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HomeMy WebLinkAboutSUB200400232 Staff Report 2005-01-11STAFF PERSON: PLANNING COMMISSION: SUB- 2004 -00232 STARFIELD PRELIMINARY PLAT FRANCIS H MACCALL JANUARY 11, 2005 Applicant's Proposal: The applicant proposes to create five (5) lots averaging 5.034 acres on a private road with a dam crossing. The site, described as Tax Map 81 Parcel 51D, contains 25.17 acres and is zoned RA, Rural Areas. This site is located in the Rivanna Magisterial District on Campbell Road (SR 600) approximately 13/4 miles from its intersection with Louisa Road (SR 22). The Comprehensive Plan designates this property for Rural Area uses in Rural Area 2. (Attachments A & B) This is a request for authorization to allow a private road to serve the five (5) lots. Reason for Planning Commission Review: Staff brought this request before the Commission on September 21, 2004. The Commission wanted more information before action was taken on the private road request so the applicant requested deferral of action. The applicant was tasked to reevaluate the subdivision and the road serving the subdivision by addressing the following items: - Analyze the area/volume of disturbance of the two road options - Evaluate the potential downstream impact - in the event of catastrophic failure of the dam during construction - of removing the dam entirely and constructing a road - of using the northern route (upstream of the pond) and doing nothing to the dam - of reconstruction of the dam to allow for the road to cross it - Evaluate the northern route (upstream of the pond) to be analyzed using the 30% rule of a public vs. private road. - Provide a non - technical narrative of how the dam could be modified to allow for the road to be placed on top of the dam Discussion: Glenn Brooks, engineer with the Division of Zoning and Current Development has evaluated the resubmission of the plat and road information by the applicant according to Subdivision Ordinance section 14- 234A.4. (Attachment C) The road profiles and grading were only submitted for a slight realignment of the original proposed location and the construction of a new dam directly upstream from the original and have been analyzed as follows: (Attachment B) Description of private road: These figures are based on the applicant's computations. Field run profiles were not provided, nor were they waived in accordance with section 14- 234A.1. Public Road Private Road Length in miles 0.28 0.28 Width of section (ft) pavement +shoulder +shoulder 18 +4 +4= 26' and in fill areas 18 +7 +7= 32' 14 +4 +4 = 22' and 14 +7 +7= 28' Right -of -way or easement width 50' 50' Maximum Grade 9.75% 11% Side slope (horizontal: vertical) 2:1 2:1 cut 3:1 fill Maximum fill height (ft) 7' 6' Maximum cut height (ft) 7' 6' Volume of fill (cubic yards) 3322 2451 Volume of cut (cy) 4058 3270 Volume of Earthwork (cy) 7380 5721 % increase in earthwork 100[(7380- 5721)/5721]= 29% These figures are based on the applicant's computations. Field run profiles were not provided, nor were they waived in accordance with section 14- 234A.1. Compliance with Subdivision Ordinance section 14- 232A.1; 14- 232A.I (i) property in the Rural Areas or Village Residential zoning district: The property is zoned RA. 14- 232A.I (ii) private road would alleviate a clearly demonstrable danger of significant degradation to the environment: This has not been demonstrated. 14- 232A.1(iii) no alternative public street alignment is available: There are possible alternative alignments. The applicant has declined to provide further information. Please refer to the attached correspondence with the applicant. (Attachment C) 14- 232A.1(iv) no more lots are proposed on the private road than could be created on the public road: The difference in right -of -way width and vertical alignment does not affect the lot yield in this subdivision. 14- 232A.1. (a) the total volume of grading for construction of a public street would be thirty (30) percent or more than that of a private road in the same alignment: This has not been demonstrated. 14- 232A.1. (b),Environments impacts including, but no limited to, erosion and sedimentation, stormwater runoff surface water pollution, loss of tree cover...: In this case, environmental impacts, other than volume of earthwork, will not be significantly different between a public road and private road along the same alignment. 14- 232A.4 General Welfare: In light of the Planning Commission's initial review of this project, staff cannot find where the general welfare would be better served by a private road, rather than a public road. It is noted however, that a public road would necessitate that the pond be removed, the dam relocated upstream, or the County assume maintenance responsibility for the dam according to VDOT regulations, which would then be passed on to the homeowners through a legal agreement. Information on the Existing Dam (as requested by the Planning Commission): The existing dam is a small earthen structure through which runs a 12 inch corrugated metal pipe at the water surface. The top of the dam is about 3' above the water, and 11' wide, with a dirt path/road atop, and overgrown with medium sized trees on its sides. The downstream side is steep, roughly 2:1, but only 5' -6' high. The outlet pipe is corroded through the bottom, and severely eroded at the outlet. There is a 5' cut below the pipe outlet. A dip in the top of the dam on the east end acts as an emergency spillway, which is deeply cut by severe erosion through half of the dam, and downstream. The cut is about 14' wide and 4' deep, narrowing to 9' wide downstream, and 2 -3' deep. In summary, the dam is in poor condition. The emergency spillway and pipe outlet are in need of immediate repair and replacement. The dam would have to be substantially excavated, replaced and enlarged to serve as a sub -base for a roadway. Below are pictures of the dam. Also are pictures of the northern route mentioned in the last meeting. The Dam at Starfield: The location of the northern route (upstream of the Starfield pond) discussed previously: RECOMMENDATION: Staff finds that the general welfare has not been provided for and recommends denial of the use of a private road. If the Commission were to approve the private road staff recommends the following conditions, in addition to any that the Commission may impose: 1. The final plat shall not be submitted for signature nor shall it be signed until the following conditions are met: a. The subdivider shall submit a maintenance agreement for the private road, which satisfies the requirements of section 14 -313. b. The final plat shall contain the statement required by section 14- 303(N). C. The subdivider shall provide surety for the completion of the private road as required by section 14 -413 if the private road will not be completed prior to approval of the final plat. d. Each deed of subdivision, or similar instrument, and each deed conveying a lot within the subdivision shall contain the following statement: "The streets in this subdivision may not meet state standards and will not be maintained by the Virginia Department of Transportation or the County of Albemarle." 2. County Engineer approval of final road and dam design. 3. Health Department approval of all lots. Attachments: A - Detail/Location Maps B -Copy of Plat C - Applicants Justification/correspondence