HomeMy WebLinkAboutSUB200400332 Staff Report 2004-12-22STAFF PERSON:
PLANNING COMMISSION:
FRANCIS H MACCALL
January 4, 2005
SUB 2004 -332 BRIERY CREEK VILLAGE RURAL PRESERVATION DEVELOPMENT
PRELIMINARY PLAT
Applicant's Proposal
To create a Rural Preservation Development of 20 lots — 19 development lots and 1 preservation tract.
Project Description and Location: Request for preliminary plat approval to create a 20 lot Rural
Preservation Development (19 lots averaging 4.5 acres and 1 preservation tract of 49.95 acres. The total
acreage of the subdivision is 141.64 acres. The property is zoned RA, Rural Areas. The properties,
described as Tax Map 124 Parcels 14, 16A, and 17 are in the Scottsville Magisterial District on
Albevanna Spring Road [Route # 622] approximately .25 miles from the intersection of Albevanna
Spring Road and Ridge Spring Road. The Comprehensive Plan designates this property for Rural Area
uses in Rural Area IV, (See Attachments A & B).
History: There is no relevant history to these parcels.
Reason for Planning Commission Review
Approval of the rural preservation development aspect of this proposal is discretionary.
Staff presents discussion related to this proposal in 2 parts: 1.) Rural Preservation Development and
2.) Preliminary Plat.
Staff has received a petition from adjacent and neighboring residents outlining their concerns regarding
this project and it is included as Attachment F.
Discussion
1.) Rural Preservation Development
Section 10.3.3.2 Rural Preservation Development Intent and Design Standards
The rural preservation development option is intended to encourage more effective land usage in terms
of the goals and objectives for the rural areas as set forth in the comprehensive plan than can be
achieved under conventional development. To this end, application for rural preservation development
shall be reviewed for:
a. Preservation of agricultural and forestal lands and activities;
This project by permanent easement protects 49.95 acres of land or 35% of the site for potential
agricultural, forestal, or conservation use, although one dwelling would be permitted and will
actually remain on this parcel. This area could be increased through reduction of the
development lot acreages.
b. Water supply protection; and /or
This project is in the Hardware River watershed. The property is largely open land, with buffers
along the streams. These buffers are not required but the applicant has established a 75' buffer
on the existing streams.
C. Conservation of natural, scenic or historic resources.
See historic resources discussion below.
More specifically, in accordance with design standards of the comprehensive plan and where deemed
reasonably practical by the commission:
d. Development lots shall not encroach into prime, important or unique agricultural or forestal
soils as the same shall be shown on the most recent published maps of the United States
Department of Agricultural Soil Conservation Service or other source deemed of equivalent
reliability by the Soil Conservation Service;
Prime, locally important, and unique soils are prevalent throughout the site, (Attachment C) and
so not all the soils can be avoided. Staff has determined that the configuration of the proposed
RPD does not significantly increase the impact to prime and locally important soils since the
greatest areas of these soils are shown on the proposed preservation tract. All of the unique soils
are located on the preservation tract. More of these soils could be protected by reducing the sizes
of the development lots as most of them are greater than 2 acres.
e. Development lots shall not encroach into areas of critical slope or flood plain and shall be
situated as far as possible from public drinking water supply tributaries and public drinking
water supply impoundments;
There are 5 development lots proposed which have critical slopes within them. The building sites
for these lots do not encroach on the slopes and the applicant will be imposing a stream buffer
along the stream valleys where some of the slopes exist.
f. Development lots shall be so situated and arranged as to preserve historic and scenic settings
deemed to be of importance to the general public and natural resource areas whether such
features are on the parcel to be developed or adjacent to such parcel;
(The following statements are from the County's Historic Resources Planner)
The Virginia Department of Historic Resources' (DHR) Historic Resource Data Sharing
System (DSS) and USGS Quadrangle Maps have identified a dwelling (DHR #002-
5013), built ca. 1942, and located on Tax Map 124 and Parcel 14 as historic. This
resource has not been evaluated for listing on the Virginia Landmarks Registry or the
National Register of Historic Places.
