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HomeMy WebLinkAboutSUB200400188 Staff Report 2004-11-16STAFF PERSON: Yadira Amarante PLANNING COMMISSION: November 16, 2004 STAFF REPORT ADDENDUM SUB 04 -188: TERRA BELLA, PHASE 1, PRELIMINARY PLAT On November 9, 2004 the Planning Commission looked favorably on the private road shown going through a preservation tract in Terra Bella Phase 2. With that consent, staff can now recommend approval (with conditions) of that private road for Lot 27 as shown in Terra Bella Phase 1. Staff continues to recommend approval of a waiver of Section 14- 505(b) for Lots 1 and 44 subject to conditions. RECOMMENDATION Staff recommends approval of a private road for Lot 27 as shown on Terra Bella Phase 1 with conditions. Staff also recommends approval of the waiver of Section 14- 505(b) for Lots 1 and 44 with conditions. With approval of the private road and waiver of Section 14- 505(b), staff can administratively approve the preliminary subdivision plat. RECOMMENDED CONDITIONS OF APPROVAL Conditions for the private road request for Lot 27: Submittal of a road maintenance agreement pursuant to Section 14 -313 of the County Code subject to County Attorney review and approval. Conditions for waiver of Section 14- 505(b) for Lots 1 and 44: 1. Prior to final plat approval, the applicant shall submit written evidence of VDOT approval of one (1) entrance location off of Frays Mountain Road for Lot 1 and one (1) entrance location off of Buffalo River Road for Lot 44. Both entrances must meet VDOT sight distance requirements. 2. Note on the final plat which states: "Dwelling units shall be constructed only in the locations shown as 150' x 200' building sites on Lot 1 and Lot 44 as shown on the plat entitled Preliminary Subdivision Plat for Terra Bella — Phase 1, Lots 1 thur (sic) 44. Dated/revised 10/20/04 by Rivanna Engineering & Surveying, Inc. No building permits shall be issued for dwelling units outside of these building sites." 3. Approval of a preliminary plat for Terra Bella, Phase 1 for Tax Map 19 - Parcels 30, 32, 32A, & 32B generally in accord with the plat entitled Preliminary Subdivision Plat for Terra Bella — Phase 1, Lots 1 thur (sic) 44. Dated/revised 10/20/04 by Rivanna Engineering & Surveying, Inc. 1 STAFF PERSON: Yadira Amarante PLANNING COMMISSION: November 16, 2004 SUB 04 -188: TERRA BELLA, PHASE 1, PRELIMINARY PLAT Applicant's Proposal: Request for preliminary plat approval to create 44 new lots adjacent to the advance Mills Farm Subdivision. The site, described as Tax Map 19 - Parcels 30, 32, 32A, & 32B contains 742.47 acres and is zoned RA, Rural Areas. This site is located in the White Hall Magisterial District on Frays Mountain Road approximately 1/8 -mile east of the intersection with Buffalo River Road (Route 604). The Comprehensive Plan designates this property for Rural Area uses in Rural Area I. Attachment A) The area is characterized as heavily forested with large areas of critical slopes mostly associated with the North Fork Rivanna River stream valley and its drainage areas. There is a significant flood plain as well. Outside of those river and drainage areas, the property is fairly steep. Disturbance of the critical slopes is due mostly to road/driveway construction which is exempt from the Critical Slope provisions of the Zoning Ordinance. The property is located in the North Fork Rivanna River Water Supply Watershed. In order to avoid construction of driveways through critical slopes and streams, the applicant is requesting that two lots, Lots 1 and 44 have access directly from existing external public roads. This request requires a waiver of Section 14- 505(B) of the Subdivision Ordinance. The applicant is also requesting approval of a private road to provide frontage and access to one (1) lot, Lot 27. Because the private road is part of a subdivision containing more than two lots, the authorization to construct the private road requires Planning Commission approval. Project Description: 42 of the proposed 44 lots are to have access via new public roads which will be dedicated to public use, built to public road standards, and maintained by VDOT. With approval of the waiver described above, two lots will have access directly from two separate existing public roads. The layout of the development is shown in Attachment B. Planning and Zoning History: SUB 83 -048: Williams, Amon P. & Anita D Rural Division — Created 2 parcels, now known as TMP 19- 30A and 30B leaving a 76.3 acre residue, now known as TMP 19 -30 and a portion of the subject subdivision, with 3 development rights. The plat was signed 4/29/83. SUB 89 -041: Buffalo Run, Phase 2, Preliminary Subdivision Plat — A proposal including most of the parcels involved in this subdivision was approved but never pursued further. Reason for Planning Commission Review: This is a by -right division with access on public roads. This type of request is usually reviewed and approved administratively. However the two waivers of Section 14- 505(b) and authorization of the private road require Planning Commission approval. Both of those requests are usually reviewed as consent agenda items but staff is unable to recommend approval of the private road. 1 DISCUSSION The Preliminary Plat has been reviewed by the Site Review Committee and was found to mostly comply with Chapter 14, the Subdivision Ordinance, and Chapter 18, the Zoning Ordinance. Internal public roads are proposed and supported by the Engineering Department and VDOT. All building sites are shown to be outside critical slopes. Staff will discuss the waiver requests and private road request separately. Waiver Requests Waiver of Section 14- 505(b): entrances onto external public roads for Lots 1 and 44. CODE REFERENCES Section 14- 505(b) states: "A lot may be located so that it has immediate vehicular access to only a public street abutting the subdivision if the commission approves a waiver pursuant to section 14 -237, the subdivider obtains an entrance permit from the Virginia Department of Transportation for the access, and the entrance complies with the design standards set forth in section 14- 512(I)." Section 14 -237 states: "The commission may approve a waiver or variation if it finds that: (i) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the developer, strict application of the applicable requirements would result in significant degradation of the property or land adjacent thereto; (ii) requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; and (iii) granting the waiver or variation would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to adjacent land." Section 14- 512.(1) states: "Entrances to streets, roads and highways. Each entrance onto any public street or private road for traffic to and from a subdivision shall be designed and constructed in accordance with Virginia Department of Transportation standards..." Lots 1 and 46 as shown on Attachment B are not proposed to gain their frontage or access from the proposed internal public roads. To effectively provide Lot 1 with frontage and access from an internal road, (see Sheet 4 of Attachment B), would require either significant redesign of lot boundaries or extension of Roccia Court through the ribbon of critical slopes and a stream separating Lot 1 from the rest of the lots served by Roccia Court. One other alternative could be to construct a driveway through Lot 2. The applicant states that a 1,400 foot driveway would have to be constructed in order to provide internal access to the building site on Lot 1, (Attachment C) Staff is of the opinion that those alternatives are either unnecessary, because otherwise Lot 1 meets all ordinance requirements, or would be more detrimental to the environment than the construction of a short driveway from Frays Mountain Road to the building site shown on the plat. The appearance of a dwelling with its own driveway off of Frays Mountain Road is in keeping with the prevailing pattern of development along this road. Lot 44 has similar, if not greater topographic challenges as evidenced on Sheet 5 of Attachment B. In this 2 case Collina Court would need to be extended to give Lot 44 frontage and a long driveway would have to be constructed through two major areas of critical slopes in order to provide access to the proposed building site. For the same reasons as stated for Lot 1 above, staff is of the opinion that a short driveway off of Buffalo River Road is appropriate. Again, the development pattern along this road is the same. The applicant states that a 1,200 foot driveway would have to be constructed in order to provide internal access to the building site on Lot 44, (Attachment C) Given that the only reasonable alternative is a re- design of these lots, staff would like to remind the Commission that the applicant would be able to apply for a rural division which separates these two lots from the 742 acres and come back with this proposal without these two lots. Staff is of the opinion that short of re- designing several lots in order to provide these two lots with frontage and access, the topography at these locations is such that disturbance of these critical slopes would result in significant degradation of the area in the construction of either longer public roads or longer driveways. Requiring frontage on internal public roads would not serve the public interest and granting the waiver, subject to VDOT approval of individual entrances, would not be detrimental to public health, safety or welfare or the orderly development of the area or sound engineering practices. VDOT has verbally confirmed that any proposed entrances onto either Buffalo River Road or Frays Mountain Road would require that they meet sight distance requirements which will be verified prior to final plat approval. VDOT did not indicate that achieving sight distance for both lots would be a problem. Staff recommends approval of a waiver of Section 14- 505(b) for Lots 1 and 44 subject to conditions. However, since staff cannot recommend approval of the subdivision as a whole, staff asks that the Commission comment on this waiver request. This way staff can take the Commission's comments into account in the event the applicant decides to re- apply. Private Road Request Request for authorization to construct a private road pursuant to Section 14- 232(A)(1)(b): private road to serve Lot 27. CODE REFERENCES Sections 14- 504(A) & (B) state: "Each lot shall front on an existing or proposed public street or private road... each lot shall have at least the minimum frontage required by the applicable provision of the zoning ordinance..." Section 14- 232(A)(1)(b) states: "A private road may be authorized as provided herein: The commission may authorize a subdivision to be developed with one or more private roads only under the following circumstances:...1.To alleviate significant degradation to the environment... The term "Significant degradation" means... 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 road in the same alignment, based upon evidence submitted by the subdivider and reviewed by the county engineer and other qualified staff." 3 Section 14- 234(C) states: "The agent and 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: 1. The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private road; 3. The fee of the private road 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 road; 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 5.If applicable, the private road has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law. Lot 27, as evidenced on Sheet 9 of Attachment B, has no frontage on either internal or external public roads. The applicant is proposing that frontage be obtained by a private road, (Attachment D). Under normal circumstances staff would probably recommend approval of such a private road if the extension of a proposed road or driveway from a proposed road would cause undue disturbance of critical slopes or stream buffers. As in the waiver section above, staff would have similar opinions about the proposed private road to Lot 27. Barring eliminating Lot 27 altogether or having the applicant re- design the majority of the site, the proposed private road is a better alternative than disturbing critical slopes and impacting a drainage channel with the construction of a long driveway or the extension of the proposed public road (Foresta Way). However, staff has not analyzed this particular road against the criteria set out in the ordinance, rather, staff is aware of information concerning the location of the private road which makes a recommendation of denial necessary. The proposed private road is located off -site on an adjacent parcel, TMP 19 -32B to be exact. That parcel is the subject of another subdivision before the Commission: SUB 04 -287 Terra Bella Phase 2, Preliminary Plat which is a Rural Preservation Development. The private road is proposed within a parcel in the RPD that will be a Preservation Tract. Staff is of the opinion that a private road within a Preservation Tract, which will be held under easement with the Public Recreational Facilities Authority, is not an allowed use and cannot be constructed according to the County's standard easement language. Specifically section 2.B states "There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: ... The following may be constructed, installed, located or placed, provided they are otherwise consistent with this Easement: (a) driveways; and (b) other improvements and facilities customary and related to the use of a single lot," (Attachment E). Technically, if Terra Bella Phase 1 (this project) is put to record and the road built before Terra Bella Phase 2, the RPD, is put to record, then the road would exist as of the date of the preservation easement. However, staff is uncomfortable knowingly allowing a use that will be in conflict with a greater use in the future. Secondly, staff is of the opinion that although the private road is technically a driveway because it will only serve one lot, this private road is not an improvement customary and related to the use of a single lot. Usually that would be viewed as a single driveway on a property for the use by that M property, not a driveway for the use of another property. Under these circumstances, staff cannot recommend approval of the private road as proposed and since that leaves Lot 27 without frontage or access, staff cannot recommend approval of the subdivision in whole. If no request for a Rural Preservation Development were under review for the adjacent property staff would be able to support this request for a private road. This recommendation would be based on the fact that the approval of a private road essentially allows for a driveway following the terrain thereby causing significantly less grading than would occur if the public road were extended. Any redesign of lot 27 which still allowed for the building site shown on lot 27 to be used would require a road crossing steep terrain unless this private road request is approved. Should the planning commission approve the private road request the applicant should be put on notice that the approval of the private road jeopardizes any proposal for a Rural Preservation Development on the abutting parcel. RECOMMENDATION Although staff can recommend approval of the waiver of Section 14- 505(b) for Lots 1 and 44, without viable frontage for Lot 27 staff must recommend denial of SUB 04 -188: Terra Bella, Phase 1, Preliminary Plat and denial of the private road request for Lot 27. ATTACHMENTS: A - Location Map B - Subdivision Plat reduction C - Applicant's request for waiver of Section 14- 505(b) for Lots 1 and 44. D - Applicant's request for authorization to construct a private road for Lot 27. E - Standard Preservation Easement 61