HomeMy WebLinkAboutSUB201200073 Legacy Document 2012-11-08 (4)LrRGtNh'
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2012 -73 The Preserve at Glenmore -
Staff: J.T. Newberry, Planner; Megan Yaniglos, Senior
Private Street Request
Planner
Planning Commission Public Hearing:
Board of Supervisors Hearing:
November 13, 2012
Not applicable
Owner: Sansovich Development, LLC
Applicant: Sansovich Development, LLC; Collins
Engineering, LLC
Acreage: 144.77
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: 94 -15, 94 -1581, 94 -15B2, 94 -15133, 94 -15134
By -right use: Rural Areas (RA)
Location: The intersection of the eastern terminus of
Farringdon Road [private] and Carroll Creek Road [private]
Magisterial District: Scottsville
DA— RA — X
Requested # of Dwelling Lots: 13
Proffers /Conditions: None
(8 lots are proposed to be created and 5 lots are proposed to
be adjusted)
Character of Property: The property is undeveloped and
Comp. Plan Designation: Rural Area 4 in Rural Areas
contains deciduous tree cover.
Proposal: Request in accordance with 14 -232 and 14- 234(C)
Use of Surrounding Properties: There are residential uses
of the Subdivision Ordinance for approval of private streets in
to the north, west and south (Running Deer subdivision and
the rural areas to serve a total of 13 single - family lots.
Glenmore); Limestone Creek to the east, with agricultural and
undeveloped land beyond.
Factors Favorable:
Factors Unfavorable:
1. Engineering staff has no objections to the authorization of
No unfavorable factors have been identified at this time.
a private street.
2. Streets in and around the Glenmore subdivision are
primarily private and Grey Heron Road would tie into a
mainly private street network.
3. A private street in a similar alignment was previously
approved by the Planning Commission, including a finding
that the private street would serve the general welfare.
RECOMMENDATION:
Staff recommends approval of private street request, as it meets the general welfare criterion set forth in Chapter 14, Section
232 of the ordinance.
STAFF PERSONS: J.T. Newberry, Planner; Megan Yaniglos, Senior Planner
PLANNING COMMISSION: November 13, 2012
AGENDA TITLE: SUB2012 -73 The Preserve at Glenmore — Private Street Request
APPLICANT: Sansovich Development, LLC; Collins Engineering, LLC
PROPERTY OWNER: Sansovich Development, LLC
APPLICANT'S PROPOSAL:
Request for preliminary plat approval to create 13 single - family lots on a total of 144.779 acres. Five
lots that were previously created are proposed to be adjusted and eight new lots are being proposed.
Associated with this proposal is a request to allow a private street. Eight of the thirteen lots are
proposed to be served by the private street [Attachment A and B].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas 4 in Rural Area.
REASON FOR PLANNING COMMISSION REVIEW:
The applicant has requested a waiver to allow access to the proposed lots via a private street per Section
14 -232 and 14 -234 of the ordinance [Attachment C].
Approval of the modification for private street authorization would also be the approval of the street in
accordance with Sections 14 -232 and 14 -234 of the Subdivision Ordinance. The required standard for
private streets is specified in Section 14 -412, and all requirements of this section will need to be met
with the approval of the final plat.
Section 14- 218(B) also requires action from the Planning Commission concerning the preliminary plat.
SELECTED PLANNING AND ZONING HISTORY:
SP2006 -31 — A special use permit to allow fill in the floodplain of Limestone Creek for a road
crossing to provide access to residential development on Tax Map 94, Parcels 15, 16 and 16A,
which was approved November 14, 2007.
SUB2010 -115 — A preliminary subdivision plat approved November 9, 2010.
SUB2010 -154 — A final plat creating four lots approved on March 11, 2011.
The subject property is adjacent to the Glenmore subdivision, and has been included in a number of
subdivision and boundary line adjustments with adjacent parcels. The subject property previously
included 144.77 acres in one single parcel. The same subject property now consists of TMP 94 -15, 94-
15B1, 94 -15B2, 94 -15B3, and 94 -15B4, still totaling 144.77 acres and zoned RA, Rural Areas. The
boundaries of the subject property are the result of a number of boundary line adjustments and
subdivisions with parcels that existed in 1980. The property contains 10 development rights. No portion
of this parcel is subject to zoning conditions or proffers.
The property was associated with special use permit SP2006 -31 and the conditions attached to it. This
special use permit granted the right to construct a stream crossing across Limestone Creek. However,
this permit is considered abandoned because the use was never commenced. As a result, none of the
conditions associated with its approval apply to this property.
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A private street in a similar alignment was approved with the preliminary plat SUB2010 -115, under a
finding by staff and the Planning Commission that authorization of the private street would serve the
general welfare.
The final plat SUB2010 -154 for The Preserve at Glenmore resulted in four new lots being created from
the 144.77 acre parcel, with a remaining residue still identified as TMP 94 -15.
The current proposal is to re- configure these four lots and the residue on 94 -15 into 13 total lots, using
all 10 development rights. The other three lots are each greater than 21 acres in size and do not require
development rights.
