HomeMy WebLinkAboutSDP200700147 Legacy Document 2008-02-26k�
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County of Albemarle
Department of Community Development
Memorandum
To: Jonathan Sharp
From: Bill Fritz
Division: Zoning and Current Development
Date: February 25, 2008
Subject: SDP 2007 -147 Avon Park II Request for Relief of Street Extension
I have reviewed the request for relief of construction of the street extension to adjacent property for this project. The
extension of the street is required by Chapter 14, Section 409 of the Albemarle County Code. A waiver of the
extension requirement may be administratively approved subject to subsection D. I will address each provision of that
section.
D. Waiver by agent of extension requirement. The requirements of subsection (B) may be
waived by the agent as provided in section 14- 224.1. A request for a waiver may be made prior to or with
submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification for the request; (ii) a
vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet;
(iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed
boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being
subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser
distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes,
floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of parking,
as applicable; and (vii) identification of the location of the nearest development and rural area boundaries and the
maximum number of lots proposed in the subdivision.
The applicant has provided the necessary information with the application for SDP 2007 -147 Avon Park
II Final Site Plan.
2. Consideration and findings. In reviewing a waiver request, the agent shall consider whether: (i) extending the
street to the abutting property line would require offsite easements; (ii) the need for the extension outweighs the
impacts on environmental resources such as streams, stream buffers, steep slopes, and floodplain; (iii) alternative
connections to the abutting lands from a different location would provide a better connection; (iv) the subdivider
would contribute to the cost to complete the extension to the abutting property line when the adjoining lands are
developed, and how; and (v) the street would be extended into the rural areas. In approving a waiver, the agent
shall find that requiring extension 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.
Extending the street would require an offsite easement. The Avon Park development will be connected
to adjacent development to the north. The developer will reserve the necessary right of way for
dedication. The proposal extends the street to within 20 feet of the property line.
3. Requirements if waiver granted. If the agent grants the waiver: (i) the public street shall be constructed past the
point at which the primary structures on the lots abutting the street would rely on the finished grade for
landscaping and other improvements, but in no case less than thirty (30) feet beyond the curb line or ditch line on
those lots; (ii) the subdivider shall dedicate the required right of way to the abutting property line, along with all
easements required to allow the street connection to be constructed in the future; (iii) the required easements shall
prohibit any improvements being established therein; (iv) the subdivider shall provide a surety guarantee or an
escrow of funds for its share of the cost to complete the extension if determined by the agent to be necessary; the
type of surety guarantee or the escrow shall be acceptable to the county engineer and be approved by the county
attorney; and (v) the agent may require that the subdivider install and maintain a sign at the end of the constructed
portion of the street stating that the street is a future through street, and that the sign is maintained until the
county grants final approval of extending the street to the abutting property.
The street is to be constructed past all proposed structures.
This modification request is being made during the review of the site plan and no subdivision plat has been
submitted. As a condition of plat approval this modification is approved subject to:
1. The necessary right of way will be dedicated and necessary easements will be provided.
2. The subdivider shall provide a surety guarantee or an escrow of funds for its share of the cost to
complete the extension. The type of surety guarantee or the escrow shall be acceptable to the county
engineer and be approved by the county attorney.
3. The subdivider shall install and maintain a sign at the end of the constructed portion of the street
stating that the street is a future through street. The sign shall be maintained until the county grants
final approval of extending the street to the abutting property.
Cc:
Pat Lawrence
Alan Franklin