HomeMy WebLinkAboutSUB200800240 Staff Report 2009-01-27�IRGINIP
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2008 -240- Little Yellow
Staff: Megan Yaniglos- Senior Planner, Amy
Mountain- Preliminary Subdivision Plat
Pflaum- Senior Civil Engineer
Planning Commission Public Hearing: February
Board of Supervisors Hearing:
3, 2009
Not applicable
Owners: Richard or Joan Bowen
Applicant: Rob Cummings, Kirk Hughes &
Associates
Acreage: 75.65
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 55 Parcels 40D and 44
By -right use: RA, Rural Areas
Location: Mint Springs Road [Route 684]
approximately 0.45 miles southeast of the
intersection with Railroad Ave. [Route 788].
Magisterial District: Whitehall
Proffers /Conditions: none
Requested # of Dwelling Lots: 2
DA — RA — X
Proposal: Request for final subdivision plat approval
Comp. Plan Designation: Rural Areas in
to create 2 lots on 75.65 acres; associated with this
Rural Area 3
request is a request for a waiver to allow access to
these lots and two existing lots via a private street.
Character of Property: This lot is mainly forestal
Use of Surrounding Properties: Single
with portions located in the Mountain Overlay
Family Residential, Agricultural, Mint Springs
District. There are also a significant amount of
Park
critical slopes on the property.
Factors Favorable:
Factors Unfavorable:
1. A public street would require significant
1. The private street would cross a
upgrades and grading into Powell Creek's
bridge over Powell's Creek that would
associated stream buffers, and therefore a
be reasonably prohibitive to maintain.
private road would alleviate a clearly
demonstrable danger of significant
degradation to the environment.
2. A private street does not permit more
development than a public street in Rural
Area.
RECOMMENDATION:
1. Section 14 -234 (B)- Staff recommends denial.
STAFF PERSON: Megan Yaniglos- Senior Planner, Amy Pflaum- Senior Civil Engineer
PLANNING COMMISSION: February 3, 2009
AGENDA TITLE: SUB2008 -240- Little Yellow Mountain- Preliminary Subdivision Plat
APPLICANT: Rob Cummings, Kirk Hughes & Associates
PROPERTY OWNER(S): Richard or Joan Bowen
APPLICANT'S PROPOSAL:
Request for preliminary subdivision plat approval to create 2 lots on 75.65 acres [Attachment A];
associated with this request is a request for a waiver to allow access to these lots, as well as two existing
lots, 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 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.
PLANNING AND ZONING HISTORY:
SUB2006 -250- A boundary line adjustment to the parcel was approved on 10 -26 -2006.
SUB2007 -318- A boundary line adjustment to the parcel was approved on 12 -19 -2007.
SUB2008 -057- A boundary line adjustment to the parcel was approved on 3 -31 -2008.
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) and Section 412 (Standards for private
streets only) of the County Code [Attachment E].
ANALYSIS OF SECTION 14- 232(A)(1) To alleviate significant degradation to the environment.
The applicant has addressed the reasons for approval of the private road using environmental
degradation as justification [Attachment C]. (ordinance language presented in bold italics followed by
staff comment):
One or more private streets may be authorized if.
(i) the property is within either the rural areas (RA) or village residential (VR) zoning districts;
The property is zoned RA rural areas.
(ii) the private streets will alleviate a clearly demonstrable likelihood of significant degradation to the
environment of the property or any land adjacent thereto resulting from the construction of a public
street in the same alignment, the term "significant degradation " means either:
(a) The total volume of gradingfor construction of a public street would be thirty (30)
percent or more than that of a private street in the same alignment, based upon
profiles, typical sections, earthwork computations, and other information deemed
necessary by the county engineer, submitted by the subdivider and reviewed by the
county engineer, or
(b) Environmental impacts including, but not limited to, erosion and sedimentation,
stormwater runoff, surface water pollution, loss of tree cover and/or the loss of
indigenous vegetation resulting form a public street, which would be substantially
greater than that of a private street in the same alignment, based upon evidence
submitted by the subdivider and reviewed by the county engineer and other qualified
staff.
The applicant has provided sections, and earthwork computations for review from engineering staff.
Engineering has found that the information provided shows that the total volume of grading for the
construction of a public street would be 300% than that of a private street in the same alignment. Also,
constructing a public street to meet the requirements would require significantly more earthwork and
more disturbance to critical slopes and to the Powell's Creek stream buffer than the construction of a
private street. Therefore, the proposed private street will alleviate a clearly demonstrable likelihood of
significant degradation to the environment resulting from the construction of a public street in the same
alignment.
(iii) no alternative public street alignment is available which would alleviate significant degradation
of the environment;
Engineering staff does not see an alternative public road alignment that could decrease the anticipated
earthwork and disturbance to critical slopes.
(iv) no more lots are proposed on the private streets than could be created on a public street due to
right -of -way dedication; and
No more lots are proposed than could be created on a public street due to right -of -way dedication, as the
owner owns all parcels that would require dedication.
(v) the proposed private streets demonstrably promote sensitivity toward the natural characteristics of
the land and encourages the subdivision of land in a manner that is consistent and harmonious with
surrounding development.
The proposed private street does not require more earthwork or disturbance of critical slopes than a
public street. By providing a private street instead of a public street, Powell's Creek and its associated
buffers will remain the same. Therefore, the private street promotes sensitivity toward the natural
characteristics of the land and encourages the subdivision of land in a manner that is consistent and
harmonious with surrounding development.
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 not submitted the necessary information to make this analysis.
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 proposed subdivision creates two residential lots, and the private street will serve the
proposed lots, as well as two additional existing lots. A standard turnaround is proposed at the point
where two driveways exit the street, and the street may be reduced to the two -lot standard. The
projected traffic expected from four lots is 40 vehicle trips per day. Staff believes that 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.
However, the private street does cross over Powell Creek and uses an existing bridge in order to access
the lots. In section 14 -234 (B) it states that in considering a request for approval of one or more private
streets, the agent and the commission shall consider that absent compelling circumstances, private
streets should not cross over dams or bridges or involve other infrastructure that would be reasonably
prohibitive to maintain. The use of the existing bridge would require less impact on Powell's Creek,
however if a public street is required, the access to the lots would not put the burden of maintaining a
bridge on the owner's. It is staff's opinion that the subdivision is not a compelling circumstance for the
approval of this private street using the existing bridge.
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.
S. 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:
Staff review has resulted in both favorable and unfavorable findings:
Favorable factors:
1. A public street would require significant upgrades and grading into Powell Creek's associated
stream buffers, and therefore a private road would alleviate a clearly demonstrable danger of
significant degradation to the environment.
2. A private street does not permit more development than a public street in Rural Area.
Unfavorable factors:
1. The private street would cross a bridge over Powell's Creek that would be reasonably prohibitive
to maintain.
Staff review has found mix findings. Staff would recommend approval based upon the private street
meeting the requirements of Section 14 -232 (A)(1), and alleviating significant degradation to the
environment. However, because Section 14 -234 (B) also requires staff to take into consideration bridge
crossings, staff is unable to make an overall positive finding, and therefore recommends denial.
If the Planning Commission recommends approval of this request, Staff recommends the following
conditions:
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. Applicant Justification
D. Existing Site Photographs
E. Engineering Analysis
NOTES:
1.) THE PROPERTY LIES WITHIN THE COUNTY OF ALBEMARLE RA ZONE. THE
LAND USE REGULATIONS USTED HEREIN ARE IMPOSED PURSUANT TO THE
ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT ON THIS DATE AND ARE
SHOWN FOR INFORMATIONAL PURPOSES ONLY. THEY ARE NOT RESTRICTIVE
COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS
PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH.
2.) BUILDING SETBACKS: FRONT 75 FEET FROM PUBLIC STREETS AND 25
FEET FROM THE THIRTY (30) FOOT AND THE FIFTY (50) FOOT JOINT
ACCESS EASEMENTS, SIDE 25 FEET, AND REAR 35 FEET.
3.) TAX MAP 55, PARCEL 44 AND 44A SHOWN HEREON CONTAIN A
BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE
COUNTY ZONING ORDINANCE.
4.) THE PROPERTY SHOWN HEREON LIES WITHIN FLOOD ZONE "X ", NOT A
H.U.D. DEFINED 100 YEAR ROOD PLAIN EXCEPT THAT PORTION SHOWN IN
FLOOD ZONE "A" AS DEPICTED AND TRACED FROM FLOOD INSURANCE RATE
MAP, COMMUNITY PANEL 51003CO228D, DATED FEBRUARY 4, 2005.
5.) NO DEVELOPMENT RIGHTS ARE BEING ADDED WITH PARCEL "X ".
6.) TAX MAP 55. PARCEL 40D HAS TWO (2) DEVELOPMENT RIGHTS AND
MAY BE FURTHER DIVIDED.
7.) TAX MAP 55. PARCEL 44 IS ASSIGNED THREE (3) DEVELOPMENT RIGHTS
AND MAY BE FURTHER DIVIDED.
