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Home My WebLink AboutSUB200800211 Legacy Document 2009-01-05 (2)AL vIRGINZ� ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB 2008 -211 Jefferson Staff: Gerald Gatobu, Senior Planner, Amy Ridge (Phase A) Pflaum, Senior Engineer Planning Commission Public Hearing: Board of Supervisors Hearing: October 21, 2008. Not Applicable Owners: Southern Pines Investment, LLC Applicant:: Southern Pines Investment, LLC c/o Tracy M Meade Acreage: 240.746 acres. Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 124 Parcel 5 By -right use: Rural Area Location: Jefferson Mill Road [Route #618] approximately 2.4 miles southwest of the intersection with Rollings Road [Route #620]. Magisterial District: Scottsville Proffers /Conditions: Not applicable Requested # of Dwelling Units /Lots: DA RA X Nineteen (19) Development lots and one (1) preservation tract. Comp. Plan Designation: Rural Area in Proposal: Request for preliminary plat Rural Area 4 approval to create a total of 20 lots (19 development lots and one (1) preservation tract) as a Rural Preservation Development. Character of Property: The site is mostly Use of Surrounding Properties: wooded with no buildings. Briery Creek enters Residential /Single Family Homes the property in the south. There is flood plain and water protection ordinance buffers along Briery Creek. Factors Favorable: Factors Unfavorable: Consistent with the criteria in Section 10.3.3 None identified. for granting approval of Rural Preservation Developments. RECOMMENDATION: Approval with conditions. STAFF PERSON: PLANNING COMMISSION: AGENDA TITLE PROPERTY OWNER APPLICANT Gerald Gatobu, Amy Pflaum October 21St, 2008 SUB 2008 -211: Jefferson Ridge Phase A Southern Pines Investment LLC Southern Pines Investment LLC PROPOSAL: Request for preliminary subdivision plat approval to create 20 lots (19 development lots and one (1) preservation tract) as a Rural Preservation Development on 240.746 acres. The property, described as Tax Map 124 Parcel 5 is located in the Scottsville Magisterial District on Jefferson Mill Road [Route #618] approximately 2.4 miles southwest of the intersection with Rollings Road [Route # 620]. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Area in Rural Area 4. CHARACTER OF AREA: The site is mostly wooded with no buildings. Briery Creek enters the property from the south. There is flood plain and water protection buffers along Briery Creek. Surrounding properties are rural residential single family homes. PLANNING AND ZONING HISTORY: A boundary line adjustment (SUB2006 -260) was approved on October 17th 2006. Woodridge Phase A (SUB 2006 -204), A rural preservation development, went before the planning commission in October 24th 2006 and was approved with conditions. A final subdivision plat was not submitted within a year, so preliminary subdivision plat approval expired. The most current change in planning and zoning history is the denial of (SUB 2007 -357) Woodridge phase A, B, and C, final subdivision plat. Staff determined that the submitted final plat did not satisfy preliminary site plan approval conditions, therefore, preliminary plat approval for phases A, B, and C expired. The submitted final plat (SUB 2007 -357) was invalid. A letter of determination and parcels, written by John Shepherd, dated February 15th 2005, provides detailed planning and zoning history with descriptions of acreage, division rights and ownership changes that have occurred on all parcels involved in the Jefferson Ridge Rural Preservation Development (Attachment Q. The property was previously owned by Riveroak Timberland Investments LP and has since been purchased by Southern Pines Investment LLC. REASON FOR PLANNING COMMISSION REVIEW: Approval of the 20 lot Rural Preservation Development application requires Planning Commission approval, in accordance with Section 10.3.3 of the Albemarle County Zoning Ordinance. STAFF COMMENT: The proposed rural preservation development is consistent with the criteria in Section 10.3.3 of the Albemarle County zoning ordinance for granting approval of a Rural Preservation Development. Staff recommends approval with conditions. REVIEW OF REQUEST FOR RURAL PRESERVATION DEVELOPMENT OPTION: Discussion — Rural Preservation Criteria: Section 10.3.3.2: Staff has included the provisions of Section 10.3.3.2 (in italics), along with Rural Areas Senior Planner Scott Clark's comment on the various provisions: The rural preservation development option is intended to encourage more effective land usage in terms of the goals and objectives for the rural areas as set forth in the comprehensive plan than can be achieved under conventional development. To this end, application for rural preservation development shall be reviewed for: a. Preservation of agricultural and forestal lands and activities; b. Water supply protection; and/or c. Conservation of natural, scenic or historic resources. More specifically, in accordance with design standards of the comprehensive plan and where deemed reasonably practical by the commission: d. Development lots shall not encroach into prime, important or unique agricultural or forestall soils as the same shall be shown on the most recent published maps of the United States Department of Agricultural Soil Conservation Service or other source deemed of equivalent reliability by the Soil Conservation Service; High - quality agricultural soils are found throughout these parcels; it is impossible for a development on this property to avoid encroaching on them. However, the proposed preservation tracts would protect significant areas of those soils. They would also help to protect soils important for growth of sycamore and black walnut on the streams where hardwood buffers were left after