PUBLIC HEARING AGENDA REQUEST
Owner/Applicant: Board of Supervisors Meeting Date:
Mildred S. Fletcher, Owner December 15, 2003
Keith Fletcher, Applicant
Staff Lead: Department:
Elizabeth A. Cook Community Development
Magisterial District: Marshall PIN(s):
Service District: None Various
Topic: A Resolution to Approve Special Exceptions SPEX04-MA-002, Category 20 and SPEX04-MA-006, Category 23 and Preliminary Plat PP03-M-33 For the Fletcherville Resubdivision
The applicant has filed the following series of requests to permit the resubdivision of a portion of the historic Village of Fletcherville:
§ A Category 20 Special Exception request to allow an above ground sewage pump station required for the extension of a sewer line from the Town of Warrenton. The Town has agreed to provide public sewage treatment to this community, which has been designated as a Health Remediation District due to failing drainfields.
§ A Category 23 Special Exception to allow minor disturbance and fill in the 100-Year Floodplain in association with the construction of a roadway. The applicant proposes to construct a small section of new roadway with the resubdivision to provide public road frontage and access for each dwelling. A proposed cul-de-sac extension may impact the floodplain, and this Special Exception would permit that disturbance, if required.
§ A Preliminary Plat for a resubdivision of a portion of a substandard subdivision for a total of 33 lots for the existing 33 dwellings. The existing subdivision has several lots with more than one dwelling, and with the resubdivision each dwelling would be on a separate lot.
§ Several Subdivision Ordinance waivers are requested as permitted by the Subdivision Ordinance and an open space reduction pursuant to the Zoning Ordinance Substandard Subdivision provisions.
The Village of Fletcherville is a historic village, which evolved in the early twentieth century and was platted in 1960. Those existing lots are substandard and do not meet the current Subdivision and Zoning Ordinance requirements. The property is now proposed for resubdivision to permit existing houses in the Village to be located on individual lots. As proposed, the resubdivision would result in no additional houses. Attachment 1 is an overall exhibit of the Preliminary Plat and Attachments 2 and 3 are the Special Exception Plats for the two requests.
Action Requested of the Board of Supervisors:
Conduct a public hearing and consider adoption of the attached resolution.
Planning Commission Recommendation:
On September 25, 2003, the Planning Commission held a public hearing on the Special Exception requests and recommended approval, subject to the following conditions:
1. These Special Exceptions are granted for and run with the land indicated in these applications and is not transferable to other land.
2. These Special Exceptions are granted only for the purpose(s), structure(s) and/or use(s) indicated on the Special Exception Plat approved with these applications, as qualified by these development conditions.
3. The development of the property shall be in general conformance with the Special Exception Plat entitled "Fletcherville - Special Exception Plan Category 20-Public Utilities-Pump Station Category 23-Floodplain Use" dated 07/16/03, revised 7/23/03 and received in the Planning Office on August 14, 2003.
4. A Site Plan shall be required, pursuant to Article 12 of the Zoning Ordinance for the Sewer Pump Station.
5. A Landscape Plan shall be required for the Sewer Pump Station, pursuant to Article 7 of the Zoning Ordinance. Required landscaping shall conform to the landscaping shown on the Special Exception Plat or Article 7 requirements, which ever is greater.
6. The connection of Nelson Lane to Route 17 shall be removed once the Sewer Pump Station is constructed. The applicant shall post appropriate surety bonding for this removal and reconditioning of the area.
7. The existing pavement of Nelson Lane shall not be removed until the driveway to the Pump Station is constructed. The access to the Pump Station shall not be from Route 17. Once the Pump Station driveway is constructed, the section of Nelson Lane that will not be dedicated to public use shall be removed and the area reseeded.
8. A guardrail shall be extended across the vacated entrance from Route 17 to Nelson Lane.
9. The existing and proposed culverts for existing Nelson Lane and the proposed Pump Station driveway shall be reviewed during the Final Construction Plan and Site Plan review to determine if they are adequately sized. These structures shall be designed as required by the County and VDOT.
