HomeMy WebLinkAboutSUB202100009 Staff Report 2021-03-23 (2)COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434)972-4126
To: Albemarle County Planning Commission
From: Andy Reitelbach
Date: March 23, 2021
Re: SE202100005 and SUB202100009 Request for Private Street Authorization and
Modification of street standards for sidewalk and planting strips (Old Trail Village Block
32).
TMPs: 055E0-01-32-06400;055EO-01-32-06600
Magisterial District: White Hall
School Districts: Western Albemarle H.S.; Henley M.S.; Brownsville E.S.
Zoning District: NMD- Neighborhood Model District in accordance with ZMA2015-001
Summary of Request for Special Exception:
March Mountain Properties, LLC, has submitted a request and justification (Attachment 1) for the following:
1. Private street authorization (Sections 14-233 and 14-234).
2. Modification of street standards
a. 14-422(E)- Sidewalk along one side of the requested private street
b. 14-422(F)- Planting strip along one side of the requested private street
This request is associated with a proposed subdivision as depicted on the two exhibits provided by the applicant
(Attachment 2). A map has been provided by the applicant depicting the existing private streets, along with the one
proposed private street requested with this application, in the Old Trail Village development (Attachment 3). Detailed
analysis of these requests in accordance with the requirements of the ordinance is provided in Attachment 4.
Staff Recommendation:
Staff recommends approval of the modification requests as follows:
1. Private street authorization (Sections 14-233 and 14-234).
Staff recommends approval with the following conditions:
1. The private street, which is called Bishopgate Place (or Bishopgate Lane Extended), also
identified as Fire Access Lane, and the associated subdivision must be in general accord with
the layout as depicted on "Exhibit A," dated March 16, 2021, exhibit prepared by Timmons
Group, which is included in Attachment 2 of this staff report.
2. Bollards must be provided at the end of the private street where the street will transition into
emergency access.
2. Modification of street standards.
a. 14-422(E)- Sidewalk along one side of the requested private street.
Staff recommends approval with the following condition:
1. Sidewalk must be provided along the north/northwest side of Bishopgate Place (or
Bishopgate Lane Extended), also identified as Fire Access Lane, as shown on "Exhibit A,"
dated March 16, 2021, exhibit prepared by Timmons Group, which is included in
Attachment 2 of this staff report.
b. 14-422(F)- Planting strip along one side of the requested private street.
Staff recommends approval with the following condition:
1. Planting strips must be provided along the north/northwest side of Bishopgate Place (or
Bishopgate Lane Extended), also identified as Fire Access Lane, as shown on "Exhibit A,"
dated March 16, 2021, exhibit prepared by Timmons Group, which is included in
Attachment 2 of this staff report.
Attachments:
1 — Applicant Justification and Request
2 — Subdivision Exhibits
3 — Old Trail Village Private Street Map
4 — Staff Modification Request Analysis
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TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
Albemarle County Planning Commission
401 McIntire Road
Charlottesville, VA 22902
February 23, 2021
(Revised March 16, 2021)
608 Preston Avenue
Suite 200
Charlottesville, VA 22902
RE: SUB2020-201 Old Trail Block 32-Request for Private Street Authorization
Dear Planning Commission,
P 434.295.5624
F 434.295.8317
www.timmons.com
On behalf of March Mountain Properties LLC, the owner and developer of Old Trail Village, we request
approval of a private street designation for a two -lot subdivision within Block 32 of Old Trail Village known as
"Bishopgate Lane Extended."
As a preface to this request, it is worth noting the history of how this private street situation has unfolded
over the past several years. Additionally, it is worth noting recent developmental successes that we believe
were only feasible through the authorization and use of private streets in other areas of Old Trail Village.
