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Home My WebLink AboutSUB202000059 Review Comments Road Plan and Comps. 2020-05-12Al A County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 434-296-5832 Memorandum To: Keane Rucker/Justin Shimp From: Christopher Perez, Senior Planner Division: Planning Date: May 12, 2020 Subject: SUB202000059 Eco Village Charlottesville - Road Plan, Variation & Exception Requests, and Private Street Request Variation and Exception Requests The following review comments on the Variation and Exception requests do not constitute support of the various requests; rather, the following review comments are provided to help the applicant make complete requests that can be reviewed by staff. [14-422(E), 14-422(F), 14-203.11 Staff is unable to recommend approval of the majority of the requests as sufficient justifications to make the required findings are not provided. Many of the justifications provided in the variation and exception requests fail to provide direct links between varying or excepting the requirements and the required findings. Most of the justifications provided rely on other aspects of the development to draw broad vague correlations between the request and some of the required findings. The current layout and design of the development is heavily reliant on variation requests propagated by the proposed density of the development. Simply by reducing the number of units proposed and realigning and widening the roadways the required improvements could be provided. Either revise the requests to provide sufficient justifications to permit the required findings to be made or revise the final site plan/road plan to provide the required improvements. [14-203.11 The Variation and Exception requests fail to provide the required findings of Section 14- 201.3(B). Revise each of the requests to provide the appropriate findings for each request based on the type of request (exception or variation). For a variation request provide the required findings of Section 14-201.3(B)(2). For an exception request provide the required findings of Section 14- 201.3(B)(3). [14-203.11 The Variation and Exception requests submitted do not consistently utilize the terms "variation" and "exception" in the requests, and frequently utilize the term "waiver" in place of these terms. This makes it very difficult to understand what is truly being requested and which requirements/analysis of the ordinance to review the proposal against. The term variation shall be used when you are providing the improvement in a modified form than what is required in the regulation. The term exception shall be used when you are not providing the required improvement at all. For example: if you provide sidewalks on one side of the street, this would be a variation request to permit sidewalks on one side of the street; rather, than an exception request which would seek to eliminate sidewalks from the street. Revise the requests to be consistent in the use of the terms variation and exception. It appears all the requests are variations, except the curb and gutter Page 1 of 3 request, which is truly an exception request. 4. [14-422(E), 14-422(F), 14-203.11 The current requests associated with Road A are overly broad and do not provide any specifics to what is actually being requested. The request needs to specify everything that's being requested. For example: The applicant requests a variation to the planting strip requirement for the eastern side of Road A, specifically from the entrance of the site to the second crosswalk adjacent to Open Space C. The request seeks to permit the planting strip to be provided behind the sidewalk. The ordinance requires that the planting strip be located between the paved travelway and the sidewalk. Additionally, the applicant requests that the width of the planting strip be reduced from the required 6 feet to the proposed 3.9 feet. The applicant requests an exception to omit the planting strip requirement on both sides of the street fronting Lots 13B, 14B, and 15B. The applicant requests a variation to the planting strip requirement for the western side of Road A. Specifically, the applicant requests a reduced planting strip width from the required 6 feet to the proposed 3.5 feet along the frontage of Lots 9A - 16A continuing to Common House 1. The applicant also requests to omit the planting strip fronting Open Space D. The applicant requests a variation to not provide the sidewalk on the western side of Road A at the entrance to the site to the entrance of the 15 space parking lot. The applicant requests a variation to omit sidewalks on the western side of Road A fronting Lots IA — 3A. The applicant requests a variation to not provide the sidewalk on the eastern side of Road A adjacent to the 28 space parking lot continuing to Lot 15B. [14-203.1, 14-422(E)] Sidewalk Variation Associated with Road A. The request associated with Road A fails to request a variation to permit the required sidewalk on the western side of the entrance road be omitted. Revise to provide the request and ensure sufficient justifications to make the required findings are provided for each portion of the request. 6. [14-422(E), 14-203.11 The request associated with Roads B, C, and D are overly broad and do not provide any specifics to what is actually being requested. Revise the request to state what is being requested in detail, similar to the example provided above. [14-422(E), 14-203.1] The request associated with Roads B, C, and D is missing the sidewalk variation request and its required justifications to make the required findings. Revise to include this portion of the request. Private Street Request The following review comments on the private street request does not constitute support of the request; rather, the following review comments are provided to help the applicant make a complete request that can be reviewed by staff. 1. [14-234(A)(1), 14-234(C] The private street request is incomplete, as it does not provide each of the five findings identified in paragraph C, which are required to be made. Revise the request to include the required findings. See below: 1. The private street will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. Page 2 of 3 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private street; 3. The fee of the private street 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 street; 4. Except where required by the commission to serve a specific public purpose, the private street will not serve through traffic nor intersect the state highway system in more than one location; and 5. If applicable, the private street has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law. Road Plan 1. [14-410(H),14-410(I)] In the development areas streets shall be constructed with curb and gutter. Provide Roads B, C, and D with curb and gutter. An exception request has been submitted and is being reviewed. 2. [14-422, 14-422(E), 14-422(F)] Sidewalks and planting strips for street trees and other vegetation shall be established on both sides of each new street within the subdivision. Each planting strip shall be a minimum of six (6) feet in width. The planting strip shall be located between the curb and the sidewalk. The planting strip shall be located between the paved travelway and the sidewalk. Provide Road A and Roads B, C, and D with planting strips and sidewalks on each side of the street that meet the above requirements. Variation requests have been submitted and are being reviewed. 3. [14-410, 14-412, 14-412(A)(3)(b), 14-412(B)] Road A and Roads B, C, and D do not appear to meet all applicable private street standards and would only be permissible with both County Engineer and Agent approval. Pending County Engineer review of the road plan. I offer the following applicable sections of the ordinance for your consideration. [14-412(A)(3)(b)] Streets serving six lots or more. Each private street serving six (6) or more lots shall satisfy Vir in�partment of Transportation standards, provided: Private streets in the development areas. For such private streets in the development areas, the agent mgy Wrove Virginiapartment of Transportation standards for mountainous terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare. [14-412(B)] Private streets serving non-residential, non-agricultural, attached residential, multi -unit residential and combined residential and non-residential uses. Each private street authorized to serve nonresidential, non-agricultural, attached residential, multi -unit residential and combined residential and nonresidential uses under sections 14-232 or 14-233 shall satisfy Virginiapartment of Transportation standards or an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer, to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare. The agent may require minimum travelway widths to provide for on -street parking upon a determination that the provisions for off-street parking may be inadequate to reasonably preclude unauthorized on -street parking. 4. [14-410(H),14-422] Provide all the street trees in the planting strips. Page 3 of 3