HomeMy WebLinkAboutSUB201700190 Review Comments Final Plat 2019-02-26County of Albemarle
Department of Community Development
Memorandum
To: Mr. C. Steve Garrett, LS — Commonwealth Land Surveying, LLC (melod bahgaol.com)
From: Tim Padalino, AICP (tpadalino(&albemarle.org)
Division: Planning
Date: February 26, 2019
Subject: UPDATED Review Comments for SUB-2017-00190
(Harms Final Plat / TMP #21-40A1)
A review of the above -referenced final plat (dated 1/31/2019) and associated documents has been completed by Planning
Division staff in Albemarle County's Community Development Department (CDD). This review was completed using
the sections listed under Section § 14-207 of the Subdivision Ordinance. Staff has provided references to Chapter 14
(Subdivision Ordinance) and/or Chapter 18 (Zoning Ordinance) of the County Code preceding each comment. The
County Code is kept up-to-date by the County Attorney's office and may be found at www.albemarle.orgJcouniycode.
Pursuant to Subdivision Ordinance § 14-207 and § 14-209, the application for the above -referenced final plat is
disapproved. Please see the corresponding "Action Letter — Notice of Disapproval" (dated 2/26/2019).
Planning:
Requirements:
1. [Chapter 14, Section 14-302(A)-9 and Chapter 18, Sections 4.2.1 and 4.2.21: Please demonstrate that
proposed Lot 1 and proposed Lot 3 each contain a Building Site that complies with Zoning Ordinance Sections
4.2.1 and also 4.2.2. Specifically, please graphically depict the location, area, and dimensions of each Building
Site on each proposed lot to demonstrate compliance with the "building site area and dimensions" requirements
contained in 4.2.2(a)-1.
Updated Comment 10/22: Not addressed. Plat shows "Buildable Area[s]" which contain no dimensions and
with no area specified, and which appear to be less than 30,000 square feet; please demonstrate compliance with
Building Site requirements as specified above.
Updated Comment 1/18/2019: Addressed.
2. [Chapter 18, Sections 4.2.2(a)-1 and 4.2.4; and Chapter 14, Sections 14-309 and 14-3101: County Code
requires two (2) VDH-approved subsurface drainfields for each building site for a dwelling unit. Therefore,
please provide documentation of VDH approval(s) for two (2) subsurface drainfields for each proposed building
site (one on proposed Lot 1 and the other on proposed Lot 3); or, please provide soils suitability evaluations to
CDD to be transmitted to VDH for review and approval.
Additionally, Z,O. 4.2.2. states that "The building site shall have adequate area for locating two (2) subsurface
drainfields approved by the Virginia Department of Health if the lot will be served by a conventional onsite
sewage system." And Z.O. 4.2.4 states that "Any onsite sewage system shall be located within a building site."
Although the plat appears to show two proposed drainfields for new lots on Lot 1 and on Lot 3, please note that
proposed drainfields for Lot 1 and Lot 3 are not shown "within a building site."
Page 1 of 8
Updated Comment 10/22: Not addressed. To date, no soils report or drainfield plat has been provided for
transmittal to and review by the VDH; and no documentation of VDH approval of this proposed final plat has
been provided.
Updated Comment 1/18/2019: Addressed. County staff have received VDH approval documentation (dated
12/17/2018) recommending that the subdivision approval be issued.
3. [Section 14-302(B)-91: Please add a note stating that the subject properties shown on this plat are located in
"Zone X" per FIRM Panel 51003C0145D and do not contain any flood hazard overlay district(s).
Updated Comment 10/22: Addressed.
4. [Section 14-302(B)-101: Please add a note stating that the subject properties shown on this plat do not contain
any stream buffers required by the water protection ordinance.
Updated Comment 10/22: Not addressed. No such comment has been added. Additionally, the plat shows a
"100' Buffer" which does not exist, according to Albemarle County GIS-Web. Please remove buffer line and
buffer label, and please add note as specified above.
Updated Comment 1/18/2019: Addressed.
5. [Sections 14-232, 14-234, and 14-3061: The proposed new 30' private street in the Rural Areas district requires
County authorization; please submit such a request pursuant to Sections 14 232(B` 2 and 14-234(A)-1(a).
Update 5/3/2018: CDD staff have determined that the private street request that is required for the proposed new
30' private street is not eligible for Agent review or approval (as may be appropriate) pursuant to 14-232(B)-2,
because it would not be "the sole and direct means of access to a public street." Therefore, the request for a
private street must be submitted pursuant to Sections 14-232(A) and 14-234(A)-1, which require review and
approval (as may be appropriate) by the Albemarle County Planning Commission.
Updated Comment 10/22: Proposed "New 30' Access Easement" needs to be labeled as a new "30' Private
Street." A proposed new 30' private street in the Rural Areas district would require a private street authorization
request to be submitted and approved pursuant to Subdivision Ordinance Sections 14-232 and 14-234. Please
note that a proposed new private street authorization request for the proposed private street (as shown) would not
be eligible for review or authorization by the Agent pursuant to 14-232(B)-2 because the proposed private street
(as shown) would not "serve only those lots" and would not "be the sole and direct means of access to a public
street."