The Bishopgate Lane Extended Emergency Access was originally shown in the approved preliminary plan as a
gravel base road running parallel between lots 63/64 between Bishopgate Lane and the edge of the stream
buffer setback. As we worked with staff on the final plan, both the Engineering and Fire / Rescue reviewers
requested the portion of this Emergency Access Way that is within the development boundary be
constructed to meet the County Design Standards for Roadway (i.e.; paving, curb and gutter) as shown on the
exhibit below. One benefit of this is providing a terminus to a road that could be better secured with chain
and bollard for more limited control and access.
After making this change to the road design within the development boundary we found it was an
opportunity to re -align the lots to better meet the Building Setback limits by fronting them on the new
Bishopgate Lane Extended and would provide a more optimum layout of Street Character for traditional lot
configurations within this Neighborhood Model Development.
As part of this plan refinement, staff indicated that a private street waiver would be needed to allow lots to
front on Bishopgate Lane Extended. We did explore the option of turning this section of road into a public
road but due to several factors, it did not meet all the criteria and was left with the intent to be a private
street. Unfortunately, the private street waiver could not be submitted with a final site plan (the option is
only available at the initial site plan stage under the applicable provisions of the Subdivision Ordinance) so
staff informed the developer they would support this being done as a 2-lot sub -division after the final site
plan was approved. This effort to get an approved final site plan took almost 2 years of back -and -forth
comments at the staff level; was delayed by a change in County Staff personnel; and then was further
delayed by an assessor's mistake on open space ownership that had to be corrected.
This 2-year delay now finds us in a position that Staff is being asked to give higher scrutiny over the use of
private streets. As a result, the processing of this private street waiver has been further delayed waiting to
determine if this road meets the higher scrutiny now given to these waivers. This puts Old Trail Village in a
difficult position for several reasons.
Page 1 of 4
1. The Plan for block 32 has been well underway for several years and contemplated the use of the private
street designation to better capitalize on lot coverage that meets our minimum build out requirement
and better protect stream buffer setbacks.
2. The lots in block 32 were offered for sale due to the understanding over the past two years that Staff
would support the private street waiver.
3. The concern that private streets being under higher scrutiny is difficult for Old Trail Village because
Private Streets have been a cornerstone of planning principle that helped solve unique lot configurations
while adhering to building setback limits; provides opportunity to better protect stream buffer setbacks
by filling in lots on far reaching corners like these Bishopgate Lane Extended lots; helps meet the
developer's minimum buildout requirements imposed on its zoning approval that has been an earmark of
fulfilling the County s Growth Issues.
4. There are homeowners being affected by this delayed action and final lot configurations potentially being
reduced causing significant financial harm.
The Justification for Approving this Private Street waiver can be first attributed to the most recent Old Trail
Village Code of Development approved on January 14, 2016 that has Pre -Approved private streets written
into the Code. In fact, those streets with lots fronting onto amenities (such as greenspace areas) can actually
be approved administratively as was the case on three other streets inside this same Block 32 phase of
Development (as shown in the attached Private Street Map). This map also indicates all the Private Streets
already approved and constructed and being maintained by the Old Trail Community Association. Private
Streets are a cornerstone planning principle for Old Trail Village as well as all Neighborhood Model
Developments. In our case, the private streets help with uniquely configured lots that improve the minimum
buildout that was required by the County of Albemarle in our 2016 Rezoning so that Old Trail Village can help
meet the County's growth objectives. Private Streets also help craft block development so lots can front onto
designed amenities and pocket parks that makes this community one of the more unique and high -quality
developments within Albemarle County. To date we have designed and /or constructed almost 3 times the
required pocket parks and preserved 10% more open space than is required by the Old Trail Code of
Development. Private streets such as in Block 22, located south of Golf Drive and the most recent block of
development prior to block 32, was authorized and approved in 2018 to exclusively provide approximately
1,750 lineal feet of private street and right-of-way to accommodate environmental restrictions that
encompassed the parcel area. Preceding that, along the eastern most portion of Old Trail, blocks 16, 17, 18,
and 30 were approved in 2016 and authorized to utilize approximately 1,650lineal feet of private street and
right-of-way (as shown on the attached private street map). Notwithstanding the areas mentioned above,
private streets make up a generous portion of Old Trail's infrastructure and have played a major role in
accomplishing the neighborhood model development zoning designation and desired urbanism. It should also
be worth noting that Old Trail is a well -established, longstanding subdivision within the community and has
continued to prepare, execute, and sustain the proper documentation, entities, and funding for the Old Trail
Owners' Association as required by State law, and as further required to keep it operating at a desirable
higher standard. The Owners Association will remain obligated both by the recorded legal instruments
establishing the Owner's Association, and by State regulations to continue to design, construct, and properly
maintain these private streets to meet the highest quality standards provided by the county of Albemarle.
