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Home My WebLink AboutSUB201800097 Action Letter 2018-10-30County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 434-296-5832 October 29, 2018 Justin Shimp 912 East High Street Charlottesville VA 22902 SUB2018-97 Rio Vista - Preliminary Subdivision Plat Dear Mr. Shimp: Pursuant to Albemarle County Code § 14-222(D), the above referenced preliminary subdivisionplat is disapproved. The reason for disapproval is because the proposal does not meet § 14-404, which required each lot shall have reasonable access to the building site from only one street, shared drive way, or alley established at the time of the subdivision. While a special exception requested was submitted to waive § 14- 404, the request has been denied by the Agent. Specific findings for the denial of the special exception request are attached to this letter (Planning Comment #2, dated October 29, 2018). The applicant also failed to pay the required SRC public notification fee (Planning Comment #1, dated October 29, 2018). Also, while not a reason for denial, attached are all other SRC review comments on the proposal. Within fifteen (15) days after the date this notice of disapproval is provided to the applicant, the subdivider mayresubmitthepreliminaryplat, asprovidedbyAlbemarle County Code § 14-222(E). If a revised plat is not received within 15 days, the plat shall be deemed to be disapproved and anew application and fee shall berequired for submittal ofthe plat. In accord with Albemarle County Code §14-223, this decision may be appealed. Please contactmeatyourearliestconvenience ifyouhaveanyquestions orrequire additional information. I can be reached at cuerez(&albemarle.org or 434-296-5832, ext. 3443. Sincerely, Christopher P. Perez Senior Planner Planning Division County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 434-296-5832 Memorandum To: Justin Shimp From: Christopher Perez, Senior Planner Division: Planning Date: October 29, 2018 Subject: SUB2018-97 Rio Vista - Preliminary Subdivision Plat The County of Albemarle Planning Division offers the following review comments on the above referenced Subdivision Plat. 1. [Comment] The public notification fee of $215 was not paid prior to the SRC meeting. Prior to preliminarX subdivision plat conditional approval the fee shall be paid. Revl: Comment not addressed. 2. [14-404] Single Point of Access Required. Each lot shall have reasonable access to the building site from only one street, shared driveway, or alley established at the time of the subdivision. Rev 1: The proposal seeks to establish two shared driveways at the time of the subdivision. To facilitate this proposal, the applicant submitted a special exception request to Section 14-404 with justifications to Section 14-404(A). Findings: The Agent denies the special exception to Section 14-404 based on staffs review and analysis of the proposal as it relates to Section 14-404(D) and Section 14-203.1 of the County's Subdivision Ordinance (provided below). Additionally, the Agent took into consideration the recommendations provided by applicable SRC reviewers (provided below). [ 14-404(D)(2)] Consideration. In reviewing the request the agent considered whether: (i) installing a single point of access would substantially impact environmental resources such as streams, stream buffers, steep slopes, and floodplain; - The Agent finds that the parcel is already developed with a single point of access serving an existing duplex. Further development of the parcel is not guaranteed. In order to further develop, the proposal shall meet the requirements of Section 14-404 and other applicable regulations. (ii) Construction of a single point of access would substantially impact features existing on the property prior to October 14, 2009 - The Agent finds that the parcel is already developed with a single point of access serving an existing duplex. Further development of the parcel is not guaranteed. In order to further develop, the proposal shall meet the requirements of Section 14-404 and other applicable regulations. (iii) Granting the exception would contribute to maintaining an agricultural or forestal use of the property — Granting the exception does not contribute to maintaining and agricultural or forestall use of the property. : and (iv) Granting the exception would facilitate development of areas identified in the open space plan as containing significant resources. - The Agent finds that granting the exception facilitates further development of the property and areas identified in the open space plan as containing significant recourses by requiring the installation of sanitary sewer lines to serve the additional proposed units. [ 14-203.1(3)] Findings required for an exception. The agent may approve a request for an exception from any requirement of the applicable regulation upon finding that: (i) because of an unusual situation, including but