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HomeMy WebLinkAboutSUB200400333 Staff Report 2004-12-21STAFF PERSON: Yadira Amarante PLANNING COMMISSION: January 4, 2005 SUB 04 -333: ECHOLS PRELIMINARY SUBDIVISION PLAT Applicant's Proposal: Request for preliminary plat approval to create a 27 lot residential development on public roads. The total acreage of the subdivision is 10 1. 147 acres (96.464 acres in lots and 4.683 acres in roads). The property is zoned RA, Rural Areas and is described as Tax Map 44, Parcels 33G, 33G1, 33G2, 33G3, 33G4, 33G5, 33G6, & 33G7 with a combined by -right development potential of 29 lots (28 development rights and one (1) 21 -acre lot). The property is located in the Jack Jouett Magisterial District on the cul -de -sacs of Stillhouse Road [SR #1020] and Fox Run Way [SR #1016] about 500' from Ivy Farm Drive [SR # 1015]. The Comprehensive Plan designates this property for Rural Area uses in Rural Area 1, (Attachment A). Project Description: The 27 proposed lots are to have access via an extension of Fox Run Way and a new road from Stillhouse Road. Both will be dedicated to public use, built to public road standards, and maintained by VDOT. None of the lots are to have direct access onto the existing public roads. The layout of the development is shown in Attachment B. 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. An adjacent property owner and a Planning Commissioner have requested full review of the plat, (Attachment Q. Planning and Zoning History: None. DISCUSSION The Preliminary 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 staff and VDOT. Adjacent Property Owner Concerns Staff has received a letter from an adjacent property owner. The letter reflects concerns about 1.) double frontage lots; 2.) unusual and narrow shape of some of the lots; 3.) severe slopes; 4.) Virginia Department of Transportation recommendations; 5.) owner's inquiry into bridging Ivy Creek; and 6.) overall effect of the project on Ivy Creek. Double frontage lots: During the Site Review Committee meeting staff did comment on Lots 4, 5, and 6 being double frontage lots. The surveyor on the project has pointed out that the Subdivision Ordinance defines a double frontage lot as "an interior lot having frontage on two streets and having a depth of less than three hundred fifty (350) feet." Lots 4, 5, and 6 do front on two streets but they have a depth in excess of 350 feet and therefore are not double frontage lots. 2. Unusual and narrow shape of some of the lots: Section 14 -503 of the Subdivision Ordinance regulates lot shape by prohibiting lots from containing "peculiarly shaped elongations which are designed solely to provide necessary square footage of area or frontage on a public street." It is staff's opinion that none of the proposed lots meet this definition. All of the proposed lots show legal frontages, lot width, area, building sites, and setbacks as required by the Zoning Ordinance. Severe slopes: There are a few significant bands of critical slopes on site. Only a minimal amount of critical slopes are being disturbed for the construction of roads, none are shown to be disturbed for house or driveway construction. Travelway construction is exempt from the prohibition of critical slope disturbance. 4. Virginia Department of Transportation recommendations: Staff assumes the author of the letter is referring to the following Site Review Committee comment from VDOT "Recommend re- designing plans to connect Fox Run through to Stillhouse Court and possibly to the cul -de -sac on Stillhouse Road." Since this was a recommendation and not a requirement the applicant has stated that they do not agree with the recommended road alignment. Staff concurs with the applicant that there would be no additional positive traffic impacts given the amount of fill and cut necessary to achieve the connection. 5. Owner's inquiry into bridging Ivy Creek: Staff is not aware of this inquiry and, therefore, has no comment. No bridge is proposed as part of this subdivision request and no right of way has been reserved for a bridge. Overall effect of the project on Ivy Creek: Ivy Creek is being protected by keeping house sites and drainfields off of critical slopes. No construction activity is proposed within 100' of Ivy Creek and no disturbance of that 100' stream buffer is proposed. All construction activity will be monitored and regulated through the Water Protection Ordinance which includes requirements and bonding for erosion and sediment control. RECOMMENDATION Staff finds the proposal in compliance with the provisions of the subdivision and zoning ordinances and recommends approval of the preliminary 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. A completed application and fee for erosion control and stormwater management. [17- 203, 17 -303] 2. A BMP plan or equivalent Mitigation Plan, computations, and maintenance agreement. It appears there is adequate space for BMPs if needed.[17 -203, 17 -303, 17 -304, 18- 32.7.41 3. An erosion and sediment control plan, narrative and computations. [14 -311, 17 -203, 18- 32.7.4.3] 4. Road plans, pavement design sheets, and drainage computations. VDOT approval will be required for the public roads. [ 14- 512,14- 304,Policy] 5. The cul -de -sac at Fox Run Way will need to be removed with the extension of the road and the right of way around the cul -de -sac platted back to the lot owners that front this area. 6. Road plans and drainage computations will need to be submitted for review and approval. 7. All improvements must be built or bonded. 8. Anglers Way is a conflicting road name with an existing road. Submit a list of three (3) road names for approval prior to final plat approval. [E -911 requirement] 9. Health Department approval of all drainfield locations. [14 -309, 14 -310] ATTACHMENTS: A - Location Map B - Subdivision Plat reduction C - Letter from adjoining property owner 2