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Home My WebLink AboutSUB200400098 Executive SummaryCOUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE SUB 04 — 98 Digiacomo Preliminary Subdivision Plat [June 29, 2004 SUBJECT /PROPOSAL /REQUEST: ACTION: Request for subdivision approval and authorization to Yes use a private road. ,ITEM NUMBER: SUB 04 -98 INFORMATION: No STAFF CONTACT(S): ATTACHMENTS: REVIEWED BY: Yadira Amarante Yes WDF LINK TO ATTACHMENT(S): Click to Enter HTTP Link BACKGROUND: On June 15, 2004 the Planning Commission reviewed this application requested and deferred action to June 29. The commission requested that staff investigate methods to limit the future division of the property. DISCUSSION: This proposal is a subdivision with a request for a modification to allow the use of a private road. Although the Planning Commission cannot extinguish development rights, particularly as part of the subdivision plat approval process, it may exercise its discretion in approving a private road by imposing reasonable and appropriate conditions related to the request. Proposed condition 10 below would prohibit further division of Parcels X, Y and TMP 81 -8B as a condition of approval of the private road. If the applicant pursues a public road instead, this condition would not apply. Development rights can be removed from a parcel only by a legislative action such as a rezoning, or through voluntarily imposed restrictions such as conservation or open -space easements, or restrictive covenants. If the applicant desires to pursue such a voluntary restriction, County staff can examine the available range of options with the applicant. RECOMMENDATIONS: Staff recommends approval of SUB 04 -98 Digiacomo Preliminary Subdivision subject to the following conditions (These conditions are the same as those contained in the original staff report with the addition of condition 10): 1. Engineering approval of an erosion control plan, narrative and computations. [14 -311, 17 -203] 2. Engineering approval of a Stormwater management/BMP plan and computations. Computations must include water quality and detention routings for the 2yr and 10yr storms. [17 -304] 3. Engineering approval of a completed Stormwater management facilities maintenance agreement and fee. [17 -323] 4. Engineering approval of road plans, pavements design sheets, drainage computations, and access easements. [14 -512, 14 -514, 14 -304, Policy] 5. VDOT approval of the entrance will be required for the final subdivision plat. Any needed computations must accompany plan submittals. 6. Show or note that there is a building site on the residue parcel. [14 -302N] 7. State the development rights used, the development rights remaining, which parcel(s) the remaining development rights are staying with, and the acreage limitation imposed on those development rights. [14- 302(0)] 8. The final plat must meet all of the requirements of section 14 -303 of the subdivision ordinance. [14 -303] 9. The subdivider shall submit a maintenance agreement that satisfies the requirements of section 14 -313. 10. As a condition of approval of the private road, no further division of Parcel X, Parcel Y or TMP 81 -86 is permitted. The final plat must contain the following note: "As a condition of approval of the private road no further division of Parcel X, Parcel Y or TMP 81 -813 is permitted." 2 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 04 -098 DIGIACOMO AGENDA DATE: June 15, 2004 PRELIMINARY SUBDIVISION PLAT ITEM NUMBER: SUBJECT /PROPOSAL/REOUEST: ACTION: INFORMATION: Request subdivision approval and authorization to CONSENT AGENDA: Yes allow a private road ACTION: Yes INFORMATION: STAFF CONTACT(S): ATTACHMENTS: Yes Yadira Amarante REVIEWED BY: MC BACKGROUND: The applicant proposes to subdivide Tax Map 81, Parcel 8, consisting of 31.732 acres, into 2 parcels (Parcel X, 5.00 acres and a Residue, 26.73 acres). The two parcels will gain their frontage and access from a proposed private road which will also provide access to an existing parcel, Tax Map 81, Parcel 8B. The property is zoned RA - Rural Areas and is located in the Rivanna Magisterial District on Clarks Tract [Route # 648] approximately 1. 14 miles from its intersection with Louisa Road [Route #22]. The Comprehensive Plan designates this property as Rural Areas in Rural Area 2, (see Attachments A & B). Although authorization of the private road requires Planning Commission approval, the subdivision portion of the request is usually reviewed and approved administratively. A Planning Commissioner has requested a full review of the subdivision. DISCUSSION: With the exception of a few outstanding items, which are shown as conditions of approval, the preliminary plat meets all requirements of the subdivision ordinance and zoning ordinance. The applicant has submitted a request for a private road, (Attachment C).With the request for use of private roads, the Planning Commission must determine if the standards have been met for approval under Section 14 -232 of the Subdivision Ordinance. This section of the ordinance requires a subdivider to demonstrate to the reasonable satisfaction of the Commission, that approval of a private road will alleviate a clearly demonstrable danger of significant degradation to the environment of the site, or adjacent properties, which would be occasioned by the construction of a public road in the same alignment. Engineering and Planning staff supports the use of a private road for the subdivision because the difference in earthwork during construction will be much less than if constructing a public road, (see Attachment D). After reviewing and analyzing the supporting earthwork computations submitted by the applicant, the engineering department agrees that the degradation to the environment will be greater than 30% for the public road when compared to the private road. In other words, construction of a private road will alleviate a clearly demonstrable danger of significant degradation to the environment of the site, or adjacent properties. 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: 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 by the single - family dwelling units to be served by it. The comprehensive plan does not provide for a public street in the approximate location of the 1 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 the owner(s) of the Residue parcel, but through a road maintenance agreement, all of the users of the road will be responsible for the maintenance and repair of the road within the easement. 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. RECOMMENDATION: Staff finds that the subdivision and zoning ordinance requirements for subdivisions have been met and that all the requirements outlined in Section 14- 234(c) regarding private roads have been met. Staff recommends approval of the preliminary plat and use of a private road with conditions. RECOMMENDED CONDITIONS OF APPROVAL: 1. Engineering approval of an erosion control plan, narrative and computations. [14 -311, 17 -203] 2. Engineering approval of a stormwater management /BMP plan and computations. Computations must include water quality and detention routings for the 2yr and l0yr storms. [17 -304] 3. Engineering approval of a completed stormwater management facilities maintenance agreement and fee. [ 17- 323] 4. Engineering approval of road plans, pavement design sheets, drainage computations, and access easements. [ 14 -512, 14 -514, 14 -304, Policy] 5. VDOT approval of the entrance will be required for the final subdivision plat. Any needed computations must accompany plan submittals. 6. Show or note that there is a building site on the residue parcel. [14- 302(N)] 7. State the development rights used, the development rights remaining, which parcel(s) the remaining development rights are staying with, and the acreage limitation imposed on those development rights. [14- 302(0)] 8. The final plat must meet all of the requirements of section 14 -303 of the subdivision ordinance. [14 -303] 9. The subdivider shall submit a maintenance agreement that satisfies the requirements of section 14 -313. ATTACHMENTS: A. Vicinity Map B. Copy of Plat C. Letter from Applicant Requesting a Private Road (dated 5/17/04) D. Memo from the Department of Engineering (dated 6/7/04) 2