary Plat to ESI (Engineers
and Surveyors Institute) for a completeness review. This is
required prior to application submittal to the county. It
is recommended that the Preliminary Plat be submitted with
this companion Special Exception so that the Board of
Supervisors can make its decision based on complete
information.
Based on the
concerns noted above, staff would recommend that the Board
either deny this item or consider a deferral period for this
application, in order for the applicant to work out
refinements.
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