HomeMy WebLinkAboutSUB201800066 Staff Report 2018-06-26FINAL ACTIONS
Planning Commission Meeting of June 26, 2018
AGENDA ITEM/ACTION
FOLLOW-UP ACTION
1. Call to Order.
• Meeting called to order at 6:00 p.m. by
Chair Keller.
• PC members present were Mr. Dotson,
Ms. Firehock, Chair Keller, Mr. Bivins,
Ms. More and Mr. Palmer (UVA Rep).
Absent were Vice -Chair Riley and Ms.
Spain.
• Staff members present were Cameron
Langille, Chris Perez, Bill Fritz, Andrew
Gast -Bray, Sharon Taylor and John
Blair.
2. Other Matters Not on the Agenda from
Clerk:
the Public
No action required
None
3. Consent Agenda
Staff:
SUB-2018-00066 St. Francis Avenue
Action letter — SUB-2018-00066 as noted in actions
with the conditions as shown in Attachment 1.
Subdivision — Road Plans
Request for private street approval in
accordance with 14-232(A) and 14-234 of
the Subdivision Ordinance (Cameron
Langille).
APPROVED, by a vote of 5:0. (Riley, Spain
absent).
4a. Public Hearing Items.
Clerk: This matter will be forwarded to the Board of
SP-2017-00026 Western Albemarle High
Supervisors to be heard on a date to be determined.
Staff: Action Letter — Recommend Denial of SP-2017-
School - Tier III Personal Wireless Service
Facility
MAGISTERIAL DISTRICT: White Hall
00026 and Special Exceptions as noted in the actions.
TAX MAP/PARCEL: 056000000017CO
LOCATION: Western Albemarle High School
located at 5941 Rockfish Gap Turnpike,
Crozet, VA 22932
PROPOSAL: Construction of a one hundred
and forty five (145) foot tall steel monopole
with three (3) antenna arrays. A special
exception has been requested to allow the
disturbance of critical slopes onsite and a
special exception to the flush mount
provisions of the ordinance to allow the
closest point of the back of the antenna to
project more than the permitted 12 inches
from the monopole. However, all arrays
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Albemarle County Planning Commission
FINAL Action Memo - 06-26-2018
Page 1
will still comply with the 18-inch maximum
standoff distance for the farthest point of
the back of the antenna. The tower is
located behind the bleachers adjacent to
the football field on the eastern side of the
parcel.
PETITION: Section 10.2.2(48) of the zoning
ordinance which allows for Tier III personal
wireless service facilities in the RA, Rural
Areas district.
ZONING: RA Rural Areas - agricultural,
forestal, and fishery uses; residential
density (0.5 unit/acre in development lots)
OVERLAY DISTRICT: EC- Entrance Corridor
PROFFERS: No
COMPREHENSIVE PLAN: Rural Area 3 -
preserve and protect agricultural, forestal,
open space, and natural, historic and scenic
resources/ density (0.5 unit/ acre in
development lots)
(Chris Perez)
RECOMMEND DENIAL, by a vote of 4:1
(Bivins Nay)(Spain, Riley absent) of SP-
2017-00026 for the following reasons
including the unfavorable factors outlined
in staff report as shown in Attachment 2.:
- The proposal violates the County's
ordinance.
- The facility is inconsistent with the
Comprehensive Plan and
- The ARB does not support or
recommend approval.
RECOMMEND DENIAL, by a vote of 5:0
(Spain, Riley absent) of the Special
Exceptions to sections 5.1.40(b)(2)(b) (size)
and section 5.1.40(b)(2)(c) (projection) and
section 4.2.5 (disturbance of critical slopes)
for the reason the Commission
recommended denial of the special use
permit as shown in Attachment 2.
The Planning Commission recessed at 7:44
p.m. and the meeting reconvened at 7:52
p. M.
4b. ZTA-2017-00010 Farmers Markets
Clerk: This matter will be forwarded to the Board of
Supervisors to be heard on a date to be determined.
The Planning Commission will hold a public
hearing on June 26, 2018 at 6:00 p.m. in
the County Office Building, 401 McIntire
Staff: Action Letter — Recommend Approval for ZTA-
Road, Charlottesville, Virginia 22902, to
2017-00010 as noted in the actions.
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Albemarle County Planning Commission
FINAL Action Memo - 06-26-2018
Page 2
receive comments on its intent to
recommend adoption of the following
ordinance changes to the Albemarle County
Code: Amend Section 18-5.1.47 to establish
regulations for by right farmers' markets
including prohibitions on amplified sound
and lighting, limiting by right farmers'
markets to twice a week, prohibiting by
right farmers' markets from operating
when the primary use of the property is
occurring, and limiting by -right farmers'
markets to properties subject to approved
site plans pursuant to Section 18-32 and
limiting parking to the parking areas shown
on the property's approved site plan;
Amend Sections 18-10.2.-1, 18-11.3.1, and
18-12.2.1 to permit farmers' markets as a
by right use. A copy of the full text of the
proposed ordinance amendments is on file
in the office of the Clerk of the Board of
Supervisors and in the Department of
Community Development, County Office
Building, 401 McIntire Road, Charlottesville,
Virginia. (Bill Fritz)
RECOMMEND APPROVAL, by a vote of 5:0
(Riley, Spain absent) of ZTA-2017-00010
proposed ordinance with the changes
shown this evening with the correction of
accessory to a more accurate term.
