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HomeMy WebLinkAboutSUB200700396 Staff Report 2008-03-27ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Clifton Lake - Preliminary Staff: Patrick Lawrence, Senior Planner Plat (SUB 2007 - 0396) Planning Commission Public Hearing: Board of Supervisors Hearing: April 8, 2008 N/A Owners: Virginia Land Trust; Charles William Applicant: Greg Baldwin, Greg Baldwin Hurt & Shirley L. Fisher, Trustees Realty Acreage: 62.44 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 79, Parcel 23 & Tax Map 79C By -right use: Parcel I RPD - Residential Planned Development Location: Approximately 2,100 ft. southwest of the intersection of Rt. 250 and Shadwell Road (Rt. 709) Magisterial District: Scottsville Proffers /Conditions: Yes Requested # of Industrial Lots: 30 DA - X RA Proposals: Comp. Plan Designation: 30 single family dwellings on 62.44 acres Rural Area 4 of lake front property Character of Property: Use of Surrounding Properties: The site is on an undeveloped rural area The surrounding area is rural to the that is mostly open with some tree cover southwest and single family residential to that adjoins Clifton Lake on the north and the north, east and south east. west. Factors Favorable: Factors Unfavorable: See Report See Report RECOMMENDATIONS: Approval based with compliance with the Albemarle County Zoning Ordinance (adopted 12/10/1980) and compliance to the conditions of ZMA 77 - 24. See Report STAFF CONTACT: Patrick Lawrence, Planner PLANNING COMMISSION: April 8, 2008 AGENDA TITLE: Clifton Lake — Preliminary Plat (SUB 2007 — 0396) MAP & PARCEL #: 79 — 23 and 79C — 1 PROPERTY OWNER: Virginia Land Trust; Charles William Hurt & Shirley L. Fisher, Trustees APPLICANT: Greg Baldwin, Greg Baldwin Realty COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Area 4 SITE DESCRIPTION: The property lies approximately 2,100 feet from the intersection of Route 250 on the west side of Shadwell Road (Rt. 709). The site is on an undeveloped rural area that is mostly open with some tree cover that adjoins Clifton Lake on the north and west. Areas adjacent to Clifton Lake are within the stream protection buffer and contain critical slopes from the interior of the property to the lake surface to the north and west. The southerly and southeasterly boundaries of the property are the meanders of an un -named stream, which is also within the stream buffer protection area and contains critical slopes. The surrounding area is rural to the southwest and single family residential to the north, east and south east. Access is from Route 250 along Shadwell Road (Route 709) to the east of this property. Single family residential development exists along Shadwell Road, being the sole egress and ingress to these dwellings. Shadwell Road serves approximately 30 existing residences. [Exhibits A, B, C, D & E] APPLICANT'S PROPOSAL: The applicant requests approval of a preliminary plat to create 30 lots on 62.44 acres. The property is zoned PRD, Planned Residential Development and is described as Tax Map 79, Parcel l and Tax Map 79C, Parcel 1. The project is located in the Scottsville Magisterial District and will gain access via extension of existing Shadwell Road (Rte. 709) in the existing Shadwell Estates Subdivision. The Comprehensive Plan designates this property as Rural Areas in Rural Area 4. PLANNING AND ZONING HISTORY: This property has the following relevant history: ZMA 77 — 24 — The Board of Supervisors approved a Zoning Amendment to rezone the property from A -1 to A- 1/RPN (Residential Planned Neighborhood) on January 18, 1978. [Exhibit F "Conditions of ZMA 77 — 24 "] December 10, 1980 — The zoning on the property was changed from RPN, Residential to PRD, Planned Residential Development as part of the comprehensive rezoning of the County. This project is subject to a seldom used provision of the Zoning Ordinance, 8.5.5.2. Subdivision Plats for Planned Developments are reviewed under either 1) the current zoning ordinance or, 2) the ordinance in effect when the Planned District was established. The choice of which ordinance to be used is at the discretion of the applicant. Based on the provisions of Section 8.5.5.2 the applicant may use the current Subdivision and Zoning Ordinances or may choose to use the ordinances in effect at the time of the establishment of the district. While this property was rezoned to a Residential Planned Neighborhood in 1978, the Planned District designation was not established until December 10, 1980 during the County's comprehensive rezoning. Therefore the applicant may use the Zoning and 2 Subdivision Ordinances in effect on December 10, 1980. The applicant has chosen to use