Therefore, the plat would need to be revised to provide access to and to provide frontage for the proposed Lot 1
utilizing the "Existing 30' Private Street" plus an authorized private street extension from that existing private
street (the same, or similar to, what was previously shown in the proposed plat dated 10/10/2017). This would
require a private street authorization request to be submitted pursuant to Subdivision Ordinance Sections 14-
232(A) and 14-234, and to be approved by the Planning Commission.
Updated Comment 1/18/2019: Not addressed. Staff acknowledge the "New 30' Private Street" label. However,
no private street authorization request has been submitted pursuant to Subdivision Ordinance Sections § 14-232
and § 14-234. The proposed new private street is not permissible without a private street authorization pursuant to
§ 14-232(A) or § 14-232(B), as may be applicable.
Updated Comment 2/22/2019: Staff acknowledges receipt of the private street authorization request.
Please note this request incorrectly specifies that the request is being made pursuant to County Code
Chapter 14, Section 14-233 ("When private streets in development areas may be authorized."). Staff
presumes that the request is intended to be made pursuant to Section 14-232 ("When private streets in
rural areas may be authorized."), based on the ensuing inclusion of excerpts of subsections 14-323 (13.1.)
and (13.2.).
Staff has not taken an administrative action on this private street authorization request, due to the other
unresolved issues identified elsewhere in this comment letter that preclude approval of the final plat (as
proposed).
Page 2 of 8
6. [Sections 14-235(A) and 14-3171: If the request for the proposed new 30' private street is approved, a road
maintenance agreement would need to be prepared and submitted for review and approval by the County
Attorney's Office
Update 5/3/2018: If the private street request for the proposed new 30' private street is approved by the Planning
Commission, the required road maintenance agreement would need to be prepared, submitted, and reviewed in
conjunction with the review of the subdivision plat, and would need to be approved by the County Attorney's
Office prior to County approval of the final plat.
Updated Comment 10/22: If a private street authorization request for the proposed new 30' private street is
approved, a required road maintenance agreement would need to be prepared, submitted, and reviewed in
conjunction with the review of the subdivision plat, and would need to be approved by the County Attorney's
Office prior to County approval of the final plat.
Staff acknowledge that such an agreement was submitted with this final plat application received October 1,
2018; however, that agreement incorrectly refers to "LOT 1 and LOT 2," whereas it should refer to "LOT 1 and
LOT 3." ("LOT 2" which is further identified as TMP#21-40A2 is not involved in this final plat, and should not
referenced in the private street authorization request or private street maintenance agreement.) Any such private
street maintenance agreement would need to correctly describe the parcels involved.
Additionally, please note that further revisions to this plat may necessitate corresponding revisions to the private
street maintenance agreement.
Updated Comment 1/18/2019: Addressed. The County Attorney's Office reviewed the proposed private street
road maintenance agreement and indicated on 10/8/2018 that it was ready to be signed and notarized and
submitted for County approval.
Updated Comment 2/22/2019: Staff acknowledges the previous review and approval of the draft private
street road maintenance agreement (as noted above on 1/18/2019). However, the most recent final plat
(dated 1/31/2019) depicts a different private street alignment; therefore, a revised maintenance agreement
specific to the proposed private street(s) shown on the most recent final plat must be prepared, submitted,
and reviewed by the County Attorney's Office, and is subject to County approval.
[Sections 14-410(F), 14-412(A)-1, and 14-412(A)-2]: If the request for the proposed new 30' private street is
approved, the existing 30' private street would need to be physically upgraded to meet the required standards and
specifications for private streets serving three to five (3-5) lots (per Chapter 14, Section 14-412(A)-2); however,
the proposed new 30' private street (as shown) could be constructed to meet the required standards and
specifications for private streets serving two (2) lots (per Chapter 14, Section 14-412(A)-1). Please see the
attached color exhibit which attempts to illustrate the locations of different minimum design requirements.
Update 5/3/2018: As explained in email correspondence dated 4/9/2018, if the private street request for the
proposed new 30' private street is approved, it would be necessary [pursuant to County Code Sections 14-306
and 14-311(I)] to prepare and submit for County review and approval an application for road plans which
demonstrates that the upgraded/improved private street and proposed new private street would be constructed to
meet all applicable minimum standards and design requirements (as specified in Section 14-412).
Updated Comment 10/22: Comment not applicable to the most recent resubmittal; however, if the plat is further
revised and resubmitted in response to the review comments contained in this letter, this information (above)
would likely be applicable.
Updated Comment 1/18/2019: No change; see "#7 Updated Comment 10/22" (above).
Updated Comment 1/18/2019: No change — comment not applicable to the most recent resubmittal; see
"#7 — Updated Comment 10/22" (above).
8. [Sections 14-235(B) and 14-303(N)]: If a request for a proposed new 30' private street is approved, the final plat
shall contain the following statement: "The streets in this subdivision may not meet the standards for acceptance
into the secondary system of state highways and will not be maintained by the Virginia Department of
Transportation or the County of Albemarle."
