HomeMy WebLinkAboutSUB201900085 Staff Report 2022-11-02ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2019-85 Montgomery Ridge
Staff: Christopher Perez, Senior Planner
Subdivision — Phase 4— Special Exception
Planning Commission meeting:
Board of Supervisors meeting:
August 13, 2019
Not applicable
Owners: Eric and Emily Britton
Applicant: Eric and Emily Britton c/o Tim Miller
Location: 2506 Powell Ridge
Acreage: 14.01 acres
TMP: 04600-00-00-02400
By -right use: R-1 Residential - 1 unit/acre
Magisterial District: Rivanna
Proffers/Conditions: No
Requested # of Dwelling Lots: 13
DA — X
Proposal: Request for a special exception to vary
Comp. Plan Designation: Neighborhood Density
the to the planting strip and sidewalk requirement
Residential — residential (3 — 6 units/acre)
on the northern side of the proposed
supporting uses such as religious institutions,
interconnection, Road A within a future subdivision,
schools and other small-scale non-residential
in accordance with Section 14-422(F) and Section
uses in the Places 29 Master Plan.
14-422 E of the Subdivision Ordinance.
Character of Property: Vacant and wooded.
Use of Surrounding Properties: To the north,
Phase 2 of Montgomery Ridge Subdivision, SFD
units with each lot under an acre. To the south,
larger SFD lots between 3 and 27 acres.
Factors Favorable:
Factors Unfavorable: None identified.
1. Allows for the interconnectivity of
developments within the development
area.
2. Street trees will be provided in a planting
strip on the southern side of the street to
maintain the urban character of the
streets.
3. A sidewalk will be provided on the
southern side of the street to facilitate
pedestrian access and to maintain the
urban character of the streets.
4. VDOT and Engineering have no
objections to the request.
RECOMMENDATION:
Staff recommends approval of the special exception to vary the planting strip [14-422(F)j and
sidewalk [14-422(E)] on the northern side of the proposed public road, Road A with condition
listed in the staff report.
STAFF PERSONS: Christopher Perez, Senior Planner
PLANNING COMMISSION: August 13, 2019
AGENDA TITLE: SUB2019-85 Montgomery Ridge Subdivision — Phase 4 — Special
Exception
APPLICANT: Eric and Emily Britton c/o Tim Miller
PROPERTY OWNER: Eric and Emily Britton
APPLICANT'S PROPOSAL:
The applicant is requesting a special exception to vary the planting strip requirements on the northern
side of the proposed public road, Road A within a future subdivision, in accordance with Section 14-
422(F) of the Subdivision Ordinance. The applicant is also requesting a special exception to vary the
sidewalk requirement on the northern side of the proposed public road, Road A with a future
subdivision, in accordance with Section 14-422(E) of the Subdivision Ordinance. These requests have
been submitted prior to submittal of a preliminary subdivision plat or submittal of a road plan. The
applicant provided the attached exhibit that depicts the proposed design for Road A and a concept plan
for a future 13 lot subdivision on TMP 04600-00-00-02400 (see Attachment B).
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Neighborhood Density Residential — residential (3
— 6 units/acre) supporting uses such as religious institutions, schools and other small-scale non-
residential uses in the Places 29 Master Plan.
SELECTED PLANNING AND ZONING HISTORY:
• SUB2002-230 Montgomery Ridge - Preliminary Subdivision Plat
Approved 2-13-2003
• SUB2005-231 Montgomery Ridge — Phase 2 (Lots 17-43 & 53) - Final Subdivision Plat
Approved 4-17-2006
REASON FOR PLANNING COMMISSION REVIEW:
Section 14-422(F) and 14-422(E) authorizes the Planning Commission to vary or except planting
strip and sidewalk requirements as provided under Section 14-203.1.
VARIATION OF THE. PLANTING STR_iP REQUIREMENT
Planting strips for street trees are required on both sides of each new street within a subdivision
between the street and the sidewalk within the development area. The applicant is requesting a
special exception to vary this requirement to provide a planting strip on one side (northern) of the
proposed public road, Road A (see Attachment B). Similar to the sidewalk variation request
discussed later in the report, this planting strip variation would apply to a total length of
approximately 340 feet, extending from the intersection of Montgomery Ridge Road through to
the proposed Road B, which is approximately 40 feet into the subject property.