4c. ZTA-2018-00004 Beekeeping
Clerk: This matter will be forwarded to the Board of
The Planning Commission will hold a public
Supervisors to be heard on a date to be determined.
hearing on June 26, 2018 at 6:00 p.m. in
the County Office Building, 401 McIntire
Staff: Action Letter — Recommend Approval for ZTA-
Road, Charlottesville, Virginia 22902, to
2018-00004 as noted in the actions.
receive comments on its intent to
recommend adoption of the following
ordinance changes to the Albemarle County
Code: Amend Section 18-3.1 to add a
definition of urban beekeeping; Amend
Sections 18-12.2.1, 18-13.2.1, 18-14.2.1,
18-15.2.1, and 18-16.2.1 to list urban
beekeeping as a by right use, and add
Section 18-5.1.63 to establish
supplementary regulations for urban
beekeeping to establish setback regulations
for beehives, a warning sign requirement,
prohibition of wax combs and other
material left on the grounds that might
encourage robbing by other bees,
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Albemarle County Planning Commission
FINAL Action Memo - 06-26-2018
Page 3
beekeeping equipment regulations, and
establishing a maximum number of bee
colonies pursuant to a lot's size. A copy of
the full text of the proposed ordinance
amendments is on file in the office of the
Clerk of the Board of Supervisors and in the
Department of Community Development,
County Office Building, 401 McIntire Road,
Charlottesville, Virginia. (Bill Fritz)
RECOMMEND APPROVAL, by a vote of 4:1
(Keller nay)(Riley, Spain absent) of ZTA-
2018-00004 proposed ordinance as
provided in Attachment B of the staff
report.
5.
Committee Reports
Ms. More reported:
Crozet CAC met and had Beaver Creek
Reservoir assessment presentation.
Ms. Firehock reported:
Historic Presentation Committee met —
Yancey School reuse dinner on Saturday.
6.
Old Business
Secretary:
Discussion held on progress of resolution of
• None
intent adopted previously.
APPOINTED Committee to find ways to
improve process of Bruce Dotson and Karen
Firehock in consultation with Mr. Blair and
the senior staff; then report back to the
Commission on July 17.
7.
New Business
Staff:
• Request for dimensions of the
• None.
auditorium for comparisons.
• Consistency of staff report — use of grid
on front page helpful.
• There will be no Planning Commission
meeting on Tuesday, July 3, 2018 and
July 10, 2018.
• The next meeting will be on Tuesday,
July 17 in Auditorium at 6:00 p.m.
8.
Items for follow-up
Discussed tentative schedule for
presentations on Wireless Policy, Regional
Housing Update, Regional Study Update
with PEC and Biscuit Run and Community
Recreational Needs Assessment.
9.
Adjourn to July 17, 2018 Albemarle County
Planning Commission meeting, 6:00 p.m.,
Auditorium, Second Floor, County Office
211ES!
Albemarle County Planning Commission
FINAL Action Memo — 06-26-2018
Page 4
Building, 401 McIntire Road, Charlottesville,
Virginia.
• The meeting adjourned at 9:34 p.m.
Attachment 1: SUB-2018-00066 St. Francis Avenue Subdivision — Road Plans — Planning Commission
Recommendation
Attachment 2: SP-2017-00026 Western Albemarle High School - Tier III Personal Wireless Service
Facilit —Planning Commission Recommendation.
Albemarle County Planning Commission
FINAL Action Memo — 06-26-2018
Page 5
Attachment 1—
SUB-2018-00066 St. Francis Avenue Subdivision — Road Plans — Conditions of Approval.
The Planning Commission approved SUB201800066 St. Francis Avenue Subdivision — Road Plans from
Section 14-232 and 14-434 - Authorization of two Private Streets within the Rural Areas with the
following conditions:
a. The private street shall be bonded prior to final plat approval.
b. A private street maintenance agreement shall be recorded with the final plat.
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Albemarle County Planning Commission
FINAL Action Memo - 06-26-2018
Page 6
Attachment 2: SP-2017-00026 Western Albemarle High School - Tier III Personal Wireless Service
Facility —Planning Commission Recommendation.
RECOMMEND DENIAL, by a vote of 4:1 (Bivins Nay)(Spain, Riley absent) of SP-2017-00026 for the
following reasons including the unfavorable factors outlined in staff's report as shown in Attachment 2.
- The proposal violates the County's ordinance.
- The facility is inconsistent with the Comprehensive Plan.
- The ARB does not support or recommend approval.
Factors unfavorable to this request include:
1. The proposal fails to meet section 5.1.40(b)(6) of the ordinance because the location and height
of the monopole does not provide adequate opportunities for screening and the facility is not
sufficiently sited to minimize its visibility from adjacent parcels.