not limited to, the unusual size, topography, shape of the site or the location of the site; — The Agent does not find this to be an unusual situation; rather, it is a common situation of an applicant seeking to maximize development of a property which is extremely constrained by various physical features that rely on special exceptions for approval. The Agent finds that the parcel is already developed with a single point of access serving an existing duplex. Further development of the parcel is not guaranteed. In order to further develop, the proposal shall meet the requirements of Section 14-404 and other applicable regulations. or (ii) when strict adherence to the requirements would result in substantial injustice or hardship by, including but not limited to, resulting in the significant degradation of the site or to adjacent properties, causing a detriment to the public health, safety or welfare, or by inhibiting the orderly development of the area or the application of sound engineering practices. — The Agent does not find strict adherence to the requirements result in substantial injustice or hardship, as the parcel is already developed with a single point of access serving an existing duplex. Further development of the parcel is not guaranteed. In order to further develop, the proposal shall meet the requirements of Section 14-404 and other applicable regulations. Furthermore the Agent has taken into consideration recommendations from Fire and Rescue which states that "this layout will require emergency apparatus and any service vehicles to back out into Rio Road. The layout also requires Rio Road to be shut down during most emergency incidents due to limited access and minimum unobstructed width of the access." For this reason the Agent has determined that approval of this design, at this intensity of use, causes a detriment to the public health, safety or welfare, and inhibits the orderly development of the area. The request does not meet the required justifications for approval. For all of the above reasons the AEent denies' the special exception request. In order for the subdivision to move forward the plat shall be revised so that each lot shall have reasonable access to the building site from only one street, shared driveway, or alley established at the time of the subdivision. All other applicable regulations cited in the 1St round of review are still applicable. Please contact Christopher P. Perez in the Planning Division by using cnerezkalbemarle.org or 434-296-5832 ext.3443 for further information. SRC Reviewer Comments Fire and Rescue — Shawn Maddox This layout will require emergency apparatus, and any service vehicles, to back out in to Rio Road. The layout will also require Rio Road to be shut down during most emergency incidents due to limited access and minimum unobstructed width of the access. If these buildings will exceed 30' in height then the travel ways must be increased to 26' unobstructed width on at least one contiguous side of the structure. Inspections — Michael Dellinger 1. Any structure located 5 feet or less from the property line will require fire rated construction from both sides of the wall in accordance with Table 302.1.1 Va Residential Code. Please note on plan. ACSA — Richard Nelson Comments attached. E911— Elise Kiewra Comments attached. Engineering — John Anderson Comments attached. RWSA — Victoria Forte Comments attached. VDOT — Willis Bedsaul/Adam Moore Comments attached. 'The decision of the agent may be appealed as provided in Section 14-203.2 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Preliminary Plat review Project: Rio Vista — Preliminary Plat Plan preparer: Justin Shimp, PE, Shimp Engineering — 201 E. Main St., Suite M Charlottesville, VA 22902 [iustinAshimp-en ing eering.com ] Owner or rep.: Rio Vista LLC, PO Box 5787, Charlottesville, VA 22905 Plan received date: 22 May 2018 (Rev. 1) 20 Sep 2018 Date of comments: 3 July 2018 (Rev. per SRC) 10 July 2018 (Rev. 1) 21 Sep 2018 Reviewer: John Anderson Project Coordinator: Christopher Perez SUB2018-00097 1. An approved WPO/VSMP Plan is required prior to final plat approval. Consider stormwater quality and quantity (engineering design) alternatives at level of detail required to show conceptual locations of required drainage, and SWM treatment or detention required for an approved VSMP Plan; provide conceptual locations with preliminary plat (14-302.A.13). 2. Delete C1 Subdivision Note 6, which appears to assume a pre -determined VSMP/WPO review outcome. For example, in plan review meeting with Applicant, need for curb and gutter for eventual conceptual design (essentially, two driveway entrances off Rio Road instead of a private street or public road) was discussed. Streets in an urban areas require an urban section, which requires curb and gutter. Applicant, in letter request for exception (Section 14404(A)), dated 8/24/18, states that `Compliance with subsection G [14-410(G)] is anticipated with the review of a final plat application,' which means the Applicant rightly anticipates drainage elements are required. 14-410(G): G. Drainage. Adequate drainage control shall be provided for streets by installing culverts under streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including piping, as determined to be necessary by the county engineer_ All of these improvements shall meet the standards of the county or, in the event no county standards exist, Virginia Department of Transportation standards. Once system elements, including piping, concentrate runoff from proposed impervious area, Chapter 17 stormwater quantity requirements listed at 9VAC25-870-66 require both channel and flood protection requirements that conflict with apparent proposal to discharge concentrated runoff directly into the floodplain (or floodway) without attenuating stormwater peak discharge or velocity. In any event, plan review will consider stormwater-related design issues, once a VSMP/WPO plan is submitted. 3. Related to 2., show conceptual locations of SWM pipes that avoid preserved steep slopes. 4. Related, propose locations for SWM facilities that may be required that avoid streamward 50' of buffers. 5. Related, if a SWM facility is proposed to lie within the 100 -year floodplain, design may not include fill, or decrease the cross-sectional area of the floodplain or floodway of Meadow Creek, at any point. 6. A new sanitary sewer is proposed within the 100 -year floodplain. Submit a Floodplain Development Permit Application to show (that): a. Construction of the proposed sanitary sewer line does not decrease the cross-sectional area of the floodplain at any point; does not increase the base flow elevation of the floodplain at any point. Engineering Review Comments Page 2 of 3 b. Development activity will not increase the base flow elevation (BFE) or extent of the floodplain at any point (no increase in horizontal dimensions of floodplain). c. Applicant is directed to Code 18-30.3, Flood Hazard Overlay District, especially 30.3.11 - 30.3.15 (Note: 30.3.15.A.6 is of particular relevance; table at 30.3.11 provides by right water -related and public utility use within a FEMA FIM Map Zone AE regulatory floodway). d. Regulatory floodway. Ref on-line VFRIS (image below). e. Regulatory floodway on preliminary plat, sheets C2 and C5 (14-302.13.9). f Also, with the FDP Application, submit PE -seal `No Rise' Certificate, prepared by a professional engineer licensed to practice in the state of Virginia. 7. Related to 4, 5, 6.d. -e., provide with preliminaryplat required information listed at 14-302.13.9, including elevation of lowest floors of proposed structures, and USGS vertical datum shown and/or correlated to plat topography. Show proposed elevations. Preliminary plat lacks proposed contours, without which, it is not possible to evaluate potential impact to preserved slopes, stream buffer, floodplain /floodway. 8. Note: If VDOT and Albemarle County Agent /Commission approve Request for Exception (Section 14- 404.A), a Road Plan is not required since entrances to subdivision will be, in effect, shared driveways fronting Rio Road, separated by approximately 50'. 9. With preliminary plat, provide easements (with dimensions) required at 14-302.A.4,-5, -6. 10. Note: Preliminary plat (conceptual design) requires approval of Request for Exception (Section 14-404(A)). Request submitted as letter d. 8/24/18. With final plat & WPO/VSMP 11. Show and label floodway and floodway fringe (see VFRIS image, below). 12. Note: Stream buffer crossing Rio Road is not considered stream buffer for ordinance purposes. Rio Road is manmade hardscape with no runoff limiting capacity. Applicant may view Meadow Creek stream buffer crossing Rio Road from the west as irrelevant, with no influence or effect on design. County GIS — preserved steep slopes (green); stream buffer (salmon); floodplain (blue). Note: Area that is not in steep slopes, stream buffer, or floodplain is white /unshaded. Engineering Review Comments Page 3 of 3 VFRIS —Virginia Flood Risk Information System — blue is floodway fringe; purple is floodway Link: http://cmap2.vims.eduNaFloodRisk/vfris2.htm1 Please feel free to call if any questions: 434.296-5832 —x3069 Thank you SUB201800097-Rio—Vista—rev092118rev 1 _prelim -p lat. doc Review Comments for SUB201800097 Preliminary Plat Project Name: RIO VISTA- PRELIMINARY Date Completed: rrMonday, October 29, 2018 DepartmentIDivisionfAgency: Review Sys: Reviewer:lshawn Maddox F- Fire Rescue Pending service vehicles, to back out in to Rio Road_ The layout will also require lents due to limited access and minimum unobstructed width of the the travel ways must be increased to 26' unostructed width on at least Page: County of Albemarle Printed On: 11012912018 Christopher Perez From: Victoria Fort <vfort@rivanna.org> Sent: Monday, October 15, 2018 5:52 PM To: Christopher Perez Cc: Richard Nelson Subject: SUB201800097 Rio Vista - Preliminary Attachments: SUB201800097 - Rio Vista - Preliminary Chris & Richard, RWSA has reviewed the resubmittal of the preliminary plat for Rio Vista, dated 8/22/2018. RWSA's previous comments (see attached email, dated 6/28/2018) were not fully addressed in the resubmittal. I have reiterated these and included additional comments below: Sheet C4 of 5 (Existing Conditions): 1. Correctly show the location of the existing RWSA 18" water main (located on the west side of Rio Road, not on the east side, as shown). 