the ordinances in effect on December 10, 1980 and staff has used these ordinances to review the application. To clarify the issues occurring by use of the 1980 Zoning Ordinance, staff provided comment in a memo dated February 11, 2008. This memo addresses VDOT review and building site requirements. [Exhibit G.] February 12, 2008 — The Planning Commission denied approval of the preliminary plat due to lack of compliance to the approved rezoning stating: "The plat as presented is not consistent with the approved rezoning because the preliminary plat did not meet the requirements of Condition #16 of that rezoning: `The developer is to install a road across the dam (non- dedicated to provide access to Route 729.' (Condition #16 on page 048 in January 18, 1978 Board of Supervisors minutes)" REASON FOR PLANNING COMMISSION REVIEW: The applicant has resubmitted a preliminary plat consistent with the conditions of the approved application plan and conditions. Planning Commission review is required by the 1980 Zoning Ordinance. STAFF COMMENT: Following the action of the Planning Commission, as part of the appeal process, the applicant has provided both a revised plan showing access across the dam to Route 729 and letters from Charles W. Hurt and T. Mitchell Willey, adjoining property owners, agreeing to conform to the conditions of approval of the Planning Commission and Board of Supervisors, dated on or about April 10, 1990. [Exhibit H] The provision of easements is a condition of final plat approval. This plat was reviewed for consistency with rezoning approved by the Board of Supervisors on January 18, 1978. The plat currently submitted for review has been determined to be consistent with the conditions of approval. Staff recommends approval of this preliminary plat. SUMMARY OF STAFF FINDINGS: Staff finds that this application does comply with the requirements of the ordinance as they existed on December 10, 1980 and the conditions of ZMA 77 — 24. Staff recommends approval subject to conditions. Additional Comment: Staff offers the following comments in order to place the applicant on notice of the applicability of additional regulations. This application has been reviewed in accord with the Zoning and Subdivision Ordinance provisions in effect in 1980. In addition, the applicant is placed on notice that the Water Protection Ordinance does apply to this property and the stream buffers required by that ordinance will affect many lots. The Albemarle County Groundwater and Watershed Manager will require a groundwater study. It is possible that in order to comply with the Water Protection Ordinance lots may have to be reconfigured in order to find suitable drainfield locations. This will have to resolved prior to final plat approval. It is incorporated as condition #10. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the ordinances in effect on December 1980 and recommends approval with conditions. Should the Planning Commission choose to approve this application, staff offers the following conditions and the Department of Community Development shall not accept submittal of the final plat for signature until the following conditions have been completed: 1. Easements shall be provided by current property owners for the access road to connect to Route 729. 2. Boundary line adjustment to combine Map and Parcel #s 79 -23 and 79C -1. 3 3. Current Development Engineer Approval of Storm Water Management plans and calculations. 4. Current Development Engineer Approval of Erosion and Sediment Control Plan and Road Plans. 5. VDOT approval of commercial entrance permit and necessary road improvements. 6. Fire Official Approval. 7. Approval of road names. 8. Submittal of a ground water study. 9. Health Department approval of two septic drain fields not located on critical slopes. 10. Delineation of stream buffers as required by Albemarle County Code Chapter 17 Section 317 (C) 11. Submittal of final plat meeting the requirements of Chapter 14 Sections 19.0 et seq. and ZMA 77 - 24. ATTACHMENTS: A. Vicinity Map B. Aerial photographs C. Stream buffers and Critical Slopes D. Critical slopes E. Stream buffers F. Conditions of ZMA 77 — 24 G. Staff memo regarding VDOT review and Building Sites H. Letters from adjoining property owners (circa 1990) Charles W. Hurt and T. Mitchell Willey. Reference from former public hearing: I. VDOT Intersection Study 2006 J. VDOT comments on traffic study and Preliminary Plat K. Applicant's response to the Site Review Committee comments. L. Engineering comments on revised preliminary plat submittal M. Letters from Abutting Property owners and other members of the public. 0 Clifton Lake Subdivision Preliminary Plat •Prior Action and Applicant Response *Aerial Photographs *Preliminary Plat w/ Access Road *Subdivision Plat *Conditions Prior Action On February 12, 2008 the Planning Commission denied a subdivision plat for the following reason: "The plat as presented is not consistent with the approved rezoning because the preliminary plat did not meet the requirements of Condition 16 of that rezoning: `The developer is to install a road across the dam (non - dedicated) to provide access to Route 729.' (Condition 3 of Page 048 in January 18, 1978 Board of Supervisors minutes)" Applicant Response The applicant has revised the plat to show a private street that will provide access to Route 729. The following page shows the proposed private street in red and the proposed new public streets in yellow. 729 Tl 46*4 1460 E71L WMVP � IL Mr- _ 1 i 1• !ter L r• ~ 4 .. r � 1+_ 1 r 1•� r•• 7 _ � � �� •.fir f�rrr �n gr'4'�Frr'ratt fi�CC•'o- �'k {.: �wrraaaFaa }R 699.5 i J'x11C. -P-d "4U.F A+F 0 KWP 2 fr r k '• � - • • 1 1 } 4 � f r ti . r • 1 - k r �. � `� �• { . �' k L �- ._ �; ~"- r$ ' fti y' � - ��i 1 � � - ,A •�. f . -k � _ �..._..- i � �•• � - ���� � . • � r i • . � .� � � .I till yl mom 'r ief 'er FKd-P 0~1L rm. P7K EP4.3LJr :- I h I ■c. rwp Mr,'"dd,H ddhdr%irdC hkhM k&4 —d A d—. 46_ 9bl6 ir I;t A& j 9 % ..4 " Conditions The Department of Community Development shall not accept submittal of the final plat for signature until the following conditions have been completed: 1. Easements shall be provided by current property owners for the access road to connect to Route 729. 2. Boundary line adjustment to combine Tax Map and Parcel #s 79 -23 and 79C -1. 3. Current Development Engineer Approval of Storm Water Management plans and calculations. 4. Current Development Engineer Approval of Erosion and Sediment Control Plan and Road Plans. 5. VDOT approval of commercial entrance permit and necessary road improvements. This shall include VDOT review of the intersection of Route 250 East and Route 709 in order to determine whether signs or warning lights are necessary; if it is determined that controls are warranted, they shall be installed at the developer's expense. Conditions (cont.) 6. Fire Official Approval. 7. Approval of road names. 8. Submittal of a ground water study. 9. Health Department approval of two septic drain fields not located on critical slopes. 10. Delineation of stream buffers as required by Albemarle County Code Chapter 17 Section 317 (C) 11. Submittal of final plat meeting the requirements of Chapter 14 Sections 19.0 et seq. and ZMA 77-24. k� �'IRGIly1�' County of Albemarle Department of Community Development Memorandum To: Albemarle County Planning Commission From: Bill Fritz Division: Current Development Date: February 11, 2008 Subject: SUB 2007 — 396 Clifton Lake, Phase 1 Subdivision Staff has further analyzed this project and the 1980 Zoning Ordinance. Based on the additional review staff now recommends approval of this application. This change in recommendation is based on additional review of the requirements for VDOT approval and the building site regulations. VDOT REVIEW Staff initially recommended denial based on the opinion that the project did not comply with the original conditions for Clifton Lake After further review it has been determined that the two conditions involving VDOT have been satisfied. Below are the two conditions and staff's findings on each condition. (Staff comments are in italics) 2. Virginia Department of Highways and Transportation approval of entrance facilities. This condition was met with the construction of the current entrance on Route 250 and 709. 13. That the Virginia Department of Highways and Transportation review the intersection of Route 250 East and Route 709 in order to determine whether signs or warning lights are necessary; if it is determined that controls are warranted, they shall be installed at the developer's expense. This condition may be met at any time upon the request of VDOT. No specific requirements have been made at this time and therefore, it is not appropriate to deny the application based on what VDOT may require. At any point when VDOT determines that improvements are necessary they may be required. Request for improvements may occur even if no application is pending. The issue of whether the intersection has adequate sight distance is beyond the scope of this condition. The County can not require an off -site road improvement under State subdivision laws or under the County's Subdivision Ordinance, either as it existed in 1980 or today. BUILDING SITE REQUIREMENTS After further analysis of the 1980 Zoning Ordinance it has been determined that the provisions of Section 8.2 removes the need for the