2. The proposal fails to meet section 5.1.40(b)(2)(b) of the ordinance because the size of the
Shentel antenna is larger than 1,400 square inches. This increases the bulk atop the tower,
which increases visibility of a highly visible tower.
3. ARB does not support or recommend approval of the facility.
4. Under FCC regulations if approved the monopole would be permitted to increase in height by 20
feet and install antenna extending up to 20 feet from the monopole which would further
increase the visibility of the facility.
5. The facility is inconsistent with the Comprehensive Plan.
RECOMMEND DENIAL, by a vote of 5:0 (Spain, Riley absent) of the Special Exceptions to sections
5.1.40(b)(2)(b) (size) and section 5.1.40(b)(2)(c) (projection) and section 4.2.5 (disturbance of critical
slopes) for the reason the Commission recommended denial of the special use permit as shown in
Attachment 2.
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Albemarle County Planning Commission
FINAL Action Memo - 06-26-2018
Page 7
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB201800066 St. Francis
Staff: Cameron Langille, Senior Planner
Avenue Subdivision — Private Street Request
Planning Commission meeting:
Board of Supervisors meeting:
June 26, 2018
Not applicable
Owners: Barry W. Wood
Applicant: Kelly Strickland, Shimp Engineering,
P.C.
Acreage: 16.995
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: 03100-00-00-00700, 03100-00-00-012BO
By -right use: RA Rural Area - agricultural,
Location: 4180 Earlysville Road (Route 743)
forestal, and fishery uses; residential density (0.5
unit/acre in development lots
Magisterial District: Rio
Proffers/Conditions: Proposed
Requested # of Dwelling Lots: 5
DA — X
Proposal:
Comp. Plan Designation: Rural Area 1 -
1. Request for private street approval in
preserve and protect agricultural, forestal, open
accordance with 14-232(A) and 14-234 of
space, and natural, historic and scenic resources;
the Subdivision Ordinance.
residential (0.5 unit/ acre in development lots)
Character of Property: Existing single-family
Use of Surrounding Properties: Primarily
residence on TMP 31-12B. TMP 31-7 is heavily
residential uses (large lots with single family
wooded.
homes), and the Earlysville Animal Hospital
adjacent to TMP 31-7.
Factors Favorable:
Factors Unfavorable:
1. The proposed private street meets the
1. None
requirements for authorization under
Section 14-232(A)(1).
2. The private street exhibit demonstrates
compliance with the design standards for
private streets serving three to five lots in
the rural areas under Sections 14-410 and
14-412 (A)(2)(a).
3. Engineering and Fire and Rescue staff have
no objections to the authorization of the
private street.
RECOMMENDATION:
14-232 and 14-234 - Staff recommends approval of the private street to serve five lots proposed by the
subdivision of TMP 31-7 with the following conditions:
a) The private street shall be bonded prior to final plat approval.
b) A private street maintenance agreement shall be recorded with the final plat.
STAFF PERSONS: Cameron Langille, Senior Planner
PLANNING COMMISSION: June 26, 2018
AGENDA TITLE: SUB201800066 — St. Francis Avenue Subdivision — Private Street
Request
APPLICANT: Kelly Strickland, Shimp Engineering, P.C.
PROPERTY OWNER: Barry W. Wood
APPLICANT'S PROPOSAL:
Request for private street approval to serve a proposed five lot residential subdivision on Tax Map Parcels
03100-00-00-00700 and 03100-00-00-012B0. Both parcels are located along Earlysville Road,
approximately 0.5 miles northeast of the intersection between Reas Ford Road and Earlysville Road
[Attachment A].
This request proposes to extend an existing private street, known as St. Francis Avenue, that was approved
by the Albemarle County Planning Commission in 1989, in order to provide the new residential lots with
parcel frontage [Attachment B]. The existing segment of St. Francis Avenue provides street frontage and
access to Tax Map Parcel (TMP) TMP 03100-00-00-007B0, which is currently occupied by the Earlysville
Animal Hospital.
Exhibit A depicts the proposed alignment of the St. Francis Avenue extension if designed to Albemarle
County private street standards [Attachment C].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates these properties as Rural Area 1.
SELECTED PLANNING AND ZONING HISTORY:
SDP1989-093 Earlysville Animal Hospital — Final Site Plan
Approved 12-21-1989. Final site plan approval for a veterinary office building measuring 3,704
sq. ft. on 3.005 acre portion of Tax Map Parcel 31-7. The final site plan also included the
driveway and a portion of what is now known as St. Francis Avenue private street that enters
onto Earlysville Road.
SUB1989-252 Richmond Diocese Administrative Plat
Approved on 12-27-1989. The plat created a new 3.005 acre lot by subdividing TMP 31-7,
leaving the residual parcel acreage as 16.01 acres. The plat also created a 50 private street
right of way centered on the parcel boundaries separating the new lot and the residue of TMP
31-7. The portion of St. Francis Avenue that was approved for construction through SDP1989-
093 is located within the 50' private street right of way.
