Planning commissioners weigh allowing fee-simple townhomes on private streets in NDD and other zones

Winchester City planning staff told the commission that developers have increasingly used condominium ownership to avoid the subdivision process, but that condo-based townhomes can create financing barriers for first-time buyers. Stewart, the subdivision administrator, presented a draft text amendment (TA-25-7) to the subdivision ordinance and parallel changes to the zoning ordinance (TA-25-8) to permit fee-simple platted townhomes on private streets in limited circumstances, including planned unit developments and selected new-design-density (NDD) zones.

Stewart said the proposal’s goal is to clarify performance standards that private streets would have to meet — standards intended to be close to public-street standards — and to require long-term maintenance plans and HOA governance when private streets are used. He told commissioners that when private streets are part of a subdivision they would need bonding, and staff will clarify language to ensure that required improvements are bonded like a public street.

Commissioners offered mixed responses. One commissioner said the change would help homeownership and urged action so NDDs yield owner-occupied homes rather than investor-bought condos: “it would be a shame if all of our hard work putting out these NDDs only resulted in houses that half of it would be bought by investors,” the commissioner said. Other commissioners warned that private streets can become long-term liabilities, urged bonding and engineering review, and asked staff to define what “public-street standard” means in practice (for example curb-to-curb widths, parallel parking and sidewalks).

On operational details, commissioners asked whether the amendment would be retroactive; Stewart said it would apply only to future projects. They also asked about city services and safety infrastructure: staff said garbage pickup has been provided to private streets in homeownership models and that hydrant placement on private streets is feasible but access standards should be reviewed.

Staff said the amendment package will be initiated at the commission’s next regular meeting and that public hearings are planned for February once draft language and examples are prepared. Commissioners asked staff to return with sample developments, proposed bonding/reserve language, and clearer exception/acceptance rules (for example allowing parallel parking on one side only or single sidewalks in constrained layouts).