10. The proposed culverts shall be sized to pass the 10-year storm and the headwater depth shall be 12 inches below the Pump Station driveway and the common driveway easement.
11. A drainage easement shall be dedicated at the downstream end of the proposed culverts, if required by the County or VDOT.
12. The Sewer Pump Station shall be operated and maintained by the Town of Warrenton.
13. Approval of the Special Exception for fill in the 100-Year Floodplain shall be limited to disturbance associated the construction of the cul-de-sac extension for Nelson Lane.
14. If it is necessary to fill in the 100-Year Floodplain, the applicant shall show that this fill will not cause an increase in the level of flooding or the velocity of floodwaters. No additional potential hazard of debris shall be created subject to movement of floodwaters, which might cause damage downstream. No materials or equipment will be stored in the floodplain, since this would create a danger to downstream properties. All information regarding any fill in the floodplain is to be submitted to the County Engineer's Office for review and approval when plans are complete.
15. Slope maintenance easements shall be dedicated, if required, with the Final Plat.
In addition, the Commission approved the Preliminary Plat, Subdivision Ordinance Waivers, and open space reduction, subject to the conditions outlined below:
1. The Final Plat shall be in general conformance with the Preliminary Plat entitled "Preliminary Resubdivision Plat Fletcherville" dated 6/17/03, revised through 10/31/03, signed 11/6/03 and received in the Planning Office on November 10, 2003, except as modified by these conditions.
2. In accordance with the Fauquier County Zoning Ordinance, a tree canopy calculation, landscape plan and buffer plan shall be provided with the Final Construction Plans.
3. All road design and construction shall be in accordance with VDOT's Subdivision Street Requirements manual and VDOT's Road and Bridge Standards, unless modified by this approval, the Community Development Department, and/or VDOT. Approval of this Preliminary Plat modifies Subdivision Ordinance Sections 5-7, Street Width; 7-8, Graded Width; 7-9, Pavement Width; 6-1, Local Street; 6-2, Collector Street; 7-1, Design; 7-2, Standards; 7-16, Landscaping; 8-1, Curb, Gutter and Sidewalk; and 8-2, Ditch Cross Section; as noted in the applicant's Statement of Justification and modified by the Preliminary Plat and these conditions.
4. Street grades shall not exceed 10%, unless approved by the County Engineer.
5. The typical road section shown on Sheet 2, as modified herein and agreed to by both the County Engineer's Office and VDOT, is approved for this Resubdivision.
Road and other construction shall insure drainage water will not
rise higher than 18 inches below the shoulder of proposed or existing
public roads. At a minimum, culverts shall be designed to accommodate
the following flood frequencies:
7. All utilities placed within the street right-of-way shall be placed on the outer 3 to 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 be considered on a case-by-case basis.
8. Culverts shall be designed to pass the 10-year storm with 12 inches of freeboard.
9. A minimum right-of-way width of 40 feet is approved for the proposed public streets in this Resubdivision.
10. The driveway entrance to Lot 21R shall be perpendicular to the roadway or as approved by VDOT.
11. Those private roadways, pipestems, and ingress/egress easements provided for with the Resubdivision shall be maintained by the uses of said accessways. The applicant shall submit homeowners' association documents or other required road maintenance agreements for County approval prior to Final Plat approval.
12. The development shall be served by Town of Warrenton Sewer Service.
13. Approval of this Preliminary Plat grants the applicant's requested open space reduction pursuant to Zoning Ordinance Section 10-206. No less than 40% of the gross site acreage shall be in open space. This open space area may be either common or non-common.
14. Approval of this Preliminary Plat modifies Subdivision Ordinance Section 4-18, Lots, Shape. The lot configuration shall be in general conformance with the approved Preliminary Plat.
15. The requirements for a Phase 1 Soils Study, a Hydrogeological Study, and/or a traffic study are waived with approval of this Preliminary Plat.
16. The existing community water system may serve the existing residential properties located within the Resubdivision. However, no new residential units may be added to that existing community water system.
17. Approval of this Preliminary Plat is subject to approval of a Special Exception to allow an above ground sewage pump station, and approval of a Special Exception to allow minor disturbance and fill in the 100-Year Floodplain in association with construction of a roadway.
Land Area, Location and Zoning:
The subject property, consisting of ±22.66 acres, is located on the west side of Route 17, south of Keith Road and along both sides of Stewart Street and Nelson Lane. The property encompasses 22 individual parcels that are zoned Village (V). The map below identifies the property location.
Neighboring Zoning/Land Use:
To the north, east, and west the property is zoned Village and developed as residential. To the south, the adjoining property is in agricultural use and is also zoned Village.
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 and referral agency findings, comments, and recommendations are summarized below. The actual responses from key referral agencies are included as attachments.
The Comprehensive Plan
The Village of Fletcherville has been designated under the County’s Comprehensive Plan as a Health Remediation District and the introduction of a public sewage system is limited to those existing structures identified as part of the Remediation District. The Town of Warrenton has agreed to provide public sewer service to the specified units. The Village is slated for limited expansion.
Requirements of the Zoning Ordinance
Category 20, Public Utilities:
Category 23, Floodplain Uses:
6. Special exceptions shall only be issued after the Board of Supervisors has determined that the granting of such will not result in (a) unacceptable or prohibited increase in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local law or ordinances.
Additional Zoning-Related Comments
The Zoning Office has reviewed the applicant’s requests and has noted the concerns outlined below.
Special Exception for Pump Station:
Category 23, Floodplain Uses:
1. All residential dwellings must be 25 feet from the edge of the established floodplain. This may affect the building location or lot configurations and should be identified on the Preliminary Plat.
2. The proposed fill shows only disturbance for the road. Any proposed utilities must be identified on the plan and made part of this application.
· Zoning Ordinance Section 10-206.2 requires that a resubdivision of a village substandard subdivision contain a minimum of 50% open space. This proposal does not meet that requirement. However, this same section allows the Board of Supervisors the ability to modify the open space requirement.
The Engineering Division has reviewed the Applicant’s requests and has provided the following comments:
Special Exception for Pump Station:
Category 23, Floodplain Uses:
The Virginia Department of Transportation (VDOT) has reviewed the applications and has provided the following comments:
Special Exception for Pump Station:
1. The proposed dual 24-foot driveway culverts should be reviewed with the construction plan to determine if they are sized adequately for the 10-year storm.
2. The sewer plan will need to be reviewed and approved by VDOT.
Special Exception for Floodplain:
Subdivision Ordinance Waivers
The Subdivision Ordinance indicates that the redesign of substandard subdivisions must result in an improvement to the general area of lot layout and street connections. In addition, the Ordinance does make provisions for modifications of the Ordinance requirements. The applicant has proposed a series of waivers, which are described in detail in the Statement of Justification at Attachment 4, and are briefly summarized below.
Zoning Ordinance Waivers
Section 10-206 of the Zoning Ordinance requires 50% open space in the resubdivision of substandard subdivisions. The Preliminary Plat indicates that proposed Lot 17R is a non-common open space lot, which represents approximately 43.39% of the total lot area. The applicant is seeking a reduction of the 50% open space requirement to accommodate the resubdivision of the property at 40% of the non-common open space.
The applicant argues that the best lot configuration is being provided with the proposed Preliminary Plat, and that it provides the best overall development design with street layout and street connections which improve the existing situation as well as improved drainage, and preserve the historic character of the Village. The lots have been designed around the existing houses with the open space being the current large lot now referred to as Lot 17R. As proposed, the Village will not be modified or altered by the designation of open space. Staff supports the applicant’s requested open space reduction and agrees that Lot 17R should serve as the non-common open space for the development.