HomeMy WebLinkAboutSUB200800014 Legacy Document 2008-02-13i vIRGINI�`
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2008 -14 Biscuit Run /
Staff: Summer Frederick
Block 11 / Breeden Property
Planning Commission Public Hearing:
Board of Supervisors Hearing:
February 12, 2008
N/A
Owners: Forest Lodge, LLC
Applicant: Forest Lodge, LLC
Acreage: 195.879 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 90, Parcel 5
By -right use: NMD — Neighborhood Model
Location: Southeast side of Old Lynchburg
District
Road (SR 631) approximately 500 feet north
of the intersection with Forest Lodge Drive
Magisterial District: Scottsville
Proffers /Conditions: N/A
Requested # of Dwelling Units /Lots: N/A
DA - X RA -
Proposal: Request for approval of two-
Comp. Plan Designation: Neighborhood
lot subdivision with private street as
Density in Urban Area 5
access to proposed new lot.
Character of Property: Property is primarily
Use of Surrounding Properties: Single -
wooded, with existing residence.
family Residential, heavily wooded.
Factors Favorable:
Factors Unfavorable:
1. Anticipated action from recently approved
1. None
rezoning of the property.
2. Meets all requirements of Albemarle County
Ordinance.
RECOMMENDATION:
Staff recommends approval of this application with the following condition:
1. Future access to the proposed new parcel be in accord with the approved application plan
submitted for ZMA2005 -17 Biscuit Run.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
Summer Frederick, Senior Planner
February 12, 2008
SUB2008 -14 Biscuit Run / Block 11 / Breeden Property
Forest Lodge, LLC
Forest Lodge, LLC
APPLICANT'S PROPOSAL:
Request for approval of a two -lot subdivision, with a private street access for the proposed new lot. The
property is zoned NMD — Neighborhood Model District, described as Tax Map 90, Parcel 5, and is located in
the Scottsville Magisterial District on the southeast side of Old Lynchburg Road (SR 631).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Neighborhood Density in Urban Area 5.
PLANNING AND ZONING HISTORY:
• ZMA2005 -17 Along with parcels TMP90 -6D (portion), TMP90 -17D, TMP90A -3, TMP90A1 -1,
TMP90A1 -1 E, TMP90A -1 A, and TMP90A -1 B, property rezoned from R1- Residential to NMD —
Neighborhood Model District.
REASON FOR PLANNING COMMISSION REVIEW:
This application requires Planning Commission approve in accord with Section 233(A)2 of the Albemarle
County Subdivision Ordinance. Sec. 14- 233(A)2 states a private street may be approved in the development
areas by the Commission for a two -lot subdivision.
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:
1. The private road will be adequate to carry the traffic volume which maybe reasonably expected
to be generated by the subdivision;
As a private road, the road will be adequate to carry the expected traffic volume.
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 applicant 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 road will not serve through traffic, nor intersect the state highway system in more than one
location.
2
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.
This is not applicable.
RECOMMENDATION:
This subdivision and proposed private street was anticipated in the rezoning of this parcel for the larger Biscuit Run
project. The action is to accommodate the current owner's residence. It is understood that the proposed new lot
will be accessed via public streets within the larger development once the public streets are constructed.
Staff recommends approval of this application with the following condition:
1. Future access to the proposed new parcel be in accord with the approved application plan submitted for
ZMA2005 -17 Biscuit Run.
Attachments:
A - Tax Map /Location Map
B - Proposed subdivision plat with access easement