HomeMy WebLinkAboutSUB200500108 Staff Report 2005-06-07STAFF PERSON:
PLANNING COMMISSION:
FRANCIS H MACCALL
June 7, 2005
SUB 2005 -108 LINDSAY STATION RURAL PRESERVATION DEVELOPMENT
PRELIMINARY PLAT
Applicant's Proposal
To create a Rural Preservation Development of 16 lots — 15 development lots and 1 preservation tract.
Project Description and Location: Request for preliminary plat approval to create a 16 lot Rural
Preservation Development (15 lots averaging 3.49 acres and 1 preservation tract of 43.48 acres) with
internal public roads on 97.64 acres with the only entrance being in Louisa County. The property is
zoned RA, Rural Area. The property, described as Tax Map 51 Parcels 19A, 1913, & 20A is located in
the Rivanna Magisterial District off of Lindsay Road [Route # 675] approximately .75 miles from the
intersection of Lindsay Road and Harrington Road. The Comprehensive Plan designates this property as
Rural Area. 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 rural preservation developments is ministerial and requires Planning Commission approval.
Staff presents discussion related to this proposal in 2 parts: 1.) Rural Preservation Development and
2.) Preliminary Plat.
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 protects 43.48 acre of land for potential agricultural, forestal, or conservation use,
although one dwelling would be permitted on this parcel. The preservation tract could be
increased through reduction of the development lot acreages.
b. Water supply protection; and /or
This project is not within a water supply protection area. The property is largely forested land,
with buffers along the streams. Stream buffer are not required for Bowler Creek. The applicant
is voluntarily adding a 150' stream buffer along Bowler Creek.
C. Conservation of natural, scenic or historic resources.
See 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 and evenly dispersed throughout the site
(Attachment Q. Any development of this parcel will impact these soils.
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 no significant encroachments onto critical slopes. There is no floodplain on this land.
The building sites for these lots do not encroach on the slopes and the applicant will be imposing
a stream buffer along Bowler Creek 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;
There are some wetlands that are located on the property along Bowler Creek. The Biodiversity
Work Group has identified wetlands as a resource for protection. The 150' stream buffer
provided appears to largely encompass the area of wetlands. The road that will serve the
preservation tract, lots 14, and 15 crosses the creek and wetlands. There is no other way to
access this portion of the property other than a road over the creek. This road will eventually
serve lots developed in Louisa County.
(The following statements are from the County's Historic Resources Planner)
The submittal has been reviewed for possible impact to known historic (fifty years old or older)
architectural resources and known or potential archaeological resources with the following
results:
The Virginia Department of Historic Resources' (DHR) Data Sharing System (DSS) has
identified no historic architectural or archaeological resources within the project area. Note: The
absence of historic resources in DHR records does not necessarily mean that no historic
resources are present. It is possible that the area in question has not been systematically
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surveyed for resources, which would be necessary to determine historic significance of
buildings or features located on the site.
1. The project area lies less than one mile east of the Southwest Mountains Rural Historic
District (DHR #002 - 1832), listed on the Virginia Landmarks Register and the National
Register of Historic Places.
2. Within a one mile radius of the project area are numerous individual historic resources
including the site of the Lindsay Railroad Depot (DHR #002 - 0922). Most resources have not
been evaluated for eligibility for listing on the Virginia Landmarks Register and /or the
National Register of Historic Places.
Based upon an association between the proposed Lindsay Station RPD and the site of the
Lindsay Railroad Depot, located to the southwest of the development, it is appropriate for a
historical road marker to be placed near the entrance of the new subdivision that will briefly
describe the historic area.
Although Lindsay Station RPD is located within close proximity to the Southwest
Mountains Rural Historic District and other historic resources, the application of the Rural
Preservation Development (RPD) option should help minimize the visual impact of this
subdivision. In addition, the following recommendations are offered in order to further
mitigate visual impact of development within the rural area:
a. Design new buildings that are compatible with the character of the historic area while
maintaining a focus on landscape.
b. For building siding and trim, use colors and materials that blend with the natural
environment, do not use highly reflective colors or surfaces, or light colored roofs.
c. Concrete driveways visible from off -site should be darkened to blend with the natural
environment.
d. Minimize clearing and grading by utilizing existing vegetation and natural contours of the
land.
e. Replant cleared and graded areas with informal plantings that at maturity will blend with
natural vegetation.
While I have no objection to this proposal, future divisions of farmland in the area will
forever alter the rural character of the region. This will result in the creation of a more suburban
setting and an increase in demands on infrastructure that will ultimately change the context of
remaining historic resources in the area.
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
This design standard has been met.
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 17; the proposal is for 16 lots (15 development lots and 1
preservation tract). The applicant has provided a conventional lot layout, (Last Sheet of Attachment
B) 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 will be allocated to the preservation tract per the
conditions.
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;
This criterion has been met.
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;
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The applicant proposes one rural preservation tract.
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 43.48 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 finds it in
compliance with the provisions of the Subdivision and Zoning Ordinances.
This development will be accessed through Louisa County. The Louisa County Planning & Zoning
Department has reviewed this proposal and will require certain approvals for the final plat. (Attachment
D) Louisa County's comments refer to private roads. Private roads are no longer part of the applicant's
proposal, so the comments no longer apply. Albemarle County will not sign the final plat until Louisa
County has signed the plat.
Recommended Action with Conditions of Approval
Staff finds this proposal adequately meets the intent, design standards and special provisions of Section
10.3 for rural preservation developments in that it preserves 43.48 acres for agricultural and forestal
activities. Staff recommends approval of the Lindsay Station 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 Lindsay Station Rural Preservation
Development Preliminary Subdivision Plat, SUB 2005 -108, 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:
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. Approval of all road names by the E -911 Addressing Coordinator.
3. The plat shall be subject to the Current Development engineer review.
4. Virginia Department of Transportation approval for road plans in accordance with the requirements
for acceptance into the state system.
5. [ 14.302.o] All existing development rights are not being utilized by this proposal. Allocate the
additional development right appropriately to the preservation tract.
6. [14.309 & 310] Written approval from the Health Department for all drainfield locations.
7. [10.3.3.3.f] Approval of a preservation easement by the County and the Public Recreational
Facilities Authority for the Preservation Tract.
8. The plat must be approved and signed by the Louisa County Department of Planning & Zoning.
Attachments
A - Vicinity & Location Maps
B - Rural Preservation Development Preliminary Subdivision Plat with the Conventional
Development Proposal
C - Soils Map
D - Louisa County Preliminary Comments