HomeMy WebLinkAboutSUB200800183 Legacy Document 2009-01-27�'IRGINIP
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2008 -183 Belle Vista-
Staff: Megan Yaniglos- Senior Planner, Amy
Preliminary Subdivision Plat
Pflaum- Senior Civil Engineer
Planning Commission Public Hearing:
Board of Supervisors Hearing:
February 3, 2009
Not applicable
Owners: Belle Vista LLC
Applicant: Tom Gale
Acreage: 76.518
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 69 Parcels 50C and 50C1
By -right use: RA, Rural Areas
Location: Critzers Shop Road [Route 151 ]
approximately 0.25 miles southeast of the
intersection with Rockfish Gap Turnpike [Route 2501.
Magisterial District: Whitehall
Proffers /Conditions: yes
Requested # of Dwelling Lots: 2
DA — RA — X
Proposal:. Request for preliminary subdivision plat
Comp. Plan Designation: Rural Areas in
approval to create 2 lots on 76.518 acres;
Rural Area 3
associated with this request is a request for a waiver
to allow access to these and one existing lot via a
private street.
Character of Property: This lot is mainly forestal
Use of Surrounding Properties: Single
with some agricultural areas. Portions are located in
Family Residential, Agricultural
the Mountain Overlay District.
Factors Favorable:
Factors Unfavorable:
1. The owner is willing to forfeit two
None idenitified
development rights for the approval of the
private street, which could be viewed as
better serving the general welfare.
RECOMMENDATION: Staff recommends approval with conditions.
STAFF PERSON: Megan Yaniglos- Senior Planner, Amy Pflaum- Senior Civil Engineer
PLANNING COMMISSION: September 23, 2008
AGENDA TITLE: SUB2008 -183 Belle Vista- Preliminary Subdivision Plat
APPLICANT: Tom Gale- Roudabush & Gale
PROPERTY OWNER(S): Belle Vista LLC
APPLICANT'S PROPOSAL:
Request for preliminary subdivision plat approval to create 2 lots on 76.518 acres [Attachments A, B
and C]; associated with this request is a request for a waiver to allow access to these lots and one
additional existing lot via a private street.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 3.
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 D].
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.
PLANNING AND ZONING HISTORY:
SUB2007 -228- Two -lot subdivision- Approved 11/27/2007
SUB2004 -077- Request for approval of a five lot subdivision with a private street- Denied 11/16/2004.
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 [Attachment E] as required by
Chapter 14, Section 234 (Procedure to authorize private streets and related matters) and Section 412
(Standards for private streets only) of the County Code.
ANALYSIS OF SECTION 14- 232(A)(1) To alleviate significant degradation to the environment.
The applicant has not submitted the necessary information to make this analysis.
ANALYSIS OF SECTION 14- 232(A)(2) The lots will be used for non - residential or non-
agricultural purposes.
The proposed lots are for residential purposes.
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.
The applicant has addressed the reasons for approval of the private road using General Welfare as
justification [Attachment D]. A summary of the justification that the applicant states to address general
welfare is: the existing private road meets County standards for 3 -5 lots; a public road would require the
widening and regarding of the should and ditch; the proposed turn- around will only be adjacent to two
lots instead of three lots that are required by VDOT for state road acceptance; the owner is willing to
forfeit two development rights with the approval of the private street.
Staff agrees that the creation of a public street would require extensive grading and disturbance to the
existing driveway than the construction of a private street, however Staff does not agree that this
qualifies as justification under general welfare.
There have been two subdivisions with private street requests in the past that have been approved where
development rights were waived. Forfeiting development rights, and therefore reducing development in
the rural area, does serve the general welfare.
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 traf1c volume which may be reasonably expected to
be generated by the subdivision.
The request for a private street submitted according to Subdivision Ordinance section 14 -232 has
been reviewed. The proposed street is an upgrade to an existing driveway [Attachment C] currently
serving the parcel. The private street would be required to meet the standard for private streets
serving three to five lots (14- 412A2). A standard turnaround is proposed at the point where one
driveway exits the street, and the street may be reduced to the two -lot standard.