Updated Comment 10/22: Not addressed. Please add note as specified above.
Page 3 of 8
Updated Comment 1/18/2019: Addressed.
9. [Section 14-3161: VDOT review and approval of this plat, including approval of the proposed new entrance onto
Preddy Creek Road, is required prior to County approval of this plat (as may be applicable).
Updated Comment 1/18/2019: Not addressed. VDOT previously provided review comments on 10/25/2018,
after the previous review comment letter (dated 10/23/2018) was issued by the County to the applicants. The
revised plat resubmittal (dated 12/4/2018) was transmitted to VDOT on 12/11/2018. To date, no VDOT review
comments have been received regarding the revised plat resubmittal, and the prior review comment provided by
VDOT does not appear to be addressed (subject to VDOT comment/determination).
Updated Comment 2/22/2019: Addressed. VDOT indicated on 2/12/2019 that the proposed plat is
"generally acceptable."
10. [Chapter 14, Section 14-403 and Chapter 18, Section 10.41: The "Lot frontage" requirements contained in
Subdivision Ordinance Section 14-403 require each lot to have frontage on an existing or proposed public
or private street. Additionally, the "area and bulk regulations" for the Rural Areas district contained in
Zoning Ordinance Section 10.4 require a minimum of 250' of frontage on existing public roads or a
minimum of 150' of frontage on an authorized private street. There is not enough frontage along Preddy
Creek Road to provide both proposed Lot 1 and proposed Lot 2 with the required minimum 250' of
frontage; therefore, the proposed Lot 1 would need to have frontage on an authorized private street.
(Please see review comment #6, above.)
Staff acknowledges that proposed Lot 3 would continue to utilize the frontage on the existing 30' private
street to meet the applicable "lot frontage" and "area and bulk regulations" requirements.
11. [Chapter 18, Sections 18-10.2.1 and 18-10.3 and Chapter 14, Section 14-1011: The proposed division shown
on this final plat is not permissible due to insufficient remaining Development Rights. Community
Development Staff has completed the following research:
Histor :
• 12/10/80 — TMP 21-40A appears on Tax Maps 21 and 33 as an approximately 27.6 acre parcel; these
1980 Tax Maps are attached as Exhibits Al and A2.
o TMP 21-40A appears to have 5 development rights based on its appearance on these Tax Maps.
• SUB 1992-115 Warfel, Marshall C. and Stella (recorded at DBP 1247/471-472); this is attached as
Exhibit B.
o This plat subdivided the former TMP 21-40A. 16.29 acres was added to a portion of TMP 21-
40D, leaving a residue of 11.34 acres in a reconfigured TMP 21-40A. Under the recorded plat,
the 16.29-acre portion could be further divided into two lots, and the 11.34 acre portion could be
further divided into three lots. This represented a full assignment of all the development rights
available to the former TMP 21-40A.
• SUB2014-199 Harms Rural (recorded at DBP 4582/294-295)
o This plat subdivided the 11.34-acre property created by SUB1992-115 Warfel, Marshall C. and
Stella (recorded at DBP 1247/471-472). The subdivision resulted in two lots: Lot 1 of 6.34
acres and a residue lot of 5.0 acres (the current TMP 21-40A). Following this division, the
11.34-acre parcel from 1992 consisted of two lots, allowing the creation of only one additional
lot.
• SUB2014-198 Harms 2 Lot Final (recorded at DBP 4583/5-5A)
o This plat subdivided lot 1 created by SUB2014-199 Harms Rural (recorded at DBP 4582/294-
295). The subdivision resulted in two lots: Lot 1 of 4.0 acres (TMP 21-40A1) and Lot 2 of 2.34
acres (TMP 21-40A2). This subdivision consumed the development right available from
SUB 1992-115 Warfel, Marshall C. and Stella (recorded at DBP 1247/471-472).
(Analysis):
• The 5 development rights available to TMP 21-40A as it existed on 12/10/80 have been allocated as
follows:
o TMP 21-40A1 has 1 development right and may not be further divided.
Page 4 of 8
o TMP 21-40A2 has 1 development right and may not be further divided.
o TMP 21-40A has 1 development right and may not be further divided.
o TMP 21-40D has 2 development rights and may be further divided.
o TMP 21-40D may allocate 1 development right to TMP 21-40A or TMP 21-40A 1 to allow
further division. (TMP 21-40A2 does not have sufficient acreage to allow it to receive
assignment of a development right.)
Virginia Department of Health (VDH):
County staff have received VDH approval documentation (dated 12/17/2018) recommending that the subdivision
approval be issued.
Virginia Department of Transportation (VDOT):
County staff have received VDOT approval documentation (dated 2/12/2019) indicating no objection to the proposed
final plat.
Please contact Tim Padalino at 434-296-5832, ext. 3088 or tpadalino@albemarle.org with any questions or requests for
assistance. Thank you.
Page 5 of 8
Exhibit Al: 1980 Tax Map 21
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Exhibit A2: 1980 Tax Map 33
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