HomeMy WebLinkAboutSTA200800001 Legacy Document 2008-08-20STAFF PERSONS: Amelia McCulley and Bill Fritz
PLANNING COMMISSION: August 26, 2008
BOARD OF SUPERVISORS: TBD
STA: 2008-001 Rural Area Streets
ORIGIN: Board of Supervisors Resolution of Intent on February 6, 2008
(Attachment A)
PROPOSAL: This Subdivision Text Amendment proposes two changes:
1. To require that all subdivision of property (from the effective date
forward) share the same access road / entrance onto any public
street. AND
2. To establish a road standard for a private road serving two (2) lots.
This shall be the same as the existing standard for a private road
serving 3 to 5 lots. Therefore, the new road standard would
become a 2 to 5 lot private road standard.
PUBLIC PURPOSE TO BE SERVED: The proposed amendments provide for
the orderly subdivision and development of land. The current Subdivision
regulations allow for these purposes to be circumvented in several ways, such as
through the creation of multiple entrances with separate subdivision plats done in
a series. (For further discussion of the "Albemarle two-step" please refer to point
#1 in Attachment B.)
The purposes served by the proposed amendments are as follows:
1. Reducing the number of entrances onto a public road
Each entrance onto a public road is a conflict point and an opportunity for
accidents for the traveling public. It is common for local zoning and
subdivision regulation to reduce and limit the numbers of entrances available
to property.
The current Albemarle Subdivision regulations allow multiple entrances to be
established if sufficient public road frontage exists such that the
establishment of an internal road is not necessary to meet lot frontage
requirements.
Attachment B describes an example of the "Albemarle two-step. " The first
step is an administrative Rural Division creating a lot which meets minimum
public road frontage (250 feet) and acreage (5 acres or more). This step can
create one or several new lots (shown as Parcels A and B in the attachment
B). The next step is a subdivision plat that establishes a shared driveway to
serve two lots (Al and A2, B1 and 132), creating one new lot from each of the
Rural Division lots created in the first step. The result of the current
Subdivision regulations is two separate entrances and two separate two -lot
roads. The proposed Subdivision Text Amendment would require all the
property to use one street/entrance. This reduces the number of entrances
and roads from two (2) to one (1).
2. Establishing a road standard for a private street serving two (2) lots
The current Albemarle Subdivision regulations do not have a specific
construction standard for a private street serving two lots. It only requires a
"travelway passable by ordinary passenger vehicles in all but temporary
extreme weather conditions."
Establishing a road standard for these streets will establish and effectively
increase the minimum design and construction standards for private streets
serving two lots. In addition, it will result in improved emergency access to
these properties.
BACKGROUND:
This issue was brought to the January 9th Board meeting at their request. The
memorandum (Attachment B) for their information on the consent agenda was
discussed. On February 6th, they adopted the resolution of intent to amend the
Subdivision Ordinance.
STAFF COMMENT:
Staff has provided information about the standard considerations for an
ordinance amendment in the proceeding. While there are some increased staff
time and costs to the public associated with this amendment, this is more than
justified by the public purposes which are served. Many have seen the current
regulations as having a "loophole" which would be closed by the draft
amendment. Family divisions are exempt from both of these changes.
Administration / Review Process: The proposed Ordinance amendment
will result in some increased administration and review. Two -lot subdivisions
will require the submittal, review, bonding and inspection of a road plan. This
will result in increased applicant costs and increased application review
timelines. The more likely result is that more subdivided properties will be
sharing a road subject to County standards and approval.
Housing Affordability: It is difficult to estimate how this Amendment would
impact housing affordability. The cost of road construction is typically the highest
cost for a rural subdivision.
2
Implications to Staffing / Staffing Costs: The proposed STA is not
expected to generate the need for additional staff. Once adopted, the new
Subdivision Ordinance fees will recover staff costs.
STAFF RECOMMENDATION: Staff recommends adoption of the draft
ordinance found in Attachment C.
