HomeMy WebLinkAboutSUB200400321 Staff Report 2004-12-07STAFF PERSON: Yadira Amarante
PLANNING COMMISSION: December 7, 2004
SUB 04 -321: OLD BALLARD FARM FINAL (PRIOR TO PRELIMINARY) SUBDIVISION
PLAT
Applicant's Proposal: Request for final plat approval (prior to preliminary) to create an 18 lot residential
development on public roads. The total acreage of the subdivision is 46.5 acres (44.437 acres in lots and
2.063 acres in roads). The property is zoned RA, Rural Areas and is described as Tax Map 42, Parcels
70B1, 70C & 70D; Tax Map 43, Parcels 16C & 16D; and Tax Map 59, Parcels 1, 1 & 1C. The property
is located in the Samuel Miller Magisterial District on the northeast corner of the Old Ballard Road [State
Route #677] and Owensville Road [State Route #676] intersection. The Comprehensive Plan designates
this property for Rural Area uses in Rural Areas 1 and 3, (Attachment A).
Project Description: The 18 proposed lots are to have access via a new road to be dedicated to public
use, built to public road standards, and maintained by VDOT. The layout of the development is shown in
Attachment B.
Reason for Planning Commission Review: This is a by -right division with access on a public road. This
type of request is usually reviewed and approved administratively. An adjacent property owner has
requested a full review of the plat, (Attachment Q.
Planning and Zoning History:
SUB 273: Deep Acres — Created all subject parcels. Signed 12/15/66.
SUB 273: Deep Acres — Re- divided lots 6 & 7 created above. Signed 6/22/70.
SUB 273: Deep Acres — Re- divided lots 5, 6 & 7 created above. Signed 9/15/80.
SUB 403: Green, Richard & Mattie — Created TMP 59 -1C and TMP 59 -1. Signed 6/23/76.
SUB 90 -252: Green, Richard & Mattie V. — Proposed to create one lot from TMP 59 -1. Withdrawn
1/23/92.
DISCUSSION
The Final Plat has been reviewed by the Site Review Committee and was found to 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.
Adjacent Property Owner Concerns
Staff has received a letter from an adjacent property owner. The letter reflects concerns about 1.) the
possible impacts to the groundwater supply; 2.) the possible existence of a cemetery; 3.) possible traffic
impacts; and 4.) timeliness of notifications.
1. Groundwater: There are concerns of the possible effects that 18 new wells within this
development could have upon the area's water supply which has already appeared to be somewhat
strained. Currently, there are no regulations provided by the County Code that require verification
of adequate groundwater supply during the review of by -right subdivisions. Although there are
specific goals set forth in the Comprehensive Plan to promote development within the Development
Areas where access to public water service is provided, there are also no regulations that restrict
the number of private wells that can be utilized in the Rural Area. Prior to the issuance of building
permits for homes in the Rural Areas, the Health Department must review and approve the
adequacy of wells on individual lots.
2. Location of a cemetery on the property: This adjacent property owner has recounted that there
have been several reports of an old slave graveyard on subject property. Section 14- 302(x) of the
Subdivision Ordinance requires that places of burial be shown on a plat if they are known to exist.
Staff encourages the applicant to investigate the existence of a graveyard and if one is found, the
location must be shown on the plat. Staff further recommends that the following note also be
placed on the plat: "An abandoned burial ground (or cemetery) may be located on a portion of
lot(s) ; its exact location is unknown." If no grave, object or structure exists to mark a place
of burial, nothing is required to be shown on the plat. The applicant can voluntarily place the
suggested note on the plat.
3. Traffic impacts: Traffic studies are not required in the review of a by -right subdivision. Neither
VDOT nor Engineering staff has raised any concerns regarding the traffic impact these 18 new lots
will have on existing roads.
4. Timeliness of notifications: Staff is of the opinion that notices were correctly sent to all abutting
property owners on time.
RECOMMENDATION
Staff finds the proposal in compliance with the provisions of the subdivision and zoning ordinances and
recommends approval of the final subdivision plat, with conditions.
The Department of Community Development shall not sign the final subdivision plat until final approval for
the following conditions has been obtained. The final subdivision plat shall not be signed until the
following conditions have been met:
1. Submittal and approval of the following information:
a. A stormwater management /BMP plan, computations, and maintenance agreement;
b. All drainage easements must be shown on the final plat,
C. An erosion and sediment control plan, narrative and computations; and,
d. Road plans and computations.
2. Virginia Department of Transportation approval for road plans in accordance with the requirements for
acceptance into the state system.
3. All improvements must be built or bonded.
4. If a graveyard is found on the property its location must be shown on the plat and the applicant can
voluntarily place the following note on the plat: "An abandoned burial ground (or cemetery) may be
located on a portion of lot(s) ; its exact location is unknown."
5. Health Department approval of all drainfield locations.
2
ATTACHMENTS:
A - Location Map
B - Subdivision Plat reduction
C - Letter from adjoining property owner