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HomeMy WebLinkAboutSUB200700339 Action Letter 2008-08-25• ^�- 11�illr IlIIf1.�• COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 25, 2008 Larry and Marie Snead 3757 Snead Hill Road Charlottesville, VA 22911 RE: SUB 2007 - 339 Snead Dear Mr. & Mrs. Snead The purpose of this letter is to outline the steps for review of your subdivision proposal. This plat was originally submitted as a Family Division. Family Divisions are not subject to many of the provisions of the Subdivision Ordinance, most notably many of the provisions dealing with private streets. The obstacle to approving the proposed division centers on the standards required for the street. Specifically the items that would need to be addressed to allow the division to occur as proposed are: 1) 14 -232 — This section specifies that the Planning Commission may approve a private street after making certain findings. You can apply for a private street using either a justification that approval would alleviate significant environment degradation (14- 232(A)1) or that approval of the private street some way serves the general public interest (14- 232(A)3). In order to request the private street you will need to make an application and provide the necessary justification to allow the Planning Commission to review the request. The specific requirements for what must be submitted for a request to be considered may be found in Section 14 -234. Generally the requirement for information is that if you file under the justification that approval would alleviate significant environment degradation you will need to submit road plans and calculations. If you file under the justification that approval of the private street some way serves the general public interest you will need to submit whatever you feel is appropriate to make the case. The above is just a short summary of what is required. You will need to insure that your application provides all the information required by Section 14 -234. 2) 14- 412(A)(2)(a) — This section provides for specific design standards for the street. In part it requires a minimum 30 foot easement, 14 foot gravel travel way, minimum shoulder and ditch requirements and other design standards. If you propose a street that does not meet these standards you may request that the Planning Commission modify the requirements (reference 14- 234(D)). You will need to note in your application that you are requesting a modification of the design standard and include what standard you are proposing. The specific issues that you need to address and will be considered by the planning Commission are found in Section 14- 412(E). The modifications of the standards is subject to the requirements of 14- 225.1. This section states in part that, "The subdivider shall have the burden of producing the evidence to enable the commission to make the findings required by this section." This provision of the ordinance also sets out the criteria that the County must use to make a positive finding in support of the request and sets out your rights of appeal if your request is denied. The modification of the design standards is an unusual request and I am not able to identify any similar requests for you to use a guide to making your application. The approval of modifications requires the Planning Commission to make positive findings in support of the modification. The burden to provide the information necessary for the Commission to make these findings falls upon the applicant. The Planning Commission will also be interested in what alternative design you propose for the street. Attached to this letter are copies of the referenced sections. I have struck through those portions of each section that are not relevant to your request. Sincerely, William D. Fritz, AICP Chief of Current Development 14 -225.1 Waiver of certain requirements by the commission. The commission may waive requirements as provided in sections 14 -234, 14 -404, 14 -409, 14- 410, 14 -412, 14 -414 and 14 -422, as follows: A. A subdivider shall submit to the agent a written request stating the reason and justification for the request and all proposed alternatives. The subdivider shall have the burden of producing the evidence to enable the commission to make the findings required by this section. The agent shall review the request and transmit his recommendation of approval, approval with conditions, or disapproval to the commission. If the agent recommends approval or approval with conditions, the recommendation shall be accompanied by a statement by the agent as to the public purpose served by the recommendation, particularly in regard to the purpose and intent of this chapter, the zoning ordinance and the comprehensive plan. The director of planning and the county engineer shall provide recommendations to the commission as to whether and how the waiver would accomplish county goals, policies, good planning practice and good engineering practice. B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with conditions objectionable to the subdivider, to the board of supervisors as an appeal of a disapproval of the plat as provided in section 14 -226. In reviewing a waiver request, the board may approve or disapprove the waiver based upon the applicable findings set forth in this section, amend any condition imposed by the commission, and impose any conditions it deems necessary. 14 -232 When private streets in rural areas may be authorized. A private street may be authorized in the rural areas under the following circumstances, provided that the findings required by section 14- 234(C) are made: A. By the commission. The commission may authorize a subdivision to be developed with one (1) or more new private streets only under any of the following circumstances: 1. To alleviate significant degradation to the environment. One or more private streets may be authorized if. (i) the property is within either the rural areas (RA) or village residential (VR) zoning districts; (ii) the private streets will alleviate a clearly demonstrable likelihood of significant degradation to the environment of the property or any land adjacent thereto resulting from the construction of a public street in the same alignment; (iii) no alternative public street alignment is available which would alleviate significant degradation of the environment; (iv) no more lots are proposed on the private streets than could be created on a public street due to right -of -way dedication; and (v) the proposed private streets demonstrably promote sensitivity toward the natural characteristics of the land and encourages the subdivision of land in a manner that is consistent and harmonious with surrounding development. The term "significant degradation" means either: (a) The total volume of grading for construction of a public street would be thirty (30) percent or more than that of a private street in the same alignment, based upon profiles, typical sections, earthwork computations, and other information deemed necessary by the county engineer, submitted by the subdivider and reviewed by the county engineer; or (b) Environmental impacts including, but not limited to, erosion and sedimentation, stormwater runoff, surface water pollution, loss of tree cover and /or the loss of indigenous vegetation resulting from a public street, which would be substantially greater than that of a private street inthe same alignment, based upon evidence submitted by the subdivider and reviewed by the county engineer and other qualified staff. 