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HomeMy WebLinkAboutSTA200800001 Legacy Document 2008-11-03STAFF PERSONS: Amelia McCulley and Bill Fritz PLANNING COMMISSION: August 26, 2008 BOARD OF SUPERVISORS: TBD STA: 2008-001 Rural Area Streets ORIGIN: Board of Supervisors Resolution of Intent on February 6, 2008 (Attachment A) PROPOSAL: This Subdivision Text Amendment proposes two changes: 1. To require that all subdivision of property (from the effective date forward) share the same access road / entrance onto any public street. AND 2. To establish a road standard for a private road serving two (2) lots. This shall be the same as the existing standard for a private road serving 3 to 5 lots. Therefore, the new road standard would become a 2 to 5 lot private road standard. PUBLIC PURPOSE TO BE SERVED: The proposed amendments provide for the orderly subdivision and development of land. The current Subdivision regulations allow for these purposes to be circumvented in several ways, such as through the creation of multiple entrances with separate subdivision plats done in a series. (For further discussion of the "Albemarle two-step" please refer to point #1 in Attachment B.) The purposes served by the proposed amendments are as follows: 1. Reducing the number of entrances onto a public road Each entrance onto a public road is, a conflict point and an opportunity for accidents for the traveling public. It is common for local zoning and subdivision regulation to reduce and limit the numbers of entrances available to property. The current Albemarle Subdivision regulations allow multiple entrances to be established if sufficient public road frontage exists such that the establishment of an internal road is not necessary to meet lot frontage requirements. Attachment B describes an example of the "Albemarle two-step. " The first step is an administrative Rural Division creating a lot which meets minimum public road frontage (250 feet) and acreage (5 acres or more). This step can create one or several new lots (shown as Parcels A and B in the attachment B). The next step is a subdivision plat that establishes a shared driveway to serve two lots (Al and A2, B1 and 132), creating one new lot from each of the Rural Division lots created in the first step. The result of the current Subdivision regulations is two separate entrances and two separate two -lot roads. The proposed Subdivision Text Amendment would require all the property to use one street/entrance. This reduces the number of entrances and roads from two (2) to one (1). 2. Establishing a road standard for a private street serving two (2) lots The current Albemarle Subdivision regulations do not have a specific construction standard for a private street serving two lots. It only requires a "travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions." Establishing a road standard for these streets will establish and effectively increase the minimum design and construction standards for private streets serving two lots. In addition, it will result in improved emergency access to these properties. BACKGROUND: This issue was brought to the January 9th Board meeting at their request. The memorandum (Attachment B) for their information on the consent agenda wase discussed. On February 6th, they adopted the resolution of intent to amend the Subdivision Ordinance. STAFF COMMENT: Staff has provided information about the standard considerations for an ordinance amendment in the proceeding. While there are some increased staff time and costs to the public associated with this amendment, this is more than justified by the public purposes which are served. Many have seen the current regulations as having a "loophole" which would be closed by the draft amendment. Family divisions are exempt from both of these changes. Administration / Review Process: The proposed Ordinance amendment will result in some increased administration and review. Two -lot subdivisions will require the submittal, review, bonding and inspection of a road plan. This will result in increased applicant costs and increased application review timelines. The more likely result is that more subdivided properties will be sharing a road subject to County standards and approval. Housing Affordability: It is difficult to estimate how this Amendment would impact housing affordability. The cost of road construction is typically the highest cost for a rural subdivision. 2 Implications to Staffing / Staffing Costs: The proposed STA is not expected to generate the need for additional staff. Once adopted, the new Subdivision Ordinance fees will recover staff costs. STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance found in Attachment C. Attachment A: Resolution of Intent Attachment B: Memo to Board dated December 13, 2007 from Amelia McCulley re: Rural Area Subdivisions Attachment C: Draft Subdivision Text Amendment 3 Attachment A RESOILUTION OF INTENT WHEREAS, subdivision regulations should assure the orderly subdivision and development of land and promote the public health, safety, convenience and welfare of citizens; and WHEREAS, the orderly subdivision and development of land includes requiring a s.ubdividerto lay out and construct streets in accordance with appropriate state and local standards to relieve the public of the burden that would otherwise exist, to assure that streets are properly designed and constructed for anticipated traffic, and to promote public safety and minimize traffic conflicts with existing streets; and WHEREAS, current County subdivision regulations allow these purposes to be circumvented by allowing a parcel to be subdivided into multiple two -lot subdivisions that result in lots being created without being served by streets meeting public street design and construction standards or reviewed for approval by the Planning Commission under Albemarle County Code § 14-232 et seq.; and WHEREAS, current County subdivision regulations also allow these purposes to be circumvented by allowing the ultimate subdivision of a parcel to have multiple entrances onto existing public streets, thereby creating additional conflict points and opportunities for accidents; and WHEREAS, in order to better achieve the purposes of subdivision regulation and *to eliminate the potential for circumvention of those purposes, it is desired to amend the Subdivision Ordinance to increase the minimum design and construction standards for private streets serving two lots to the standards that currently apply to private streets serving three to five lots, and to require that all lots created from the subdivision of an existing parcel share the same entrance to an existing public or private street. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Albemarle County Code §§ 14-404, 14-412, 14-434 and any other regulations of the Subdivision Ordinance deemed appropriate to achieve the purposes. described herein. , BE IT FURTHER RESOLVED THAT the Planning Commission'shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on February 6 08. Cie -r ', oard of County Supervisors Ave Nay Mr. Boyd Y Mr. Dorrier Y Ms. Mallek Y Mr. Rooker Y Mr. Slutzky Y Ms. Thomas Y Attachment B U `IRGLN�P County of Albemarle Department of Community Development Memorandum To: Members, Board of Supervisors From: Amelia McCulley, Zoning Administrator Date: December 13, 2007 Subject: Rural Area Subdivisions At a recent meeting, the Board asked staff to provide information about current Ordinance provisions that allow property to be subdivided without road standards and/or with minimal frontage requirements. These subdivisions are typically approved administratively. As a result of this information, the Board may wish to have a future work session to discuss these provisions and related policy issues. The current Ordinances (Zoning and Subdivision) allow the following to occur: 1. Subdivisions can be platted in several steps (two or more separately approved and recorded plats) to avoid the requirement of building a road which would be required to meet public road standards or be approved with a private road waiver. Each of these separate subdivision plats qualifies for administrative approval (if there are no required waivers), require no notice to the neighbors, and no Planning Commission approval. This type of development creates more individual entrances onto the public roads, therefore additional conflict points and opportunities for accidents. In addition, it results in more two -lot shared driveways which have no road construction requirements. Some of these driveways may not provide adequate access for emergency vehicles, thereby detrimentally impacting the provision of police, fire and rescue services to those residents. a. What commonly occurs in the first step is an administrative Rural Division creating a lot which meets minimal public road frontage (250 feet) and acreage (5 acres or more). (See Attachment page 1) This step can create one or several new lots (shown as Parcels A and B). b. The next step is a subdivision plat that establishes a shared driveway to serve two lots (Al and A2, B1 and B2), creating one new lot from each of the Rural Division lots created in the first step. These lots are either divided side-by-side or front -and -back (see #2 for discussion of the latter). The Subdivision Ordinance does not have a specific construction standard for a shared driveway. It only requires a "travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions." Confirmation that this road standard is met is typically provided by a note on the plat. Memo to the Board Rural Area Subdivisions December 13, 2007 Page 2 2. Zoning Ordinance Section 4.6.1 (b)(2) facilitates a front -and -back subdivision layout by reducing the road frontage required for a lot at the end of an access easement. It allows a lot (parcel A on page 2 of Attachment A) to reduce its frontage requirement from 150 feet to the width of the access easement. This provision allows the subdivision of property which has limited existing public road frontage. If Section 4.6.1(b)(2) were eliminated, however, staff is concerned that it could result in some extended and perhaps unnecessary roads (to provide the 150 feet of frontage to the back parcel A) without an improved result. Subdivisions utilizing Section 4.6.1(b)(2) can result in an undesirable pattern of development with a house (on the lot at the end of the easement) almost immediately behind another house (on the front lot). Unless it is planned otherwise, the house in the rear lot may face directly into the back of the house on the front lot. Two Subdivision Ordinance Amendments that could eliminate the Rural Division tactic to avoid road standards and address staff concerns regarding eliminating the Section 4.6.1(b)(2) road frontage reduction are: 1. Require all lots created from an existing parcel to share the same entrance and therefore the same road. This will minimize the number of entrances on existing public roads, thereby reducing conflict points. This will better meet planning and transportation goals. It will also preclude the multi -step subdivision resulting in lots on separate shared driveways without a road standard requirement described in #1. 