Attachment A: Resolution of Intent
Attachment B: Memo to Board dated December 13, 2007 from Amelia
McCulley re: Rural Area Subdivisions
Attachment C: Draft Subdivision Text Amendment
3
Attachment A
RESOLUTION OF INTENT
WHEREAS, subdivision regulations should assure the orderly subdivision and development of land
and promote the public health, safety, convenience and welfare of citizens; and
WHEREAS, the orderly subdivision and development of land includes requiring a subdividerto lay out
and construct streets in accordance with appropriate state and local standards to relieve the public of the
burden that would otherwise exist, to assure that streets are properly designed and constructed for
anticipated traffic, and to promote public safety and minimize traffic conflicts with existing streets; and
WHEREAS, current County subdivision regulations allow these purposes to be circumvented by
allowing a parcel to be subdivided into multiple two -lot subdivisions that result in lots being created without
being served by streets meeting public street design and construction standards or reviewed for approval by
the Planning Commission under Albemarle County Code § 14-232 et seq.; and
WHEREAS, current County subdivision regulations also allow these purposes to be circumvented by
allowing the ultimate subdivision of a parcel to have multiple entrances onto existing public streets, thereby
creating additional conflict points and opportunities for accidents; and
WHEREAS, in order to better achieve the purposes of subdivision regulation and 'to eliminate the
potential for circumvention of those purposes, it is desired to amend the Subdivision Ordinance to increase
the minimum design and construction standards for private streets serving two lots to the standards that
currently apply to private streets serving three to five lots, and to require that all lots created from the
subdivision of an existing parcel share the same entrance to an existing public or private street.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of
intent to amend Albemarle County Code §§ 14-404, 14-412, 14-434 and any other regulations of the
Subdivision Ordinance deemed appropriate to achieve the purposes. described herein. ,
BE IT FURTHER RESOLVED THAT the Planning Commission'shall hold a public hearing on the
subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board
of Supervisors, at the earliest possible date.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded
below, at a regular meeting held on February 6 08.
Cler , oard of County Supervisors
Aye Nay
Mr. Boyd Y
Mr. Dorrier Y
Ms. Mallek Y
Mr. Rooker _Y
Mr. Slutzky Y
Ms. Thomas Y
Attachment B
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County of Albemarle
Department of Community Development
Memorandum
To: Members, Board of Supervisors
From: Amelia McCulley, Zoning Administrator
Date: December 13, 2007
Subject: Rural Area Subdivisions
At a recent meeting, the Board asked staff to provide information about current Ordinance
provisions that allow property to be subdivided without road standards and/or with minimal
frontage requirements. These subdivisions are typically approved administratively. As a result
of this information, the Board may wish to have a future work session to discuss these provisions
and related policy issues.
The current Ordinances (Zoning and Subdivision) allow the following to occur:
1. Subdivisions can be platted in several steps (two or more separately approved and
recorded plats) to avoid the requirement of building a road which would be required to
meet public road standards or be approved with a private road waiver. Each of these
separate subdivision plats qualifies for administrative approval (if there are no required
waivers), require no notice to the neighbors, and no Planning Commission approval.
This type of development creates more individual entrances onto the public roads,
therefore additional conflict points and opportunities for accidents. In addition, it results
in more two -lot shared driveways which have no road construction requirements. Some
of these driveways may not provide adequate access for emergency vehicles, thereby
detrimentally impacting the provision of police, fire and rescue services to those
residents.
a. What commonly occurs in the first step is an administrative Rural Division
creating a lot which meets minimal public road frontage (250 feet) and acreage (5
acres or more). (See Attachment page 1) This step can create one or several
new lots (shown as Parcels A and B).
b. The next step is a subdivision plat that establishes a shared driveway to serve
two lots (Al and A2, B1 and 62), creating one new lot from each of the Rural
Division lots created in the first step. These lots are either divided side-by-side or
front -and -back (see #2 for discussion of the latter). The Subdivision Ordinance
does not have a specific construction standard for a shared driveway. It only
requires a "travelway passable by ordinary passenger vehicles in all but
temporary extreme weather conditions." Confirmation that this road standard is
met is typically provided by a note on the plat.
