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Home My WebLink AboutSUB200600021 Executive Summary 2006-03-21COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 2006 -00021 Foxchase Landing Preliminary Plat and Open Space Appropriateness Determination SUBJECT /PROPOSAL /REQUEST: Request for preliminary plat approval which includes approval of open space in accordance with Section 4.7.2 of the Zoning Ordinance STAFF CONTACT (SI: Francis H. MacCall AGENDA DATE: March 21, 2006 CONSENT AGENDA: No ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: DEP PROPERTY OWNER: Tax Map 56, Parcel 93C - Helen A. Keyes Trust, Sharon K. Skaggs, et al, trustees; Jerome W. Keyes Jr.; Eric S. Keyes. Tax Map 56, Parcel 100F - Jerome W. Keyes, Jr. Trustee; Eric S. Keyes Trustee APPLICANT: David G. Mitchell, Traditional Homes of Richmond. BACKGROUND: Request for preliminary plat approval to create 15 lots on 15.52 acres using clustering & bonus provisions. Also, an adjacent property owner has also requested that the Planning Commission review this application. DISCUSSION: The applicant is proposing to use both clustering and bonus provisions to obtain lot size and street frontage reductions per Section 13.3 of the Zoning Ordinance. Clustering requires that a minimum of 25% of the site be provided in open space. Section 4.7 of the Zoning Ordinance requires that Planning Commission consider the appropriateness of open space that is included in a site plan or subdivision. The applicant is proposing internal streets to serve the development. This allows the development a 10% density increase. That increase would put the density at 1.067 du/ac. The proposed density is actually at 1.03 du/ac. RECOMMENDED ACTION: Staff recommends that the Commission find that the open space is appropriate for the proposed development. Staff also recommends that the preliminary plat be approved with conditions. 1 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 2006 -00021 Foxchase Landing Preliminary Plat - Open Space Appropriateness Determination SUBJECT /PROPOSAL /REQUEST: Request to approve open space in accordance with Section 4.7.2 of the Zoning Ordinance STAFF CONTACT(S): Francis H. MacCall AGENDA DATE: March 21, 2006 CONSENT AGENDA: No ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: DEP PROPERTY OWNER: Tax Map 56, Parcel 93C - Helen A. Keyes Trust, Sharon K. Skaggs, et al, trustees; Jerome W. Keyes Jr.; Eric S. Keyes. Tax Map 56, Parcel 100F - Jerome W. Keyes, Jr. Trustee; Eric S. Keyes Trustee APPLICANT: David G. Mitchell, Traditional Homes of Richmond. BACKGROUND: Request for preliminary plat approval to create 15 lots on 15.52 acres using clustering & bonus provisions. The property is zoned R -1, Residential. The property, described as Tax Map 56 Parcel 93C & 100F (in part), is located in the White Hall Magisterial District, and will be accessed through the existing Foxchase subdivision off of Foxdale Lane and Carlyle Place. Foxchase Subdivision is on Rockfish Gap Turnpike [Route # 250W] approximately 1 mile from the intersection of Route 250 and Route 240. The Comprehensive Plan designates this property as Rural Area. (Attachment A). Section 13.3 of the Zoning Ordinance (Area and Bulk Regulation for the R -1 zoning district) permits density increases, lot size reduction, and street frontage reduction by clustering lots and utilizing bonus factors. Section 2.2.3 of the Zoning Ordinance states that a minimum of twenty -five (25) percent of open space is required for clustered developments. Section 4.7.1 states that the Commission shall consider the appropriateness of such areas for the intended usage in terms of such factors as location, size, shape, and topographic characteristics. An adjacent property owner has requested that the Planning Commission review this application (Attachment Q. The site review committee has reviewed this application and can recommend approval of the plat with the Planning Commission's positive finding of the appropriateness of the open space (Attachment B). DISCUSSION: Bonus and Clustering The applicant is proposing using clustering and bonus provision permitted in Section 13 of the Zoning Ordinance. The plat shows the required 25% open space for clustering (Attachment B). The appropriateness of this open space is discussed below. The applicant is also proposing a 10% density increase by providing internal streets. Per Section 13.3 the standard level zoning of the property permits up to 15 lots with a minimum lot size of 45,000 square feet and minimum street frontage of 120 feet. The bonus level cluster zoning of the property proposed by the applicant permits up to 16 lots with a minimum lot size of 20,000 square feet and minimum street frontage of 80 feet. With the 10% increase the density would increase from 0.97 du/ac to 1.067 du/ac, which is 16 lots; the applicant is proposing 15 lots (Attachment B). Open Space 2 Section 4.7 of the Zoning Ordinance (below) requires that appropriateness of open space be assessed as follows: Section 4.7.1: Does the proposed open space meet comprehensive plan objectives by providing: (1) active /passive recreation; (2,) protection of areas sensitive to development; (33,) buffering between dissimilar uses; and LZ preservation of agricultural activity? (1) This open space will provide passive recreation. (2) There are areas of critical slopes within the open space areas delineated on the plan. These slopes will be protected through a maintenance agreement with the homeowners association and further protected through the requirement of a tree conservation plan. (3) This open space is proposed to be immediately adjacent to the Rural Preservation Tract of the proposed Fairhill Estates Rural Preservation Development. This open space will provide a buffer between the property of Fairhill Estates, zoned Rural Area, and the residentially zoned property of Foxchase Landing. (4) This proposal does not preserve agricultural activity, but is immediately adjacent to a proposed Rural Preservation Tract that will preserve agricultural activity. Section 4.7.1: Is the proposed open space appropriate in terms of (1) location, () size, (3) shape and C4Z topographic characteristics. (1) The location provides protection of some critical slopes and conservation of existing trees. (2) The proposal includes approximately 3.88 acres in open space, which represents 25% of the total site. (3) The shape of the open space does not appear to pose any detriment to the development. (4) The majority of the open space will contain steep slopes. These slopes are in a stream valley and within the required 100' stream buffer. Section 4.7.2: Will the open space be developed with any man -made features? Where deemed appropriate by the commission, open space may be used for one or more of the following uses: Agriculture, forestry and fisheries including appropriate structures; Game preserves, wildlife sanctuaries and the like; Noncommercial recreational structures and uses; Public utilities; Wells and septic systems for emergency use only (reference 4.1.7); Stormwater detention and flood control devices. A stormwater management facility and public sewer lines are proposed in some of the open space. 4.7.3.1: In addition to provisions ofsection 4.7.1 and section 4.7.2 the commission may require inclusion in such open space of areas deemed inappropriate° or or prohibited to development such as but not limited to: (1) land in the one hundred year° flood plain and sig_nifacant drainage swales; U land in slopes of twenty-five (25) percent or greater; (3) major public utiliiy easements; (4) stormwater detention and flood control devices; (5) lands having permanent or seasonally high water tables; (6) areas to satisfy provisions ofsection 4.16 Recreation Regulations; (7) areas to provide reasonable buffering between dissimilar uses within such development and between such development and a�oiningproperties. (1) There is no flood plain on the property. (2) Most of the critical slopes are shown in open space. (3) Existing sanitary sewer utility easements are within the open space. (4) One (1) stormwater detention pond is proposed. (5) Some of the soils located on this property are shown to support permanent or seasonally high water tables as defined in Table 16 Soil and Water Features of the United States Department of Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985. (6) There is no recreation required. (7) The open space will be immediately adjacent to the Rural Preservation Tract of a proposed Rural Preservation Development. 4.7.3.3 In such case where open space is required by provisions of this ordinance not more than ei hg_ty (80) percent of such minimum required open space shall consist of the following: a. Land located within the one hundred year 3 flood plain: and b. Land subiect to occasional, common or frequent flooding as defined in Table 16 Soil and Water Features of the United States Department ofAgriculture Soil Conservation Service, Soil Survey ofAlbemarle County, Virginia, August, 1985; and c. Land in slopes of twent -five (25) percent or greater; and d. Land devoted to stormwater or flood control devices except where such feature is incorporated into a permanent pond, lake or other water feature deemed by the commission to constitute a desirable open space amenit. This criterion is being met. 4.7.4: Open space in private ownership shall be protected by legal arrangements sufficient to ensure its maintenance and preservation for purposes for which it is intended. Such arrangements shall be subiect to commission approval as a part of the site development plan and /or subdivision plat approval process. Open space may be dedicated to public use subiect to approval and acceptance by separate resolution of the board o� supervisors. Open space so dedicated shall be counted as a part of the minimum required open space. The open space shown on the plat shall be owned by the homeowners' association, which will be established by covenant during the final subdivision review process. Such document shall be subject to County Attorney review and approval and shall be in accordance with Section 14 -317 of the Subdivision Ordinance - Instrument evidencing maintenance of certain improvements. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and Subdivision Ordinance and recommends that the Commission find that the open space is appropriate for the proposed development and that the preliminary plat be approved with the conditions below. CONDITIONS OF APPROVAL: 1. [ 13.4.1 ] A conservation plan as specified in section 32.7.9 must be approved by the Zoning & Current Development Division of the Department of Community Development with a copy of the original conservation plan and all subsequent revisions to be submitted to the Zoning & Current Development Division. 2. [ 14 -317, 18 -4.7] Submittal of covenants or other such instrument which evidences the establishment of an owners' association and provides for ownership and maintenance of proposed open space. Such document shall be subject to County Attorney review and approval and shall be in accordance with Section 14 -317 of the Subdivision Ordinance - Instrument evidencing maintenance of certain improvements. Attachments: A - Detail/Location Map B - Subdivision Plat C - Adjacent property owners request for PC review 0