previous timbering and conversion of the land to pine plantations. Please see comments below under (e) that would improve conservation of these soils. e. Development lots shall not encroach into areas of critical slope or flood plain and shall be situated as far as possible from public drinking water supply tributaries and public drinking water supply impoundments; The preservation tracts protect most of the important critical slopes on this land. All of the floodplain would be included in the preservation tracts. No drinking -water impoundments lie downstream. f. Development lots shall be so situated and arranged as to preserve historic and scenic settings deemed to be of importance to the general public and natural resource areas whether such features are on the parcel to be developed or adjacent to such parcel; Our mapping of historic sites does not show historic resources in this area. g. Development lots shall be confined to one area of the parcel and shall be situated so that no portion of the rural preservation tract shall intrude between any development lots; The proposal meets this standard. h. All development lots shall have access restricted to an internal street in accordance with Chapter 14 of the Code of Albemarle; The proposal meets this standard. i. Nothing stated herein shall be deemed to obligate the commission to approve a rural preservation development upon finding in a particular case that such proposal does not forward the purposes of rural preservation development as set forth herein above and that the public purpose to be served would be equally or better served by conventional development. The proposed Rural Preservation Development would be more effective at protecting resources on this site than would a conventional development. Section 10.3.3.3: In addition to the requirements of Section 10.3.3.2, Special Provisions listed in Section 10.3.3.3 also apply to all Rural Preservation Development proposals. Current Development Planning and Zoning staff including the Site Review Committee have reviewed the criteria listed therein, and have concluded that this development proposal meets all Special Provision requirements. Additionally, staff has also reviewed a proposed conventional development on the same property and has found that the proposed Rural Preservation Development would be more effective at protecting resources on this site than would a conventional development. RECOMMENDATION: There are no changes to the previously approved subdivision plat for phase A. Staff has reviewed the proposed rural preservation development and taken into consideration the criteria required for granting approval of rural preservation developments found in Section 10.3.3 of the Albemarle County Zoning Ordinance. The proposed Jefferson Ridge Phase A rural preservation development plat is consistent with the criteria found in Section 10.3.3. Staff recommends approval with conditions. Factors favorable to approval: This proposal addresses all the concerns /criteria in Sections 10.3.3.2 and 10.3.3.3 of the Zoning Ordinance, which pertain to the design standards for Rural Preservation Development proposals. The proposed Rural Preservation Development would be more effective at protecting resources on this site than would a conventional development. There are no changes to the previously approved subdivision plat for phase A. Staff finds that this request, Jefferson Ridge Phase A rural preservation development subdivision plat, is consistent with the criteria found in Section 10.3.3 for granting approval of Rural Preservation Developments. Staff recommends planning commission approval. If the planning commission approves the request, conditions recommended are listed below CONDITIONS RECOMMENDED: 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 Department of Planning and Community Development; 2. All State and Federal permits are required prior to final approval including but not limited to, Army Corps of Engineers approval for impounding State Waters. 3. Mitigation plans will be required for the stream buffer disturbances prior to final approval. 4. VDOT approval for proposed State maintenance is required. 5. Prior to final plat submittal, address all minimum requirements from the Design Standards Manual and Water Protection Ordinance. 6. Road name approval by E -911 review for all proposed roads. 7. VDOT approval for all public roads and entrances. Submittal of Road and drainage plans including drainage calculations. Improvements to the intersections / connections to Route 618. Subdivision plans need to be designed in accordance with VDOT's current Subdivision Street Requirements and the Road Design Manual. All commercial entrances and street connections must meet the minimum requirements as described in the Minimum Standards of Entrances to State Highways. 8. Submission of a final Tier III Groundwater Assessment prior to final subdivision plat approval for phase A. 9. Health Department approval for drainfields. 10. Public Recreational Facilities Authority acceptance of easement for preservation lot. 11. Ensure bridges and stream crossings are designed to carry the load of fire apparatus (Virginia Statewide Fire Prevention Code 503.2.6). 12. Stream buffers must be shown correctly before final subdivision plat approval can be granted. 13. Provide confirmation that coordination has taken place with VEPCO and AEPC for grading, construction, and improvements proposed within their easements. Attachments: A - Aerial Map B - Preliminary Subdivision Plat C - Letter of Determination and Parcels D - October 24th 2006 Planning Commission Approval Letter for Woodridge Phases A, B, and C E - Minutes from October 20 2006 Planning Commission meeting for Woodridge Phases A, B, and C (SUB 2006 - 204,205, and 206)