8.) TAX MAP 55, PARCEL 4M IS ASSIGNED FIVE (5) DEVELOPMENT RIGHTS
AND MAY BE FURTHER DIVIDED.
9.) UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND /OR SEWER
SERVICE WILL NOT BE AVAILABLE TO THIS PROPERTY.
10.) THE LAND SHOWN HEREON LIES WITHIN THE SOUTH FORK RIVANNA
WATER SUPPLY WATERSHED.
11.) THE LAND SHOWN HEREON DOES NOT UE WITHIN AN AGRICULTURAL
FORESTALL DISTRICT.
12.) THE STREAM BUFFERS SHALL BE MANAGED IN ACCORDANCE WITH THE
WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY.
13.) THE STREETS IN THIS SUBDIVISION MAY NOT MEET THE STANDARDS
FOR ACCEPTANCE INTO THE SECONDARY SYSTEM OR STATE HIGHWAY AND
WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION
OR THE COUNTY OF ALBEMARLE.
14.) ALL SUSEOUENT DIVISIONS OF THE RESIDUE SHALL USE THE POINT OF
ACCESS OR ENTRANCE FROM THE STREET SHWON HEREON.
AREA SUMMARY:
TAX MAP 55, PARCEL 4OD
7.3574 ACRES (PLAT)
+16.5945 ACRES (PARCEL "X ")
23.9519 ACRES TMP 55 -40D (REV.)
TAX MAP 55, PARCEL 44
68.2888 ACRES (PLAT)
- 16.5945 ACRES (PARCEL "X'
- 27.0283 ACRES (PARCEL "A ")
24.6660 ACRES TMP 55 -44 (REV.)
PROPERTY OWNER DATA
TMP 55 -44
TMP 55 -40D
RICHARD HICKSON BOWEN TRUST
RICHARD H. AND
D.B. 3537. PG. 339 (PLAT)
JOAN C. BOWEN
D.B. 3317, PG. 109 (PLAT)
D.B. 3537, PG. 339 (PLAT)
D.B. 2881, PG. 583
D.B. 3317, PG. 114 (PLAT)
D.B. 2823. PG. 334 (PLAT)
D.B. 3208, PG. 639
CURVE TABLE
NO.
DELTA
ADIUS
ARC
TANGENT
CH. BEARING
CHORD
Cl
19'39'17
172.36'
87.04'
S 53'50'44" E
171.52'
C2
02'24'1
PLAT rl�
81.40'
40.70'
S 46'05'33" E
61.39'
C3
05'18'5
I � O
v
180.00'
90.06'
5 49'57'10" E
179.93'
C4
07'46'0
39.26'
19.63'
S 51.43'37" E
39.26'
BEARING
S 71.24
LINE TABLE
I L24 IS 6832'24" E 194.73' 1
LEGEND:
= = SLOPES 25% OR GREATER
VICINITY MAP
SCALE: 1" = 2000'
0
z
x v
0 O z Z
z v
TMP 55 -27 0 �'3-
N/F JAMES S. WALTON ! 2j2
DB 1113 -427, 429 `y 209 `?• L1
PLAT 9Ii F
TMP 55 -227A
N/F LORENA MCCOY
HUTCHINSON, LIFE
ESTATE
TYPICAL PRIVATE STREET SECTION /N 5,2202 DB 2215 -360, 362A
PLAT
50' f 3658
7
EXISTING PRIVATE ACCESS EASEMENT/ 7y
RUHR POCKET LANE
PRIMED DOUBLE SEALED
6" AGGREGATE BASE /
25'�
E GawE
E%_ 6• S
N
`S
` 2
TMP 55 -29C
N/F THOMAS GAAR
3 �7 27 3 T4 BRADLEY
DB 3072 -343
DRAINFIELD
PARCEL "A"
27.0283 ACRES
N
Z 2�
V
N
0 0
WE
tK
� 7!
A N i
290.10'
`13 S 66'36'38" W 11
1d '\ TMP 55 -4181
\" N/F GARY D. &
.1 SANDRA V. CONLEY
DB 1639 -462, 467
1 PLAT
TMP 55 -41C
N/F GEORGE &
VALERIA A.
SALIVONCHIK
\1 DB 1014 -599
V
2
� O •� F \A' '
STATE ROUTE 684
(DB 825 -192, DB 663 -345 &
_ < HIGHWAY PLAT BOOK IX -252)
FLOOD zonE' MINT SPRINGS ROAD
,7P PLAIN _o -_``. �„�\ /37'•.