ANALYSIS OF 14-422(F) VARIATION OF OR EXCEPTION OF PLANTING STRIP
REQUIREMENTS:
Per Section 14-422(F)(2), in reviewing a request to vary the requirement for planting strips, the
commission shall consider whether: (ordinance language presented in bold italics followed by staff
comment):
2
(i) a variation or exception to allow a rural cross-section has been granted, No such variation has
been granted. The applicant is proposing a public street, Road A, within the development that will
connect with the adjoining public street, Montgomery Ridge Road (SR 1788).
(ii) a sidewalk variation or exception has been granted; A sidewalk variation on one side of the
street has been requested. Staff analysis of this request is found later in the report.
(iii) reducing the size of or eliminating the planting strip promotes the goals of the comprehensive
plan, the neighborhood model, and the applicable neighborhood master plan; While the proposed
request does not promote the goals of the comprehensive plan, neighborhood model, or applicable
neighborhood master plan, the existing 40 foot wide public right-of-way reservation area, TMP 046DO-
00-00-OOOA2, approved with phase 2 of the Montgomery Ridge Subdivision is not wide enough for a
new public road designed with sidewalks and planting strips on both sides of the road. Allowing for the
planting strip and the sidewalk on one side of the road will reduce the design requirements enough to
permit the installation of the public road within this existing reservation area. Thereby allowing the
continuation of the public street network and facilitating the interconnection of streets within the
development areas, which is a principle of the neighborhood model, and a strategy within the
comprehensive plan.
iv. Waiving the requirement would enable a different principle of the neighborhood model to be more
fully achieved. Since the right of way previously platted for reservation does not allow for a public road
with sidewalks and planting strips on both sides, the Neighborhood Model principle of Interconnected
Streets and Transportation Networks is more fully achieved by a design that allows for the
interconnection and still provides pedestrian connectivity.
SUMMARY:
Staffs opinion is that permitting the planting strip requirement on one side of the proposed public
road allows for interconnectivity to be achieved between developments within the development area
within the area reserved for right of way. Staff does not anticipate any adverse impacts from the
variation of the planting strip on one side of the proposed road and recommends approval of this
request.
VARIATION OF SIDEWALK REOUIREMENT
Sidewalks are required on both sides of each new street within a subdivision. The applicant is
requesting a special exception to vary this requirement to provide sidewalk on one side (northern)
of the proposed Road A (see Attachment B). Similar to the planting strip variation request, this
sidewalk variation would apply to a total length of approximately 340 feet, extending from the
intersection of Montgomery Ridge Road through to the proposed Road B, which is approximately
40 feet into the subject property, TMP 04600-00-00-02400.
ANALYSIS OF 14-422(F) VARIATION OF OR EXCEPTION OF SIDEWALK
REQUIREMENTS:
Per Section 14-422(E)(2), in reviewing a request to vary or except the requirement for sidewalks, the
commission shall consider whether: (ordinance language presented in bold italics followed by staff
comment)
i A variation or exception to allow a rural cross section has been granted, No such variation has
been granted. The applicant is proposing a public street, Road A, within the development that will
connect with the adjoining public street, Montgomery Ridge Road (SR 1788).
iL A surface other than concrete is more appropriate for the subdivision because of the
character of the proposed subdivision and the surrounding neighborhood, There is no request
to substitute a different surface or material for the concrete sidewalk provided on the other side
of the proposed public road.
& Sidewalks on one side of the street are appropriate due to environmental constraints
such as streams, stream buffers, steep slopes, Jloodplain, or wetlands, or because lots are
provided on only one side of the street, No sensitive areas such as buffers, steep slopes,
floodplain or wetlands exist here; however, the street design is impacted by the existing 40 foot
wide public right-of-way reservation area, TMP 046DO-00-00-OOOA2, approved with phase 2 of
the Montgomery Ridge Subdivision, which has existing residential lots on either side of the
proposed road. Sidewalks on one side of the street are appropriate to serve the proposed 13 lot
subdivision on the subject property.
ix The sidewalks reasonably can connect into an existing or future pedestrian system in the area;
The sidewalk reasonably connects into an existing pedestrian system within the adjacent subdivision.
v. The length of the street is so short and the density of the development is so low that it is
unlikely thatlrsidewalk would be used to an extent that it would provide a public benefd,
The length of the road is relatively short and amount of proposed units in the development is
relatively low that it is unlikely that sidewalks on both sides would be used to an extent that it
would provide a public benefit over sidewalks on one side of the proposed road.
vi. An alternate pedestrian system including an alternative pavement could provide more
appropriate access throughout the subdivision and adjoining lands, based on a proposed
alternative profile submitted by the subdivider, An alternative pedestrian system is not being
proposed.
viL The sidewalks would be publicly or privately maintained; The sidewalk provided on the
southern side of the road will be publicly maintained. VDOT has no objection to the sidewalk
exception request.
viiL The waiver promotes the goals of the comprehensive plan, the neighborhood model, and
the applicable neighborhood master plan; While the proposed request does not promote the
goals of the comprehensive plan, neighborhood model, or applicable neighborhood master plan,
the existing 40 foot wide public right-of-way reservation area, TMP 046DO-00-00-OOOA2,
approved and platted with phase 2 of the Montgomery Ridge Subdivision is not wide enough for
a new public road designed with sidewalks and planting strips on both sides of the road.
Allowing for the planting strip and the sidewalk on one side of the road will reduce the design
requirements enough to permit the installation of the public road within this existing reservation
area. Thereby allowing the continuation of the public street network and facilitating the
interconnection of streets within the development areas, which is a principle of the neighborhood
model, and a strategy within the comprehensive plan.
& Waiving the requirement would enable a different principle of the neighborhood model
to be morefully achieved Since the right of way previously platted for reservation does not
allow for a public road with sidewalks and planting strips on both sides, the Neighborhood
Model principle of Interconnected Streets and Transportation Networks is more fully achieved
by a design that allows for the interconnection and still provides pedestrian connectivity.
SUMMARY:
Staff s opinion is that permitting the sidewalk requirement on one side of the proposed public road
allows for interconnectivity to be achieved between developments within the development area
within the area reserved for right of way. Staff does not anticipate any adverse impacts from the
variation of the sidewalk on one side of the proposed road and recommends approval of this request.
SUMMARY AND RECOMMENDATION:
Favorable factors:
1. Allows for interconnectivity between developments within the development area
2. Street trees will be provided in a planting strip on the southern side of the street to maintain
the urban character of the streets.
3. A sidewalk will be provided on the southern side of the street to facilitate pedestrian access
and to maintain the urban character of the streets.
4. VDOT and Engineering have no objections to the request.
Unfavorable factors:
None identified.
RECOMMENDATION:
Staff recommends approval of the special exception to vary the planting strip [14-422(F)] and sidewalk
[14-422(E)] on the northern side of the proposed public road, Road A with condition listed below.
1. The modification applies only to Road A as depicted on sheet P-4 of the exhibit entitled
"Montgomery Ridge Subdivision Phase 4," prepared by Meridian Planning Group, LLC, dated
May 15, 2019.
ATTACHMENTS:
A. Area Map
B. Road design exhibit/concept plan for future subdivision
C. Applicant Request and Justification
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Attachment B
Engneeering • Surneyiug - Phmning
May 15, 2019
Planning Commission
County of Albemarle
44e Premier Cimle, Suite. 200
Charlwt. eille, VA 22901
Phone: 4i4.882.0121
www,rnendianwhe,aom
RE: MONTGOMERY RIDGE SUBDIVISION — PHASE 4
SECTION 14-422(E) - EXCEPTION REQUEST FOR SIDEWALK
SECTION 14422(F) - EXCEPTION REQUEST FOR PLANTING STRIP
To Whom it may Concern_
The Owners of TMP 04600-00-00-02400. Eric and Emily Britton, are hoping to create a 13-lot subdivision
of this parcel, which will become Phase 4 of the Montgomery Ridge Subdivision. Eric and Emily inherited
this parcel from their father, Richard Britton, who passed away last year after owning it since 1958. Neither
Eric nor Emily live in Virginia so they are not able to live in the house on the property, therefore, they must
sell it.
The subdivision plat for Montgomery Ridge — Phase 2 was recorded in DB 3201-729 on April 20. 2006.
Approval of this subdivision required a strip of land be reserved for future dedication as an inter -parcel
connection to TMP 04600-00-00-02400. I was the engineer of record for Montgomery Ridge Subdivision
— Phase 2. It was determined at that time that TMP 04600-00-00-02400 would only allow a maximum of
15 lots and that VDOT Subdivision Guidelines in affect at that time, and currently, allow for a 40' Right -
of -Way. Consequently, a 40' wide strip of land designated as Area Y (TMP 046DO-00-00-OOOA2) was
included on the Phase 2 Subdivision plat.
Section 14-422 (A) of the current Albemarle County Ordinance requires a 6' wide planting strip and 5'
wide concrete sidewalk on both sides of each new street within a subdivision creating lots for single family
detached and single family attached dwellings in the development areas. Montgomery Ridge — Phase 4
will have to meet the requirements of this section.
The Preliminary Subdivision Plat that was submitted with this Exception Request shows the proposed 13-
lot single family detached subdivision with Road A as the inter -parcel connection from Montgomery Ridge
Road through TMP 046DO-00-00-0OOA2 to TMP 04600-00-00-02400.
The VDOT regulations require a minimum width of 24-feet from face of curb to face of curb for all the
roads in Phase 4. Sheet P5 shows the Typical Road Sections for Roads A, B, and C. Roads B and C have
the required 6' wide planting strip and 5' wide sidewalk on both sides of the street. The right-of-way width
required for these roads is 48'. Since the width of TMP 046DO-00-00-000A2 is 40' it will only allow for a
6' planting strip and 5' concrete sidewalk on one side of Road A. Consequently, an exception for sidewalk
and planting strip on one side of Road A is required for approval of Montgomery Ridge Subdivision —Phase
4.
Page t
Attachment C
Section 14-422(E) Variation of or exception to sidewalk requirements.
1. Information to be submitted
(i) As explained above, the width of TMP 046DO-00-00-00OA2 as recorded in DB 3210-729 is 40'
and does not allow for sidewalks on both side of Road A. At the time the plat for Phase 2 was
recorded it was not determined that sidewalks would have to be constructed on both sides of the
road. The first 1,000 feet of Montgomery Ridge Road was approved with a 5' concrete sidewalk
on only one side of the road because there are no houses along that portion of the road.
(ii) Sheet P5 shows the larger street network in the Montgomery Ridge Subdivision.
(iii) Sheets Pl and P2 shows the conceptual subdivision and the boundaries of the parcel.
(iv) Sheet P5 shows the topography of the property at 2-foot contour intervals to a distance of 500' from
Road A.
(v) Sheets P3 and P4 show steep slopes. There are no streams, stream buffers, floodplains, or known
wetlands on this parcel.
(vi) Sheet P4 shows proposed layout of streets, lots, water mains, and sanitary sewer.
(vii) Sheet P5 shows the existing pedestrian network in the Montgomery Ridge Subdivision. The
existing sidewalks are publicly maintained and 5' wide concrete, A proposed alternative profile is
not applicable.
2. Consideration
(i) Not applicable.
(ii) The Typical Road Section on Sheet P5 shows the sidewalk will be concrete and have a width of
5'.
(iii) Sidewalk on one side of Road A is appropriate since there are no new lots proposed along either
side of this road.
(iv) The one sidewalk will connect to the existing sidewalk network in the Montgomery Ridge
Subdivision.
(v) The length of Road A and the density of Phase 4 is so low that two sidewalks would not be used
to an extent that it would provide a public benefit.
(vi) Not Applicable.
(vii) The sidewalk would be publicly maintained like the other sidewalks in Montgomery Ridge
Subdivision.
(viii) Approval of this sidewalk exception would promote the following goals of the Comprehensive
Plan, Neighborhood Model, and Places 29 Master Plan.
• Comprehensive Plan: Without this exception, TMP 04600-00-00-02400 will remain a 14-acre
property that is designated as `Neighborhood Density' on the Comprehensive Plan but will only
be allowed to have only one single family dwelling.
