HomeMy WebLinkAboutSUB200700257 Staff Report 2008-03-04AL�r
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB 07 -257 — PJ Land Trust
Staff: Megan Yaniglos, Jonathan Sharp
Planning Commission Public Hearing:
Board of Supervisors Hearing:
March 11, 2008
N/A
Owners: PJ Land Trust
Applicant: Jeff Dise- Kirk Hughes &
Associates
Acreage: 165.144 Acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 43, Parcel 18D
By -right use: RA, Rural Areas
Location: Located on an existing private street -
Catlin Road approximately 0.8 miles southeast
of the intersection with Owensville Road [Route
676]
Magisterial District: Samuel Miller
Proffers /Conditions: No
Requested # of Dwelling Units /Lots: 2
DA RA - X
Proposal: Request for preliminary
Comp. Plan Designation: Rural Areas in
subdivision plat approval to create 2 lots;
Rural Area 1
associated with this request are requests
for waivers to allow access to these lots
via multiple private streets, including a
waiver of the standards that would
otherwise be required of these streets,
and a waiver to allow this subdivision to
gain access from more than one street.
Character of Property: This lot is mainly
Use of Surrounding Properties: Single -
agricultural with some forested areas.
family Residential
Factors Favorable: (see report)
Factors Unfavorable: (see report)
RECOMMENDATION:
Subdivision Ordinance Waivers:
1. Section 14- 232(a) and Section 14- 234(c)- Private Street request in the rural areas
[recommendation, denial]
2. Section 14 -412- Waiver of private street standards [recommendation, denial]
3. Section 14- 404(A) — Request for the proposed lots to gain access from more than one
street [recommendation, denial]
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER:
APPLICANT:
Megan Yaniglos- Planner; Jonathan Sharp- Engineer
March 11, 2008
SUB2007 -257 — PJ Land Trust
PJ Land Trust
Jeff Dise- Kirk Hughes & Associates
APPLICANT'S PROPOSAL:
Request for preliminary subdivision plat approval [Attachment A] to create 2 lots on 165.144 acres; associated
with this request are requests for waivers to allow access to these lots via multiple private streets, including a
waiver of the standards that would otherwise be required of these streets, and a waiver to allow this subdivision
to gain access from more than one street.
PLANNING AND ZONING HISTORY:
A boundary line adjustment was approved in March 2007 where 17.791 acres of Tax Map 43 Parcel 18D was
added to Tax Map 43 Parcel 22D [Attachment G].
Yellowwood Drive was approved to provide access to Tax Map 43 Parcel 18D when the Far Hills subdivision
was approved in October 1993 [Attachment H]. Therefore, Yellowwood Drive does not need private street
approval.
Garth Gate Lane will not provide access to Tax Map 43 Parcel 18D. The access from Garth Gate Lane to lot Z -3
will be closed, as is shown on the proposed preliminary subdivision plat [Attachment A].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 1.
REASON FOR PLANNING COMMISSION REVIEW:
The subdivision is proposing that the access to the proposed lots be from a private street, Catlin Road
[Attachment C]. As such, approval of this requires Planning Commission approval with Section 14 -232 and 14-
234 of the Subdivision Ordinance. If approved, the required standard for private streets is based on the total
number of lots that the street will serve, as specified in Section 14 -412. The applicant is also requesting to waive
these standards to allow the existing Catlin Road to remain in its current condition. Section 14- 234(D) allows the
Planning Commission to waive these standards. The applicant is also requesting the Planning Commission waive
the requirement of Section 14 -404 to allow the subdivision to be accessed by more than one street [Attachment
D]. The applicant is proposing that Lot Z -1 be accessed by Catlin Road, and Lot Z -2 be accessed by
Yellowwood Drive. Lot Z -3 is being added to Tax Map 43 Parcel 22D which has access off of Garth Road
[Route 676].
The Planning Commission will need to act on the private street waiver, waiver of standards, and the 14 -404
waiver. The Commission must act on all of the items. The items to be addressed are:
Subdivision Ordinance Waivers:
1. Section 14- 232(a) and Section 14- 234(c)- Private Street request in the rural areas
2. Section 14 -412- Waiver of private street standards
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3. Section 14- 404(A) — Request for the proposed lots to gain access from more than one street
ANALYSIS OF SECTION 14 -234 (A)(1) PRIVATE STREET AUTHORIZATION AND SECTION 14-
234 (D) WAIVER OF PRIVATE STREET STANDARDS
ENGINEERING REVIEW:
A 20 foot access easement (Catlin Road) serves 15 lots including TMP 43 -18D. A 14 feet wide gravel road is
located within the access easement [Attachment E]. The length of road proposed to become a private street is
approximately 0.9 miles long and road grades are typically between 1% and 3 %, with the exception of one short
stretch of roadway with grades between 6% and 9 %. The applicant is requesting that the access easements be
accepted as a private street, and that the current standards for private streets be waived based on general welfare.
Engineering does not recommend approval of a private street. The approval of the private street does not meet
any of the three circumstances in which a private street may be authorized:
1. "To alleviate significant degradation to the environment. "
Based on the applicant's field run profiles, the existing road grade, horizontal curvature, and vertical
curvature of the access easement is mainly inline with public road standards. The road runs along a ridge,
and can easily be widened to meet public road standards with little grading required.
2. "The lots will be used for non - residential or non - agricultural purposes. "
The lots being served by the proposed street are residential.
3. "General Welfare. "
The general welfare would not be better served by the construction of a private street as opposed to a
public street.
Engineering does not recommend approval of waiving private road standards. Subdivision Ordinance Section 14-
234D states that the requirements in section 14 -412 (Private Road Standards) may be waived provided that all of
the applicable requirements in sections 14 -232, 14 -233 and 14 -234 are satisfied. Engineering cannot recommend
approval of a private street based on section 14 -232 and therefore cannot recommend approval to a waiver of
road standards.
ANALYSIS OF SECTION 14- 232(A)(2) The lots will be used for non - residential or nonagricultural
purposes.
The lots will be used for residential purposes; therefore this criterion is not applicable to this proposal.
ANALYSIS OF SECTION 14- 232(A)(3) General welfare.
The applicant has addressed the reasons for approval of the private road using General Welfare as justification
[Attachment C]. The justifications that the applicant states to address general welfare, to summarize, include:
Catlin Road has been in existence for over a hundred years; improving Catlin Road to public road standards
would entail excessive grading and removal of trees; upgrading the road to public road standards would take
away the rural character of the area; and the road continues to serve only one lot, Z -1.
Staff agrees that Catlin Road will continue to serve only one lot, however approval of this private street allows
for the creation of a larger number of residential lots in the Rural Areas than would otherwise be possible with a
public street in the same location. The creation of a public street would require dedication from adjacent
properties in order to build the road to the required public road standards. While a road maintenance agreement
would be required if the proposed private street were to be approved, there remains the possibility that the
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private entity responsible for maintaining the street would not be able to continue proper upkeep. Such a
situation could result in a request that the public provide for necessary repairs and maintenance.
Since both favorable and unfavorable factors have been identified under this section, staff is unable to make an
overall positive finding that a private street will serve the general welfare.
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
(ordinance language presented in italics followed by staff comment):
The private road will be adequate to carry the traffic volume which may be reasonably expected to be
generated by the subdivision.
The applicant is requesting a waiver for the private street standards, as well as a 14 -404 waiver. Currently,
Catlin Road provides access to this parcel. If the planning commission grants the 14 -404 waiver, Catlin Road
will continue to provide access to only one parcel, Z -1 will use Catlin Road, Z -2 will use Yellowwood Drive,
and Z -3 is being added to Tax Map 43 Parcel 22D. Therefore, the traffic volume will remain the same as it is
today. The current condition of Catlin Road does not meet current private road standards, however its
current condition is able to carry the traffic generated by the subdivision.
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 private 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,
The fee of the private road is owned by adjacent property owners that are not in the proposed subdivision
through existing easements. 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. If this request is approved, a road maintenance agreement will
be required for approval prior to final plat recordation.
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 street will not serve through traffic, nor intersect the state highway system in more than one
location.
S. 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:
Generally staff finds that this request is not consistent with the required criteria of Section 14- 232(A)(1). Based on
the engineering analysis, staff cannot make the findings necessary for granting a modification to allow private streets
in the rural areas. Thus, Staff recommends denial of the private street request as submitted. Should the Planning
Commission approve the requested waiver, staff recommends the following conditions:
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1. A maintenance agreement must be submitted and approved by the County Attorney, as specified in
Section 14 -317 of the Subdivision Ordinance.
Section 14- 404(A) — Request for the proposed lots to lain access from more than one street
DISCUSSION: This section of the Subdivision Ordinance serves to limit the number of new entrances off of
existing public roads, and thereby reduce conflict points in the flow of traffic. Pursuant to Section 14 -404 of
the Albemarle County Code, each lot shall have immediate vehicular access onto a public street or a private
road as follows:
14 -404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Each lot, other than a corner lot within the development areas, shall have reasonable access to the
building site from only one street, shared driveway or alley established at the same time as the subdivision;
provided that a lot may be located so that its driveway enters only onto a public street abutting the
subdivision if.• (i) the commission grants a waiver under subsection (C); (ii) the subdivider obtains an
entrance permit from the Virginia Department of Transportation for the access; (iii) the entrance complies
with the design standards set forth in sections 14- 410(F) and 14- 410(G); and (iv) the subdivider demonstrates
to the agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded
for the subdivision. For purposes of this section, the term "reasonable access " means a location for a
driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces
required by the zoning ordinance to the building site; the term "within the subdivision " means within the
exterior boundary lines of the lands being divided.
In accordance with section 14- 404(C), the Commission may approve a waiver or variation if it finds that:
(i) the county engineer recommends an alternative standard, or
The county engineer recommends that Catlin Road be extended to provide frontage on both proposed parcels Z-
1 and Z -2.
(ii) because of unusual size, topography, shape of the property, location of the property or other
unusual conditions, excluding the proprietary interests of the subdivider, strict application of the
applicable requirements would result in significant degradation of the property or to the land adjacent
thereto;
This parcel, at 165 acres, is large enough that it has access to several existing private streets — Catlin Road to
the north, Garth Gate Lane to the east, and Yellowwood Drive on the south side. If Catlin Road is approved
as a private road, all three of these roads would currently provide access to the property. Strict application of
the requirements would require that a road be constructed through either parcel Z -1 or Z -2. Access and
frontage could be provided on both Z -1 and Z -2 if Catlin Road was extended. There is an existing driveway
that goes through Z -1 into Z -2 that could be upgraded to provide access to both proposed parcels. Strict
application of the requirements would not result in significant degradation of the property.
- requiring the standard would not forward the purposes of this chapter or otherwise serve the public
interest;
Allowing a separate entrance for parcel Z -1 is contrary to the intent of Section 14 -404 of the Subdivision
Ordinance, which is to reduce the number of entrances on state roads, and thus reduce conflict points with the
flow of traffic. However, the number of entrances onto state roads will not increase if Catlin Road is approved
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as a private street as shown on the plan, since the private roads currently provide access to the parcel.
granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly
development of the area, to sound engineering practices, and to the land adjacent thereto;
Catlin Road and Yellowwood Drive currently provide access to the parcel, and the proposed subdivision does
not add any new traffic to the existing roads. If Catlin Road is approved as a private street as shown on the
plan, granting the waiver would not appear to be detrimental to the public health, safety, welfare, or orderly
development of the area. VDOT has field reviewed the proposed entrance location and found it to be
adequate.
(iii) the entrance complies with the design standards set forth in section 14 -410 (F) and 14 -410 (G)
This requirement will be addressed as part of the review of the subdivision plat.
(iv) the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not
violate any covenants to be recorded for the subdivision.
This requirement will be addressed as part of the review of the subdivision plat.
RECOMMENDATION: Staff has reviewed the request in accordance with the requirements of Section 14-
404(C). The proposed subdivision is shown to be served by two private streets. The existing parcel is currently
being served by two private streets: Garth Gate Lane and Yellowwood Drive. The applicant is proposing Catlin
Road as a private street in order to provide proper access and frontage for one of the proposed lots (Z -1). Catlin
Road can be extended to provide frontage on both proposed parcels Z -1 and Z -2. However, if Catlin Road is
extended it would add an additional lot and traffic to the road. Strict application of the applicable requirements
would not result in significant degradation of the property or to the land adjacent thereto. Staff does note that
approval of the waiver will not increase the number of entrances onto the public streets.
Staff has made favorable and unfavorable findings for the approval of this waiver. However, without a
compelling reason to grant approval, Staff must recommend that the requirements of the ordinance should be
followed. Therefore, Staff finds that the request to waive the requirement of Section 14- 404(A) is not
appropriate in this circumstance, and recommends denial of this waiver.
SUMMARY:
In conclusion, the Planning Commission will need to act on the private street waiver, waiver of standards, and
the 14 -404 waiver. Staff recommends that the Planning Commission make the following motions:
1. Denial of Section 14- 232(a) and Section 14- 234(c)- Private Street request in the rural areas
2. Denial of Section 14 -412- Waiver of private street standards
3. Denial of Section 14- 404(A) — Request for the proposed lots to gain access from more than one street
ATTACHMENTS:
A. Preliminary Plat
B. Location/Detail Maps
C. Applicant's Request and Justification for Private Street Waiver and Waiver of Private Street standards for
Catlin Road
D. Applicant's Request and Justification for Section 14 -404 Waiver
E. Photos of Catlin Road
F. Adjacent Owners Letters
G. Previously approved Boundary Line Adjustment plat
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H. Far Hills subdivision plat