Memo to the Board
Rural Area Subdivisions
December 13, 2007
Page 2
2. Zoning Ordinance Section 4.6.1 (b)(2) facilitates a front -and -back subdivision layout by
reducing the road frontage required for a lot at the end of an access easement. It allows
a lot (parcel A on page 2 of Attachment A) to reduce its frontage requirement from 150
feet to the width of the access easement. This provision allows the subdivision of
property which has limited existing public road frontage. If Section 4.6.1(b)(2) were
eliminated, however, staff is concerned that it could result in some extended and
perhaps unnecessary roads (to provide the 150 feet of frontage to the back parcel A)
without an improved result.
Subdivisions utilizing Section 4.6.1(b)(2) can result in an undesirable pattern of
development with a house (on the lot at the end of the easement) almost immediately
behind another house (on the front lot). Unless it is planned otherwise, the house in the
rear lot may face directly into the back of the house on the front lot.
Two Subdivision Ordinance Amendments that could eliminate the Rural Division tactic to avoid
road standards and address staff concerns regarding eliminating the Section 4.6.1(b)(2) road
frontage reduction are:
1. Require all lots created from an existing parcel to share the same entrance and
therefore the same road. This will minimize the number of entrances on
existing public roads, thereby reducing conflict points. This will better meet
planning and transportation goals. It will also preclude the multi -step
subdivision resulting in lots on separate shared driveways without a road
standard requirement described in #1.
2. Establish / increase a road standard for a (shared driveway) private street
serving two lots. The existing minimum road standard for 3-5 lots could be
expanded to include 2-5 lots. This chang&could arguably improve emergency
access by establishing a road construction standard. If this increased standard
is not approved, repealing the Section 4.6.1(b)(2) frontage provision may not
reduce the number of subdivisions creating two lots on a driveway without an
applicable road standard.
Either or both of these potential Subdivision Ordinance amendments can be further discussed
with the Board. Alternatively, the Board could pass a resolution of intent to amend the
Subdivision Ordinance and staff can proceed with these amendments. There are impacts on the
process, applicants and staff that would need to be considered as with any Ordinance
amendment.
ATTACHMENTS
A — Rural Area Subdivision Illustrations
VA- � S /n
Rural Administrative Divisions
Memo to Board
December 17, 2007
Page 1 of 2
A subdivision plat is submitted creating two lots. This plat
is approved administratively as a Rural Division.
Parcel A
Parcel B
Public Street
After approval of the above plat, Parcels A and B are divided into two
lots served by a private street. These plats are submitted separately and
are approved administratively.
e
Rural Administrative Divisions
Memo to Board
December 17, 2007
Page 2 of 2
Frontage at the end of a private street
Parcel A
Parcel B
150 foot extension of
Private Street.
Private Street
Attachment C
Draft: 08/11/08
ORDINANCE NO. 08-14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE IV, ON-SITE
IMPROVEMENTS AND DESIGN, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14,
Subdivision of Land, Article IV, On -Site Improvements and Design, is hereby amended and reordained as
follows:
By Amending:
Sec. 14-404
Lot location to allow access from lot onto street or shared driveway
Sec. 14-412
Standards for private streets only
Sec. 14-434
Completion of on-site improvements required prior to plat approval
Chapter 14. Subdivision of Land
Article IV. On -Site Improvements and Design
Sec. 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, The first subdivision haat Dpr2Yed fpr a parcel on and after er
the "parent parcel") shall establish a single public or private street to provide access from an existing public or
private street outside of or adjacent to the parent parcel to the lots within the subdivision The street shall also
provide such access for all fixture subdivisions within the boundaries of the parent parcel as it existed on (insert
effective datel The requirement of a_ single access street shall not apply to any subdivision whose streets and
access are sub to section 14-4-Q
AB-. 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 Qr
the subdivision of the parent parcel as provided in subsectjon (Al; 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.
B. if the subdivisien iswithin the ruFal areas, all subsequent divisiens of the residue shall ei4e
efily ente sueli street(s) sheWn en the appfeved final plat and shall have iie immediate aeeess eiite te any pu
street.
