HomeMy WebLinkAboutSUB200600109 Executive Summary 2006-06-06COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB 2006 -0109 Dunlora Gates- AGENDA DATE: June 6, 2006
Preliminary Subdivision Plat
CONSENT AGENDA: No
SUBJECT /PROPOSAL /REQUEST: Proposal for 14
lot subdivision adjacent to Dunlora with waivers and ACTION: Yes
open space.
ATTACHMENTS: Yes
STAFF CONTACT(S): Keith Lancaster & Allan Schuck
REVIEWED BY: WDF, DEP
PROPERTY OWNER & APPLICANT: Susan D. Brown Estate, C/O Phillip E. Brown & Caleb Stowe
BACKGROUND: This vacant property is in the development area adjacent to the Dunlora Subdivision. The
applicant proposes to a create 14 lot by -right subdivision on 7.85 acres, with open space. The Planning
Commission must take action on five waiver request and the appropriateness of the proposed Open Space.
DISCUSSION: The Planning Commission will need to act on several waiver requests and make findings on the
appropriateness of the proposed Open Space.
Subdivision Ordinance Waivers
1. Waiver of Section 14- 409(D) — interparcel connection (recommendation, denial)
2. Waiver of Section 14- 410(I) — installation of curb and gutter (recommendation, approval)
3. Waiver of Section 14- 422(E) — installation of sidewalks (recommendation, denial)
4. Waiver of Section 14- 422(F) — installation of planting strips (recommendation, denial)
Zoning Ordinance Waiver
5. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
6. Section 4.7 - Approval of Open space (recommendation, approval)
RECOMMENDATION: Each waiver has been reviewed with consideration for the required criteria. Staff
recommendations are addressed in the report.
ATTACHMENTS:
Staff Report
STAFF PERSON: KEITH LANCASTER
PLANNING COMMISSION: JUNE 6, 2006
AGENDA TITLE: SUB 2006 -109 DUNLORA GATES PRELIMINARY PLAT
APPLICANT: Caleb Stowe
PROPERTY OWNER(S): Susan D. Brown Estate, C/O Phillip Brown
APPLICANT'S PROPOSAL: Request for preliminary plat approval to create 14 lots with internal public streets
on 7.850 acres, with open space (Attachment A). The property is zoned R -4, Residential and described as Tax
Map 62, Parcel 10. The parcel is located in the Rio Magisterial District on Townbrook Crossing approximately
400 feet from the intersection of Shepherds Ridge Run [Route #1709] and Townbrook Crossing (Attachment B).
The Comprehensive Plan designates this property as Neighborhood Density in Urban Area 2.
REASON FOR PLANNING COMMISSION REVIEW: This proposal is a by -right subdivision, this type of
request is usually reviewed and approved administratively. The applicant has requested waivers of Ordinance
requirements for coordination of streets, provision of curb & gutter, sidewalks, and planting strips, and
disturbance of critical slopes. The subdivision also proposes open space. Therefore, the Commission must act on
each of the waivers as well as the appropriateness of the open space.
PLANNING AND ZONING HISTORY: The parcel has no planning or zoning history. The final plat for Phase
3B of Dunlora - Rivercrest, which is adjacent to this proposal, was approved on June 18, 2002.
DISCUSSION:
The Planning Commission will need to act on several waiver requests, make findings on the appropriateness of
the proposed Open Space (Attachment Q. This staff report is organized to address each issue separately. The
Commission must act on all of the items. The items to be addressed are:
Subdivision Ordinance
1. Waiver of Section 14- 409(D) — interparcel connection
2. Waiver of Section 14- 410(I) — installation of curb and gutter
3. Waiver of Section 14- 422(E) — installation of sidewalks
4. Waiver of Section 14- 422(F) — installation of planting strips
Zoning Ordinance
5. Waiver of Section 4.2.5 — disturbance of critical slopes
6. Section 4.7 - Approval of Open space
This subdivision has been reviewed by the Site Review Committee. With approval of the six items above the plat
will meet the requirements of the Subdivision and Zoning Ordinances.