Planning Commission to review a request to modify the building site requirements. Section 8.2 states: (emphasis added) RELATION TO PLANNED DEVELOPMENT (PD) REGULATIONS TO GENERAL ZONING, SUBDIVISION OR OTHER REGULATIONS The following provision shall apply generally to the establishment and regulation of all planned development districts. Where conflicts occur between the special PD provisions herein and general zoning, subdivision or other regulations or requirements, these special regulations shall apply in PD districts unless the Board of Supervisors shall find, in a particular case: (a) that provision herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements, or (b) that actions designs or solutions proposed by the applicant, although not literally in accord with these special or general regulations, satisfy public purposes to at least an equivalent degree. It is specifically provided, however, that where floor area and similar ratios have been established by these regulations the Board of Supervisors shall not act in a particular case to alter said ratios Except as provided above, procedures and requirements set forth herein and standards adopted for particular PD districts shall apply in such PD district. During the approval of ZMA 77 -24, the County approved the lot configuration, the general lot sizes, and the critical slopes standards that would apply to the lots. The standard pertaining to critical slopes established for this planned development was stated in Condition 5 "No dwelling units nor septic fields to be built on slopes in excess of 25 %." The proposed plat satisfies the lot configuration and general lot sizes shown on the approved application plan as well as the critical slopes standard imposed under Condition 5. Because of the specificity in the rezoning action, a modification of the building site standards is not required. got :ar,� yf r ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Clifton Lake - Preliminary Staff: Patrick Lawrence, Senior Planner Plat (SUB 2007 - 0396) Planning Commission Public Hearing: Board of Supervisors Hearing: February 12, 2008 N/A Owners: Virginia Land Trust; Charles Applicant: Greg Baldwin, Greg Baldwin William Hurt & Shirley L. Fisher, Trustees Realty Acreage: 62.44 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 79, Parcel 23 & Tax Map 79C By -right use: Parcel I RPD - Residential Planned Development Location: Approximately 2,100 ft. southwest of the intersection of Rt. 250 and Shadwell Road (Rt. 709) Magisterial District: Scottsville Proffers /Conditions: Yes Requested # of Industrial Lots: 30 DA - X RA Proposals: Comp. Plan Designation: 30 single family dwellings on 62.44 acres Rural Area 4 of lake front property Character of Property: Use of Surrounding Properties: The site is on an undeveloped rural area The surrounding area is rural to the that is mostly open with some tree cover southwest and single family residential to that adjoins Clifton Lake on the north and the north, east and south east. west. Factors Favorable: Factors Unfavorable: See Report See Report RECOMMENDATIONS: Denial based on lack of compliance to the Albemarle County Zoning Ordinance (adopted 12/10/1980) and lack of compliance to the conditions of ZMA 77 — 24 See Report STAFF CONTACT: PLANNING COMMISSION: AGENDA TITLE: MAP & PARCEL #: PROPERTY OWNER: APPLICANT: COMPREHENSIVE PLAN: SITE DESCRIPTION: Patrick Lawrence, Senior Planner February 12, 2008 Clifton Lake — Preliminary Plat (SUB 2007 — 0396) 79 — 23 and 79C —1 Virginia Land Trust; Charles William Hurt & Shirley L. Fisher, Trustees Greg Baldwin, Greg Baldwin Realty The Comprehensive Plan designates this property as Rural Area 4 The property lies approximately 2,100 feet from the intersection of Route 250 on the westerly side of Shadwell Road (Rt. 709). The site is on an undeveloped rural area that is mostly open with some tree cover that adjoins Clifton Lake on the north and west. Areas adjacent to Clifton Lake are within the stream protection buffer and contain critical slopes from the interior of the property to the lake surface to the north and west. The southerly and southeasterly boundaries of the property are the meanders of an un -named stream, which is also within the stream buffer protection area and contains critical slopes. The surrounding area is rural to the southwest and single family residential to the north, east and south east. Access is from Route 250 along Shadwell Road (Route 709) to the east of this property. Single family residential development exists along Shadwell Road, being the sole egress and ingress to these dwellings. Shadwell Road serves approximately 30 existing residences. [Exhibits A, B, C & D] APPLICANT'S