C. The requirements of this section may be waived by the commission as provided in section 14-
225.1. In reviewing a waiver request, the commission shall determine whether: (i) the county engineer
recommends an alternative standard; or (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. In approving a waiver, the commission shall find that requiring the standard would not
forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering
Draft: 08/11/08
practices, and to the land adjacent thereto. In reviewing a waiver request, the commission may allow a
,substitute design of comparable quality, but differing from that required, if it finds that the subdivider would
achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding
the desired effects of the requirement.
(§ 18-36 (part), 9-5-96, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-36, 18-
39; Ord. 98-A(1), 8-5-98, §§ 14-500(C), 14-505; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference—Va. Code § 15.2-2241(5).
Sec, 14-412 Standards for private streets only.
In addition to the minimum design requirements set forth in section 14-410, the following minimum
design requirements shall apply to private streets authorized by this chapter:
A. .Residential private streets. Each private street serving detached residential uses authorized
under sections 14-232 or 14-233 shall satisfy the following:
fellowing! (i) easement eF right ef way widths shall be thirty (30) feet minimam; (ii) the Fequired fflaterials
.fflufn depth ef base shall satisfy the mini ients deseribed in the design standaMs manual; and
(iii) !he saiweyet- shall inelude the fellewing wet -ding en the final piat: "The existing and/ef pFepesed Fight 9-f—
erdinaFy passenger vehieles in all but tempeFainy, extfeme weather- eenditiens, tegethef with area adequate
21. Streets serving Mr-ee two to five lots. Each private street serving three (3) to
five (5) lots shall satisfy the following: (i) vertical centerline curvature shall meet a minimum design K value of
five (5) for crest curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred
(100) feet; (iii) turnarounds shall be provided at the end of each street per American Association of State
Highway and Transportation Officials guidelines; (iv) street easements or right-of-way widths shall be thirty
(30) feet minimum; and (v) the radius for horizontal curvature shall be forty (40) feet or greater, unless
otherwise authorized by this chapter.
In addition, the following shall also apply:
(a) Private streets in the rural areas. For such private streets in the rural areas: (i)
travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder widths, and a
minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) if any portion of the street
exceeds seven (7) percent in grade, the entire street shall be surfaced as required by Virginia Department of
Transportation standards; streets of lesser grade may use a gravel surface.
(b) Private streets in the development areas. For such private streets in the
development areas: (i) an urban cross-section street design shall be provided, with a minimum width of twenty
(20) feet measured from the curb faces or such alternative design, including a street easement or right-of-way
width, deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the
design standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall
be provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire street shall
be surfaced as required by Virginia Department of Transportation standards.
3-2. Streets serving six lots or more. Each private street serving six (6) or more lots shall
satisfy Virginia Department of Transportation standards, provided:
Draft: 08/11/08
(a) Private streets in the rural areas. For such private streets in the rural areas, the
commission may approve Virginia Department of Transportation standards for mountainous terrain if the
subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary
interests of the subdivider, would be better served by the application of those standards.
(b) Private streets in the development areas. For such private streets in the
development areas, the agent may approve Virginia Department of Transportation standards for mountainous
terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety or
welfare.
4a. Streets serving family er tie lei subdivisions. Each private street authorized to serve a
family subdivision under section 14-232(B)(1) ef a t e let subdi isle _ __ndeF seetien 14 232((`(2" shall satisfy
the following: (i) easement or right-of-way widths shall be ten (10) feet minimum; and (ii) the surveyor shall
include the following wording on the plat: "The existing and/or proposed right-of-way is of adequate width and
horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but
temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as
required by section 14-412 of the Albemarle County Code."
B. Private streets serving non-residential, non-agricultural, attached residential, multi -unit
residential and combined residential and non-residential uses. Each private street authorized to serve non-
residential, non-agricultural, attached residential, multi -unit residential and combined residential and non-
residential uses under sections 14-232 or 14-233 shall satisfy Virginia Department of Transportation standards
or an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer, to be
equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect
the public health, safety or welfare. The agent may require minimum travelway widths to provide for on -street
parking upon a determination that the provisions for off-street parking may be inadequate to reasonably preclude
unauthorized on -street parking.