1. COORDINATION OF PUBLIC STREETS
This proposal includes the extension of one adjacent public road ( Townbrook Crossing). Section 14 -409 of the
Subdivision Ordinance requires that "All public streets within a subdivision shall be coordinated as to location,
width, grades and drainage with other public streets, as follows: (i) by coordinating with existing or planned
streets within the general area of the subdivision, including but not limited to existing or future adjacent
subdivisions, or subdivisions contiguous to such adjacent subdivisions; and (ii) by continuing the public streets to
planned, existing, or platted streets into adjoining areas by dedication or reservation of right of way adequate to
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accommodate continuation of the streets." The applicant is requesting a waiver from this requirement due to
several factors (see Attachment E). In summary, the applicant justifications are:
1. The extension of this existing road would not enhance either the existing subdivision or proposed
development on the adjacent property
2. Access is provided to State Route 631 (Rio Road) by Shepherds Ridge Road.
3. The applicant is willing to provide emergency ingress and egress between Shepherds Ridge Road and
State Route 651 (Free State Road).
REVIEW OF MODIFICATIONS TO SECTION 14 -409: "Coordination and extension of streets"
Section 14- 409(A) of the Subdivision Ordinance requires the coordination of public streets. Section 14- 409(C)
allows the Planning Commission to modify or waive the requirements. The applicant has submitted the required
information for the waiver request. Staff analysis of 14- 409(C)2 is contained below:
Consideration and findings:
(i) the engineering requirements for coordination and connection;
The existing topography allows the extension to Townbrook Crossing (West) to be made easily. There are no
existing critical slopes, stream buffers, or drainage concerns that would prohibit the interconnection to be
made to Townbrook Crossing (West). The connection to Townbrook Crossing (West) may result in the loss
of a proposed lot when using the existing lot configuration.
(ii) whether the need for coordination and connection outweighs the impacts on environmental resources
such as streams, stream buffers, steep slopes, and floodplain;
No potential impact on environmental resources have been identified.
(iii) whether the street would and should be extended into the rural areas;
This property is in the Development Areas and will not extend into the rural areas.
(iv) whether there is an alternative street connection from another location in the subdivision that is
preferable because of design, traffic flow, or the promotion of the goals of the comprehensive plan,
including the neighborhood model, and the applicable neighborhood master plan;
Both Townbrook Crossings are adjacent to the boundary of this parcel. The applicant has proposed the
extension of only one street connection from the north. This would limit movement of traffic through the
neighborhood. One of the characteristics of the Neighborhood Model is interconnected streets and
transportation networks in order to facilitate infill development in the Development Areas. Limiting the
connections does not forward the goals of the Neighborhood Model.
(v) whether the waiver would enable a different principle of the neighborhood model to be satisfied to a
greater extent so that the overall goals of the neighborhood model are more fully achieved.
Extending the street would impact open space in Dunlora. This impact is limited, but would result in some
loss in open space which may be considered inconsistent with the neighborhood model.
In approving a waiver, the commission shall find that requiring coordination would not forward the purposes of
this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, to sound engineering practices and to the land
adjacent thereto.
RECOMMENDATION: No potential impacts on environmental resources have been identified. Approval of
the waiver would not forward the goals of the Neighborhood Model in staff's opinion. Therefore, staff
recommends Planning Commission denial of the waiver based on the findings provided herein.
2. CURB AND GUTTER
This proposal would not provide curb and gutter for the public street. Section 14- 410(H) of the Subdivision
Ordinance requires that `In the development areas, streets shall be constructed with curb or curb and gutter,
sidewalks and planting strips. Sidewalk and planting strips shall be designed and constructed in compliance with
section 14 -422. " The applicant is requesting a waiver from this requirement due to several factors (see
Attachment D). In summary, the justifications are:
1. The open ditch concept provides a much lower stormwater impact project than the requested curb and gutter
with storm sewer and sidewalk.
2. This design will also be compatible with the existing developments throughout this area.
REVIEW OF MODIFICATIONS TO SECTION 14 -410: "Standards for all streets and alleys"
Section 14- 410(H) of the Subdivision Ordinance requires streets in the development areas to be constructed with
curb or curb and gutter. Section 14- 410(I) allows the Planning Commission to waive the requirements as
provided in section 14- 225.1. The applicant has submitted the required information for the waiver request. Staff
analysis of 14- 410(i) is contained below:
Consideration and findings:
(i) the number of lots in the subdivision and the types of lots to be served;
This plat will create an additional 14 single - family detached lots.
(ii) the length of the street;
The street will be extended approximately 510 feet.
(iii) whether the proposed street(s) or street extension connects into an existing system of streets
constructed to a rural cross- section;
The connection will be made to a rural cross - section.