2. Establish / increase a road standard for a (shared driveway) private street serving two lots. The existing minimum road standard for 3-5 lots could be expanded to include 2-5 lots. This change;could arguably improve emergency access by establishing a road construction standard. If this increased standard is not approved, repealing the Section 4.6.1(b)(2) frontage provision may not reduce the number of subdivisions creating two lots on a driveway without an applicable road standard. Either or both of these potential Subdivision Ordinance amendments can be further discussed with the Board. Alternatively, the Board could pass a resolution of intent to amend the Subdivision Ordinance and staff can proceed with these amendments. There are impacts on the process, applicants and staff that would need to be considered as with any Ordinance amendment. ATTACHMENTS A — Rural Area Subdivision Illustrations 9'7A-4, SrrN Rural Administrative Divisions Memo to Board December 17, 2007 Page 1 of 2 A subdivision plat is submitted creating two lots. This plat is approved administratively as a Rural Division. Parcel A Parcel B Public Street After approval of the above plat, Parcels A and B are divided into two lots served by a private street. These plats are submitted separately and are approved administratively. Parcel Al Private Street Parcel A2 Parcel Bl Parcel B2 Public Street I I Public Street Rural Administrative Divisions Memo to Board December 17, 2007 Page 2 of 2 Frontage at the end of a private street stage for Parcel A ate Street Parcel A above is considered to have the minimum required frontage based on section 18-4.6.1(b)2 which states "For a lot located at the end of an access easement, frontage shall not be less than the full width of such easement. For a lot served by a shared driveway or alley, frontage shall be provided along a public street or private road." If this provision were not included in the ordinance the subdivision would simply have to be redrawn as shown below. Parcel A Parcel B 150 foot extension of Private Street. Private Street Attachment C Draft: 08/11/08 ORDINANCE NO. 08-14( ) AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE IV, ON-SITE IMPROVEMENTS AND DESIGN, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14, Subdivision of Land, Article IV, On -Site Improvements and Design, is hereby amended and reordained as follows: By Amending: Sec. 14-404 Lot location to allow access from lot onto street or shared driveway Sec. 14-412 Standards for private streets only Sec. 14-434 Completion of on-site improvements required prior to plat approval Chapter 14. Subdivision of Land Article IV. On -Site Improvements and Design Sec. 14-404 Lot location to allow access from lot onto street or shared driveway. Each lot within a subdivision shall be located as follows: A. The first subdivision plat approved for a parcel on and after [insert effective date] (hereinafter, the"parent parcel") shall establish a single public or private street to provide access from an existing public or private street outside of or adjacent to the parent parcel to the lots within the subdivision. The street shall also provide such access for all future subdivisions within the boundaries of the parent parcel as it existed on (insert effective date]. The requirement of a single access street shall not apply to any subdivision whose streets and access are subject to section 14-409. AB. Each lot, other than a corner lot within the development areas, shall have reasonable access to the building site from only one street, shared driveway or alley established at the same time as the subdivision or the subdivision of the parent parcel as provided in subsection (A); provided that a lot may be located so that its driveway enters only onto a public street abutting the subdivision if. (i) the commission grants a waiver under subsection (C); (ii) the subdivider obtains an entrance permit from the Virginia Department of Transportation for the access; (iii) the entrance complies with the design standards set forth in sections 14-410(F) and 14- 410(G); and (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision. For purposes of this section, the term "reasonable access" means a location for a driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces required by the zoning ordinance to the building site; the term "within the subdivision" means within the exterior boundary lines of the lands being divided. if the the due ll eiiter �_ . __._ �.._, �..__.,�, �w_.. _ __ .A_ ___�_. _a �.� _ _. �_. �ti_ have __ _mea ..e ���e�� elite .� ,_. TYv61.� 9TfCEf C. The requirements of this section may be waived by the cornmission as provided in section 14- 225. 1, 4-225.1. In reviewing a waiver request, the commission shall determine whether: (i) the county engineer recommends an alternative standard; or (ii) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the subdivider, strict . application of the applicable requirements would result in significant degradation of the property or to the land adjacent thereto. In approving a waiver, the commission shall find that requiring the standard 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 Draft: 08/11/08 o'practices, and to the land adjacent thereto. In reviewing a waiver request, the commission may allow a .substitute design of comparable quality, but differing from that required, if it finds that the subdivider would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement. (§ 18-36 (part), 9-5-96, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-36, 18- 39; Ord. 98-A(1), 8-5-98, §§ 14-500(C), 14-505; Ord. 05-14(1), 4-20-05, effective 6-20-05) State law reference--Va. Code § 15.2-2241(5). Sec. 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 detached residential uses authorized under sections 14-232 or 14-233 shall satisfy the following: i So-eets servhig Ave lets. Eaeh pr-i;,,ate street serving PA,e (2) lets shall satisfy the fellowing.