The Old Trail Code of Development (the "COD") also makes several references expressly permitting the use of
private streets. For example, on page 7 there is reference to the transportation chart indicating that Old Trail
Village does have private streets in its street hierarchy. Additionally, on page 4 of the COD there is another
reference to private streets being allowed to serve lots that front amenities and those streets have been pre -
approved by waiver in the COD. The final location of private streets can vary and as depicted on page 6 of the
COD the application plan "provides a framework for Old Trail Village through diagrammatic layouts of streets,
Page 2 of 4
sidewalks, landscape material, open space configuration and variations in architectural product/placement
while incorporating flexibility necessary to adapt to changing needs. The alignment of streets, utilities and
sidewalks shall generally confirm to the layout provided on the Application Plan, though is it not the intent of
the Application Plan to dictates specific street geometries."
Under the state mandate for property management by an Association, the recorded Old Trail Village
Covenants and Restrictions (recorded at Deed Book 2887, at page 336-387) provide assurances that the
private streets will be under obligation for maintenance by the Old Trail Community Association.
In accordance with section 14-233 of the Albemarle County Code of ordinances, we are requesting that
proposed street Bishopgate Extended, highlighted and shown on "EXHIBIT A" attached herein, be authorized
as a private street within the block 32 development area. This would in turn allow lot 64 highlighted and
shown on "EXHIBIT B" attached herein, to be subdivided into two lots as originally shown on "EXHIBIT A".
Sec. 14-233 When private streets in development areas may be authorized.
A private street may be authorized in the development areas under die following circumstances,
provided that the findings required by section 14-234(C) are made:
A. By the commission. The commission may authorize a subdivision to be developed with
one (1) or more new private streets in the following circumstances:
1. Neighborhood model development. The proposed private street(s) "old enable
the principles of the neighborhood model to be more fully implemented than could be achieved with a
public street. without diminishing other principles of the neighborhood model, in the following
circumstances: (i) the subdivision would have a streetscape more consistent with the neighborhood model;
(ii) the subdivision design would allow it to better achieve the density goals of the comprehensive plan; (iii)
rear vehicular access to buildings would be provided so that the buildings may face a common amenity; (iv)
a significant environmental resource would be protected; or (v) relegated parking would be provided to a
greater extent than could otherwise be provided.
2. Nw-lot subdivision. The proposed private street(s) would be within a two -lot
subdivision
3. General ivelyare. 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 than by the
construction of public streets.
B. By the agent. The agent may authorize one (1) or more new private streets in the
following circumstances:
I. Subdivision containing attached dumlling units or non-residential usea. The
proposed private streets) would be in a subdivision containing attached dwelling units or non-residential
uses where the units, groups of units, or non-residential uses are to be located on individual lots.
2. Family subdivisions. The proposed private street(s) would be within a family
subdivision.
(Ord. 05.14(1), 4-20.05, effective 6-20-05)
State tM referesev—Va. Code 1 I5.2-2242(3).
and
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.