(iv) the proximity of the subdivision and the streets to the boundaries of the development and rural areas;
Two public streets are adjacent to this parcel, but this development is not adjacent to the rural area. The rural
areas are approximately 0.6 miles to the east.
(v) whether the streets terminates in the neighborhood or at the edge of the development area or is
otherwise expected to provide interconnections to abutting lands;
The proposed street extension will terminate within the neighborhood.
(vi) whether a rural cross- section in the development areas furthers the goals of the comprehensive plan,
with particular emphasis on the neighborhood model and the applicable neighborhood master plan;
The land use plan recommends neighborhood - friendly streets that provide curb and gutter. The extension of
Townbrook Crossing (North and/or West) would be the only road section in this area with a curb and gutter
section for the public roads.
(vii) whether the use of a rural cross- section would enable a different principle of the neighborhood model
to be more fully implemented;
None have been identified.
(viii) whether the proposed density of the subdivision is consistent with the density recommended in the
land use plan section of the comprehensive plan.
The land use plan calls for 3 -6 dwellings per acre. This development will only provide approximately 2
dwellings per acre.
In approving a waiver, the commission shall find that requiring curb & gutter would not forward the purposes of
this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, to sound engineering practices and to the land
adjacent thereto.
RECOMMENDATION: The use of curb and gutter will assist with the containment of the road drainage and
direct the flow more efficiently to the proposed SWM facility. However, the consistence pattern of development
within the neighborhood is rural cross - sections. Staff has reviewed this request with consideration for the
required criteria and recommends Planning Commission approval of the waiver based on the findings provided
herein.
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3. SIDEWALKS
This proposal would not provide sidewalks on either side of the street. Section 14 -422 of the Subdivision
Ordinance requires that "Sidewalks and planting strips for street trees and other vegetation shall be established
on both sides of each new street within a subdivision creating lots for single family detached and single family
attached dwellings in the development areas. "
REVIEW OF MODIFICATIONS TO SECTION 14 -422: "Sidewalks and planting strips"
Section 14- 422(A) of the Subdivision Ordinance requires sidewalks be established on both sides of each new
street within a subdivision in the development areas. Section 14- 422(E) allows the Planning Commission to
waive the requirements as provided in section 14- 225.1. The applicant has submitted the required information for
the waiver request. Staff analysis of 14- 422(E) is contained below:
Consideration and findings:
(i) a waiver to allow a rural cross- section has been granted;
See prior section.
(ii) a surface other than concrete is more appropriate for the subdivision because of the character of the
proposed subdivision and the surrounding neighborhood;
No alternative is proposed by the applicant.
(iii) sidewalks on one side of the street are appropriate due to environmental constraints such as stream,
stream buffer; critical slopes, floodplain, or wetlands, or because lots are provided on only one side
of the street;
The surrounding neighborhood has concrete sidewalks provided on one side of the street. No environmental
constraints exist (Attachment E).
(iv) the sidewalks reasonably can connect into an existing or future pedestrian system in the area;
The existing sidewalks on both Townbrook Crossings could be extended. However, sidewalks are currently
only provided on one side of the existing streets.
(v) the length of the street is so short and the density of the development is so low that it is unlikely that
the sidewalk would be used to an extent that it would provide a public benefit;
The extension of the sidewalks will forward the goals of the neighborhood model for a pedestrian oriented
neighborhood.
(vi) an alternate pedestrian system including an alternative pavement could provide more appropriate
access throughout the subdivision and to adjoining lands, based on a proposed alternative profile
submitted by the subdivider;
No alternative is proposed by the applicant.
(vii) the sidewalks would be publicly or privately maintained;
No sidewalks are proposed.
(viii) the waiver promotes the goals of the comprehensive plan, the neighborhood model, and the
applicable neighborhood master plan;
The waiver will not promote the goals of the neighborhood model.
(ix) waiving the requirement would enable a different principle of the neighborhood model to be more
fully achieved.
Two design approaches of the neighborhood model are pedestrian oriented neighborhoods and neighborhood
friendly streets and paths. Waiving the requirements would not forward the goals of the neighborhood model.
In approving a waiver, the commission shall find that requiring sidewalks would not forward the purposes of this
chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, to sound engineering practices and to the land
adjacent thereto.
RECOMMENDATION: There are no engineering issues that prevent the construction of sidewalks in this
subdivision. The adjacent areas have existing sidewalks that promote the need for pedestrian access (sidewalks)
through this subdivision. Staff recommends Planning Commission denial of the waiver based on the findings
provided herein.
4. PLANTING STRIP
This proposal would not provide planting stripes on either side of the street. Section 14 -422 of the Subdivision
Ordinance requires that "Sidewalks and planting strips for street trees and other vegetation shall be established
on both sides of each new street within a subdivision creating lots for single family detached and single family
attached dwellings in the development areas. "
REVIEW OF MODIFICATIONS TO SECTION 14 -422: "Sidewalks and planting strips"
Section 14- 422(A) of the Subdivision Ordinance requires planting strips be established on both sides of each new
street within a subdivision in the development areas. Section 14- 422(F) allows the Planning Commission to
waive the requirements as provided in section 14- 225.1. The applicant has submitted the required information for
the waiver request. Staff analysis of 14- 422(F) is contained below:
Consideration and findings:
(i) a waiver to allow a rural cross- section has been granted;
See prior section.
(ii) a sidewalk waiver has been granted;
See prior section.
(iii) reducing the size of or eliminating the planting strip promotes the goals of the comprehensive plan,
the neighborhood model, and the applicable neighborhood master plan;
The existing roads adjacent to this subdivision provide planting strips for street trees on both sides of the
street. Eliminating the planting strip would not promote the goals of neighborhood friendly streets.
(iv) waiving the requirement would enable a different principle of the neighborhood model to be more
fully achieved.
None identified.
In approving a waiver, the commission shall find that requiring planting strips would not forward the purposes of
this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.
RECOMMENDATION: There are no identified issues that prevent the construction of planting strips in this
subdivision. The adjacent areas have existing planting strips with the roads. Therefore, staff recommends the
construction of planting strips for this subdivision.
5. CRITICAL SLOPES WAIVER
A modification to allow critical slopes disturbance is necessary before the preliminary plat can be approved by the
Planning Commission. The request for a modification has been reviewed for both the Engineering and Planning
aspects of the critical slopes regulations. Critical slopes disturbances that are exempt from the requirements of
Section 4.2 include the installation of stormwater and sanitary sewer utilities and construction of accessways,
provided that no reasonable alternative location or alignment exists. Based on the plat as submitted, the only
areas of critical slopes that require approval of a waiver for disturbance are those slopes located on lots 10 and 11
adjacent to the open space. All other critical slopes to be disturbed on the property do not require a waiver.
Staff has reviewed this waiver request with consideration for the five (5) concerns that are set forth in Section 4.2
of the Zoning Ordinance entitled "Critical Slopes." Staff has reviewed this request as required by Sections 4.2
and 4.2.5 of the ordinance. This review is divided into two parts, a review for the engineering impacts and a
review of impact on aesthetic resources.
Section 4.2.5(a)
Review of the request by Current Development Engineering staff:
The critical slope area, within TMP 62 -10, appears to be natural slopes. The critical slope disturbances are in the
form of subdivision construction; single family residences, roads, stormwater facilities, and water and sanitary
sewer lines.
Areas
Acres
Total site
7.85
Critical slopes
Approx.
2.35
Approx. 30% of development
Critical slopes disturbed
0.129
Approx. 5.5% of critical slopes
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "movement of soil and rock ":
Proper slope construction, control of drainage, and vegetative stabilization with approved erosion
control measures constructed within the standards of Virginia Erosion and Sedimentation Control
Regulations will prevent any movement of soil.
2. "excessive stormwater run -off':
Stormwater runoff will be controlled by the drainage /stormwater management plan required for this
site.
3. "siltation of natural and man -made bodies of water ":
There is an existing stream located on the eastern half of the property. The areas of critical slope
disturbance are located to the west of the stream and outside of the stream banks. Engineering
recognizes the proposed design as being imperative to providing access to the site with minimal
disturbance to the critical slope areas and no proposed disturbance to the existing stream.
Inspection and bonding by the County will ensure siltation control during construction. Proper
stabilization and maintenance will ensure long term stability.
4. "loss of aesthetic resource ":
See Review of the request by Current Development Planning staff.
5. "septic effluent ":
This is not a concern as the site will be serviced by public sewer.
This site does not drain into a waterway that is a public drinking water supply for Albemarle County. No portion
of this site is located inside the 100 -year flood plain area according to FEMA Maps, dated 04 February 2005.
Based on the above review, there are no engineering concerns which prohibit the disturbance of the critical slopes
as shown on the plans.
Review of the request by Current Development Planning staff:
The Planning analysis of this request addresses the concern for the possible loss of aesthetic resources. Some of
the critical slopes on this property are delineated as Major or Locally Important Stream Valleys or Mountain on
the Composite Map for Urban Neighborhood One and Two (Attachment D). However, the area of critical slopes
proposed for disturbance are not delineated on the Open Space Plan Concept Map, nor are they located within any
Major or Locally Important Stream Valleys, or Mountains. Therefore, staff feels there is no significant loss of
aesthetic resources.
Summary of review of modification of Section 4.2:
Section 4.2. S establishes the review process and criteria for granting a waiver of Section 4.2.3. The preceding
comments by staff address the provisions of Section 4.2.5a. Staff has included the provisions of Section 4.2.5b
here, along with staff comment on the various provisions.
The commission may modem or waive any requirement of section 4.2 in a particular case upon finding that:
Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or
otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would
satisfy the purposes of section 4.2 to at least an equivalent degree; or (Added 11- 15 -89)
A relatively small area of critical slopes is proposed for disturbance on this site and that area of slope is
not shown on the Open Space Plan. Staff will note that this area is visible from the adjacent parcels.
Therefore, staff finds that a strict application of the requirements set forth in Section 4.2 would not
forward the purposes of this chapter or otherwise serve the public health, safety or welfare.
2. Due to its unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would
effectively prohibit or unreasonably restrict the use of the property or would result in significant
degradation of the site or adjacent properties. Such modification or waiver shall not be detrimental to the
public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be
contrary to sound engineering practices; or (Added 11- 15 -89)
Denial of this waiver would not prohibit or restrict the use of the property. Approval of this request
would accommodate the by -right development of an infill property within the development areas of the
Comprehensive Plan, while the most important slopes on the property would remain undisturbed in the
proposed open space.
3. Granting such modification or waiver would serve a public purpose of greater import than would be
served by strict application of section 4.2. (Added 11- 15 -89)
Staff has identified no evidence that the act of granting the proposed waiver would serve any greater
public purpose that would be served by a strict application of Section 4.2.
RECOMMENDATION: Generally staff finds that this request is consistent with the criteria of Section 4.2.5a for
granting a waiver and is therefore able to recommend approval to the Commission of a waiver of Section 4.2.3.
6. OPEN SPACE
This development proposes open space. This open space is voluntary and not required by any provision of the
ordinance. However, all open space must be authorized by the Planning Commission. Section 4.7 of the Zoning
Ordinance below requires that appropriateness of open space be assessed as follows:
4.7.1 OPEN SPACE, INTENT
Open space provisions are intended to encourage development approaches reflective of the guidelines of
the comprehensive plan by permitting flexibility in design. More specifically, open space is intended to
serve such varied comprehensive plan objectives as:
- Provision of active /passive recreation;
- Protection of areas sensitive to development;
- Buffering between dissimilar uses; and
- Preservation of agricultural activity.
To this end, in any rezoning, subdivision plat, or site development 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, size, shape and topographic characteristics.
(1) Most of the proposed open space, approximately 3.28 acres, is in the form of "natural" areas for passive
recreation. All of the open space is well connected to adjacent open space. (Attachment C)
(2) The applicant's open space plan identifies critical slopes as being part of the proposed open space and
drainage area.
(3) There are no dissimilar uses adjacent to this development to buffer.
(4) This proposal does not preserve agricultural activity. This will be an urban open space system.
(5) The location of the open space is appropriate in that it provides protection of critical slopes, conservation
of existing trees, and drainage area.
(6) The proposal includes approximately 3.28 acres in open space, which amounts to 41.7% of the total site.
(7) The shape of the open space does not appear to pose any detriment to the development. Open spaces are
well connected to each other and have multiple points of access.
(8) There is an adequate balance between critical and gentler slopes throughout the proposed open space..
4.7.2 USES PERMITTED IN OPEN SPACE
Unless otherwise permitted by the commission in a particular case, open space shall be maintained in a
natural state and shall not be developed with any man -made feature. Where deemed appropriate by the
commission, open space may be used for one or more of the following uses subject to the regulations of
the zoning district in which the development is located:
- Agriculture, forestry and fisheries including appropriate structures;
-Game preserve, wildlife sanctuaries and the like;
- Noncommercial recreational structures and uses;
- Public utilities;
-Wells and septic systems for emergency use only (reference 4.1.7) (Amended 6- 31 -81)
- Stormwater detention and flood control devices.
There is an existing public sewer line located in the proposed open space as well as proposed stormwater and
other bioretention area.
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4.7.3 OPENSPACE DESIGN REQUIREMENTS (Amended 11- 15 -89)
4.7.3.1 In addition to provisions of section 4.7.1 and section 4.7.2, in reviewing development proposing
incorporation of open space, the commission may require inclusion in such open space of.-
(Amended 11- 15 -89)
- areas deemed inappropriate for or prohibited to development such as but not limited to: land in the one
hundred year flood plain and significant drainage swales; land in slopes of twenty -five (25) percent or
greater; major public utility easements; stormwater detention and flood control devices; lands having
permanent or seasonally high water table; (Amended 11- 15 -89)
- areas to satisfy provisions of section 4.16 Recreation Regulations; (Added 11- I5 -89)
- areas to provide reasonable buffering between dissimilar uses within such development and between
such development and adjoining properties. (Added 11- 15 -89)
4.7.3.2 The commission may require redesign of such proposed development to accommodate open space areas
as may be required under this provision; provided that, in no case, shall such redesign result in reduction
of the total number ofproposed dwellings unit otherwise realizable under this ordinance for conventional
development. (Added 11- 15 -89)
(1) There is no flood plain in the open space or on the property.
(2) Most of the critical slopes are already shown in open space.
(3) An existing sewer line is already through portions of the open space.
(4) A stormwater detention facility to the north of the site drains through this open space.
(5) The soils located in the open space are shown to support seasonally high water tables as defined in Table
39D Soil and Water Features of the United States Department of Agriculture Soil Conservation Service,
Soil Survey of Albemarle County, Virginia, August, 1985.
(6) Recreational areas are not required or proposed.
(7) Some of the open space provides a reasonable buffer from adjacent subdivisions and will connect to the
open space on the south side of the parcel.
4.7.4 OWNERSHIP OF OPEN SPACE
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 subject
to commission approval as apart of the site development plan and /or subdivision plat approval process.
Open space may be dedicated to public use subject to approval and acceptance by separate resolution of
the board of supervisors. Open space so dedicated shall be counted as apart of the minimum required
open space.
The entire 3.28 acres of open space shown on the plat is proposed to be in private ownership, and will be
maintained by a homeowners association.
Staff recommends that the Commission find the proposed open space appropriate for the proposed development.
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CONCULSION: The Planning Commission will need to act on several waiver requests and make findings on the
appropriateness of the proposed Open Space. Staff recommendations are as follows:
Subdivision Ordinance Waivers
1. Waiver of Section 14- 409(D) — interparcel connection (recommendation, denial)
No potential impacts on environmental resources have been identified. Approval of the waiver would not
forward the goals of the Neighborhood Model in staff's opinion. Therefore, staff recommends Planning
Commission denial of the waiver based on the findings provided herein
2. Waiver of Section 14- 410(I) — installation of curb and gutter (recommendation, approval)
The use of curb and gutter will assist with the containment of the road drainage and direct the flow more
efficiently to the proposed SWM facility. However, the consistence pattern of development within the
neighborhood is rural cross - sections. Staff has reviewed this request with consideration for the required
criteria and recommends Planning Commission approval of the waiver based on the findings provided
herein.
3. Waiver of Section 14- 422(E) — installation of sidewalks (recommendation, denial)
There are no engineering issues that prevent the construction of sidewalks in this subdivision. The
adjacent areas have existing sidewalks that promote the need for pedestrian access (sidewalks) through
this subdivision. Staff recommends Planning Commission denial of the waiver based on the findings
provided herein.
4. Waiver of Section 14- 422(F) — installation of planting strips (recommendation, denial)
There are no identified issues that prevent the construction of planting strips in this subdivision. The
adjacent areas have existing planting strips with the roads. Therefore, staff recommends the construction
of planting strips for this subdivision.
Zoning Ordinance Waiver
5. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
Generally staff finds that this request is consistent with the criteria of Section 4.2.5a for granting a waiver
and is therefore able to recommend approval to the Commission of a waiver of Section 4.2.3.
6. Section 4.7 - Approval of Open space (recommendation, approval)
Staff recommends that the Commission find the proposed open space appropriate for the proposed
development.
ATTACHMENTS:
A. Preliminary Plat
B. Location/Detail Maps
C. Applicant's Request and Justification
D. Open Space Map
E. Photo's of existing roads
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