C. Clearing land for improvements. A private street constructed to Virginia Department of
Transportation standards shall not be subject to that department's clear zone requirements.
D. Landscaping and other improvements permitted. Subsequent to construction of a private street,
a subdivider may install ornamental plantings and any other improvements provided that they do not conflict
with sight distance, drainage facilities or other required improvements.
E. Waiver. The requirements of section 14 ^ 12(A)(2) 14-412(A)(1)(a) relating to street
easement or right-of-way widths may be waived by the commission as provided in section 14-225.1. In
reviewing a waiver request for a lesser street easement or right-of-way width, the commission shall consider
whether: (i) the subdivision will be served by an existing easement or right-of-way of fixed width that cannot be
widened by the subdivider after documented good faith effort to acquire additional width; and (ii) the existing
easement or right-of-way width is adequate to accommodate the required travelway and its maintenance. If the
waiver pertains to minimum street easement or right-of-way widths over an existing bridge, dam or other
structure, the commission shall consider whether: (i) the long-term environmental impacts resulting from not
widening the bridge, dam or other structure outweigh complying with the minimum width requirements, as
determined by the county engineer; or (ii) whether the bridge, dam or other structure is a historical structure, In
approving a waiver, the commission shall find that requiring the standard street easement or right-of-way widths
would not forward the purposes of this chapter or otherwise serve the public interest; and 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.
(§ 18-36, 9-5-96, 8-28-74; § 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18-37, 18-
38; Ord. 98-A(1), 8-5-98, § 14-514; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-05)
Draft: 08/11/08
State law reference--Va. Code § 15.2-2242(3).
Sec. 14-434 Completion of on-site improvements required prior to plat approval.
Except as provided in section 14-435all on-site improvements required by this chapter,�t; a a
,
than three (3 lets, shall be completed prior to approval of the final plat. Prior to approval of the final plat;
A. The subdivider shall submit to the agent a certificate of completion of all of the improvements
prepared by a professional engineer or a land surveyor, to the limits of his license; and
B. The subdivider shall certify to the agent that all of the construction costs for the improvements,
including those for materials and labor, have been paid to the person constructing the improvements.
9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-412; Ord.
05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
A Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
RESOLUTION OF INTENT
WHEREAS, zoning district regulations establish minimum frontage requirements for lots on
public and private streets; and
WHEREAS, Zoning Ordinance § 4.6.1(b)(2) provides an exception to the minimum frontage
requirements established for the applicable zoning district by allowing the frontage of lots served by an
access easement to be reduced to the width of the access easement; and
WHEREAS, by allowing reduced frontage, Zoning Ordinance § 4.6.1(b)(2) facilitates front -and -
back subdivision lot configurations and allows the subdivision of parcels that have very limited existing
street frontage; and
WHEREAS, front -and -back subdivisions whose back lot meets only the frontage requirements of
Zoning Ordinance § 4.6.1(b)(2) result in an undesirable pattern of development; and
WHEREAS, the elimination of the exception allowed by Zoning Ordinance § 4.6.1(b)(2) will not,
in and of itself, eliminate front -and -back subdivision lot configurations because an access easement or
right-of-way could be extended into the back lot to provide the full frontage otherwise required by the
district regulations; the elimination of the exception will, however, be effective in conjunction with
proposed amendments to the Subdivision Ordinance identified in a separate resolution of intent adopted
this same date; and
WHEREAS, in order to facilitate the creation of a convenient, attractive and harmonious
community, it is desired to amend the Zoning Ordinance to delete the exception provided by Zoning
Ordinance § 4.6.1(b)(2) when a lot is served by an access easement.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good land development practices, the Board of Supervisors hereby
adopts a resolution of intent to amend Zoning Ordinance § 4.6.1 and any other regulations of the Zoning
Ordinance deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on
the zoning text amendment proposed by this resolution of intent, and make its recommendation to the
Board of Supervisors, at the earliest possible date.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas