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Home My WebLink AboutSUB200600162 Staff Report 2006-08-22o� arm Lri"'ZV' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Cismont Reserve Staff: Gerald Gatobu Planning Commission Public Hearing: Board of Supervisors Hearing: August 22, 2006. Not Applicable Owners: B. D. Ladd Applicant: Landsgate, LLC Acreage: 121.96 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 66 Parcels 14, 27, 27A, and By -right use: Rural Area 27B Location: Louisa Road [Route #22], across from Sipe Court [Private] near Cobham Magisterial District: Rivanna Magisterial Proffers /Conditions: Not applicable District Requested # of Dwelling Units /Lots: DA RA x Nineteen (19) lots Comp. Plan Designation: Rural Area in Proposal: Request for authorization to allow a Rural Area 2 private street to serve two (2) lots. The applicant intends to create 19 lots on 121.96 acres with 17 lots served by a public road and 2 lots served by a private street. Character of Property: The site is wooded Use of Surrounding Properties: with no buildings. A stream, Daniel Branch, Residential /Single Family Homes forms the eastern boundary of the property. This stream has floodplain. Factors Favorable: Factors Unfavorable: The general welfare, as opposed to the None identified. proprietary interest of the subdivider, will be better served by the construction of the private street than by the construction of a public street. Additionally, requirements outlined in Section 14- 234(c) will be met. RECOMMENDATION: Approval with conditions. STAFF PERSON: Gerald Gatobu PLANNING COMMISSION: 08/22/2006 SUB 2006 -162 Cismont Reserve APPLICANT: Landsgate, LLC PROPERTY OWNER: B D Ladd APPLICANT'S PROPOSAL: Request for preliminary plat approval to create 19 lots on 121.96 acres. The property is zoned RA, Rural Areas. The property, described as Tax Map 66 Parcels 14, 27, 27A, and 27B, is located in the Rivanna Magisterial District on Louisa Road [Route #22], across from Sipe Court [Private] near Cobham. CHARACTER OF AREA: The site is wooded with no buildings. A stream, Daniel Branch, forms the eastern boundary of the property. This stream has floodplain. PLANNING AND ZONING HISTORY: No planning history found for this site. COMPREHENSIVE PLAN: This property is located in Rural Area 2 of the Comprehensive Plan. REASON FOR PLANNING COMMISSION REVIEW: The applicant is proposing a private street to serve two lots within the subdivision STAFF COMMENT: This project has been reviewed by the site review committee and may be approved administratively if the Planning Commission authorizes the use of a private street. REVIEW OF CHAPTER 14, SECTION 232(A) TO ALLOW USE OF PRIVATE STREETS. The applicant has submitted a request that one street within the development to serve two lots be authorized as private streets. All other lots will be served by a proposed public street. County Engineering staff has analyzed each street as required by Chapter 14, Section 234 (Procedure to authorize private streets and related matters) and Section 412 (Standards for private streets only) of the County Code. The applicant has requested private street approval as permitted by Section 14- 232(A)(3) which authorizes the Planning Commission to approve a private street: "One or more private streets may be authorized if the general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the construction of one or more private streets or shared driveways" There is no question that the owner has a proprietary interest in this subdivision which can be accomplished by the allowance of a private road, however, use of this private street serves the public purpose, and therefore, the general welfare, as it relates to Section 14 -101 - Purpose of the Subdivision Ordinance, as follows: A. Improve the public health, safety, convenience and welfare of the citizens of the county by assuring the orderly division of land and its development; Use of only one private street assures the orderly division of land by minimizing the number of entrances onto public roads. B. Provide residential areas with healthy surroundings for family life by assuring that land is divided and developed in a manner that is harmonious with its surrounding lands; This parcel is being divided as allowed in the Subdivision and Zoning Ordinances. The street proposed to be utilized by these two lots will be designed per the County's regulations. C. Implement the comprehensive plan and the policies stated in section 1.4 of the zoning ordinance through the standards and procedures established herein; Review of this subdivision by the Site Review Committee has assured that the policies stated in Section 1.4 of the Zoning Ordinance will be implemented. D. Assure that the development of the county is consonant with efficient and economical use of public funds; No public funds will be used for this proiect. E. Assure that all improvements required by this chapter will be designed constructed and maintained so as not to become an undue burden on the community. The proposed subdivision has been reviewed by the Site Review Committee to assure that the subdivision would not become an undue burden on the community. All improvements will be built and maintained by the developer and owner(s) of the proposed lots. Additionally, the applicant's request /justification for a private street has been made with regards to sections 14- 234(C). (Attachment C) As Per Section 14- 234(C), the Commission may authorize one or more private streets to be constructed in a subdivision if it finds that one or more of the circumstances described in section 14 -232 exists and it determines that: 1.1he private street will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. Yes. (2 dwelling units x 10 trips per day = 20 trips per day) The review of the design of the road must be approved by a Community Development Engineer and will be adequate to carry the volume. 2.1he comprehensive plan does not provide for a public street in the approximate location of the proposed private road; The Comprehensive Plan does not provide for a public street in the location of this private road. 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, subiect in either case to any easement for the benefit of all lots served by the road; The private street property will be owned by the owner of each lot abutting the right -of -way thereof, but the maintenance of the private road will be the responsibility of the two lots it serves. The private street will be owned by the owner(s) of the two lots. Through a road maintenance agreement, the owners will be responsible for the maintenance and repair of the private 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 The private road will not serve through traffic, nor intersect the state highway system in more than one location. 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. Not applicable. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of the Subdivision Ordinance recommends approval of the private street request. If this street request is approved, staff will administratively approve the preliminary plat. ATTACHMENTS: A. Vicinity Map B. Reduced Preliminary Site Plan C . Applicant's request /justification for a private street