Page 3 of 4
Section 14-233 (A)(1)(ii):
The authorization of proposed street "Bishopgate Lane Extended" would remain consistent with
previously approved private streets within Old Trail as mentioned above and better coincide with the
density goals of the comprehensive plan. Prior development has successfully provided
interconnectivity between private and public streets such as in Blocks 14, 16, 17, 18, 30, and 27. In
addition, the private road authorization would also allow for a more aesthetic layout for the access
to the emergency fire access route. The fire route requires a 20' wide durable driving surface (21A) at
a minimum. There is currently an existing 30' easement that stems from Bishopgate Lane and runs
across two lots. Without the authorization of a private road in this area, a 20' wide gravel path would
impede on these lots, providing an unsightly area highly visible from Bishopgate Lane and deny
proper frontage for these two proposed lots.
In addition, the proposal is a two -lot subdivision, satisfying the requirement of Section 14-233(A)(2).
Finally, the proposed private street would be better served by the construction of the private street
instead of making Bishopgate Lane Extended a public street. The section of street is greater than
150' and less than 200', meaning a full-size turnaround would be required for public dedication. The
turnaround requirements would produce an equivalent, if not a greater amount of impervious
footprint than the stretch of road itself. Utilities were designed, planned, and constructed in
accordance with the approved road plan, which reflects a future road and private right-of-way. Lot
63, which is currently under construction, was approved and recorded based on the desired
configuration of this road. This section of road (if public) would heavily encroach on existing and
future lots, extend into golf course greenway, and create additional required time, money, and
documentation for all parties involved (reviews, permitting, quitclaims, approvals, bonds, etc.).
14234 C
1. The private street will be adequately constructed to carry the projected traffic volume. The street
was designed using traffic volumes according to 911 addition ITE trip generation calculations. The
design for the private street meets Albemarle County design standards. The proposed private street
would only serve two single-family residential lots, which will generate extremely low traffic
volumes.
2. The Comprehensive Plan does not provide for a public street in the approximate location of the
proposed private street.
3. The ownership and maintenance associated with the authorization of this private street will be under
the Old Trail Homeowners Association.
4. The private street is not intended to be a thru street for neighborhood traffic, but rather for frontage
access for 2 lots as well as aesthetic access to the emergency fire route to state route 250.
5. The flood hazard overlay district requirements are not applicable for this private street.
Thank you for considering this request for "Bishopgate Lane Extended" to be granted as a private street.
Please do not hesitate to reach out with any questions.
Sincerely, �+J
aR�
Jeremy L. Fox, on behalf of March Mountain Properties LLC
434.327.5382
Jeremy.fox@timmons.com
Page 4 of 4
6? ROUDABUSH, GALE & ASSOC., Inc.
A PROFESSIONAL CORPORATION Serving Virginia Since 1956
TO: Department of Community Development DATE: 01/08/2021
Attn: Andy Reitelbach JOB #: 19.0146
401 McIntire Road
Charlottesville, Va 22902
PROJECT: OLD TRAIL BLOCK 32
RE: SUB2020-201 Old Trail Block 32-Request for variation of sec. 14-422 (sidewalks and planting strips)
Dear Mr. Reitelbach:
Please see below our justification for the requested variations.
See. 14-203.1 (B.) Variation from sec. 14-422 requirement
Requestfor a variation. In accordance with section 14-422, we are requesting a variation of the requirement of
planting strips and sidewalk within a portion of the proposed development in Block 32 of Old Trail Village.
Findings required for a variation. We are requesting the absence of sidewalks and planting strips along the
private streets and private alley in Block 32. The sole purpose of these roads are to provide driveways and rear
access to the proposed lots, and we believe there is not a necessity for sidewalks and trees in these areas. The
variation will help meet the requirements of our code of development by providing amenity -oriented lots that
are served by a private road.
Sec. 14-422 (E.) Variation to sidewalk requirements.
Consideration. (ili.) As noted above, we believe the sidewalks along the proposed private streets are not
necessary. (iv.) The variation of the sidewalk requirement will still provide adequate connections to the
pedestrian system. (viii.) The variation of the sidewalk requirement will still meet the intent of the
comprehensive plan and the neighborhood model by providing amenity -oriented lots, pedestrian access, and
county design requirements.
See. 14-422 (F.) Variation to planting strip requirements.
Consideration. (iL) It is our hope that upon further review of the request for a variation regarding these
requirements, a sidewalk and planting strip variation will be granted.
Thank you for your consideration regarding this request. Please feel free to contact me with any questions.
Best regards,
Nick Hutchinson
Roudabush, Gale and Associates
999 Second Street SE. Charlottesville.VA 22902. www.Roudabush.com 434.977.0205
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#1: Authorization of Private Streets
Private streets may be authorized by the Planning Commission as provided by any one of the provisions
of Section 14-233.
The applicant has requested approval of a private street, Bishopgate Place (or Bishopgate Lane
Extended — the final name would be determined in accordance with County E911 policies if this private
street request is approved), in Block 32 of the Old Trail Village NMD using Neighborhood Model
Development as justification, specifically 14-233(A)(1)(ii). Ordinance language presented in italics
followed by staff comment.
ANALYSIS OF SECTION 14-233(A)(1) Neighborhood model development.
May be authorized if the proposed private street(s) would enable the principles of the neighborhood
model to be more fully implemented than could be achieved with a public street, without diminishing other
principles of the neighborhood model, in the following circumstances:
(i) the subdivision would have a streetscape more consistent with the neighborhood model; (ii) the
subdivision design would allow it to betterachieve the density goals of the comprehensive plan;
(iii) rear vehicular access to buildings would be provided so that the buildings may face a common
amenity; (iv) a significant environmental resource would be protected; or (v) relegated parking would be
provided to a greater extent than could otherwise be provided.
Staff has reviewed this request and found that the short addition of this new private street would allow
an additional lot to the development, which would allow it to better achieve the density goals of the
comprehensive plan in this area.
ANALYSIS OF 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 14-233 exists and that:
(ordinance language presented in bold italics followed by staff comment)
1. The private road will be adequate to carry the traffic volume which maybe reasonably expected
to be generated by the subdivision.
The amount of traffic expected on the requested private street is minimal and is designed to carry
the small number of vehicles that will use it for access.
2. The comprehensive plan does not provide for a public street in the approximate location of the
proposed private road;
The Crozet Master Plan does not show a public street in the location of this proposed private street.
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. This agreement will be required with the approval of the subdivision plat. The applicant has
indicated that the private streets will be entirely owned and maintained by the Old Trail Village HOA, and
the development already has a number of private streets being maintained by the HOA (see Attachment 3
for map, provided by the applicant, of private streets in the Old Trail Village development).
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;
The proposed private street 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.
The requested private streets will not require any upgrades nor impact the flood plain.
Summary:
Staff recommends approval with the following conditions:
1. The private street, which is called Bishopgate Place (or Bishopgate Lane Extended), also
identified as Fire Access Lane, and the associated subdivision must be in general accord with
the layout as depicted on "Exhibit A," dated March 16, 2021, exhibit prepared by Timmons
Group, which is included in Attachment 2 of this staff report.
2. Bollards must be provided at the end of the private street where the street will transition into
emergency access.
Sidewalks and planting strips for street trees and other vegetation are required to be established on
both sides of each new street within a subdivision in the development areas. The applicant has
requested that along Bishopgate Place (or Bishopgate Lane Extended) that sidewalks and planting
strips be provided on one side of the street only. The requirements for sidewalks and planting strips
may be modified by the commission as provided in section 14-203.1.
ANALYSIS OF SECTION 14-422 (E) Waivers from sidewalk requirements:
Per Section 14-422(E)(2), in reviewing a request to waive the requirement for sidewalks, the commission
shall consider whether: (ordinance language presented in bold italics followed by staff comment)
i. A waiver to allow a rural cross section has been granted;
A waiver to allow a rural cross section has not been granted.