- (i) easement eF right of way widths shall be thirty (30) feet minimum; (ii) the required fflatetllials -And ffliniffluffl depth ef base shall satis6, the i i iirefflents deseribed in the design standar-ds manual; a (iii) the sun,eyer- shall inelude the felle i ler-ding �n the final plal:"The existing and/or- pfepesed right ef way is ef adequate width _An�d vei4ieal alignment to aeeefflmedate a travelway passable by erdinaf�, passenger- vehieles in all but tempefai=y ex4r-efAe weather- eenditiens, tegether with area adequa4e " 21. Streets serving e two to five lots. Each private street serving three (3) two 2 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 r-edueed te the standard streets serwin t�ve (2) letswhere a driveway depafts ffem the street and t�,ve lets remain te be sefved, and 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. (b) Private streets in the development areas. For such private streets in the development areas: (i) an urban cross-section street design shall be provided, with a minimum width of twenty (20) feet measured from the curb faces or such alternative design, including a street easement or right-of-way width, deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall be provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire street shall be surfaced as required by Virginia Department of Transportation standards. . 3.2. Streets serving six lots or more. Each private street serving six (6) or more lots shall satisfy Virginia Department of Transportation standards, provided: Draft: 08/11/08 (a) Private streets in the rural areas. For such private streets in the rural areas, the commission may approve Virginia Department of Transportation standards for mountainous terrain if the subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary interests of the subdivider, would be better served by the application of those standards. (b) Private streets in the development areas. For such private streets in the development areas, the agent may approve Virginia Department of Transportation standards for mountainous terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare. 43. Streets serving family ewe le subdivisions. Each private street authorized to serve a family subdivision under section 14-232(B)(1) ^r- a twe let subdivisi n uncle • seeti .., 14 232(B)(2) shall satisfy the following: (i) easement or right-of-way widths shall be ten (10) feet minimum; and (ii) the surveyor shall include the following wording on the plat: "The existing and/or proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 14-412 of the Albemarle County Code." B. Private streets serving non-residential, non-agricultural, attached residential, multi -unit residential and combined residential and non-residential uses. Each private street authorized to serve non- residential, non-agricultural, attached residential, multi -unit residential and combined residential and non- residential uses under sections 14-232 or 14-233 shall satisfy Virginia Department of Transportation standards or an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer, to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare. The agent may require minimum travelway widths to provide for on -street parking upon a determination that the provisions for off-street parking may be inadequate to reasonably preclude unauthorized on -street parking. C. Clearing land for improvements. A private street constructed to Virginia Department of Transportation standards shall not be subject to that department's clear zone requirements. 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) 14-412(A)(1)(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 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. (§ 18-36, 9-5-96, 8-28-74; § 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18-37, 18- 38; Ord. 98-A(1), 8-5-98, § 14-514; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-05) Draft: 08/11/08 State law reference--Va. Code § 15.2-2242(3). Sec. 14-434 Completion of on-site improvements required prior to plat approval. Except as provided in section 14-435, all on-site improvements required by this chapter, other- a than three (3 lets, shall be completed prior to approval of the final plat. Prior to approval of the final plat: A. The subdivider shall submit to the agent a certificate of completion of all of the improvements prepared by a professional engineer or a land surveyor, to the limits of his license; and B. The subdivider shall certify to the agent that all of the construction costs for the improvements, including those for materials and labor, have been paid to the person constructing the improvements. 9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-412; Ord. 05-14(1), 4-20-05, effective 6-20-05) State law reference--Va. Code § 15.2-2241(9). I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas RESOLUTION OF INTENT WHEREAS, zoning district regulations establish minimum frontage requirements for lots on public and private streets; and WHEREAS, Zoning Ordinance § 4.6.1(b)(2) provides an exception to the minimum frontage requirements established for the applicable zoning district by allowing the frontage of lots served by an access easement to be reduced to the width of the access easement; and WHEREAS, by allowing reduced frontage, Zoning Ordinance § 4.6.1(b)(2) facilitates front -and - back subdivision lot configurations and allows the subdivision of parcels that have very limited existing street frontage; and WHEREAS, front -and -back subdivisions whose back lot meets only the frontage requirements of Zoning Ordinance § 4.6.1(b)(2) result in an undesirable pattern of development; and WHEREAS, the elimination of the exception allowed by Zoning Ordinance § 4.6.1(b)(2) will not, in and of itself, eliminate front -and -back subdivision lot configurations because an access easement or right-of-way could be extended into the back lot to provide the full frontage otherwise required by the district regulations; the elimination of the exception will, however, be effective in conjunction with proposed amendments to the Subdivision Ordinance identified in a separate resolution of intent adopted this same date; and WHEREAS, in order to facilitate the creation of a convenient, attractive and harmonious community, it is desired to amend the Zoning Ordinance to delete the exception provided by Zoning Ordinance § 4.6.1(b)(2) when a lot is served by an access easement. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance § 4.6.1 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on A Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors