HomeMy WebLinkAboutSUB200600375 Executive Summary 2007-06-13COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SUB 2006 -375 Ashcroft West Private Street Waiver
Appeal
SUBJECT /PROPOSAL /REQUEST:
Applicant Appeals Planning Commission Action
(Denial)
STAFF CONTACT(S):
Tucker, Foley, Davis, Kamptner, Graham, McCulley,
Pennock
LEGAL REVIEW: YES
AGENDA DATE:
June 13, 2007
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS: YES
REVIEWED BY:
INFORMATION:
INFORMATION:
BACKGROUND:
Ashcroft West is a proposed 28 -lot subdivision to be located on an 89 -acre portion of a larger parcel that is
zoned Planned Residential District (PRD). Vehicular access to the subdivision is through the existing
Ashcroft Subdivision. The applicant requested a waiver to allow a private street ( "private street waiver ") to
serve the proposed subdivision, and this request was denied by the Planning Commission on May 1, 2007.
The reasons for the Planning Commission's decision are summarized in the Commission's Action Memo
(Attachment C) and Draft Minutes (Attachment D). The applicant has appealed the Planning Commission's
decision to the Board.
STRATEGIC PLAN:
Goal Four: Effectively Manage Growth and Development
DISCUSSION:
The land proposed for subdivision has been zoned for planned residential development since 1979 (ZMA 79-
027). The 1979 approval allowed 28 lots to be served by a private street running generally along a ridge
line, with access through Ashcroft Subdivision. In 1988, the conditions of approval were amended to allow
the use of public water and to change the access to the proposed subdivision by extending Bache Lane in
the existing Franklin subdivision (ZMA 88 -04). In 1995, the access condition was amended to allow access
to the proposed subdivision not only by extending Bache Lane, but also to restore the access through
Ashcroft subdivision (ZMA 94 -091) allowed in the original rezoning. The staff report for ZMA 94 -091
explained that Ashcroft subdivision "anticipated the development of this property with access through
Ashcroft" and that staff opinion was that "access through Ashcroft is the most logical location for access due
to terrain." The applicant for ZMA 94 -091 explained that the proposed subdivision "lies along a ridge which
connects naturally with Ashcroft at a basically constant elevation." Without access through Ashcroft, the
applicant explained, its property was "effectively landlocked."
A preliminary subdivision plat for Ashcroft West subdivision, together with a private street waiver, was
approved by the Planning Commission on July 26, 2005 (SUB 04 -091). SUB 04 -091 was nearly identical to
the current preliminary plat, but it expired. Staff has not identified any change of circumstances regarding
the proposed subdivision since the prior approval.
Albemarle County Code § 14- 232(A)(3) authorizes a private street waiver "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." There are several reasons why the general welfare would
be better served by the construction of a private street in this case.
The street providing access to the proposed subdivision is a private street. This waiver request
presents a very unusual situation because the access to this proposed subdivision is provided
by Summit Ridge Trail, a private street in the Ashcroft Subdivision. Summit Ridge Trail connects
to Lego Drive, another private street in the Ashcroft Subdivision. These two private streets
extend for approximately one and one -half miles. Staff believes that there is no reason to
require the proposed private street to be treated differently from the existing private streets to
which it would connect.
2. A public street would require the applicant to improve existing off -site streets to a public street
standard. If the private street waiver is not approved and a public street is required, staff
believes that at least one -half mile of the existing private streets would need to be rebuilt to
public street standards in order for the Virginia Department of Transportation to accept the
existing private streets and the proposed extension of Summit Ridge Trail into the state -
maintained system. Given the existing easement width and the significant grade of these
existing street segments, it would be very difficult to reconstruct the street to an acceptable
public standard without substantially impacting the existing residents in Ashcroft. Unless the
County exercised the power of eminent domain, the applicant would have to persuade the
owners of Summit Ridge Trail and the adjoining lots with land in the prospective right -of -way to
dedicate the land to public use and to grant all necessary easements. Any owner along the way
could thwart the conversion of Summit Ridge Trail to a public street by not conveying required
property interests and thereby prohibit Ashcroft West subdivision from being developed. In
addition, the County Attorney has determined that the County may not require the applicant to
improve existing off -site streets as a condition of preliminary subdivision plat approval, and the
Planning Commission's denial of the waiver to allow a private street effectively imposed such an
obligation.
3. A private street requires less earthwork than a public street. Albemarle County Code § 14-
232(A)(1) recognizes that private streets may have an environmental benefit where they are
found to alleviate a clearly demonstrable likelihood of significant degradation to the environment.
Although section 14- 232(A)(1) applies only to lands zoned Rural Areas (RA) or Village
Residential (VR), it reflects a public policy to reduce environmental degradation. In this case,
staff found that a private street would alleviate significant degradation to the environment as
compared to a private street. The applicant's calculations indicated that the volume of earthwork
necessary to construct a public street would be 93% greater than that necessary to construct a
private street in the same alignment. The Subdivision Ordinance defines "significant
degradation" in these circumstances as a volume at least 30% more. While the engineering
analysis by staff questioned some of the applicant's methodology, staff concluded that a private
street would indeed substantially reduce the volume of earthwork necessary.
Staff believes that these reasons demonstrate that the general welfare, rather than the proprietary interests
of the applicant, would be better served by a private street rather than by a public street.
In addition, staff believes that the findings set forth in Albemarle County Code § 14 -234 (as set out in
Attachment A, pages 4 and 5), which are necessary to approve a waiver to allow a private street, are
satisfied.
BUDGET IMPACT:
N/A
RECOMMENDATIONS:
Staff recommends the Board approve the waiver to allow a private street for SUB 2006 -375 for the reasons
stated herein, and based on the findings set forth in Albemarle County Code § 14 -234.
ATTACHMENTS
A- Staff Report to Planning Commission
B- Planning Commission Action Letter
C- Action Memo — May 1, 2007 Planning Commission Meeting
D- Draft Minutes — May 1, 2007 Planning Commission Meeting
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