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 surface is proposed.
iii. Sidewalks on one side of the street are appropriate due to environmental constraints such as
streams, stream buffers, critical slopes, floodplain, or wetlands, or because lots are provided on
only one side of the street;
Lots are provided along only one side of Bishopgate Place (or Bishopgate Lane Extended), and therefore,
allowing sidewalks on one side of the street is appropriate.
iv. The sidewalks reasonably can connect to an existing or future pedestrian system in the area;
There is a network of sidewalks that provide pedestrian access to all of Block 32 and into the rest of Old
Trail NMD. The sidewalk is proposed along the side of the street where the lots will be located, and these
lots will have pedestrian access to the existing and proposed system.
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 publicbenefit;
The length of the proposed street is so short, and lots are only located on one side of the street, so it is
unlikely that the sidewalk on the other side of the street would be used to the extent that it would provide a
public benefit.
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,
The subdivider has not proposed an alternative profile and is proposing sidewalks that meet the County's
design standards.
vii. The sidewalks would be publicly or privately maintained;
Sidewalks for private streets would be maintained by the Homeowners Association. Sidewalks adjacent
to public streets will be maintained by VDOT.
viii. The waiverpromotes the goals of the comprehensive plan, the neighborhood model, andthe
applicable neighborhood master plan; and
The modification to have sidewalks on one side of the street does not promote the goals of the
comprehensive plan, neighborhood model, or the applicable neighborhood master plan. However, as
stated above, pedestrian access is still being provided for the lots along Bishopgate Place (or
Bishopgate Lane Extended).
ix. waiving the requirement would enable a different principle of the neighborhood model to be
more fully achieved.
Waiving the requirement will not enable a different principle of the neighborhood model to be more fully
achieved.
SUMMARY:
Staff's finding is that sidewalk along one side of this short private street is acceptable and
recommends approval with the following condition:
1. Sidewalk must be provided along the north/northwest side of Bishopgate Place (or
Bishopgate Lane Extended), also identified as Fire Access Lane, as shown on "Exhibit A,"
dated March 16, 2021, exhibit prepared by Timmons Group, which is included in Attachment
2 of this staff report.
26: Exceotion of Planting Strio Requirement
Planting strips for street trees and other vegetation are required to be established on both sides of each
new street within the development areas. The applicant has requested a modification of this requirement
to match the sidewalk on one side of the street. The requirements for planting strips may be modified by
the commission as provided in Section 14-203.1.
ANALYSIS OF SECTION 14-422 (F) Waivers from planting strip requirements:
Per Section 14-422(F)(2), the commission shall consider whether: (ordinance language presented in bold
italics followed by staff comment)
i. A waiver to allow a rural cross section has been granted;
A waiver to allow a rural cross section has not been granted.
ii. A sidewalk waiver has been granted;
A sidewalk waiver is included with this request and is recommended for approval by staff.
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; and
Eliminating the planting strip on one side of the street does not promote the goals of the comprehensive
plan, neighborhood model, or the applicable neighborhood master plan. However, sidewalks and street
trees/planting strip will be on one side of the street, and are required and provided on both sides of the
street on all the public roads within Block 32.
iv. Waiving the requirement would enable a different principle of the neighborhood model to be
more fully achieved.
Waiving the requirement will not enable a different principle of the neighborhood model to be more fully
achieved.
SUMMARY:
Staff's finding is that a planting strip for street trees along one side of this short private street is
acceptable and recommends approval with the following condition:
1. Planting strips must be provided along the north/northwest side of Bishopgate Place (or
Bishopgate Lane Extended), also identified as Fire Access Lane, as shown on "Exhibit A,"
dated March 16, 2021, exhibit prepared by Timmons Group, which is included in Attachment
2 of this staff report.