Loading...
HomeMy WebLinkAboutSUB200400097 Staff Report 2005-02-15STAFF PERSON: PLANNING COMMISSION: STEPHEN WALLER, AICP FEBRUARY 15, 2005 SUB 04 -097 BENDING BRANCH PRELIMINARY PLAT APPLICANT'S PROPOSAL This subdivision plat proposes the creation of ten (10) new lots in the Northfields Subdivision (Attachment A). The property, described as Tax Map 62A(3) - Parcels 2 and IA, contains 9.064 acres zoned R -2, Residential. The site is located in the Rio Magisterial District on the eastern side of Northfield Road [State Route 1427], between Northfield Circle and Brownstone Lane (Attachment B). The Comprehensive Plan designates this property as Neighborhood Density in Development Area Neighborhood 2. Proiect Description: The proposed subdivision consists of 10 lots with an average size of 0.39 acres, 2.7 acres of open space to be shared in common ownership, and 1.5 acres that will be dedicated to public use as part of the County's Greenway Trails system (the remaining area is made up in road right -of -way). This property is located within the Northfields subdivision and shares its northern boundary with the Still Meadow subdivision. The boundary to the east is at the centerline of South Fork Rivanna River, while the southern boundary is shared with right -of -way for the Southern Railroad. The lots in the subdivision will take access from Northfield Road, by way of a newly proposed public road that ends in a cul- de -sac. Reason for Planning Commission Review: This is a by -right subdivision with access to a road that must be constructed to public road standards before being dedicated for acceptance into the state system. This type of request is usually reviewed and approved administratively. However, the applicant is proposing the creation a 2.7 -acre area of open space, which is subject to Planning Commission review in accordance with Section 4.7.1 of the Zoning Ordinance. Additionally, adjacent property owners who live in the Still Meadow development have submitted a written request for Planning Commission review of this proposal, citing specific concerns with the proximity of the proposed lots to the railroad (Attachment Q. DISCUSSION The Comprehensive Plan (Land Use Plan) designates this property as Neighborhood Density, which has a recommended density of 3 to 6 dwelling units per acre. Due to the need to provide onsite stormwater detention and avoid the construction of dwellings on critical slopes, this proposal will result in a density of approximately 0.91 dwelling units per acre. Furthermore, the applicant is developing a total of eight (8) less lots than the maximum density allows, and each proposed lot exceeds the minimum size required for conventional development in the R -2 zoning district. There are no known violations that exist on the subject property. The preliminary plat has been reviewed by the Site Review Committee and has been found to comply with all relevant requirements of the Subdivision Ordinance and the Zoning Ordinance. The internal public road can be supported by the Current Development Division's engineering review and the Virginia Department of Transportation, subject to approval of road plans prior to final plat approval. Open Space: Section 4.7.1 of the Zoning Ordinance states, in part, "in any rezoning, subdivision plat or site plan proposing inclusion of open space areas, the Commission shall consider the appropriateness of such areas for the intended usage in terms of such factors as location, size, shape and topographic areas." This subdivision plat proposes the creation of a 2.7 -acre parcel (nearly 30 percent of the total site area) to be designated as open space. The open space is in this development is voluntary and is not required to meet any proffers or allow density bonuses. In accordance with Section 4.7.2, staff notes that public utilities and stormwater management facilities are two types of man -made features that may be deemed appropriate in open space. When considering open space, the Commission may also require that stormwater detention facilities and similar devices be included in those areas designated as open space and held in common ownership, in order to allow the sharing of costs related to maintenance. In addition to items such as wooded areas and critical slopes that are identified for protection, recreational amenities may also be required to be included in open space. In this case the open space area is being designed to include the largest contiguous portion of critical slopes on the site, a stormwater management pond serving the development and a portion of a 5 -foot wide pedestrian path that runs along the southern side of the public road providing access to the lots in the subdivision. The applicant has also worked with the Department of Parks and Recreation in dedicating a portion of the property adjacent to the South Fork Rivanna River to public use in order to allow a connection between the planned greenway trails on parcels located to the north and south. Based on the factors cited above, it is staff's opinion that the proposed open space is appropriate for the development to which it is appurtenant. Proximity of the proposed lots to the railroad: Several adjacent property owners have submitted a letter requesting Planning Commission review and expressing concerns about the proximity of the proposed lots to the Southern Railroad and requesting Planning Commission review of this proposal. Based on the layout of the proposed subdivision plat, it appears that the dwellings on lots 5 and 6 would be the nearest homes to the railroad right -of -way. Although front setbacks of 25 feet are required from public roads in the R -2 zoning district, staff notes that the Zoning Ordinance does not establish any specific setbacks from a railroad right -of -way. In considering the review of developments within close proximity to railroad lines, staff has only been made aware that all construction shall be kept out side of the railroad's right -of -way, subject to federal regulations. Therefore, it is staff's opinion that the subdivision plat correctly shows that the required R -2 district rear -yard setback of 20 feet at the boundary lines that are shared between lots 5 and 6 and the railroad will be maintained. This site is being proposed in accordance with the maximum density requirements and all other regulations that govern conventional development in the R -2 zoning district. The applicant has not requested consideration of any waivers, variances or bonus density factors. Therefore, staff has not identified any additional regulations that can be used to 2 address issues such as the cost of the proposed lots considering the location of this site and impacts of noise and vibration from trains that will pass the development. RECOMMENDATION Staff finds this proposal to be in compliance with the provisions of the subdivision and Zoning Ordinances and hereby recommends approval of the preliminary subdivision plat and the proposed open space with conditions. The Department of Community Development shall not accept submittal of the final subdivision plat for signature until tentative 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. The plat shall be subject to the requirements of Section 14 -303 (Contents of final plat), as identified on the "Final Subdivision Checklist" which is available from the Department of Community Development. 2. [14.4. 1] Submittal of a conservation plan showing the methods of protecting the existing vegetation that is to remain within the open space, in accordance with Section 32.7.9 of the Zoning Ordinance. 3. [14 -313] Submittal of a maintenace agreement identifying all parties that are responsible for the common area/open space that is being created and their roles in maintaining this area, subject to County Attorney review and approval. 4. [14 -404] Reservation of a portion of the land adjacent to the Rivanna River for future dedication to public use as part of the greenway trails identified in the Comprehensive Plan. This reservation shall be subject to the satisfaction of the Department of Parks and Recreation's Planner. 5. The plat shall be subject to the Current Development Division's engineering review for compliance with Section 903.B.6.a of the County's Design Standards Manual. 6. Virginia Department of Transportation approval for road plans in accordance with the requirements for acceptance into the state system. 7. The proposed road name shall be approved by the E -911 Addressing Coordinator. 8. Service Authority approval of all water and sewer utility construction plans. 9. Fire Official approval of fire hydrant locations within the required distance to the proposed lots. ATTACHMENTS A - Preliminary Plat B - Tax Map & Vicinity Map C - Adjacent owner's request for Planning Commission review