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Home My WebLink AboutSUB201700084 Staff Report 2009-02-03ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB2008-183 Belle Vista- Staff: Megan Yaniglos- Senior Planner, Amy Preliminary Subdivision Plat Pflaum- Senior Civil Engineer Planning Commission Public Hearing. Board of Supervisors Hearing: February 3, 2009 Not applicable Owners: Belle Vista LLC Applicant: Tom Gale Acreage: 76.518 Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 69 Parcels 50C and 5OC1 By -right use: RA, Rural Areas Location: Critzers Shop Road [Route 151 ] approximately 0.25 miles southeast of the intersection with Rockfish Gap Turnpike [Route 250]. Magisterial District: Whitehall Proffers/Conditions: yes Requested # of Dwelling Lots: 2 DA — RA — X Proposal:. Request for preliminary subdivision plat Comp. Plan Designation: Rural Areas in approval to create 2 lots on 76.518 acres; Rural Area 3 associated with this request is a request for a waiver to allow access to these and one existing lot via a private street. Character of Property: This lot is mainly forestal Use of Surrounding Properties. Single with some agricultural areas. Portions are located in Family Residential, Agricultural the Mountain Overlay District. Factors Favorable: Factors Unfavorable: 1. The owner is willing to forfeit two None idenitifled development rights for the approval of the private street, which could be viewed as better serving the general welfare. RECOMMENDATION: Staff recommends approval with conditions. STAFF PERSON: Megan Yaniglos- Senior Planner, Amy Pflaum- Senior Civil Engineer PLANNING COMMISSION: September 23, 2008 AGENDA TITLE: SUB2008-183 Belle Vista- Preliminary Subdivision Plat APPLICANT: Tom Gale- Roudabush & Gale PROPERTY OWNER(S): Belle Vista LLC APPLICANT'S PROPOSAL: Request for preliminary subdivision plat approval to create 2 lots on 76.518 acres [Attachments A, B and C]; associated with this request is a request for a waiver to allow access to these lots and one additional existing lot via a private street. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas in Rural Area 3. REASON FOR PLANNING COMMISSION REVIEW: The applicant has requested a waiver to allow access to the proposed lots via a private street per Section 14-232 and 14-234 of the ordinance [Attachment D]. Approval of the modification for private street authorization would also be the approval of the street in accordance with Sections 14-232 and 14-234 of the Subdivision Ordinance. The required standard for private streets is specified in Section 14-412, and all requirements of this section will need to be met with the approval of the final plat. PLANNING AND ZONING HISTORY: SUU2W7-2?K-Twi-Ii+t subdivision- Api-in1�Ld 11/27'2,P(17 SUB2004-077- Request for approval of a five lot subdivision with a private street- Denied 11/16/2004. AUTHORIZATION OF PRIVATE STREETS Private streets may be authorized by the Planning Commission as provided by any one of the provisions of Section 14-232. County Engineering staff has analyzed each street [Attachment E] as required by Chapter 14, Section 234 (Procedure to authorize private streets and related matters) and Section 412 (Standards for private streets only) of the County Code. ANALYSIS OF SECTION 14-232(A)(1) To alleviate significant degradation to the environment. The applicant has not submitted the necessary information to make this analysis. ANALYSIS OF SECTION 14-232(A)(2) The Iots will be used for non-residential or non- agricultural purposes. The proposed lots are for residential purposes. ANALYSIS OF SECTION 14-232(A)(3) General wedare. One or more private streets mi y be authorized if (lie general welfare, as apposed to the proprietary interest of the subdivider, would be better served by the construction of'one or more private streets than by the construction of public streets The applicant has addressed the reasons for approval of the private road using General Welfare as justification [Attachment D]. A summary of the justification that the applicant states to address general welfare is: the existing private road meets County standards for 3-5 lots; a public road would require the widening and regarding of the should and ditch; the proposed turn -around will only be adjacent to two lots instead of three lots that are required by VDOT for state road acceptance; the owner is willing to forfeit two development rights with the approval of the private street. Staff agrees that the creation of a public street would require extensive grading and disturbance to the existing driveway than the construction of a private street, however Staff does not agree that this qualifies as justification under general welfare. There have been two subdivisions with private street requests in the past that have been approved where development rights were waived. Forfeiting development rights, and therefore reducing development in the rural area, does serve the general welfare. ANALYSIS OF SECTION 14-234: Per Section 14-234(c), the Commission may authorize one or more private roads to be constructed in a subdivision if it finds that one or more of the circumstances described in section 14-232 exists and that (ordinance language presented in bold italics followed by staff comment): L The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. The request for a private street submitted according to Subdivision Ordinance section 14-232 has been reviewed. The proposed street is an upgrade to an existing driveway [Attachment C] currently serving the parcel. The private street would be required to meet the standard for private streets serving three to five lots (14-412A2). A standard turnaround is proposed at the point where one driveway exits the street, and the street may be reduced to the two -lot standard. The proposed subdivision creates three residential lots. The projected traffic expected from three lots is 30 vehicle trips per day. The proposed private street is adequate to carry this traffic volume. 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private road, The Comprehensive Plan does not provide for a public street in the location of this private street. 3. The fee of the private road will be owned by the owner of each /at abutting the right-of-way thereof or by an association composed of the owners of all lots in the subdivision, subject in either case to any easement for the benefit of all lots served by the road, Section 14-317 of the Subdivision Ordinance requires that a maintenance agreement be submitted for review by Planning staff and the County Attorney in all situations where improvements are required to be maintained. if this request is approved, a road maintenance agreement will be required for approval prior to final plat recordation. 4. Except where required by the commission to serve a specific public purpose, the private road will not serve through traffic nor intersect the state highway. system in more than one location; and The private street will not serve through traffic, nor intersect the state highway system in more than one location. 5. If applicable, the private road has been approved in accordance with section 30.3, flood hazard overlay district, af'the zoning ordiptunce and other applicable last. Not applicable. SUMMARY AND RECOMMENDATION: Staff review has resulted in the following findings: Favorable factors: 1. The owner is willing to forfeit two development rights for the approval of the private street, which could be viewed as better serving the general welfare. Unfavorable factors: none identified Staff has found that the request, based on Section 14-232, is consistent with the requirements for general welfare, and therefore, staff is able to recommend approval to the Commission. If the Planning Commission approves the request, conditions recommended are listed below: CONDITIONS RECOMMENDED: 1. The plat shall be subject to the requirements of Section 14-303 (Contents of final plat), as identified on the "Final Subdivision Checklist" which is available from the Department of Planning and Community Development; 2, The final plat shall address all minimum requirements from Sections 14-410 (Standards for all street and alleys) and 14-412 (Standards for private streets only). 3. Health director approval of individual private wells and/or septic systems. 4. A maintenance agreement must be submitted and approved by the County Attorney, as specified in Section 14-317 of the Subdivision Ordinance. ATTACHMENTS: A. Site Plan B. Location/Detail Maps C. Existing Site Photographs D. Applicant Justification E. Engineering Memo 4 AAA SELLON UNV 13BH8 H3AOO 69 dVA XVI =10 OW -SOLIV4 -LVld NOISLAIGMS AWNIM4 rGUd i ULI UJ I VJStAa-nRo II Ad. 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U, nn; JAL 1 Is fit J�ij yea I" py'= VIS fit "M 1H UN " IN !pV'_iI iM 370 nlui ii a R INo MEN ,I MENFROM EMEME ENFA EFAM molm MOVIE ME malum �Wfiffim �Wffi w is is I a t 1. 