2. Show and label the existing RWSA 42" sanitary sewer main and easement across the entire subject property. Sheet C5 of 5 (Preliminary Lot Layout): 1. Correctly show the location of the RWSA 18" water main. 2. Show and label the existing RWSA 42" sanitary sewer main, and the sanitary easement (with Deed Book and Page Number) across the entire subject property. 3. The proposed new sewer line shown as "new RWSA sewer" will belong to ACSA, please revise the label accordingly. 4. The proposed sewer easement should be labeled "new 20' ACSA sewer easement" 5. Proposed water and sewer connections will require RWSA review and approval and all work will be subject to inspection by RWSA staff. Please note that the RWSA manhole where a connection is proposed has an HDPE liner that will need to be repaired to RWSA's satisfaction using approved methods, materials, and an approved contractor. Please let me know if you have any questions. Thanks, Victoria Victoria Fort, P.E. Senior Civil Engineer Rivanna Water and Sewer Authority 695 Moores Creek Lane Charlottesville, VA 22902 (0): (434) 977-2970 ext. 205 (F): (434) 295-1146 Christopher Perez From: Richard Nelson <rnelson@serviceauthority.org> Sent: Tuesday, October 16, 2018 8:14 AM To: Christopher Perez Subject: SUB201800097 Rio Vista - Preliminary Chris, Below are comments for SUB201800097 Rio Vista — Preliminary: Correctly show RWSA water main location. Callout proposed sewer as ACSA not RWSA. Thanks, Richard Nelson Civil Engineer Albemarle County Service Authority 168 Spotnap Road Charlottesville, Virginia 22911 (434) 977-4511 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virgm a 22701 Stephen C. Brich, P.E. Commissioner October 18, 2018 Christopher Perez County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SDP -2019-00097- Rio Vista — Preliminary Subdivision Plat Dear Mr. Perez: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as submitted by Shimp Engineering, P.C., dated May 21, 2018, revised August 22, 2018 and find it to be generally acceptable. Land Use 1. Please label on plat; prescriptive easement to be dedicated to County for future public use. Please provide two copies of the revised plan along with a comment response letter. If further information is desired, please contact Willis C. Bedsaul at 434-422-9866. A VDOT Land Use Permit will be required prior to any work within the right of way. The owner/developer must contact the Charlottesville Residency land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, J&weti1 L (, Z -U - Adam J. Mire, P.E. Area Land Use Engineer Charlottesville Residency WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper Virginia 22701 Stephen C. Brich, P.E. Commissioner July 03, 2018 Christopher Perez County of AIbemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SDP -2019-00097- Rio Vista — Preliminary Subdivision Plat Dear Mr. Perez: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as submitted by Shimp Engineering, P.C., dated May 21, 2018 and offer the following comments. Land Use 1. Please show mill and overlay on plans in accordance with WP -2 and show limits of mill and overlay. Also please add the detail to the plans. 2. Please provide sight distance lines and profile for proposed entrance onto RIO Road (SR 63 1) to plans. 3. Recommend dedicating prescriptive easement to the County for future public use. 4. Please provide design geometry on entrance design e.g. (radii and the entrance width). 5. Please see Road Design Manual appendix F, pg., F-105, private and low volume commercial entrances. All private and low volume entrances shall be designed in accordance with the entrance design criteria. 6. Please provide drainage information for proposed storm water management elements. 7. Low volume commercial entrance stopping sight distance is required. Please refer to the AASHTO Green Book, chapter 3, section 3.22, pg. 3-4, table's 2D-1 and 2D-2. Please provide two copies of the revised plan along with a comment response letter. If further information is desired, please contact Willis C. Bedsaul at 434-422-9866. A VDOT Land Use Permit will be required prior to any work within the right of way. The owner/developer must contact the Charlottesville Residency land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, Adam J. M+re P.E. Area Land Use Engineer Charlottesville Residency WE KEEP VIRGINIA MOVING