The Site Review Committee has reviewed the preliminary subdivision plat and found that it meets the
requirements for conditional approval, as set forth in Chapter 14 of the Albemarle County Code, if the
private street is authorized and approved.
AUTHORIZATION OF PRIVATE STREETS
Private streets may be authorized by the Planning Commission as provided by any one of the provisions
of Section 14 -232. County Engineering staff has analyzed each street as required by Chapter 14, Section
234 (Procedure to authorize private streets and related matters) of the County Code [Attachment E].
The applicant has requested approval of the private road using General Welfare [Section 14- 232(A)(3)]
as justification [Attachment C]. (ordinance language presented in bold italics followed by staff
comment):
ANALYSIS OF SECTION 14- 232(A)(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.
Unlike many private street requests, this request does not include a public street alternative for the
purposes of comparison. The proposed street ties into the existing Glenmore private street network and
does not connect to any public right -of -way. It cannot connect to the adjacent Running Deer Drive
(State Route 808) for any reason other than for emergency access because of zoning conditions
associated with the creation of Glenmore and Carroll Creek Road (Leake property, ZMA- 2006 -016).
Therefore, staff has found that there is no feasible alternative for the applicant to provide a public street.
Planning staff recommended in 2010 that a private street with a similar alignment be approved. At the
time, a positive finding was made that the private street did not simply serve the proprietary interests of
the subdivider. Staff additionally notes that the applicant is not gaining the ability to plat more lots by
creating a private street.
In prior actions, the Planning Commission has also agreed that private streets with a private street
maintenance agreement in place protects the general welfare of the public by allowing the subdivider
and residents within the development to endure the costs and maintenance of the road rather than putting
the burden on the general public. Although it has been the policy of the County to discourage private
streets in the rural areas, given the current economic climate, staff believes that a private street in this
development would better serve the general welfare and would be consistent with previous Commission
actions.
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ANALYSIS OF SECTION 14 -234:
Per Section 14- 234(c), the Commission may authorize one or more private roads to be constructed in a
subdivision if it finds that one or more of the circumstances described in section 14 -232 exists and that:
(ordinance language presented in bold italics followed by staff comment)
1. The private road will be adequate to carry the traffic volume which maybe reasonably expected to
be generated by the subdivision.
The subdivision shall be subject to the private street requirements for final plat approval per Section
14 -412. The road will be required to meet Virginia Department of Transportation standards since the
proposed private street will be serving eight lots. Staff believes that the proposed private street is
adequate to carry the amount traffic expected by the subdivision.
2. The comprehensive plan does not provide for a public street in the approximate location of the
proposed private road,
The Comprehensive Plan does not provide for a public street in the location of this private street.
3. The fee of the private road 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 road,
Section 14 -317 of the Subdivision Ordinance requires that a maintenance agreement be submitted for
review by Planning staff and the County Attorney in all situations where improvements are required to
be maintained. The applicant has indicated that the private road will be entirely owned and maintained
by the Glenmore Home Owners Association.
4. Except where required by the commission to serve a specific public purpose, the private road will
not serve through traffic nor intersect the state highway system in more than one location; and
The private street will not serve through traffic, nor intersect the state highway system in more than one
location.
5. If applicable, the private road has been approved in accordance with section 30.3, flood hazard
overlay district, of the zoning ordinance and other applicable law.
As proposed the private road would not require any upgrades nor impact the flood plain.
SUMMARY AND RECOMMENDATION:
Favorable factors:
1. Engineering staff has no objections to the authorization of a private street.
2. Streets associated with the Glenmore subdivision are primarily private and Grey Heron Road
would tie into a mainly private street network.
3. A private street in a similar alignment was previously approved by the Planning Commission,
including a finding that the private street would serve the general welfare.
Unfavorable factors:
None.
Staff recommends approval of this preliminary plat and private street request with the following
conditions to be addressed in final plat:
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Recommended conditions:
1. The plat shall be subject to the requirements of Section 14 -303 (Contents of final plat), as
identified on the "Final Subdivision Checklist" which is available from the Community
Development Department;
2. The final plat shall address all minimum requirements from Sections 14 -410 (Standards for all
street and alleys) and 14 -412 (Standards for private streets only).
3. Health director approval of individual private wells and/or septic systems.
ATTACHMENTS:
A. Area map
B. Proposed preliminary plat
C. Applicant justification
D. SUB2010 -154: The Preserve at Glenmore — Final Plat (approved March 11, 2011)
PLANNING COMMISSION MOTION:
A. Should the Planning Commission choose to approve this Preliminary Plat:
Move to approve SUB2012 -73 subject to the conditions as recommended by staff.
B. Should the Planning Commission choose to deny this Preliminary Plat:
Move to deny SUB2012 -73. Should a commissioner motion to deny, he or she should state the
reason(s) for denial.
and;
C. Should the Planning Commission choose to approve this private street request:
Move to approve the private street request associated with SUB2012 -73 subject to the
conditions as recommended by staff.
D. Should the Planning Commission choose to deny this private street request:
Move to deny SUB2012 -73. Should a commissioner motion to deny, he or she should state the
reason(s) for denial.
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