8 <jZ p N ❑� _+ 1 f❑ I I 1 n USE a I� oft h ch Jr k- 0 County of Albemarle Department of Community Development Memorandum To: Megan Yaniglos, Senior Planner From: Amy Pflaum, Engineer Division: Current Development, Engineering Plan Review Date: 10 September 2008 REV 1: Jannapy S, 2009 Subject: SUB200800183. Belle Vista Subdivision, Warm Blood Road, private street request The request for a private street submitted according to Subdivision Ordinance section 14-232 has been reviewed. The proposed street is an upgrade to an existing driveway currently serving the parcel. The private street would be required to meet the standard for private streets serving three to five lots (14- 412A2)_ A standard turnaround is proposed at the point where one driveway exits the street, and the street may be reduced to the two -lot standard. The proposed subdivision creates three residential lots. The projected traffic expected from three lots is 30 vehicle trips per day. The proposed private street is adequate to carry this traffic volume. The proposed design of the private street meets the following requirements of the ordinance for streets serving three to five lots (14412A2): minimum K values for vertical curves (5 and 15). 100-foot sight distance, 30-foot minimum easement width (50 foot is proposed), horizontal curve minimum 40-foot radius, and I4-foot minimum travelway width. A public street to serve this subdivision would need to meet the VDOT standards for a Rural Local Road serving less than 400 vehicle trips per day. The requirements are as follows: minimum K values for vertical curves (7 and 17), 125-foot sight distance, 50-foot minimum casement width, horizontal curve minimum 108-foot radius, and an 18-foot travelway width. The street, as proposed. does not meet the public road standard for K values and travelway width. Constructing a public street to meet these requirements would require more earthwork and more disturbance to the existing driveway bridge than the construction of a private street. Engineering has no objection to the private street waiver request. Attachment E LAMDSURVORNO LAND PLANNING; J. THOMAS GALE, L.S. MARILYNN R. GALE, L.S. WILUAMJ. LEDBI; PTER. L.5 EDWARD D. CAMPBELLOt, L.S. July 14, 2008 f� ROUDABUSH, GALE & ASSOC., INC. A PROFESSIONAL CORPORATION 9 t4 MONTICELLO ROAD CHARLOTTSSVILLE. VIRGINIA 22902 PHONE (434)2934251 (43A) 770205 FAX (434)2955220 INFO@ROUDABUSH=M WILLIAM S. ROUDABUSH. LS_ RE: Authorization request to allow a private Toad in the subdivision of TMP 69-50C into two lots resulting in 3 lots from the original parent parcel formerly known as TW 69-50C. Dear Members of the Planning Commission: On behalf of the applicant, and in accordance with County Code Section 14-232A3, i am hereby requesting for the existing private road shown on attached Exhibit A from Point X to Point W to be authorized as a private road for the purpose of subdividing existing Lot 2 (59-50C) into Lots 2A and. 2B as shown on attached Exhibit A, nn the basis that the general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the existing private road from Point X to Point Z. Specific reasons supporting this request are as follows: 1. The existing private road from Point X to Point W either meets or is very close to the County's private road standards for 3-5 lots. As a result, minimal or no additional road work would need to be performed if the private road option is allowed. The wired cross section of a required state road would require widening and the regrading of the shoulder and ditch sections to meet state standards. Also, despite the fact that the existing road has a prime and seal coat, which is above the County's private road standards, pursuing a state road would be disruptive enough to make it impractical to save the existing pavement structure, and thereby make it necessary to completely re- pave the road from Point X to Point W. 2. It is VDOT°s policy to only accept a road into the state system if it is serving three or more residences. Because there would be only three lots involved in the entire subdivision if Lot 2 is further divided'into two lots, and because of the physical constraints of the property which would not easily accommodate a turn -around location beyond Point W, the proposed turn -around would only be adjacent to two lots instead of the three lots required by VDOT to be considered for state road acceptance. 3. The owner is willing to not exercise his remaining three development rights to further subdivide his property if he is successful in dividing Lot 2 (TNT 69-50C) into Lot 2A and 2B. (He would retain one right with new Lot 2A with the understanding Lot 2A could not be further divided and he would forfeit the remaining two rights.) He is willing to assure the County of this in a way that is acceptable W the County attorney. On behalf of the applicant, your consideration in granting a private road authorization from Point X to. Point W on the attached exhibit is appreciated. Sincerely, JC'M '� Torn Gale, L.S. Attachment D VEW -M STD VOLYTF, 1671 Vlew OF LCWION O:p TWF059D TUEN Af-aAb V WQNZr Y. -R7 6&M •��''+ -. - - -mow \I[E\A L DV R6( SACL ID VIEW 'F" sxKrt7N4 -MVF, ?K6r,'p C-tAl. c15TINJAVIE Attachment C