• (2) Neighborhood Friendly Streets & Paths: The 5' wide concrete sidewalk proposed on one
side of Road A will provide adequate pedestrian access to the Phase 4 sidewalks.
• (3) Interconnected Streets: Without this exception, The Montgomery Ridge road network will
not be allowed to connect to TMP 04600-00-00-02400. In Addition, the proposed Phase 4 Road
Network will extend the existing road network to TMP 04600-00-00-02600, which has frontage
on Polo Grounds Road.. Future development of 04600-00-00-02600 would further extend the
Montgomery Ridge road network to provide a second entrance onto Polo Grounds Road. The
existing Montgomery Ridge road network has only one entrance to an external public road.
• Places 29 - Future Land Use North Master Plan: Without this exception, TMP 04600-00-00-
02400 will remain a 14-acre property that is designated as `Neighborhood Density' on the
Master Plan but will only be allowed to have only one single family dwelling.
(ix) Approval of this sidewalk exception would enable the following goal of the neighborhood model.
Page 2
Attachment C
(1) Pedestrian Oriented Neighborhood: Sidewalk connections between smaller blocks of a
neighborhood allow for pedestrian access to friend's homes and parks. Sidewalks along one
side of the street are acceptable where there is no development along one side of the street.
Section 1.4-422(F) Variation of or exception to planting strip requirements.
1. Information to be submitted
(i) As explained above, the width of TMP 046DO-00-00-0OOA2 as recorded in DB 3210-729 is 40'
and does not allow for planting strips on both side of Road A. At the time the plat for Phase 2 was
recorded it was not determined that planting strips would have to be provided on both sides of the
road. The first 1,000 feet of Montgomery Ridge Road was approved with planting strip on only
one side of the road because there are no houses along that portion of the road.
(ii) Sheet P5 shows the larger street network in the Montgomery Ridge Subdivision.
(ui) Sheets PI and P2 shows the conceptual subdivision and the boundaries of the parcel.
(iv) Sheet P5 shows the topography of the property at 2-foot contour intervals to a distance of 500' from
Road A-
(v) Sheets P3 and P4 show steep slopes. There are no streams, stream buffers, floodplains, or known
wetlands on this parcel.
(vi) Sheet P4 shows proposed layout of streets, lots, water mains, and sanitary sewer.
2. Consideration
(i) Not applicable.
(ii) Approval of a sidewalk exception is part of this request
(iii) Approval of this planting strip exception would promote the following goals of the Comprehensive
Plan, Neighborhood Model, and Places 29 Master Plan.
+ Comprehensive Plan: Without this exception, TMP 04600-00-00-02400 will remain a 14-acre
property that is designated as `Neighborhood Density on the Comprehensive Plan but will only
be allowed to have only one single family dwelling.
(2) Neighborhood Friendly Streets & Paths: The 6' wide planting strip proposed on one side of
Road A will provide street trees between the road and the sidewalk.
(3) Interconnected Streets: Without this exception, The Montgomery Ridge road network will
not be allowed to connect to TMP 04600-00-00-02400. In Addition, the proposed.Phase 4 Road
Network will extend the existing road network to TMP 04600-00-00-02600, which has frontage
on 'Polo Grounds Road. Future development of 04600-00-00-02600 would further extend the
Montgomery Ridge road network to provide a second entrance onto Polo Grounds Road. The
existing Montgomey Ridge road network has only one entrance to an external public road.
Places 29 - Future Land Use North Master Plan: Without this exception, TMP 04600-00-00-
02400 will remain a 14-acre property that is designated as `Neighborhood Density' on the
Master Plan but will only be allowed to have only one single family dwelling.
(iv) Approval of this planting strip exception would enable the following goal of the neighborhood
model.
(1) Pedestrian Oriented Neighborhood: Sidewalk connections between smaller blocks of a
neighborhood allow for pedestrian access to friend's homes and parks. Sidewalks along one
side of the street are acceptable where there is no development along one side of the street.
Page 3
Attachment C
,K.ydr�i�a
I-, this an amendment to an approved plan? Yes 7 No 7
Is this a revision or resubmission for review? Yes 1 : No ✓
County File Number:_ (r, be pzmided hr• County Jbr near applications)
8 Copies of the Plan to be submitted and distributed by the Counly as follows:
2 Copies to County Engineering
Copy to Albemarle Fire and Rescue
I Copy to Planting for Street Trees and other landscaping review
2 Copies to Albemarle County Service Authority
2 Copies to Virginia Department ofT3ansportarimt
Have you submitted pans separately ro any agencies listed above? Yes No
List Agencies: ---
' Project Name %1,D-4unafy iiiaye Subdivision - Phase 4
_ 'I a'. ma.p and parcels" 46-24 _ --
`Lorin--
Physical Street Address (if assigned): 2506 Powell Ridge
r� [:p3icgrt Eric & Emily Britton
Street Address8521 Witez Court
G ry Parker Stateco _ %i p Code 80134
Phone Number —
Email
Owner of Record Same as applicant
Street Address -
City State _ Zip Code
�...: Phone
Lmait
Contact (who,I)Ould we wntact about chic projecy:Mendian Plannin Gg roup, LLC
SrieetArldress440 Premier Circle, Ste 202
Citv Charlottesville "_State VA __ _7.ipCode22901
Phone Nnmber434.882-0121
p,,,Iltmiller@meridianwbe.com `
County of Albemarle
Department of Community Development
40:( Mclotire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Pas: (434) 972-4126
Attachment C
FEES
ROAD PLANS FOR PROPOSFI) SDBDIVISION
*If public and private streets are proposed, pay the higher of the two fees (private street)
8 copies of the road place are required for all submittals
Public Street Fees
Private Street Fees
CI For each review of a submitted plan, including re-
❑ Authorization of one or more private streets within
views of revisions after plan approval — $269 +$100 Fire
a subdivision filed separately from a subdivision appli-
'
Rcscuc Fee
cation =$72f)
❑ For each review of a submitted plan, including re-
views of revisions after plan approval = $430+ $100
Fire Rescue Fee
VARIATIONS OR EXCEPTIONS
BEFORE APPROVAL OF A PRELIMINARY PLAT
❑ Variation to or exception from street interconnection requirements =$581
0 Variation to or exception from one or more street standards = $581
❑ Variation to or exception from curb and/or gutter requirements = $581
AFTER PRELIMINARY PLAT APPROVAL AND
BEFORE FINAL SUBDIVISION PLAT APPROVAL
❑ Variation to or exception from any requirement ol'Chapter 14 for which a variation to or exception Pram Is au-
thorized after approval of a preliminary plat and before approval of a final plat=S892.00. Attach written justillca-
tion
AFTER FINAL PLAT APPROVAL
❑ Variation to or exception from any requirement of Chapter 14 for which a variation to or exception from is au-
thorized after approval of it final plat = $892.00. Attach written justification
SURETY/BONDING
if required to construct a street, the subdivider shall pay to the county a the equal to [he cost of the Inspection of the con-
struction of any such street. These fees shall be paid pj iot' to completion of all necessary inspections and shall be deemed a
part of the cost of construction of the street for purposes of section 14-43S(B).
The bond process and forts can be found at the document center under bonds. After a plan is approved, a bond estimate
rrNuest form must be submitted to the Community Development office with the required fee. The owner signatures will be
verified for each parcel affected, and estimates will be prepared by the engineering reviewer. A bond amount will be pro-
vided to the owner. Bond agreements will be prepared by die county, and when property completed by the owner, will he
reviewed and signed by the County Attorney and County Engineer. please al low a few weeks for this process.
Attachment C
Owner/Applicant Must Read and Sign
The foregoing information is complete and correct to the best of my knowledge. I have read and understand the
provisions of Chapter 14 Subdivision of Land of the Albemarle County Cade, and the Design Manual, and am
consenting to all correspondence from Albemarle County be in any of the following forms in writing: by first
class mail, by personal
delivery, by fax or, by email.
May 15. 201911
FI Signature of Owner, Contract Purchase , Agen Date
-Timothy Milier 434-882-0121
Print Name Daytime phone number of Signatory
Fee
ReQgcQrveQ
Liu
RECEIVED Rece d Date
Attachment C