The proposed subdivision creates three residential lots. The projected traffic expected from three lots
is 30 vehicle trips per day. The proposed private street is adequate to carry this traffic volume.
Z 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. If this request is approved, a road maintenance agreement will be required for approval
prior to final plat recordation.
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.
Not applicable.
SUMMARY AND RECOMMENDATION:
Staff review has resulted in the following findings:
Favorable factors:
1. The owner is willing to forfeit two development rights for the approval of the private street,
which could be viewed as better serving the general welfare.
Unfavorable factors: none identified
Staff has found that the request, based on Section 14 -232, is consistent with the requirements for general
welfare, and therefore, staff is able to recommend approval to the Commission. 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. 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.
4. A maintenance agreement must be submitted and approved by the County Attorney, as specified
in Section 14 -317 of the Subdivision Ordinance.
ATTACHMENTS:
A. Site Plan
B. Location/Detail Maps
C. Existing Site Photographs
D. Applicant Justification
E. Engineering Memo
4
SITE DATA
OWNER:
BELLE V18TA LLC
8899 CRITZEBB SHOP ROAD
AFTON, VIRGINIA 22920
LEGAL DESCRIPTION:
TAX MAP 89, PARCEL BOC & 80C1
SOURCE OF TITLE:
D.B. 2834 P. 241,244 -24B (plat)
D.B. 3828 P. 183,183- 184(plat)
D.H. 1849 p. 178
MAGISTERIAL DISTRICT:
WHITE HALL
ZONING:
RA
SOURCE OF BOUNDARY SURVEY: ROUDABOBH, GALE AND ASSOCIATES, INC.
SOURCE OF TOPOGRAPHY: LOUISA AEBTAT• SURVEYS/ ROUDABGSH, GALE AND ASSOCIATES, INC.. IN JULY 2008
SETBACK REQUDIELMTS: FRONT • 28', 78' FROM B.R. 8 R \W
(zoning) BIDE - 28'
BEAR - 38'
TBIB SITE LIES IN THE STOCKTON CREEK WATERHHEED.
A PORTION OF THIS SITE LIES IN THE MODTAIN OVERLAY DISTRICT
GENERAL NOTES
SURVEY NOTE
A bounder.l Survey of this proparty was
lone by this office m Febvary 202)4.
Further field work was done to create
Lots 2A and 25 In February 2005.
GENERAL NOTE-5
U Development Right Note:
The owner will retaln one development right for
Lot 25 with the understanding that Lot 26 cannot be
Further divided. The owner agrees to Forfeit two
remaining development rights and hnpose the above
restrictions upon recording of the final plat.
2) Lots 2A and 25 each have 30,000 s.f. of contiguous
areas slopes less than 25% and comply with Section
4.2.1 of the zoning ordinance.
3) The developer reserves a 20' dra(nor easement
glonq all drainage ways ossoUotted with Ehe private
road for the purpose of properly maintaining the private
road.
4) The stream buffer shown hereon shall be managed
In accordance with the Albemarle County Water
Protection Ordinance.
5) Under current count4 policy, public water and /or
sewer service will not avai cable to this property.
b) This Property lies In the South Fork Rlvonna Water
Protection area.
-1) A portion of this site Iles in the Mountain Overlay
District.
8) Parcel 50(, Iles In Flood Zone X, areas to be
determined to be outside the 0.2% annual
chance Flood plain, as shout on FIRM Map
Number 51003G0225D, Effective Date
February 042005
Q) The streets In this subdivision may not meet the
standards for acceptance Into secondary system of
state highways and wlll not be maintained bu the
Girrggiiela epartment of Transportation or Ibemarie
y
IU The existlrwl and/or proposed rlylt -of- cly is of
adequate width and horizontal and vertical o qrrt�nt
Id accommodate a travel way passable by or, Inar'y
passenger vehicles In all but temporary extreme we
coedit, together wlth area adequate For malatenance
of the travel way, as required by section 14 -412 of the
Albemarle County Code.