SUB2017-181 St. Francis Avenue Subdivision — Preliminary Plat
Approved 12-22-2017. The plat proposed a boundary line adjustment between TMP 31-7 and 31-
12B, and then a subdivision to create four new residential lots from the residual acreage. The
new lots measure between 2.1 and 4.6 acres in size.
REASON FOR PLANNING COMMISSION REVIEW:
Lot frontage on a public or private street is a minimum requirement of the both the Subdivision
Ordinance and Zoning Ordinance. The applicant has requested one private street to be authorized per
Section 14-232(A)(1) for frontage purposes [Attachment A].
2
There is one request to be considered with this application:
I. Section 14-232 and 14-234 -Authorization of one Private Street within the Rural Area
(Ordinance language presented in bold italics followed by staff comment)
1. 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.
ANALYSIS OF SECTION 14-232(A)(1) To Alleviate Significant Degradation to the Environment:
One or more private streets may be authorized if.•
(i) the property is within either the rural areas (RA) or village residential (VR) zoning districts;
The extension of St. Francis Avenue will serve a subdivision proposing to create four (4) new lots for
single-family detached residential use. The parent tract that will be subdivided measures 15.885 acres and
is identified as Tax Map Parcel 03100-00-00-00700. The private street extension will also serve a fifth
existing lot, TMP 03100-00-00-012B0, which is occupied by a single-family dwelling [Attachment C].
As part of the subdivision plat, TMP 31-12B will be enlarged through a boundary line adjustment to
increase its size from 1.07 acres to 2.49 acres. Both subject parcels are zoned RA and are located in Rural
Area 1 of the Comprehensive Plan.
(ii) the private streets will alleviate a clearly demonstrable likelihood of significant degradation to the
environment of the property or any land adjacent thereto resulting from the construction of a public
street in the same alignment;
The applicant has provided an exhibit that shows how a public street could be designed to provide Lots 1-
4 with the minimum parcel frontage required by the Zoning Ordinance [Attachment D]. Section 14-411
of the Subdivision Ordinance requires all public streets within a subdivision to be designed in accordance
with Virginia Department of Transportation (VDOT) standards. The applicant's justification statement
explains that a public street would need to be eight feet (8') wider, or 57%, than the width of a private
street in order to meet VDOT standards.
The VDOT Secondary Street Acceptance Requirements (SSAR) are the regulations which govern
acceptance of new public streets into secondary system of state highways by VDOT. The SSAR
regulations include an interconnectivity provision that must be met prior to VDOT acceptance.
Attachment D shows St. Francis Avenue extending to the adjacent parcel boundary in the form of a stub -
out in order to meet SSAR requirements. The justification statement explains that a public street would
need to be two -hundred and sixty-one feet (26l'), or 28%, longer than the private street. As such, the area
needed for pavement, curb, and gutters on a public street would require additional grading and removal of
trees on TMP 31-7 than what is needed to construct a private street. Furthermore, the length of drainage
ditches needed to capture runoff from a public street would require installation of stormwater management
devices that would also increase the overall land disturbance.
The County Engineer has reviewed the differences in design between public and private streets needed
for this development, and agrees with the applicant's justification statement that a private street minimizes
land disturbances and degradation to the environment [Attachment E]. Approval of the private street
request would alleviate significant degradation to the environment.
3
(iii) no alternative public street alignment is available which would alleviate significant degradation
of the environment;
The new private street will be partially constructed within an existing private street right-of-way located
on TMP 31-7. That right-of-way was approved with SUB1989-252 and is recorded with the Albemarle
County Circuit Court Clerk in Deed Book 1082, pages 640-645 [Attachment F].
As previously mentioned, a portion of St. Francis Avenue already exists as a private street that serves the
Earlysville Animal Hospital on TMP 31-7B, which is adjacent to the proposed subdivision. VDOT does
not allow new public streets to be accessed solely from private roads. Therefore, the existing segment of
St. Francis Avenue on TMP 31-7B would need to be reconstructed to meet VDOT public street standards
in order to allow the residential subdivision to occur. This will intensify onsite environmental degradation
through additional construction activity. No alternative public street alignment is available that would
alleviate significant degradation to the environment.
(iv) no more lots are proposed on the private streets than could be created on a public street due to
right-of-way dedication;
Approval of the private street will not enable more lots to be created than what is currently permitted by
the County Code. The private street will allow TMP 31-7 to utilize its four (4) remaining development
rights in accordance with the Albemarle County Zoning Ordinance and Subdivision Ordinance.
(v) the proposed private streets demonstrably promote sensitivity toward the natural characteristics of
the land and encourages the subdivision of land in a manner that is consistent and harmonious with
surrounding development. The term "significant degradation" means either:
(b) Environmental impacts including, but not limited to, erosion and sedimentation, stormwater
runoff, surface water pollution, loss of tree cover and/or the loss of indigenous vegetation
resulting from a public street, which would be substantially greater than that of a private street
in the same alignment, based upon evidence submitted by the subdivider and reviewed by the
county engineer and other qualified staff.