The project area is located within one mile of the Southwest Mountains Rural Historic
District (DHR #002 - 1832), a 31,000 acre district that includes some of the Piedmont's
most pristine and scenic countryside. This resource is listed on the Virginia Landmarks
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Registry (8/21/91) and National Register of Historic Places (2/27/92).
Based upon the information above, the proposed subdivision is not expected to have an
adverse impact on the Southwest Mountains Rural Historic District since it is located
well to the east of the district; however, the dwelling located on TMP 124 -14 is expected
to be impacted greatly.
In order to minimize the impact of the new development on the existing historic dwelling,
it is recommended that the preservation tract be relocated to the north rather than the
southern portion of the project area as currently proposed. This would provide a
substantial buffer between the proposed development and the existing dwelling while
maintaining its historic context in a more appropriate rural setting. The applicant has
attempted to address these comments in their response attached. (Attachment E)
In addition, the following recommendations are offered in order to mitigate the potential
adverse impact this subdivision may have on the historic, rural nature of the area:
Soften the visual impact of development within the rural area by designing new buildings
that are compatible with the character of the historic area while maintaining a focus on
landscape:
a. For building siding and trim, where appropriate, use colors and materials that blend
with the natural environment, do not use highly reflective colors or surfaces, or light
colored roofs.
b. Driveways visible from off -site should be darkened to blend with the natural
environment.
c. Minimize clearing and grading by utilizing existing vegetation and natural contours
of the land.
d. Replant cleared and graded areas with informal plantings that at maturity will blend
with natural vegetation.
g. Development lots shall be confined to one area of the parcel and shall be situated so that no
portion of the rural preservation tract shall intrude between any development lots;
This design standard has been met.
h. All development lots shall have access restricted to an internal street in accordance with
Chapter 14 of the Code of Albemarle; and
Lot 1 and the preservation tract are proposed to access off of Albevanna Springs Road. Both lots
have existing dwellings with established driveways to the dwellings. See staffs review of the
waiver of Section 14 -505B below.
Nothing stated herein shall be deemed to obligate the commission to approve a rural
preservation development upon finding in a particular case that such proposal does not forward
the purposes of rural preservation development as set forth herein above and that the public
purpose to be served would be equally or better served by conventional development.
Section 10.3.3.3 Special Provisions:
In addition to design standards as set forth in section 10.3.3.2 and other regulation, the following
special provisions shall apply to any rural preservation development:
a. The maximum number of lots within a rural preservation development shall be the same as may be
achievable pursuant to section 10.3.1 and section 10. 3.2 and other applicable law. Each rural
preservation tract shall count as one (1) lot. In the case of any parcel of land which, prior to
application for rural preservation development, has been made subject to a conservation, open
space or other similar easement which restricts development on the parcel, the total number of lots
available for rural preservation development shall not exceed the number available for conventional
development as limited by any such previously imposed easement or easements;
The maximum number of lots achievable is 29; the proposal is for 20 lots (19 development lots and 1
preservation tract). The applicant has provided a conventional lot layout, (Attachment D) which has
allowed staff to determine that no more lots are being proposed under the Rural Preservation
Development than could be approved with a conventional development. Since not all "rights" are
being utilized the extra right to develop must be allocated.
b. Section 10.3.3.3.a notwithstanding, no rural preservation development shall contain more than
twenty (20) development lots;
This criterion has been met.
c. Provisions of section 10.3.3, rural preservation development, shall be applied to the entire parcel.
Combination of conventional and rural preservation development within the parcel shall not be
permitted, provided that the total number of lots achievable under section 10.3.1 and section 10. 3.2
shall be permitted by authorization of more than one (1) rural preservation tract. Nothing contained
herein shall be deemed to preclude the director of current development and zoning from approving a
rural preservation development for multiple tracts of adjoining land, or on land divided or otherwise
altered prior to the effective date of this provision; provided that, in either case, the provisions of
section 10. 3.3 shall be applicable.
This criterion has been met.
d. The area devoted to development lots together with the area of roadway necessary to provide access
to such lots shall not exceed the number of development lots multiplied by a factor of six (6)
expressed in acres;
The area devoted to development lots is 87.04 acres. The area devoted to roadways is 4.65 acres.