12) Subject property not located within a agricultural -
forestal district.
131 The land use regulations listed on this plat are Imposed
pursuant to the Albemarle County zoning and water
protectlons ordinances In effect on this date and are not
restrictive covenants rumhg with the land and their
appearance on this plat is not Intended to Impose them
as such unless specifically noted as such.
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BELLE VISTA
PRELIMINARY SUBDIVISION PLAT SHOWING
LOT 2A AND 2B
A DIVISION OF LOT 2
SHOWN ON A PLAT AT DB 3525, p 163
WHITE HALL MAGISTERIAL DISTRICT
ALBEi ]II[_A R T E COUNTY, VIRGINIA
SHEET INDEX
SHEET INDEM
1.) COVER SHEW & NOTES
2.) PREIMLINARY SUBDfVION PLAT
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AUG. 28,2008
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ROAD WIDTH — 18'
ALBEMARLE COUNTY ENGINEERING
GENERAL CONSTRUCTION NOTES FOR PRIVATE ROADS
1. Prior to any construction within any existing public rgrt- or -way.
incluOlnp cpnnecti.. to any exist ln8 roao. a permit shall be Ottaired
from the Virq lnia Depart mnt pl Tr ansrtetion (VOD1) V. plan
drawn my not accurately reflect the requirements of the permit. where
any discrepancies occur the requirmments of the permit er all govern.
2. Construction r0 Ctlon f all proposed roads within the ev I.paenl
will be made by tno County. The contractor lust nptrfyy the Department
of Engineer (296 -hfial) 48 hours in advance of the start of construction.
3. A13 materials and construction metnode hall conform to current
sppecifications and standards 0f VDOT X11 a ca ation for nergruund
pApee Installation pmmustf B26T ly with OSHA Standards for the Construction
4. Erosion and Siltatioh control -.sores shall be provided In eccurdence
with the Ppr1drd rd.lpn COnff al plan ens moat be installed prior to
any t1.arl.g. grading or other oonstruction.
5. Upon completion of fine grading and preparation of the -Dea subgraae,
the c0 trac tar shall have CBR tests performed do the sub99red, a il.
Three (31 copies f the teat results shall be submitted tt the County
If a subgrade soil CBS of 10 o greater la not Obtainable, a revised
pavement dlsiyn Snell be made by the does gn engineer and submitted with
it'. teat results for approval.
6 Tne max Pmumanlloweb lebslopeels 2r1 (M1Or izontaily ort'call �edNh Eremul[hed.
reasonably Obtainable. lesser slopes of 4:1 or better are to be
achis vad.
7. Surface drainage and pipe tlischarge must b! retained 'thin nO pool'.
right -of -way o within s men is prior to cceptance by in. County. All
dra ins a putt all eesement.aere to he extended to a boundary line or e
naturap watercourse.
S. Guardrail locations or. pp... Amato Exact lengm, location and
epproDrfa[e end treatments will be field determined at the it.. 0t
cons true tfon Atldit—al quartlr,ll may be r qu ire0 et locat Sans no[
shown when. in the opinion of the Director of Engineer Sng, r the
Director's de.lgne.. It is tleamed necessary. 'men quwdr.iI i
required, it shall be installed four 141 feet offset from the etlge of
the pavement to the face of guardrail. and roaaway should., widths '.'hall
be fncr eased to me van 171 feet.
9. More urban c as sections are installed. all esidentlal driveway
entrances shall conform to VDOT CG -9(A, a .1 C1.
30. wh re rural Cress . Ctions are installed, all r sidentiil driveway
antra.... shall conform to VDOT standard PE -1. e
11. paved, rip -rap or st.bilizat— at lined ditch may y be leiretl to
11,61111, a drainage channel when, n the opinion 1 the Director pf
End Sneer in'. or the aA, ctdr's de6lgnee. It is deemed necessary.