PROPOSAL: The applicant requests approval of a preliminary plat to create 30 lots on 62.44 acres. The property is zoned PRD, Planned Residential Development and described as Tax Map 79, Parcel 1 and Tax Map 79C, Parcel 1. The project is located in the Scottsville Magisterial District and will gain access via extension of existing Shadwell Road (Rte. 709) in the existing Shadwell Estates Subdivision. The Comprehensive Plan designates this property as Rural Areas in Rural Area 4. PLANNING AND ZONING HISTORY: This property has the following relevant history: ZMA 77 — 24 — The Board of Supervisors approved a Zoning Amendment to rezone the property from A -1 to A- 1/RPN (Residential Planned Neighborhood) on January 18, 1978. [Exhibit E] December 10, 1980 — The zoning on the property was changed from RPN, Residential to PRD, Planned Residential Development as part of the comprehensive rezoning of the County. This project is subject to a seldom used provision of the Zoning Ordinance, 8.5.5.2. Subdivision Plats for Planned Developments are reviewed under either 1) the current zoning ordinance or, 2) the ordinance in effect when the Planned District was established. The choice of which ordinance to be used is at the discretion of the applicant. Based on the provisions of Section 8.5.5.2 the applicant may use the current Subdivision and Zoning Ordinances or may choose to use the ordinances in effect at the time of the establishment of the district. While this property was rezoned to a Residential Planned Neighborhood in 1978 the Planned District designation was not established until 2 December 10, 1980 during the County's comprehensive rezoning. Therefore the applicant may use the Zoning and Subdivision Ordinances in effect on December 10, 1980. The applicant has chosen to use the ordinances in effect on December 10, 1980 and staff has used these ordinances to review the application. REASON FOR PLANNING COMMISSION REVIEW: Planning Commission review is required by the ordinance. STAFF COMMENT: This plat was reviewed for consistency with the approved application plan, which was approved by the board of Supervisors on January 18, 1978. The plat currently submitted for review has been determined to be consistent with the approved application plan, however, deficiencies with one of the conditions of approval has been identified. The plat does not satisfy the following ordinance provisions without plan modification or Planning Commission approval of modifications of the ordinance: 1980 Zoning ordinance: 4.2.2.1 — Building sites are located on critical slopes. 1974 Subdivision Ordinance(as amended) 4.13 — Access Roads and Condition # 2 of ZMA 77 — 24 - VDOT Approval of Entrance Permits Staff arrived at the above recommendations by considering the following: 1980 Zoning Ordinance: 4.2.2.1— Building and drain field sites are located on critical slopes. Section 4.2.2.1 of the December 10, 1980 Zoning Ordinance states, "For a use by other than a central sewerage system, the building site shall have an area of 30, 000 square feet or greater and shall be of such dimension that no one dimension shall exceed any other by a ratio of more than 5 to 1. such site shall have adequate area for the location of two septic drain fields as approved by the Virginia Department of Health. " Several of the proposed building sites are located on slopes of 25% or greater. The area of critical slopes impacted is extremely limited and the application plan for the property does show these slopes being impacted. Approval of a modification request would be consistent with the approved application plan and the commission may choose to approve the modification request. However, staff has not analyzed the engineering impacts, or protective or special measures that might be needed to minimize adverse impacts because the applicant has not submitted any information for review. However, denial of the modification would make compliance with the approved application plan difficult, if not impossible. The 1978 approval prohibits buildings or drain fields on critical slopes. Based on the prior approval with conditions staff can support this modification because it permits adherence to the approved application plan. 1974 Subdivision Ordinance(as amended): 4.13 — Access Roads Section 4.13 of the 1974 Subdivision Ordinance [as amended] states, "no subdivision shall be approved unless the principal means of access thereto shall conform to the standards of the Virginia Department of Highways, or, in the case of a restricted street, to the standards of Albemarle County, throughout its length, including any distance between the boundary of the proposed subdivision and an existing road. " Condition # 13 ofZMA 77 — 24 VDOT Review of the intersection ofRt.250 & Shadwell Rd. (Rt. 709) The developer must provide requisite data for the Virginia Department of Transportation to consider approval of 3 Condition #13. Data may also include data pertaining to the entrance of Shadwell Road onto Rt. 250 to determine what future controls may be warranted. The Virginia Department of Transportation has provided comments on the intersection of Route 250 at Route 709 dated February 27, 2006. These comments were for a signalization study. The comment state in part, "Limited sight distance exists on the westbound Route 250 approach to Route 709 due to vertical alignment — a cresting vertical curve." [Exhibit G] In response to February 27, 2006 comments presented at Site Review Committee meeting, Joel DeNunzio, staff VDOT engineer, reviewed the previous comments and offered the following comments January 29, 2008: "This study was conducted as a signal warrant analysis for existing conditions and did not warrant a signal. " The study identified limited sight distances at the existing intersection and recommended that an adjustment to the advisory signs was an adequate treatment of the intersection due to the low volumes of existing traffic. "This document does not study or analyze any proposed development such as Clifton Lake Subdivision and makes no references to recommended treatments for an increase in the intersection traffic. However, it does identify the ideal scenario as constructing changes to improve sight distance. "I do not recommend that the county approve any subdivisions on route 709 without improvements in place that allow for adequate sight distance. " [Exhibit H] Based upon the conclusion rendered by VDOT, staff cannot recommend approval. SUMMARY OF STAFF FINDINGS: Staff finds that this application does not comply with the requirements of the ordinance as they existed on December 10, 1980 or the conditions of ZMA 77 — 24. Specifically, this plan does not address the provisions of section 4.2.2.1 but modification may be granted to support the approved application plan with request and revision. Staff can support (with conditions) the modification as it permits development in accord of the approved application plan. Staff also finds that section 4.13 and Condition #13 of ZMA 77 — 24 based on VDOT comments have not been satisfactorily addressed. Additional Comment: Staff offers the following comments in order to place the applicant on notice of the applicability of additional regulations. This application has been reviewed in accord with the Zoning and Subdivision Ordinance provisions in effect in 1980. Those ordinances do not require the delineation of stream buffers as required by the Water Protection Ordinance. While the placement of the stream buffers on the plat is not required the applicant is placed on notice that the Water Protection Ordinance does apply to this property and the stream buffers required by that ordinance will affect many lots. (Attachment D) It is possible that in order to comply with the Water Protection Ordinance that lots may have to be reconfigured in order to find suitable drain field locations. The Albemarle County Ground Water and Watershed Manager will require a ground water study. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the ordinances in effect on December 1980 and recommends denial. Should the Planning Commission choose to approve this application staff offers the following possible conditions of approval: 1. 10 The Community Development Department shall not accept submittal of the final plat for signature until tentative final approvals for the following conditions have been obtained. The final plat shall not be signed until the following conditions have been met: 1. Current Development Engineer Approval of Storm Water Management plans and calculations. 2. Current Development Engineer Approval of Erosion and Sediment Control Plan and Road Plans. 3. VDOT approval of commercial entrance permit and necessary road improvements. 4. Fire Official Approval. 5. Approval of road name. 6. Health Department approval. 7. Delineation of stream buffers as required by Albemarle County Code Chapter 17 Section 317 (C) 8. Submittal of plat meeting the requirements of Chapter 14 Sections 19.0 through 19.11. ATTACHMENTS: A. Vicinity Map B. Aerial photographs C. Stream Buffers D. Stream buffers and Critical Slopes E. Proffers F. VDOT intersection study 2006 G. VDOT comments on traffic study and Preliminary Plat H. Applicant's response to the Site Review Committee comments. I. Engineering comments on revised preliminary plat submittal J. Letters from Abutting Property owners and other members of the public. 5