The combined developed area of 91.69 acres does not exceed the total number of development lots,
19, multiplied by a factor of six (6), which is 114.
e. No rural preservation development shall contain less than one (1) rural preservation tract. The
director of current development and zoning may authorize more than one (1) rural preservation
tract in a particular case pursuant to the various purposes of rural preservation development as set
forth in section 10.3.3.2 or in accord with section 10.3.3.3.c, as the case may be;
The applicant proposes one rural preservation tract.
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f. No rural preservation tract shall consist of less than forty (40) acres. Except as specifically
permitted by the director of current development and zoning at time of establishment, not more than
one (1) dwelling unit shall be located on any rural preservation tract or development lot. No rural
preservation tract shall be diminished in area. These restrictions shall be guaranteed by perpetual
easement accruable to the County of Albemarle and the public recreational facility authority of
Albemarle County in a form acceptable to the board. In accordance with Chapter 14 of the Code of
Albemarle, the director of planning and community development shall serve as agent for the board
of supervisors to accept such easement. Thereafter, such easement may be modified or abandoned
only by mutual agreement of the grantees to the original agreement;
The proposed rural preservation tract is 49.95 acres. If this proposal is approved the land will be
placed in perpetual easement with the Public Recreational Facility Authority.
g. Each application for a rural preservation development is subject to the review and approval of the
director of current development and zoning.
The Director of Zoning & Current Development recommends approval of this rural preservation
development.
2.) Preliminary Plat
The Site Review Committee has reviewed the preliminary plat for this proposal and fords it in
compliance with the provisions of the subdivision and zoning ordinances with the exception of Lot 1 and
the preservation tract not accessing the internal roads, thus needing the waiver of Section 14 -505B.
Waiver of Section 14 -505B for Lot 1 and Preservation Tract
Lot 1 and the preservation tract are proposed not to gain its frontage or access from the proposed internal
public roads but from the existing public road, Albevanna Springs Road.
To provide Lot 1 and the preservation tract with frontage and access from an internal road extension of
two of the proposed roads would be required. Staff is of the opinion that this alternative is unnecessary,
because the lots meet all ordinance requirements and the configuration of the homes on lot 1 and the
preservation tract lends itself to keeping the existing access from Albevanna Springs Road. Also, access
to the preservation tract on Albevanna Springs Road would keep any agricultural traffic that occurs on
the preservation tract from conflicting with the internal road traffic of the subdivision. In addition, the
access for these lots currently exists and removing them and constructing new accessways would result
in additional impact to the land. The Virginia Department of Transportation has no objection to the
existing driveways remaining.
Staff recommends approval of a waiver of Section 14- 505(b) for Lot 1 and the preservation tract subject
to conditions.
Recommended Action with Conditions of Approval
Although there are some elements that are not completely addressing the design requirements for rural
preservation developments, staff fords the proposal adequately meets the intent, design standards and
special provisions of Section 10.3 for rural preservation developments in that it preserves 49.95 acres for
agricultural and forestal activities, and preserves unique soils and the bulk of prime soils. Staff
recommends approval of the Briery Creek Village Rural Preservation Development.
Staff also finds the Preliminary Plat to be in compliance with the regulations set forth in the Subdivision
and Zoning Ordinances and recommends approval of the Briery Creek Village Rural Preservation
Development Preliminary Subdivision Plat, SUB 2004 -332, with the following conditions:
The Division of Zoning and Current Development shall not sign the final subdivision plat 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 stormwater management /BMP plan, computations, and maintenance agreement. [17 -203, 17 -303,
17 -304, 18- 32.7.4]
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. [14.302.0] All existing development rights are not being utilized by this proposal. Allocate the
additional development right appropriately to any development lot that is at least 4 acres by placing a
note on the plat to that effect.
6. [14.309 & 310] Written approval from the Health Department for all drainfield locations.
7. [10.3.3.3.f] Approval and recordation of a preservation easement by the Public Recreational
Facilities Authority for the Preservation Tract.
Attachments
A - Vicinity & Location Maps
B - Rural Preservation Development Preliminary Subdivision Plat
C - Soils Map
D - Conventional Development Proposal
E - Applicants request and justifications
F - 11/27/04 petition by neighbors