12 A a r.le...o of of all Ins feat from the edge of pavemnL shall
be aaintaiHetl on all resident Sal aubdi of.ion streets.
13. Compliance with the minimum pavement width. ehoulaer width antl ditch
sett Ions, as .howm on the typical pavement 6ectlon detail. Shall be
strictly as to- Excepiton9 w111 not be a110wetl.
14. Upon completion of the roadway c ..trued,,, street n dyne s'. =_ll 5e
Instal ie0 by the pe ve Loper at all atr..t nlar6.. ti one a Signs and their
A .,allot ion shall conform to 'A1 D90 -la C'Un ty Street Nome Sign
Requirements'. foe d... Loper anal] be re.pons10 1. for maintenance of
sign, until roads have been accepted.
15. Road plan approval is subject to final Subdivision plat validation.
Snou10 the £foal plat for Cola Crtl jet[ expire ppr- r tO .ion ino an
recordation, then approval of tlhese plans aha]1 be null ono v id.
1S. Traffic control or other regulatory signs or barricades snail be
Installed by the developer when, i the opinion Of the Dir actor of
1, lneering, r the Director's designee, iney r aeemed n e airy �n
Order to or avI as safe and convenient acGa 6a. Ail signs or Bother
regulatory device. shell conform with I.. Viruinla w,nual for uniform
Traffic Control Devices.
DETAIL A
BRANCH TYPE TURNAROUi
(not to scale) 25-
min
i� E
M 50' min
m
25' radius V. mm
12.5' mm. for private &{roots
TYPICAL SECTION
1 " =10'
OR'lvEAN f9 SOUITIERN
sms rT ems
3' 7' 7•
f 51a%t
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1'1 4 ". 14:1 7`.1 � �tpciP99
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Ditch
REQUIRED IMPROVEMENTS TO EXISTING
ROAD BETWEEN STATIONS 0+12.70 AND 5 +93.88
1)The existing horizontal and vertical alignments
of Warm Blood Drive betweeen stations 0 +12.70 and
5 +93.83 meet Private Road Requirements.
2)The existing road cross section must comply with
the typical section shown. Be tween 0 +1`e .70
and 1 +50, and 3 +00 and 4 +50, the existing cross section
is adequate. Between stations 1+50 and 3 +00 and 4 +50
to 5 +93.83, where a ditch is along the southern side of
the road, the northern edge of the road must measure at
least 19' from the centerline of the southern ditch line.
Widening shall occur as needed t0 ensure this.
3)From station 1 +50 to 3 +00 sufficient grading shall
take place to remove the northern ditch and existing berm
to convert the northern side of the road to a fill section
wjth a 3' minimum shoulder width.
4) The radii at the existing driveway entrance (Sta. 5146)
shall be a minimum of 12.5' in order to comply with the
"Branch Type" turnaround detail in the the County's Design
Manual. (see Detail A)
5)Upon completion of the imppruvements detailed in Notes
2 -4, the entire road shall be subject to an inspection by
Albemarle County to ensure the County's Private Road
Standards are meet.
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REVISIONS
AUG. 28, 2008
OCT. 23, 2008
008
GATE
JUNE 20, 2008
SCALE
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FILE NUMBER
8164
SHEET
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Attachment E? w eery from Common atth of Virginia August B, 2008
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LAND SURVEYING
ENGINEERING
LAND PLANNING
ROUDABUSH, GALE & ASSOC., INC.
A PROFESSIONAL CORPORATION
914 MONTICELLO ROAD
CHARLOTTESVILLE, VIRGINIA 22902
PHONE (434) 2934251
(434) 977 -0205
FAX(434) 2965220
INFO @ROUDABUSH.COM
J. THOMAS GALE, L.S. WILLIAMS. ROUDABUSH, L.S_
MARILYNN R. GALE, L.S.
WILLIAM J. LEDBETTER, L.S
EDWARD D. CAMPBELL III, L.S.