TMP 31-7 currently contains extensive tree cover where the new lots will be located. As mentioned
previously, a public street would need to extend to the boundary line of an adjacent parcel in order to meet
VDOT SSAR interconnectivity requirements. This would result in clearance of trees on TMP 31-7 and
would increase the amount of impervious surface area within the right-of-way. Therefore, construction of
a public street would result in more erosion and sedimentation and additional stormwater runoff near
neighboring property boundaries.
Conversely, the private street will terminate in a turnaround near the center of the parcel and will not
encroach into the tree cover located at the rear of TMP 31-7. This alignment demonstrates sensitivity
toward the natural characteristics of the land. Furthermore, the private street design will be harmonious
with surrounding properties because it does not extend to the parcel boundaries of TMP 31-7.
ANALYSIS OF SECTION 14-232 (A)(3) General Welfare
One or more private streets may be authorized if the general welfare, as opposed 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.
Approval of the private street authorization request is in the best interest of the public health, safety, and
welfare. Attachment C demonstrates that the applicant has carefully considered how to align and construct
a new private street that minimizes land disturbances on TMP 31-7, while also meeting the minimum
4
parcel frontage and access requirements specified by the County Subdivision Ordinance. Environmental
degradation would be greatly increased in the form of stormwater runoff, soil erosion, and loss of existing
tree cover if the request is denied and the applicant is required to construct a public street that complies
with VDOT and Albemarle County design standards.
ANALYSIS OF SECTION 14-234:
Per Section 14-234(C), the Commission may authorize one or more private streets 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):
1. The private street will be adequate to carry the traffic volume which maybe reasonably expected to
be generated by the subdivision;
The amount of traffic expected on the proposed private street is minimal, with a projected volume of
40 vehicle trips per day. Staff from the Engineering and Fire and Rescue Divisions find that the design
is safe and adequate for this type of traffic.
2. The comprehensive plan does not provide for a public street in the approximate location of the
proposed private street,
The Comprehensive Plan does not provide for a public street in the location of the private street.
3. The fee of the private street will be owned by the owner of each lot 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 street;
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. At the time of final plat review, County Staff will require the applicant to prepare a
maintenance agreement that demonstrates compliance with Section 14-317, which will also be reviewed
and approved by the County Attorney. Staff will require the applicant to record the agreement along with
the final subdivision plat, pending Commission approval of the private street request.
4. Except where required by the commission to serve a specific public purpose, the private street 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. The requested extension will only connect to the existing
portion of St. Francis Avenue that intersects Earlysville Road in one location. No new connections with
the state highway system are proposed as part of the authorization request.
5. If applicable, the private street has been approved in accordance with section 30.3, flood hazard
overlay district, of the zoning ordinance and other applicable law.
The private street does not lie in a flood hazard overlay district and will not require any upgrades nor
impact the flood plain.
SUMMARY:
This proposal meets the requirements of the ordinance, therefore, Staff recommends approval of the
private street request with the following conditions:
a. The private street shall be bonded prior to final plat approval.
b. A private street maintenance agreement shall be recorded with the final plat.
5
SUMMARY AND RECOMMENDATION:
Staff recommends approval of the request outlined below:
1. Section 14-232 and 14-434 - Authorization of two Private Streets within the Rural Areas with the
following conditions:
a. The private street shall be bonded prior to final plat approval.
b. A private street maintenance agreement shall be recorded with the final plat.
ATTACHMENTS:
A. Applicant Justification/Private Street Request
B. Area map
C. Exhibit A — St. Francis Avenue — Proposed Private Road Exhibit
D. Exhibit B — St. Francis Avenue — Alternative Public Road Exhibit
E. Albemarle County Engineering Division Comments
F. Deed Book 1082, pages 640-645
0
PROIECT MANAGEMENT
SHIMPCIVIL ENGINEERING
LAND PLANNING
ENGMEE RINGa
Mr. Cameron Langille, Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22902
April 2, 2018
Re: SUB201700181 St. Francis Avenue Subdivision
Request for Authorization of a Private Road
In accordance with Section 14.232 and 14.234 of the Subdivision Ordinance, please consider this request to authorize a
Private street to serve a rural area subdivision. The private street will be an extension of an existing private street (St
Francis Avenue) and will serve as frontage for the subdivision of Tax Map 31 Parcel 7 into four new parcels. This
request for a private street is in conjunction with SUB 201700181 (St. Francis Avenue Subdivision).
The existing private road, St. Francis Avenue, was created in conjunction with SDP1989000093 (Earlysville Animal
Hospital) and SUB198900252 (Richmond Diocese Admin. Plat). The recorded plat for the "Richmond Diocese Property"
contains note 1, "No further subdivision without Planning Commission approval." and lote 14, "All lots to eater and exit
onto private road."
Section 14-232 of the Subdivision Ordinance provides three circumstances that permit the Commission to authorize a
private street in the rural areas:
To alleviate significant degradation to the environment:
• The public road required would be 28% (261') longer than the private road requested.
• The public road required would be 57% (8') wider than the private road requested.
• A public road would require significantly more tree removal and grading when compared to the
private road requested (please see attached public and private road exhibits).
• The increased length of ditches required for a public road would require additional erosion control
and stormwater management facilities and maintenance requirements.
2. The lots will be used for non-residential or non-agricultural purposes:
• The existing private road serves the Earlysville Animal Hospital.
3. General welfare.
As provided in the attached exhibit, public roads are required to extend to adjoining properties to
promote the development of road networks. In the attached exhibit, the public road is extended to
parcel 31-5A1 and a temporary cul-de-sac is provided at the property line. The future road connection
promotes the development of parcels 5A and 5A1, totaling approximately 20 acres. The development
of these rural area parcels is not consistent with the goals and objectives of the Comprehensive Plan.
A private road would provide a road network that would serve only the lots proposed in accordance
with this request. In granting this private road request, the Commission would be dissuading the
development of adjoining rural areas.
Two additional factors should be weighed when considering this request for a private street authorization.
1. VDOT does not permit a new public road to be accessed solely from a private road. The existing St. Francis
Avenue would need to be abandoned to allow a new public road to access S.R. 743 (Eadysville Road).
2. The requested private road and it's associated right-of-way currently exist. This request is to extend the
existing private road and easement to allow the subdivision of parcel 31-7, which is already accessed from the
private road.
Thank you for your review and consideration of this request.
Respectfully,
Kelly Strickland
Shimp Engineering PC
434.981.6029
Attachments: St. Francis Public Road Exhibit dated 03-20-2018
St. Francis Private Road Exhibit dated 03-20-2018
Attachment B - Area Map
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4.54 ACRES I i '\
I I /Im
'FRONT SETBACK AT / , IT/ �: Iy iy— v vv VIm
/ 1 / REQUIR 150' FRONTAGE
T
_
------------ --- --------
----- � ------ - -���,,,rrr,,, J /�� � � /
'15`�S`IDE3`ETBA4n— A 'j '� Y
/ — — — ` \ \ �— ' / /'
�E �
\-- i f— y------------25'IAESE g�K —� \\� ��_ '• 'y/
41.5' RONT SETBACK AT
REC17ED 150' FRONTAGE
L
r---- OT 4
\ y
w LOT 3 i_ i w 2.911 ACRES vv
l 4.60ACRES I — — — — — — \ �C
� I
JJ r II
L J
I
I I
°�
I
I
l \
I I I
/
to —-----
j> \ \\ \ \ iN i-
25 F--RO-NT SE--TBACK
_ _ I /
vv v A �v h Ix / / \ v vv v \im
i l i
v A vv v v y
—1--- L----- \ ----\--35'REAR_-Z B / \ 0 0 ,
----- — — �ias•_TBASrK--- \ J
\ <\----------—��--------J / L---f/ ---—_35_REARSETB9CI� ----- �-----\ — \ J�
\------------
SCR\ Sep\ 15,
92\ `696, \600\
6010 / / /4 35' I EAR SETBACK
I TMP 31-12B \ f:
2.49 ACRES
LOT ACREAGE FRONTAGE (FT) �w� }_z5s/DFseregDK \�1 r \\\'I I' i`
I I
1 2.10 535.8
2 4.54 84.8* �v I
I0
3 4.60 84.8* �v v \v ` AR v\ I i o
4 2.91 583.9
TMP 31-12B 2.49 846.14**
\ \ 4. i I
TOTAL 16.64 v m
* REQUIRED FRONTAGE (150') IS MEASURED AT THE FRONT SETBACK (41.5' FROM ACCESS EASEMENT). \\ \ �� \\ Ili III >
** TMP 31-12B HAS 539.7' OF FRONTAGE ON ST FRANCIS AVE AND 306.5' OF FRONTAGE ON EARLYSVILLE ROAD.
5T ERANCI5 AVENUE: PRIVATE ROAD EXHIBIT
ReVl5ed: 04-29-2016
SIIIMPENGIYE RA6 P.C.
ENGINEERING-LANDPLANNINO -PROJECT MANAGEMENT
201 E MAIN ST. STE M PHONE: (434) 227-5140
CHARLOTTESVILLE, VA 22902 JUSTINOSHIMP—ENGINEERING.COM
J
en
cy.
0 1
ReA 50enck -- — — — — — — — — - — — — — --
r
4A AO�
IF
LOT /
LOT I 13.47 ACRES
CD N:
2.98 ACRES
%
\A
N
— — — — — — — — — — — sr
TBAC K-
-- — — — — K3)
-\\ — — — — — - - — — — — — — — —
oj
LO�
4.72 ACRM
- 6 "1 1. , -,/- 17:,
LOT4•
2.40 AC;6S
— — — — — — — — — — — —
m
r
- — — — — — ---- — — — — —
j
IQ
Ilk �okl "6100,
.41
TMP 31-1 2B
2.66 ACRES
I k
— — — — — — — — — — — — — — — — —
m
— — — — — — — — — — — — —
— — — — — — — — — — — — — -
5T. fKANC15 AVENUE: PUBLIC ROAD EXHIBIT
Revised: 03-20-20 15
W40M I
SIMPENOINEB UNG, P. C
MOM TEMA 16 - L 4 A D FL 4 A M YO - F90JECT A" 00H, A T
201 E MAIN ST. SYC M PHONE: (434) 227-5140
r - HARLOTTESVILLE. VA 22902 JUS71NOSHIMP—ENGINEERING.COM
County of Albemarle
Department of Community Development
Memorandum
To: Cameron Langille
From: Matt Wentland
Date: 24 April 2018
Subject: St. Francis Avenue Subdivision Private Street Request (SUB201800066)
Cameron,
The Private Street Request has been reviewed by Engineering. Engineering recommends approval
of the request for the following reasons:
The private street would alleviate degradation to the environment compared to the public
street. The required width would be 4' less and the length would be over 200' less (as the
private road would not need to be extended to the property line for inter -parcel
connectivity). Because of this, there would be significantly less grading and disturbance.
Less pavement also means that there will be less of an increase in stormwater runoff and
fewer environmental impacts as compared to a public road. (14-232A)
2. The proposed street does not include any infrastructure that would be prohibitive to
maintain, nor does it serve as an interconnection between the subdivision and any other
property. (14-234B)
3. The existing private road is serving an animal hospital that generates approximately 200
vehicle trips per day (ITE Trip Generation code 640). The proposed four single family lots
would generate an additional 40 vehicle trips per day, which a smaller width private street
will be adequate to carry. Engineering foresees no conflicts with the private road and the
circumstances outlined in section 14-234C (additionally, no floodplain exists on the
parcel).
4. The submitted layout appears to be in general conformity with sections 14-410 and 14-
412(A)2. Further review will be done with the required submittals of road plans and
VSMP plans, which will allow for any unforeseen issues to be fixed at that time.
Thank you,
Matt Wentland, PE
Civil Engineer II
File: SUB201800066 StFrancisAve PrivSt Request Comments 04-24-18.doc
i
0
5Kt09?PG, 0640
THIS DEED, made this 24th day of October, 1989, by andNke' ween
THE MOST REVEREND WALTER F. SULLIVAN, Bishop of the Catholic
Diocese of Richmond, Virginia, Successor in Office to The Most
Reverend John J. Russell, Bishop of Richmond, party of the first
part; and JOHN E. GRUSS and KATHLEEN W. GRUSS, husband and wife,
parties of the second part.
-: W I T N E S S E T H:-
That for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, the said party of the first part
hereby grants, bargains, sells and conveys with SPECIAL WARRANTY
of Title, unto the parties of the second part as tenants by the
entirety with the right of survivorship as at common law, and not
as tenants in common, the real estate described as follows:
ALL that certain lot, piece or parcel of land with
improvements thereon and appurtenances thereto be-
longing, lying and being in the Rivanna District,
Albemarle County, Virginia, containing 3.005 acres,
all as shown on a plat of survey made by Robert L.
Lum, Certified Land Surveyor, dated September 23,
1989, entitled "Plat Showing Tax Map 31, A, Portion of
Parcel 7, The Richmond Diocese Property, Rivanna Dis-
trict, Albemarle County, Virginia," a copy of which is
attached, reference to which is made for a metes and
bounds description.
In addition the party of the first part grants and conveys to
the parties of the second part, the right of ingress and egress
along the southern one-half of the 50' Right of Way as shown on the
Plat attached hereto and reserves a right of ingress and egress
across and along the norther one-half of the aforesaid 509 Right
of Way.
Bx103?_Er0641
In addition the party of the first part hereby grants and
conveys unto the parties of the second part, the right of first
refusal with respect to the residue of the party of the first
parts property adjacent to the aforesaid property (the "Residue")
as follows: In the event the party of the first part receives a
bona fide offer from a Third Party for the purchase of the afore-
said Residue which offer he intends to accept, then he shall give
written notice of such offer and such intention to the parties of
the second part at their last known address. The parties of the
second part shall have thirty (30) days after said notice to agree
to purchase under the same terms and conditions, the aforesaid
Residue from the party of the first part. In the event the
parties of the second part fail or refuse to act within the said
thirty ( 30 ) day time period, then the parties of the second part
shall be deemed to have waived their right of first refusal and the
party of the first part shall be free to contract to sell the
Residue to the aforesaid Third Party.
This deed is made subject, however, to the recorded restric-
tions and conditions, if any, applicable to and legally binding
upon the property hereby conveyed; and to all easements and
covenants of record affecting the said property.
Whenever used, the singular number shall include the plural
and the plural the singular.
Pursuant to section 58.1-811 (13.B2) of the Code of Virginia
(1950) (as amended) this transaction is exempt from Grantor's tax.
o?�Ga642
WITNESS the following signature and seal:
THE MOST REVERENJYWALTER F.
SULLIVAN, Bishop of the Catholic
Diocese of Richmond, Virginia
STATE OF VIRGINIA )
AT LARGE, ) for -wit:
CITY/CGY OF )
I. the undersigned, a Notary Public in and for the jurisdic-
tion aforesaid, do hereby certify that The Most Reverend Walter F.
Sullivan, Bishop of the Catholic Diocese of Richmond, Virginia,
whose name is signed to the foregoing Deed bearing date the 24th
day of October, 1989, personally appeared and acknowledged the same
before me in my jurisdiction aforesaid.
GIVEN under my hand this _ day of 19 , 1989.
My commission expires:
1)1. 1. TA Itfllllll i FIJt(; IINUN I C..IIf fflIN(; CIKH)
I 0-10Wl5" A'jA f)C G5.00' 32.5s 10039'',ij"1:
71 s
G63 F'o
743
G G 0
25' from centerline of 162.72'OF• ROAD
Stole, Routt 743 FRONTAGE REMAINING
dedicated to public use, T
Corlysv; 0111.
R� \ N
churchIle Onion v
iron set
by stone
N b 0" 35' 00" E 1.35'
:121;. l?tP .. � - --• .. -- - • --- ,. ;ron set 13'
�s. rons l jfj
set along
010
ourve
qt,�N,
50'
PARCEL 3.005 A C 1t (:
31-•-5C `•', 5 R;qht - of •- vloy
'
DOUGLA5 E, CATON_'^
D.B. 775-350 `n i D.I3. 45!i ��;7 Note: existi'n9
0vIldings to
1 ' be removed
(, �} ° i
1 °1
1,
'INC
1
e
S`0
sel
N28'5E3' 1ci"Y ~2 2 .36 �
f iron set
John J, R usscl l ► !
O,(3.1b5.._ I't7 I Ri chmond Diocese —�
0•A. 465 - 147
FLAT SNOWING
rm WIF :31 A PORTION OF PARCEL 7
THE RICHMOND DIOCESE PROPERTY
RIVANNA DISTRICT, ALBEMARLE COUNTY, VIRGINIA
0117'E ; H- PTEMBER 2:3, 1980
ROBERT L. LUM REV. A PR I.L 27, I D 0 s
9/5/, 89
LAND PLANNING & SURVEYING
FALMYRA, V I KA N I A
!.ANP
12,17.159
SF1FE f I OF- 2
OhNLfi r :i At'il'(OVAL
�THIEIUTI RIJ� Ti
1tit division of the Iand u*rtcritrad tiffs
n it with the lrse consanl arid in
accorJancf with the dnsirs of the, under
signed owner, propoi ties, and Irustoes.
Any reference to future potential dev-
alopfrent is to be dammed as theoretical
only. All slalerwenls ofIroted to this
plat are true and correct to the t,esl of
■y Anryuledgs.
to wit the foregoing instrumonl was
Acknowledged be tore me th, s<,
'19
ray [brim. fmp i res ?
7K U*V WW IX WHS UNTH I"
ily T-lll. lilralMONtr tJ10(''t ',I 141 ,1','.
I�r1i�1: I�I'1 Fop TO THE WNT W KY
K CKIDU MLL-T5 MLL TK "I NL-
Mf M KUM I Ili TIE "" 1 !i OF
SisfYISIf6.
OaVIR&WILOVA04 IZ'27e3)
charrsaan plannin4 Cow, Datpw
Albemarle U.
The larw eN r"olatiens listed/described herein fire imputed pursuant to
the Albewarle Coionty Zoning Ordence in effect this date arced ars not
restriative covenants with "mil lend end their appearance on this plot is not
lateno" to Image them as such,
NOTES: .
Pf rs: i"ta,d 14jen t Bata
hard of Sure,
A I 10 Ca
I. No further subdivision without Planning trurnnr�cron appruvsrl.
2. $"rce of title U 13, 4�5 - 147
3. This paruol is not in a flood plain.
w. This parcel it iorwd FtA
6. One dwelling unit par lot.
S. Total number of acres ;I.005
7. Totas nuake. o: s.crc. .•xai,iing LL2
S. Nusssrfier of development rights used 1
.9. 14wsber of davelopwent rights rersaininyl 4
10. lroo markers at all Corners unlots otherwrsu nutud.
11. Twenty five feet from center line dedicated to µunlit u>,u along houLv/4 743
12. Minimum setback 15 foot-
13. Departing lot lines —
14. All lots to enter and emit orito private road
16. Septic setback is IOQ' from all it roams.
IS. The slope on the lot/lots is all loss tlsan 25 %.
,A plat showing tax fT cep 31 a portion of parcel 7
THE RICHMOND DIOCESE PROPERTY
Rivanno District Albefllarlo County, Virginia
Scale 1 fir
Date $eptember 23, 1988 R V. 9 / 5 / 8 9
Robert L . Lum
Land Planning -Survey
P. 0. Box 154
Palmyra, Virginia 229634154
ALTN 00, �
Burnt L. LUM
L No.
�U I II l / .e
w�
Sheet 2 of 2
1
aK 108?..rc0645
i1 M it >r 1 1',!� !! i'�
oN C� 19 90, at
STATE TAX $ --iC)• L) (039)
LOCAL TAX $ (213)
FEE $ 1 (212)
CLERK'S FEE $ (30I)
PLAT $ 4
Sec.58.1-502
SATE TAX $ (038)
I1)CAL TAX $ C220)
TOMTAX $ (223)
n•arac-Lin
ra. r
. •fir M DIN,
alr _1m
i! �� �� M �•i•