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HomeMy WebLinkAboutSUB200700282 Staff Report 2008-03-04J r12Ullst�' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB - 2007 -282 Mechum's Bluff Staff: Megan Yaniglos- Planner Planning Commission Public Hearing: Board of Supervisors Hearing: March 11, 2008 Not applicable Owners: Edward and Phyllis Taylor Applicant: Dominion Development Resources, LLC Acreage: 95.477 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 72, Parcel 35 By -right use: RA- Rural Area Location: Dick Woods Road [Route 637] approximately .45 miles [2390 feet] northeast of the intersection with Miller School Road [Route 635]. Magisterial District: Samuel Miller Proffers /Conditions: No Requested # of Dwelling Lots: 8 lots [7 DA — n/a RA — 95.477 acres development lots and one (1) preservation lot] Proposal: Request for preliminary plat approval to Comp. Plan Designation: The create a total of 8 lots [7 development lots and one Comprehensive Plan designates this property (1) preservation lot] as a Rural Preservation as Rural Area in Rural Area 3. Development. Character of Property: This property is mainly Use of Surrounding Properties: Agricultural, wooded with some agricultural land and is adjacent Residential /Single Family Homes to Mechums River. The property contains critical slopes. Factors Favorable: Factors Unfavorable: none 1. Critical slopes, Mechums River and its associated stream buffer and flood plain are contained in the preservation parcel. Zoning Ordinance Waivers and Recommendations: 1. Section 10.3.3- Request to use Rural Preservation Development option - approval STAFF PERSON: Megan Yaniglos- Planner, Jonathan Sharp- Engineer, Scott Clark — Rural Areas Planner PLANNING COMMISSION: March 11, 2008 AGENDA TITLE: SUB 2007 -282 Mechums Bluff- Preliminary Plat APPLICANT: Dominion Development Resources, LLC PROPERTY OWNER(S): Edward and Phyllis Taylor APPLICANT'S PROPOSAL: Request for preliminary subdivision plat approval to create 8 lots [7 development lots and one (1) preservation lot] as a Rural Preservation Development on 95.5 acres. The property, described as Tax Map 72 - Parcel 35 is located in the Samuel Miller Magisterial District on Dick Woods Road [Route 637] approximately .45 miles [2390 feet] northeast of the intersection with Miller School Road [Route 635]. [Attachment B]. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Area in Rural Area 3. REASON FOR PLANNING COMMISSION REVIEW: The applicant has proposed that this subdivision be considered for Rural Preservation Development, and therefore needs Planning Commission review according to Section 10.3.3 of the Zoning Ordinance. PLANNING AND ZONING HISTORY: None. DISCUSSION: The subject property is 95.477 acres and is mainly wooded with some agricultural land. Mechums River borders the property in the back. The property also contains a substantial amount of critical slopes. The current proposal attempts to manage these features through a design that utilizes some of these existing barriers. The alignment of the proposed roads avoids the critical slopes. The development contains minimal amount of critical slopes, and are outside of Mechums River flood plain and stream buffer. The preservation parcel is mostly wooded and includes much of the area of the site. It contains the highest elevations, steepest slopes, most scenic viewsheds, and Mechums River and its associated flood plain and buffer. This is discussed further in the Rural Preservation Development analysis presented below. The Planning Commission will need to make findings on the appropriateness of the proposed Rural Preservation Development. 1. REVIEW OF REQUEST FOR RURAL PRESERVATION DEVELOPMENT OPTION Section 10.3.3 of the Zoning Ordinance defines Rural Preservation Development and specifies the standards that must be addressed. Each of these standards is discussed below. This analysis has been broken in to two sections to address the provisions of Sections 10.3.3.2 and 10.3.3.3. Rural Preservation Criteria: Section 10.3.3.2: 2 Staff has included the provisions of Section 10.3.3.2 (in italics), along with Rural Areas Senior Planner Scott Clark's comment on the various provisions: 10.3.3.2 INTENT; DESIGN STANDARDS (Added 11 -8 -89) The rural preservation development option is intended to encourage more effective land usage in terms of the goals and objectives for the rural areas as set forth in the comprehensive plan than can be achieved under conventional development. To this end, application for rural preservation development shall be reviewed for: a. Preservation of agricultural and forestal lands and activities; The preservation of forestal lands is accomplished by locating the preservation tract within the most mountainous and wooded portion of the parcel. b. Water supply protection; and /or The water supply is being protected by locating the proposed development lots, building sites, and roads outside of the Mechums River stream buffer, flood plain, steep slopes, and preserving wooded areas. c. Conservation of natural, scenic or historic resources. More specifically, in accordance with design standards of the comprehensive plan and where deemed reasonably practical by the commission: The conservation of natural, and scenic resources is being achieved by the preservation parcel containing the majority of the critical slopes as well as Mechums River and its associated flood plain and buffer. The dwellings located on the preservation parcel are existing, as well as the access to them. The comprehensive plan designates this parcel as farmlands /and forests. d. Development lots shall not encroach into prime, important or unique agricultural or forestal soils as the same shall be shown on the most recent published maps of the United States Department of Agricultural Soil Conservation Service or other source deemed of equivalent reliability by the Soil Conservation Service; The development lots impact areas of Locally Important soils, and Prime soils. However, avoiding these soils would not be possible without impacting other important resources. The proposed preservation tract would protect an area of Prime soils in the floodplain of the Mechums River. e. Development lots shall not encroach into areas of critical slope or flood plain and shall be situated as far as possible from public drinking water supply tributaries and public drinking water supply impoundments; The development lots include a small amount of critical slopes, however the majority of critical slopes have been located within the preservation tract. The proposed locations of the development lots also avoid the Mechums River flood plain and stream buffer. f. Development lots shall be so situated and arranged as to preserve historic and scenic settings deemed to be of importance to the general public and natural resource areas whether such features are on the parcel to be developed or adjacent to such parcel; Along the Mechums River, the preservation tract would abut a riparian wetland. Maximizing protection of wooded areas and slopes in the preservation tract would protect this resource, as well as the habitat of the federally endangered James Spinymussel, which has been observed downstream of this site. g. Development lots shall be confined to one area of the parcel and shall be situated so that no portion of the rural preservation tract shall intrude between any development lots; The design meets this criterion. However, the proposed preservation parcel contains a Conceptual BMP, if drainage easements are required for this BMP, they could conflict with the terms of the conservation easement on the preservation tract. h. All development lots shall have access restricted to an internal street in accordance with Chapter 14 of the Code of Albemarle; This criterion is met. i. Nothing stated herein shall be deemed to obligate the commission to approve a rural preservation development upon finding in a particular case that such proposal does not forward the purposes of rural preservation development as set forth hereinabove and that the public purpose to be served would be equally or better served by conventional development. The proposed rural preservation development serves a better public purpose than would be served by conventional development by preserving significant resources in the preservation tract. Special Provisions Criteria: Section 10.3.3.3: Staff has included the provisions of Section 10.3.3.3 (in italics), along with the Planner, Megan Yaniglos's comment on the various provisions: 10.3.3.3 SPECIAL PROVISIONS (Added 11 -8 -89) In addition to design standards as set forth in section 10.3.3.2 and other regulation, the following special provisions shall apply to any rural preservation development: a. The maximum number of lots within a rural preservation development shall be the same as may be achievable pursuant to section 10.3.1 and section 10.3.2 and other applicable law. Each rural preservation tract shall count as one (1) lot. In the case of any parcel of land which, prior to application for rural preservation development, has been made subject to a conservation, open space or other similar easement which restricts development on the parcel, the total number of lots available for rural preservation development shall not exceed the number available for conventional development as limited by any such previously imposed easement or easements; The proposed rural preservation development meets this requirement. b. Section 10.3.3.3a notwithstanding, no rural preservation development shall contain more than twenty (20) development lots; The proposed rural preservation development meets this requirement. This development proposes 7 development lots. c. Provisions of section 10.3.3, rural preservation development, shall be applied to the entire parcel. Combination of conventional and rural preservation development within the parcel shall not be permitted, provided that the total number of lots achievable under section 10.3.1 and section 10. 3.2 shall be permitted by authorization of more than one (1) rural preservation tract. 