3. General welfare. One or more private streets may be authorized if the general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the construction of one or more private streets than by the construction of public streets. 14 -234 Procedure to authorize private street and related matters. Requests under sections 14 -232 and 14 -233 shall be submitted, processed and acted upon as follows: A. A subdivider shall submit a request in writing to the agent at the time of the submittal of the preliminary plat or may, within the development areas, submit the written request prior to submittal of a preliminary plat or with an application to rezone the land. 1. The request shall state the reasons and justifications for the request, and shall particularly address one or more applicable bases for granting the request as identified in sections 14 -232 or14 -233, and each of the five findings identified in paragraph (C) required to be made. (a) The request shall include: (i) a map of the subdivision having contour intervals of not greater than twenty (20) feet showing the horizontal alignment; (ii) field -run profiles and typical cross - sections of the proposed streets; (iii) the maximum number of lots to be served by each private street; and (iv) documentation explaining how the perpetual maintenance of the private street including, within the development areas, the curb, curb and gutter, sidewalks, and planting strip landscaping will be funded, and identifying the person or entity that will be responsible for maintaining the improvements. The county engineer may waive the requirement for the field -run profile in the case of an existing street or where deemed appropriate due to topography, or if the topographic map is based on aerial or field collected data with a contour interval accuracy of five (5) vertical feet or better. A request under section 14- 232(A)(1) shall include earthwork computations demonstrating significant degradation. 121 M WIN �. 2. The agent shall forward the map to the county engineer for review and comment. When the agent has received comments on the map from the county engineer, the agent shall then consider the request. The agent shall then proceed as follows: (a) If the request for a private street is made under sections 14- 232(A) or 14- 233(A), he may recommend approval, approval with conditions, or denial. A recommendation of approval or conditional approval shall be accompanied by a statement by the agent as to the public purpose served by the recommendation, particularly in regard to the purpose and intent of this chapter, the zoning ordinance, and the comprehensive plan; or (b) If the request for a private street is made under sections 14- 232(B) or 14- 233(B), he may approve, approve with conditions, or deny the request. 3. The commission shall not consider a request until it has received and considered the recommendation of the agent. B. In considering a request for approval of one or more private streets, the agent and commission shall consider that: (i) private streets are intended to be the exception to public streets; and (ii) absent compelling circumstances, private streets should not cross over dams or bridges or involve other infrastructure that would be reasonably prohibitive to maintain, should not serve as the primary or sole interconnection between the subdivision and abutting property, or serve through traffic by being the connector between two or more public streets. C. The agent and the commission may authorize one or more private streets in a subdivision if it finds that one or more of the circumstances described in sections 14 -232 or 14 -233 exist and it determines that: 1. The private street will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private street; 3. The fee of the private street 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 street; 4. Except where required by the commission to serve a specific public purpose, the private street will not serve through traffic nor intersect the state highway system in more than one location; and 5. If applicable, the private street has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law. D. In considering a request for a private street, the commission may waive the requirements of sections 14 -404 and/or 14 -412 as provided therein, provided that all of the applicable requirements of sections 14 -232, 14 -233 and this section are satisfied. E. In approving a request for a private street, the commission or the agent may impose any condition pertaining to the private street it deems reasonable and necessary, including any condition pertaining to the funding or responsibility for maintaining the private street, including the curb, curb and gutter, sidewalks, and planting strip landscaping to be addressed in the maintenance instrument required by section 14 -317. 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 residential uses authorized under sections 14 -232 or 14 -233 shall satisfy the following: 2. Streets serving three 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. Any standard in this paragraph (2) may be reduced to the standard for streets serving two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround is provided. 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. 11 1 111 All 2. Streets serving three 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. Any standard in this paragraph (2) may be reduced to the standard for streets serving two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround is provided. 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. . .. :r�:rsirs . I nip I 1�1 IAN MI ­41 A -A 11,1M, I I Al .. . .... ­A­ ... .... jl .11111 A 1 1111 �� .. :r�:rsirs . j­ rI I 1�1 IAN .L- Ill A A A 11 A ­LL ­41 A -A 11,1M, I I Al .. . .... ­A­ ... .... 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. j­ rI I .L- Ill A A A 11 A ­LL ­41 A -A 11,1M, I I Al .. . .... ­A­ ... .... jl .11111 A 1 1111 is Mill 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. Mill I Ill is Mill 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- 412(A)(2)(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 detrimentalto the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.