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Home My WebLink AboutSUB200600188 Staff Report 2006-09-19o� ark, r y� ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB 06 -188 Ingleside Staff: David Pennock Subdivision — Private Street authorization request Planning Commission Public Hearing: Board of Supervisors Hearing: September 19, 2006 N/A Owners: 12 property owners, represented by Applicant: Ingleside Homeowners' Ingleside Homeowners' Association Association Acreage: approximately 5.01 Acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 60, portions of Parcels 1 B, 1 C, By -right use: RA, Rural Areas 1D, 1E, 1F, 1G, 1H, 1J, 1K, 1L, 1M, 1N Location: northeast side of Garth Drive [State Route #601] —existing Ingleside Subdivision Magisterial District: Jack Jouett Proffers /Conditions: Requested # of Dwelling Units /Lots: N/A DA RA - X Proposal: Request for authorization to Comp. Plan Designation: Rural Areas in convert a dedicated public right -of -way Rural Area 1. to a private street, in accordance with Sections 14 -232 and 14 -234. Character of Property: Property is within the Use of Surrounding Properties: Single - dedicated right -of -way for Ingleside Drive and family Residential Ingleside Lane Factors Favorable: Factors Unfavorable: RECOMMENDATION: Staff finds that this request is not consistent with the criteria of Section 14- 232(a) and 14- 234(c) for granting a modification to allow private streets in the rural areas and recommends denial of the requested waiver. STAFF CONTACT: David E. Pennock, AICP; PLANNING COMMISSION: September 19, 2006 AGENDA TITLE: SUB 2006 -188: Ingleside Subdivision — Private Street authorization request PROPERTY OWNER: 12 property owners, represented by Ingleside Homeowners' Association APPLICANT: Ingleside Homeowners' Association APPLICANT'S PROPOSAL: Request for approval to convert a dedicated public right -of -way to a private street. The property is zoned Rural Areas, RA. The property, described as Tax Map 60, portions of Parcels 113, IC, ID, 1 E, IF, 1 G, 1 H, 1 J, 1 K, 1L, 1M, 1N, is located in the Jack Jouett Magisterial District on Ingleside Drive and Ingleside Lane in Ingleside Subdivision (Attachment A). Ingleside Drive and Ingleside Lane were approved as public streets during the review of the Ingleside Subdivision in 1990. The road construction plans were reviewed by the Virginia Department of Transportation (VDOT) and road inspections have indicated that the construction of the street is in accordance with the approved plans. Road completion bonds have been released based on these inspections. However, the road has not been accepted in to the State System for public maintenance. The homeowners' association for Ingleside currently maintains the roads, and has asked for authorization to continue to do so, as outlined in the applicants' request letter (Attachment B). COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas in Rural Area 1. PLANNING AND ZONING HISTORY: SUB 1990 -063: Ingleside Preliminary and Final Subdivision REASON FOR PLANNING COMMISSION REVIEW: Approval of this application requires Planning Commission approval, in accordance with Section 14 -234 of the Subdivision Ordinance. Typically, a request of this type would have been heard during the review of the preliminary plan for the subdivision, as outlined in the Subdivision Ordinance. However, because the streets have not been accepted in to the State system, the vacation of the dedicated right -of -way and the recordation of an easement establishing a private right -of -way can be approved simultaneously through approval of a waiver by the Planning Commission along with an administrative review of the associated plat. ANALYSIS OF SECTION 14 -232: Compliance with Subdivision Ordinance section 14- 232A.1; 14 -232A. I (i) property in the Rural Areas or Village Residential zoning district: The property is zoned Rural Areas. 14 -232A. I (ii) private road would alleviate a clearly demonstrable danger of significant degradation to the environment: The roads have been designed and built to a public road standard. There is no significant difference in environmental impact based on the ownership of the road. 14 -232A. I (iii) no alternative public street alignment is available: The existing streets serve the subdivision. The public street alignment would be identical to the private street alignment. 2 14 -232A. I (iv) no more lots are proposed on the private road than could be created on the public road: The lots have already been recorded, and no additional lots will be possible with the additional acreage formerly in right -of -way. In addition, no additional lots are proposed with this application. It is possible that more lots could be created on a public road than on a private street, assuming further future subdivision of large parcels with frontage on the roads in Ingleside. However, approval of these streets as private streets will likely result in any such future divisions accessing via new entrances on to Garth Road instead. 14- 232A.1. (a) the total volume of grading for construction of a public street would be thirty (30) percent or more than that of a private road in the same alignment: The public street alignment would be identical to the private street alignment. There is no difference between public and private standards or earthwork in this case. 14- 232A.1. (b),Environmental impacts including, but no limited to, erosion and sedimentation, stormwater runoff, surface water pollution, loss of tree cover...: In this case, environmental impacts, other than volume of earthwork, will be no different between a public road and private road along the same alignment. Any stream buffer and critical slope disturbances would be the same. SECTION 14 -234: Per Section 14- 234(c), the Commission may authorize one or more private roads to be constructed in a subdivision if it finds that one or more of the circumstances described in section 14 -232 exists and that: The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. Based on the engineering analysis during the review of the subdivision, the current condition of the existing streets is adequate to meet the standards required by the Subdivision Ordinance or by either of the applicable VDOT standards for subdivision streets. 2. The 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 road. 3. The fee of the private road 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 road; Section 14 -317 of the Subdivision Ordinance requires that a maintenance agreement be submitted for review by Planning Staff and the County Attorney in all situations where improvements are required to be maintained. The homeowners' association currently maintains the roads. If this request is approved, a road maintenance agreement will be required for approval by the County prior to final plat recordation establishing the private right -of -way easement. 4. Except where required by the commission to serve a specific public purpose, the private road will not serve through traffic nor intersect the state highway system in more than one location; and The private roads will not serve through traffic, nor intersect the state highway system in more than one location. 5. If applicable, the private road has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law. Not applicable. RECOMMENDATION: The streets were designed and built to VDOT standards, which are the same standards that would be required if the streets had been proposed as private streets during the review process for the initial subdivision. By converting these streets to a private maintenance situation, there is a perceived risk that the Homeowners' Association may be unable to maintain the streets at an acceptable standard at some future point. However, by requiring review and approval of maintenance documents demonstrating the continued maintenance of the streets in the future, the risk of a default of this type may be minimized. The alignment and impact of the construction for these streets are no different in either a public or private maintenance situation. The allowable number of lots accessing via the streets will not change as a result of this approval. By contrast, there is some possibility that the future ability of additional lots to access via the existing streets in the subdivision may be more limited with a private street than with a public street. This is due to the requirement that any additional lots accessing an existing private street must be reviewed and approved by the Planning Commission. This same requirement does not currently exist for new lots to access on to existing public streets. However, by eliminating the ability of future divisions to access on to the streets in Ingleside, there is the possibility that any future subdivisions will require new entrances on to Garth Road instead. Overall, there is very limited difference in public versus private ownership of the right -of -way. Thus, none of the findings in Section 14 -232 demonstrate a need for a private street instead of a public street. Without such a finding, staff finds that this request is not consistent with the criteria of Section 14- 232(a) and 14- 234(c) for granting a modification to allow private streets in the rural areas. Attachments: A - Tax Map/Location Map B - Applicant's Request and Justification C - Site Plan Reduction D - E -mail from VDOT 2