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

Topic Description:

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.

6.      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:

Secondary and Subdivision Streets                    10-year
Primary and Parkways                          25-year

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 Analysis:

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 20 Special Permit and Special Exception uses shall not be required to comply with the lot size requirements or the bulk regulations set forth for the zoning district which are located in Part 4 of Article 3. However, such requirements may be established in the conditions under which such a special permit or special exception is granted.

No land or building in any district other than the Industrial Districts shall be used for the storage of materials or equipment, or for the repair or servicing of vehicles or equipment or for the parking of vehicles, except those needed by employees connected with the operation of the immediate facility.

In all zoning districts, other than the I-2 District, all equipment, machinery and facilities not located within an enclosed building shall be effectively screened.

If the proposed location of a Category 20 use is in a Residential District there shall be a finding that there is no more suitable site available for such use in a Commercial or Industrial District, except that in the case of electric transformer stations and telephone and telegraph exchanges or dial centers, there shall be a finding that there is no alternative site available in a Commercial or Industrial District within a distance of one mile, unless there is a substantial showing that it is impractical for satisfactory service to be rendered from an available location in such Commercial or Industrial District.

Category 23, Floodplain Uses:

No such use shall cause an increase in the level of flooding or velocity of floodwaters.

No such use shall create a potential hazard of debris subject to movement by floodwaters, which might cause damage downstream.

The John Marshall Soil and Water Conservation District shall be given the opportunity to comment on such uses.

The applicant shall have obtained and shall present evidence attesting any applicable approvals by State and Federal authorities concerning such a use.

Materials and equipment stored in the floodplain shall not be buoyant, flammable or explosive, and shall not be subject to major damage by flooding or such materials and equipment must be firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.

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.

Special exceptions shall only be issued after the Board of Supervisors has determined that the special exception will be necessary to provide the applicant with reasonable use of the parcel of land in question, taken as a whole.

The Zoning Administrator shall notify the applicant of a special exception in writing, at the time of filing, that the issuance of a special exception to construct a structure below the one hundred (100) year flood elevation (a) will increase risks to life and property, and (b) will result in increased premium rates for flood insurance.

A record of the above notification as well as all special exception actions, including justification for their issuance, shall be maintained and any special exceptions which are issued shall be noted in the annual report submitted to the Federal Insurance Administrator.

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:

The proposed use shall comply with the additional standards set forth in Article 12 of the Zoning Ordinance that require a Major Site Plan.

All proposed structures must meet minimum yard requirements for the Village zoning district. Side and rear yards are 15 feet; front yards are 50 feet from the centerline of the road.

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.

Preliminary Plat:

· 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.

Engineering Considerations

The Engineering Division has reviewed the Applicant’s requests and has provided the following comments:

Special Exception for Pump Station:

The connection of Nelson Lane to Route 17 is to be removed based on the Preliminary Plat. The removal of the existing pavement of Nelson Lane should not start before the driveway to the pump station. The access to the pump station should not be allowed directly from Route 17.

The proposed culverts should be sized to pass the 10-year storm and the headwater depth should be 12” below the driveway and the common driveway easement.

A drainage easement should be required at the downstream end of the proposed culverts.

The pump station should be operated and maintained by the Town of Warrenton.

Category 23, Floodplain Uses:

The applicant may be required to fill in the FEMA designated 100-year floodplain due to road construction required by the re-subdivision of a sub-standard subdivision. If it is necessary to fill in the 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, as this would create a danger to downstream properties. All information regarding any fill in the floodplain is to be submitted to the County Engineers Office for review and approval when plans are complete.

Transportation

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:

The fill area indicated in the floodplain appears to be outside of the area being dedicated for public street purposes. The slopes will need to be reviewed with the construction plans to determine if any slope maintenance easements are required.

It appears that the cul-de-sac may be able to be shortened to eliminate the fill in the 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.

Section 4-18 – Lot Shape: Lot 16R does not meet the length-width ratio. Staff supports the applicant’s requested waiver.

The applicant needs several modifications to the street standards to rebuild and construct portions of new streets to make those roads eligible for acceptance by VDOT. Staff believes a good compromise has been reached between the applicant, the County, and VDOT on the street design for the resubdivision. The following street related waivers have been requested, and are supported by staff and the Planning Commission.
1. Section 5-7 – Reducing width of streets from 50 feet to 40 feet pursuant to Section 10-206 of the Zoning Ordinance.
2. Section 7-8 – Graded width of road reduced from 37 feet to 18 feet pursuant to agreement with VDOT and Section 10-206 of the Zoning Ordinance.
3. Section 7-9 – Pavement width reduced from 20 feet to 18 feet pursuant to VDOT agreement included at Attachment 5.
4. Sections 6-1, 6-2, and 7-2 – Construction standards waived in lieu of standards established in VDOT agreement.
5. Section 7-1 – Design standards pursuant to VDOT agreement.
6. Section 8-1 – Curb, gutter, and sidewalk to be waived for roads to be constructed in compliance with VDOT agreement.
7. Section 8-2 – Ditch section to be in compliance with VDOT agreement.
8. Section 7-16 – Landscaping the alignment is only being changed in certain areas and the existing alignments and existing roadways have landscaping generally existing along the areas of the road, which will not be disturbed.

Studies including Phase 1 Soils, Hydrogeological, and Traffic Analysis. Staff agrees that these studies be waived.

Sections 4-11, 4-14, and 4-15, Utilities – The project is currently served by an existing private central water system and will be served by public sewer service from the Town of Warrenton once the sewage pump station and other facilities are in place.

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.

Attachments: