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HomeMy WebLinkAboutSUB200400287 Staff Report 2004-11-16STAFF PERSON: Yadira Amarante PLANNING COMMISSION: November 16, 2004 STAFF REPORT ADDENDUM SUB 04 -287 TERRA BELLA (RPD), PHASE 2, PRELIMINARY PLAT On November 9, 2004 the Planning Commission looked favorably on the layout for this Rural Preservation Development. Given that consent, the Commission must act on the following requests: 1. Private road request to serve Lots 47 and 48. 2. Waiver of Section 14.505.13 to allow Lot 46 to have direct access to Buffalo River Road. Reason for Planning Commission Review Approval of the rural preservation development aspect of this proposal is discretionary; therefore, the preliminary plat is also subject to Planning Commission review. Additionally, the private road request and waiver of Section 14.505.13 require Planning Commission approval. Discussion Preliminary Plat Staff does not recommend approval of this RPD because of the second preservation tract and the private road going through one of the preservation tracts. However, should the Commission approve this request, staff has recommended conditions of that approval. These conditions are under "Recommended Conditions of Approval" below. Private Road Lots 47 and 48, as evidenced on Attachment B of the original staff report, have no frontage on either internal or external public roads. The applicant is proposing that frontage be obtained by a private road, (Attachment A of this addendum). One way of obtaining frontage for these lots is to extend Ruscello Way; however, given the topographical constraints of those lots, pushing the public road further would impact the building sites shown. In order to avoid this, staff recommends approval of a private road for Lots 47 and 48 subject to conditions. 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: 1. The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. The private road will be adequate to carry the traffic volume expected to be generated. 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 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; The fee of the private road will be owned by the owner of each lot abutting the right -of -way and through a required road maintenance agreement, all of the users of the road will be responsible for the maintenance and repair of the road within the right -of -way. 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 road 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, of the zoning ordinance and other applicable law. Not applicable. Waiver of Section 14.505.13 for Lot 46 Lot 46 (as shown on Attachment B of the original staff report) is not proposed to gain its frontage or access from the proposed internal public road. To effectively provide Lot 46 with frontage and access from an internal road would require either significant redesign of lot boundaries or extension of Ruscello Way through the stream and critical slopes separating Lot 46 from the rest of the lots on Ruscello Way. One other alternative could be to construct a driveway from the end of the cul -de -sac. The applicant states that a 1,500 foot driveway would have to be constructed in order to provide internal access to the building site on Lot 46, (Attachment B of this addendum) Staff is of the opinion that those alternatives are unnecessary because, otherwise, Lot 46 meets all ordinance requirements and there is already an existing driveway to the building site from Buffalo River Road. Basically, approval of this waiver for Lot 46 would mean little to no construction of driveway for Lot 46. Staff is of the opinion that the topography is such that disturbance of these critical slopes would result in significant degradation of the area for the construction of either a longer public road or a longer driveway. In this case, requiring frontage on an internal public road would not serve the public interest and granting the waiver 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 the existing entrance onto Buffalo River Road appears adequate but will have to be field verified prior to final plat approval. Staff recommends approval of a waiver of Section 14- 505(b) for Lot 46 subject to conditions. RECOMMENDATION 2 Staff recommends approval of a private road for Lots 47 and 48 as shown on Terra Bella Phase 2 with conditions. Staff also recommends approval of the waiver of Section 14- 505(b) for Lot 46 with conditions. RECOMMENDED CONDITIONS OF APPROVAL Conditions for the private road request for Lots 47 and 48: 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 Lot 46: 1. Prior to final plat approval the applicant shall submit written evidence of VDOT approval of the adequacy of the existing entrance off of Buffalo River Road for Lot 46. This existing entrance must meet VDOT sight distance requirements and if not, must be improved to meet such requirements. 2. Note on the final plat which states: "Dwelling units shall be constructed only in the locations shown as 150' x 200' building site on Lot 46 as shown on the plat entitled Preliminary Subdivision Plat for Terra Bella — Phase 2, Rural Preservation Development. Dated/revised 10/18/04 by Rivanna Engineering & Surveying, Inc. No building permits shall be issued for dwelling units outside of these building sites." Conditions for Preliminary Plat: 1. Engineering staff approval of erosion control plans. A narrative, application and fee are required with plans. 2. Engineering staff approval of stormwater management and mitigation plans if necessary. A narrative, application and free are required with plans. 3. Engineering staff (and VDOT) approval of road and drainage plans. 4. All improvements are to be bonded or built before final plat approval. Bond estimate and construction schedule forms can be obtained from the Engineering office. 5. Health Department approval of all drainfield locations. ATTACHMENTS A — Applicant's request for a private road for Lots 47 and 48. B — Applicant' request for a Waiver of Section 14 -505.B for Lot 46.