4 Nothing contained herein shall be deemed to preclude the director of current development and zoning from approving a rural preservation development for multiple tracts of adjoining land, or on land divided or otherwise altered prior to the effective date of this provision; provided that, in either case, the provisions of section 10.3.3 shall be applicable (Amended 5 -5 -04 effective 7 -1- 04); The proposed rural preservation development meets this requirement. d. The area devoted to development lots together with the area of roadway necessary to provide access to such lots shall not exceed the number of development lots multiplied by a factor of six (6) expressed in acres; The proposed rural preservation development meets this requirement. The average lot size for each development lot is 3.5 acres. e. No rural preservation development shall contain less than one (1) rural preservation tract. The director of current development and zoning may authorize more than one (1) rural preservation tract in a particular case pursuant to the various purposes of rural preservation development as set forth in section 10.3.3.2 or in accord with section 10.3.3.3.c, as the case may be (Amended 5- 5-04 effective 7- 1 -04); The proposed rural preservation development meets this requirement. One rural preservation tract is proposed. f. No rural preservation tract shall consist of less than forty (40) acres. Except as specifically permitted by the director of current development and zoning at time of establishment, not more than one (1) dwelling unit shall be located on any rural preservation tract or development lot. No rural preservation tract shall be diminished in area. These restrictions shall be guaranteed by perpetual easement accruable to the County of Albemarle and the public recreational facility authority of Albemarle County in a form acceptable to the board. In accordance with Chapter 14 of the Code of Albemarle, the director of planning and community development shall serve as agent for the board of supervisors to accept such easement. Thereafter, such easement may be modified or abandoned only by mutual agreement of the grantees to the original agreement (Amended 5 -5 -04 effective 7- 1 -04); The proposed preservation tract is 70.98 acres, which meets the acreage requirement for rural preservation developments. There are two existing dwellings located on the property that are being located within the preservation tract. The director of current development and zoning has permitted the two dwelling units because there are sufficient development rights for the preservation parcel. g. Each application for a rural preservation development is subject to the review and approval of the director of current development and zoning (Added 5 -5 -04 effective 7- 1 -04). The proposed rural preservation development meets this requirement. This application has been reviewed by the Current Development and Zoning staff. RECOMMENDATION: Staff has reviewed the request in accordance with the requirements of the ordinance and the design standards set forth in Section 10.3.3. This proposal contains a by -right development plan [Attachment A, sheets S5 through S7] which proposes one more lot than the rural preservation plan, however the rural preservation tract would contain two dwelling unit and therefore two development rights. It appears that it would be possible to construct the by right option. This proposal meets the requirements of Section 10.3.3.2 and 10.3.3.3, the sections that pertain to the intent and design standards of Rural Preservation Development proposals. Staff finds that the request, based on the plan as shown, is consistent with the criteria of Section 10.3.3 for granting approval of the Rural Preservation Development. Therefore, staff is able to recommend approval of the Rural Preservation Development option to the Commission. If the Planning Commission approves the request, conditions recommended are listed below: CONDITIONS RECOMMENDED: 1. The plat shall be subject to the requirements of Section 14 -303 [Contents of final plat], as identified on the "Final Subdivision Checklist" which is available from the Department of Planning and Community Development; 2. Prior to final plat submittal, address all minimum requirements from Design Manual Section 905, Final Subdivision Plat. 3. Road name approval by E -911 review for all proposed roads. 4. VDOT approval for all public roads and entrances, including road and drainage plans including drainage calculations and improvements to the intersections / connections to Dick Woods Road (Rte. 637). Subdivision plans need to be designed in accordance with VDOT's current Subdivision Street Requirements and the Road Design Manual. All commercial entrances and street connections must meet the minimum requirements as described in the Minimum Standards of Entrances to State Highways. 5. Approval of a groundwater plan, in accordance with Chapter 17, Article IV. 6. Health Department approval for drainfields. 7. Public Recreational Facilities Authority acceptance of easement for preservation lot. 8. The preservation lot shall be allocated two (2) development rights, as there is an additional development right not assigned. 9. Conceptual BMP #1 be removed from the preservation tract. ATTACHMENTS: A. Preliminary Plat B. Location/Detail Maps C. Agricultural Soils Map -------------- ---- -- -- --- Ot Q, aH- ------- - - Elm -- ------------ --- ------------ CIO ------------ all ti cr Cb - -- ------ --- ------- ---- - ---- ------- ------ -- - ------------- 00 23. < 0 0 .0 0 co F39 P�v OPP Nro v -------------- ---- -- -- --- Ot Q, aH- ------- - - Elm -- ------------ --- ------------ ------------ all - -- ------ --- ------- ---- - ---- ------- ------ -- - -------------