July 14, 2008
RE: Authorization request to allow a private road in the subdivision of TMP 69 -50C into two
lots resulting in 3 lots from the original parent parcel formerly known as TNT 69 -50C.
Dear Members of the Planning Commission:
On behalf of the applicant, and in accordance with County Code Section 14- 232A3, I am hereby
requesting for the existing private road shown on attached Exhibit A from Point X to Point W to
be authorized as a private road for the purpose of subdividing existing Lot 2 (59 -50C) into Lots
2A and 2B as shown on attached Exhibit A, on the basis that the general welfare, as opposed to
the proprietary interest of the subdivider, would be better served by the existing private road
from Point X to Point Z. Specific reasons supporting this request are as follows:
1. The existing private road from Point X to Point W either meets or is very close to the
County's private road standards for 3 -5 lots. As a result, minimal or no additional road
work would need to be performed if the private road option is allowed. The required
cross section of a required state road would require widening and the regrading of the
shoulder and ditch sections to meet state standards. Also, despite the fact that the
existing road has a prime and seal coat, which is above the County's private road
standards, pursuing a state road would be disruptive enough to make it impractical to
.save the existing pavement structure, and thereby make it necessary to completely re-
pave the road from Point X to Point W.
2. It is VDOT's policy to only accept a road into the state system if it is serving three or
more residences. Because there would be only three lots involved in the entire
subdivision if Lot 2 is further divided into two lots, and because of the physical
constraints of the property which would not easily accommodate a turn- around location
beyond Point W, the proposed turn- around would only be adjacent to two lots instead of
the three lots required by VDOT to be considered for state road acceptance.
3. The owner is willing to not exercise his remaining three development rights to fiuther
subdivide his property if he is successful in dividing Lot 2 (TNT 69 -50C) into Lot 2A
and 2B. (He would retain one right with new Lot 2A with the understanding Lot 2A
could not be further divided and he would forfeit the remaining two rights.) He is
willing to assure the County of this in a way that is acceptable to the County attorney.
On behalf of the applicant, your consideration in granting a private road authorization from Point
X to. Point W on the attached exhibit is appreciated.
Sincerely,
JO-M
Tom Gale, L.S.
Attachment D
0
County of Albemarle
Department of Community Development
Memorandum
To: Megan Yaniglos, Senior Planner
From: Amy Pflaum, Engineer
Division: Current Development, Engineering Plan Review
Date: 10 September 2008
REV 1: January 8, 2009
Subject: SUB200800183, Belle Vista Subdivision, Warm Blood Road, private street request
The request for a private street submitted according to Subdivision Ordinance section 14 -232 has been
reviewed. The proposed street is an upgrade to an existing driveway currently serving the parcel. The
private street would be required to meet the standard for private streets serving three to five lots (14-
412A2). A standard turnaround is proposed at the point where one driveway exits the street, and the
street may be reduced to the two -lot standard.
The proposed subdivision creates three residential lots. The projected traffic expected from three lots is 30
vehicle trips per day. The proposed private street is adequate to carry this traffic volume.
The proposed design of the private street meets the following requirements of the ordinance for streets
serving three to five lots (14- 412A2): minimum K values for vertical curves (5 and 15), 100 -foot sight
distance, 30 -foot minimum easement width (50 foot is proposed), horizontal curve minimum 40 -foot
radius, and 14 -foot minimum travelway width.
A public street to serve this subdivision would need to meet the VDOT standards for a Rural Local Road
serving less than 400 vehicle trips per day. The requirements are as follows: minimum K values for
vertical curves (7 and 17), 125 -foot sight distance, 50 -foot minimum easement width, horizontal curve
minimum 108 -foot radius, and an 18 -foot travelway width. The street, as proposed, does not meet the
public road standard for K values and travelway width.
Constructing a public street to meet these requirements would require more earthwork and more
disturbance to the existing driveway bridge than the construction of a private street.
Engineering has no objection to the private street waiver request.
Attachment E