0
P ___________ STREAM_B_UFFE(7
PARCEL "X'
(15.6426 ACRES)
^ ^� N (TO BE ADDED TO TMP 55 40D)
LT \\ �� RUHR POCKET
oro� 200 pp4 W ^3° / - \ :. LANE
p (PRIVATE)
cV N 79•37,1p, TMP 55-40D" (SEE DETAIL)
20 4V yp 7 (7.3574 ACRES) •� `
0.00' 4.1
N
O
N ZD c� . / ( 50' PRIVATE,'.. o
2 W No A
SID EN�E CCESS AND,
pN \a0_ D, UTIL EASEMENT,
/�/ \ \a �O N ._ D.B. b .303 (dkAl
N � 2 . \' O '. . /� n
Alk\
2 ;40 2323n RESIDENCZ \\
% V
4I TMP 55 -44
�'
RICHARD (68 KSONACRES) TRUST <iNFJ N S 82.47 3, W ro
0 o v 169.69
RD O l TMP 55 40
�'� ^�° TMP 55-44 REVISED LAN �; \ I N/F ROBERT LARUE
(REVISED) - V\'1 & BETH C. HODSON
25.6660 ACRES `�l O� � \\ \ ) DB 1232 -206
D.
.FIELD *v\_
1 30' JOINT ACCESS EASEMENT I 6) S 5B 2�0
AND UTILITY EASEMENT TMP 55 -40E
CENTERED ON EX. FARM ROAD d2a 60 �! RICHARD H. AND
JOAN C. BOWEN
- - -- e C 68 D.B. 3598, PG. 303 (PLAT)
D.B. 3537, PG. 339 (PLAT)
P OPOSED E1'\ -A® D.B. 3317, PG. 114 (PLAT)
SITE `IL d'� 0 4'( D.B. 3208, PG. 639
Nb 09
c5
\ TMP 55 -40F
\ N/F RICHARD HICKSON
BOWEN TRUST
DB 1856 -492
TMP 55 -41B
N/F DAVID J. &
FRANCIS S. VIA
08 763 -410
TMP 55 -41A
N/F JANET S.
SCHOLES
DS 772 -400 CENTERLINE 30' JOINT ACCESS AND UTILITY EASEMENT
(FROM POINTS (A TO n ALONG EXISTING FARM ROAD)
DELTA
00
„III
ARC ITANGENT
TMP 55 -28
N/F COUNTY OF
DISTANCE
NRpOE r^l
y
1 I I 1
ALBEMARLE
MINT SPRINGS PARK 66'
DB 300 -354, 355 cp
16.99'
32'08'32"
125.00'
70.12'
36.01'
PLAT rl�
69.21'
DRAINFIELD
I � O
v
47'29'22"
55.00'
45.59'
24.19'
S 80'27'18" W
44.29'
S 56'42'37" W
92.69'
06'19'10"
150.00'
16.54'
8.28'
\ PROPOSED
16.54'
PROPOSED PRIVATE
STREET
DETAIL
SCALE: 1 " = 50'
S 63'01'47" W
183.16'
i
\` LDG. SITE
DFWNFIELD
90.00'
66.93'
35.09'
S 41'43'36" W
65.39'
TMP 55 -27 0 �'3-
N/F JAMES S. WALTON ! 2j2
DB 1113 -427, 429 `y 209 `?• L1
PLAT 9Ii F
TMP 55 -227A
N/F LORENA MCCOY
HUTCHINSON, LIFE
ESTATE
TYPICAL PRIVATE STREET SECTION /N 5,2202 DB 2215 -360, 362A
PLAT
50' f 3658
7
EXISTING PRIVATE ACCESS EASEMENT/ 7y
RUHR POCKET LANE
PRIMED DOUBLE SEALED
6" AGGREGATE BASE /
25'�
E GawE
E%_ 6• S
N
`S
` 2
TMP 55 -29C
N/F THOMAS GAAR
3 �7 27 3 T4 BRADLEY
DB 3072 -343
DRAINFIELD
PARCEL "A"
27.0283 ACRES
N
Z 2�
V
N
0 0
WE
tK
� 7!
A N i
290.10'
`13 S 66'36'38" W 11
1d '\ TMP 55 -4181
\" N/F GARY D. &
.1 SANDRA V. CONLEY
DB 1639 -462, 467
1 PLAT
TMP 55 -41C
N/F GEORGE &
VALERIA A.
SALIVONCHIK
\1 DB 1014 -599
V
2
� O •� F \A' '
STATE ROUTE 684
(DB 825 -192, DB 663 -345 &
_ < HIGHWAY PLAT BOOK IX -252)
FLOOD zonE' MINT SPRINGS ROAD
,7P PLAIN _o -_``. �„�\ /37'•.
0
P ___________ STREAM_B_UFFE(7
PARCEL "X'
(15.6426 ACRES)
^ ^� N (TO BE ADDED TO TMP 55 40D)
LT \\ �� RUHR POCKET
oro� 200 pp4 W ^3° / - \ :. LANE
p (PRIVATE)
cV N 79•37,1p, TMP 55-40D" (SEE DETAIL)
20 4V yp 7 (7.3574 ACRES) •� `
0.00' 4.1
N
O
N ZD c� . / ( 50' PRIVATE,'.. o
2 W No A
SID EN�E CCESS AND,
pN \a0_ D, UTIL EASEMENT,
/�/ \ \a �O N ._ D.B. b .303 (dkAl
N � 2 . \' O '. . /� n
Alk\
2 ;40 2323n RESIDENCZ \\
% V
4I TMP 55 -44
�'
RICHARD (68 KSONACRES) TRUST <iNFJ N S 82.47 3, W ro
0 o v 169.69
RD O l TMP 55 40
�'� ^�° TMP 55-44 REVISED LAN �; \ I N/F ROBERT LARUE
(REVISED) - V\'1 & BETH C. HODSON
25.6660 ACRES `�l O� � \\ \ ) DB 1232 -206
D.
.FIELD *v\_
1 30' JOINT ACCESS EASEMENT I 6) S 5B 2�0
AND UTILITY EASEMENT TMP 55 -40E
CENTERED ON EX. FARM ROAD d2a 60 �! RICHARD H. AND
JOAN C. BOWEN
- - -- e C 68 D.B. 3598, PG. 303 (PLAT)
D.B. 3537, PG. 339 (PLAT)
P OPOSED E1'\ -A® D.B. 3317, PG. 114 (PLAT)
SITE `IL d'� 0 4'( D.B. 3208, PG. 639
Nb 09
c5
\ TMP 55 -40F
\ N/F RICHARD HICKSON
BOWEN TRUST
DB 1856 -492
TMP 55 -41B
N/F DAVID J. &
FRANCIS S. VIA
08 763 -410
TMP 55 -41A
N/F JANET S.
SCHOLES
DS 772 -400 CENTERLINE 30' JOINT ACCESS AND UTILITY EASEMENT
(FROM POINTS (A TO n ALONG EXISTING FARM ROAD)
DELTA
RADIUS
ARC ITANGENT
BEARING
DISTANCE
N 43'39'29" W
16.99'
32'08'32"
125.00'
70.12'
36.01'
N 59'43'45" W
69.21'
N 75'48'01" W
33.49'
47'29'22"
55.00'
45.59'
24.19'
S 80'27'18" W
44.29'
S 56'42'37" W
92.69'
06'19'10"
150.00'
16.54'
8.28'
S 59'52'12" W
16.54'
S 63'01'47" W
183.16'
42'36'22"
90.00'
66.93'
35.09'
S 41'43'36" W
65.39'
S 20'25'25" W
34.05'
40'14'34"
48.00'
33.71'
17.59'
S 40'32'42" W
33.02'
S 61'05'48" W
62.65'
19'49'46"
100.00'
34.61'
17.48'
S 51.10'55" W
34.44'
S 41'16'02" W
28.69'
05'43'40"
245.00'
24.49'
12.26'
S 38'24'12" W
24.48'
S 35'32'22" W
69.23'
20'07'15"
185.00'
64.97'
32.82'
S 45'23'32" W
64.63'
29'02'43"
100.00'
50.69'
25.90'
S 40'55'48" W
50.15'
0739'24"
100.00'
13.36'
6.69'
S 30'14'09" W
13.35'
S 34'03'51" W
108.76'
31'40'56'
185.00'
102.30'
152AW
S 18'13'23" W
101.00'
S 02'22'55" W
19.17'
56'29'31"
150.00'
147.90'
80058'
S 30'37'41" W
141.98'
11'31'55"
1435.00'
288.83'
144.90'
S 53'06'29" W
288.34'
0728'36"
418.00'
54.55'
27.31'
5 51.04'49" W
54.51'
23'22'23"
161.00'
65.68'
33.30'
S 43'07'56" W
65.22'
14.21'31"
153.00'
38.34'
19.27'
S 38'37'30" W
38.24'
S 45'48'16" W
60.42'
21'31'01"
133.00'
49.95'
25.27'
S 56'33'46" W
49.65'
S 6719'16" W
29.36'
08'37'15
239.00
35.96'
18.01'
W
35.93'
.163-00'39-
S 58'42'01 W
171.81'
18'23'27"
200.00'
64.20'
32.38'
S 6753'45" W
63.92'
S 7705'28" W
108.36'
37'59'01"
80.00'
53.04'
27.53'
V83-55-01" W
52.07'
TBOF�
U
NO.
BURNsB
PRELIMINARY PLAT SHOWING
BOUNDARY ADJUSTMENT BETWEEN
THE LANDS OF
RICHARD HICKSON BOWEN TRUST
AND THE LANDS OF
RICHARD H. AND JOAN C. BOWEN
AND
PARCEL "A"
BEING A DIVISION OF
TAX MAP 55, PARCEL 44
AS SHOWN HEREON
WHITE HALL MAGISTERIAL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SEPTEMBER 19, 2008
OCTOBER 21, 2008 (REVISED)
SCALE: 1' = 150'
150' 0 150' 300' 450'
KIRK HUGHES & ASSOCIATES
LAND SURVEYORS AND PLANNERS
220 EAST HIGH STREET
CHARLOTTESVILLE, VA 22902
C: \UDD \SUR\ A +to4.liemPn+ A
NOTES
1.) THE PROPERTY LIES WITHIN THE COUNTY OF ALBEMARLE RA ZONE. THE
LAND USE REGULATIONS LISTED HEREIN ARE IMPOSED PURSUANT TO THE
ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT ON THIS DATE AND ARE
SHOWN FOR INFORMATIONAL PURPOSES ONLY. THEY ARE NOT RESTRICTIVE
COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS
PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH.
2.) BUILDING SETBACKS: FRONT 75 FEET FROM PUBLIC STREETS AND 25
FEET FROM THE THIRTY (30) FOOT AND THE FIFTY (50) FOOT JOINT
ACCESS EASEMENTS, SIDE 25 FEET, AND REAR 35 FEET.
3.1 TAX MAP 55, PARCEL 44 AND 4M SHOWN HEREON CONWN A
BUILDING SITE THAT COMPLIES WITH SECTION 42.1 OF THE ALBEMARLE
COUNTY ZONING ORDINANCE.
4.) THE PROPERTY SHOWN HEREON LIES WITHIN FLOOD ZONE '7X', NOT A
H.U.D. DEFINED 100 YEAR FLOOD PLAIN EXCEPT THAT PORTION SHOWN IN
FLOOD ZONE 'A' AS DEPICTED AND TRACED FROM FLOOD INSURANCE RATE
MAP, COMMUNITY PANEL 51003CO228D. DATED FEBRUARY 4, 2005.
5.) NO DEVELOPMENT RIGHTS ARE BEING ADDED WITH PARCEL '7X'.
6.) TAX MAP 55, PARCEL 400 HAS TWO (2) DEVELOPMENT RIGHTS AND
MAY BE FURTHER DIVIDED.
7.) TAX IMP 55, PARCEL 44 IS ASSIGNED THREE (3) DEVELOPMENT RIGHTS
AND ANY BE FURTHER DIVIDED.
8.) TAX MAR 55, PARCEL 44A IS ASSIGNED FIVE (5) DEVELOPMENT RIGHTS
AND MAY BFURTHER E FU DrV` -.
9.) UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND /OR SEWER
SERVICE WILL NOT BE AVAILABLE TO THIS PROPERTY.
10.) THE LAND SHOWN HEREON LIES WITHIN THE SOUTH FORK RIVANNA
WATER SUPPLY WATERSHED.
11.) THE LAND SHOWN HEREON DOES NOT UE WITHIN AN AGRICULTURAL
FORESTALL DISTRICT.
12.) THE STREAM BUFFERS SHALL BE MANAGED IN ACCORDANCE WITH THE
WATER - ORDINANCE OF ALBEMARLE COUNTY.
13.) THE STREETS IN THIS SUBDIVISION MAY NOT MEET THE STANDARDS
FOR ACCEPTANCE INTO THE SECONDARY SYSTEM OR STATE HIGHWAY AND
WILL NOT BE MNNTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION
OR THE COUNTY OF ALBEANRLE
14.) ALL SUSEOLIENT DIVISIONS OF THE RESIDUE SHALL USE THE POINT OF
ACCESS OR ENTRANCE FROM THE STREET SHOWN HEREON.
AREA SUMMARY:
TAX MAP 55, PARCEL 40D
7.3574 ACRES (PLAT)
+16.5946 ACRES (PARCEL 'X'1
23.9519 ACRES IMP 55 -40D (REV.)
TAX MAP 55, PARCEL 44
68.2888 ACRES (PUT)
- 16.5945 ACRES (PARCEL 'X)
- 270263 ACRES (PARCEL 'A'1
24.6660 ACRES IMP 55 -44 (REV.)
SITE
VICINITY MAP
SCALE: 1' - 2000'
r iiiiiiiiiiiit
11
IMP 55 -27
N/F JAMES S. WALTON
DB 1113 -427, 429_
PUT
TMP 55 -2m
N/F THOMAS GA
BRADLEY
DB 3072 -343
PROPERTY OWNER DATA
TMP 55 -44
TARP 55 -400
RICHARD HICKSON BOWEN TRUST
RICHARD H. AND
D.B. 3537, PG. 339 (PLAT)
JOAN C. BOWEN
D.B. 3317, PG. 109 (PLAT)
D.B. 3537, PG. 339 (PLAT)
D.B. 2881, PG. 583
D.B. 3317, PG. 114 (PLAT)
D.B. 2823, PG. 334 (PLAT)
D.B. 3208, PG. 639
CURVE TABLE
NO.
DELTA
RADIUS
ARC
TANGENT
CH. BEARING
CHORD
Cl
19'39'17'
502.46'
172.36'
87.04'
S 53'50'44 E
171.52'
C2
0724'15
1939.86'
81.40'
40.70'
S 46'05'33' E
81.39'
C3
0511859
1939.86'
180.00'
90.08'
S 49'57'10 E
179.93'
.E4_011-46-03-
1272.88'
39.26'
19.63'
S 51'43 37' E
39.26'
LINE TABLE
TYPICAL PRIVATE STREET SECTION
50'
EXISTING PRIVATE ACCESS EASEMENT
PRIMED DOUBLE SEALED
6" AGGREGATE BASE
20' 4" ADGRECATE �BASE
f 5 29 �9 12 I'4'i
DEWL
(NOT TO SCALE)
r�
TARP 55 -28
N/F COUNTY OF
ALBEMARLE
MINT SPRINGS PAF
DB 300 -354•
PUT
55 -41C
EORGE &
4 -599
LEGEND:
= SLOPES 25% OR GREATER
TMP 55 -4181
N/F GARY D. &
SANDRA V. CONLEY
OB 1639- 462, 467
PLAT
TMP 55 -418
N/F DAVID J. &
FRANCIS S. VIA
DB 763 -410
TMP 55 -41A
N/F JANET S.
SCHOLES
DB 772 -400
STATE ROUTE 684
(08 825 -192, DB 663 -345 &
HIGHWAY PLAT BOOK IX -252)
MINT SPRINGS ROAD
POCKET
77/f�Ni�9i VL l
r
ill,{ ��,
\ a \I S - ....♦
7
L HICKSON
RICHARD gop TMP 55-40E
RICHARD H. AND
DAN C. BOWEN
D.B. 3317 PG
TMP
DB 1856-492 r-
B
J
all op
le
BOM aNOWWBET
EEN
THE LANDS OF
RICHARD HICKSON BOWEN TRUST
AND THE LANDS OF
RICHARD H. AND JOAN C. BOWEN
AND
PARCEL "A"
BEING A DIVISION OF
TAX MAP 55, PARCEL 44
AS SHOWN HEREON
WHITE HALL MAGISTERIAL DISTRICT
ALBEMARLE COUNTY, VIRGINN
SEPTEMBER 19, 2008
OCTOBER 21, 2008 (REVISED)
SCALE 1' - 150'
150 0 150' 300' 450'
KIRK HUGHES 8 ASSOCIATES
LAND SURVEYORS AND PLANNERS
220 EAST HIGH STREET
CHARLOTTESVILLE, VA 22902
(434)298.8942
C:\UDD \SURVEY5\2006- 059 \PREPLA7\20OW59- D3.DWG
AttaChment z agery from Commonwealth of January 26, 2009
sub2008 -240- Overall Map with Buffers, Critical Slo es, and Mountain Overla Legend Some �•ci map may not appear Inlegend)
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55 -37
55 -34 55 -37
55 -29C3 �;: 55 GA
Map is for display purposes only • Aerial Imagery from Commonwealth of Virginia
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Geographic Data Services
— albemade.org
0 }.rq ,'^ (434) 296 -5632
January 26, 2009
KIRK HUGHES & ASSOCIATES
220 EAST HIGH STREET
CHARLOTTESVILLE, VIRGINIA
22902 434.296.6942
FAX 434.295.7540
LAND SURVEYORS & PLANNERS
Date: January 15, 2009
To: Megan Yaniglos, Planner
Albemarle County Community Development Department
Division of Zoning and Current Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
Deliver
From: Rob Cummings
Project manager
RE: Little Yellow Mt. Preliminary Plat and Private Road Request
Megan,
We formally requests preliminary plat approval to create one (1) lot on 68.29 acres pursuant to Subdivision
Ordinance section 14 -232. This property is zoned Rural Areas (RA) and described as Tax Map 55 Parcel
44 and is located in the White Hall Magisterial District on Mint Springs Road (State Road 684) adjacent to
Mint Springs Park. The effected parcels are 44, 40D, and 40E all lying within Tax Map 55. This proposal
includes a request for authorization of a private street to serve these four (4) parcels. Of the four parcels
effected by the proposed private street, Parcel 40D and 40E have existing dwellings and are currently
using the existing drive for access to Mint Springs Road.
Compliance with section 14 -232 is noted as follows;
14- 232A.1(i) property in the Rural Areas or Village Residential zoning district:
The property is zoned Rural Areas.
14- 232A.1(ii and A.1 a) private road would alleviate a clearly demonstrable danger of significant
degradation to the environment:
A public road would disturb approximately 1.36 acres as compared to the private road which only
disturbs approximately 0.45 acres. That would be an increase of 300% Volume disturbance would be
greater.
14- 232A.1(iii) no alternative public street alignment is available:
The existing driveway currently serves the three (3) parcels. It appears that no alternative public /private
street alignment is available to serve this subdivision without largely disturbing Powell's Creek for bridge
construction and critical slope disturbance.
14- 232A.1(iv) no more lots are proposed on the private road than could be created on the public road:
It appears that the difference in right -of -way width and vertical alignment does not affect the lot yield in this
subdivision.
Attachment C
14- 232A.1. (a) the total volume of grading for construction of a public street would be thirty (30) percent
or more than that of a private road in the same alignment:
The applicant has demonstrated that a public road along the same alignment would increase earthwork by
more than 30 %. The applicant has stated that the proposed public street design results in approximately
300% more land disturbance than the private street design for a private street design. Therefore, the
Planning Commission may approve this request based on this finding.
14-232A. 1. (b), Environmental impacts including, but no limited to, erosion and sedimentation,
stormwater runoff, surface water pollution, loss of tree cover...:
Environmental impacts will be minimal for private street construction. Public road construction must disturb
critical slopes whereas private street construction should not disturb any.
Thanl ,
R mgs
Project Manager,
O It 0
a
(D 0)
VPI
STA =
10 +93.00
�i
4.
0` 00
000
10 +00
0` 00 0`0
10 +50
0`0
11+00
VPI
EL = 849.50
000
880
000
0000
0000
11+50
12 +00
12 +50
13 +00
13 +50
v') (
CURVE
LEN
= 104.2
II
(/) w
Q II
K =
15.00
00
u')
N 00
r-
00 It
00
00
00
(0
Ln
r7
870
0;
°
+ o0
+00
p
+
Co
II
II
II
o
II
II J
II J
II
w
II
W
w
<�
w
<U
Q
U
Q
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�;
>
H
d
J
860
U
>
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4.37%
850
O It 0
a
(D 0)
M
0
840 0
C;
�i
4.
0` 00
000
10 +00
0` 00 0`0
10 +50
0`0
11+00
VPI STA = 12 +64.81
VPI EL = 857.00
CURVE LEN = 227.46
K = 19.55
E = 3.31
X
00
r-
000 c4
N
00 co
O
4 M
00 c0
00
O N
to
000
000
000
0000
0000
11+50
12 +00
12 +50
13 +00
13 +50
:.i
VPI STA = 14 +25.28
VPI EL = 882.68
CURVE LEN = 72.62
850
K = 8.03
E = 0.82
0
0 o M o
0O0 0000 0000 0000 Rdn
14 +00 14 +50 15 +00 15 +50 16 +00 16 +50 17 +00 Attachment C
6.96%
880
0)
co o
+
(7)
00
00
+ 0
II
v') (
u 870
r-
H J
II
(/) w
Q II
(~n w
> >
:.i
VPI STA = 14 +25.28
VPI EL = 882.68
CURVE LEN = 72.62
850
K = 8.03
E = 0.82
0
0 o M o
0O0 0000 0000 0000 Rdn
14 +00 14 +50 15 +00 15 +50 16 +00 16 +50 17 +00 Attachment C
WON .� • �� ,rte • . �_,.. Fri c
Sw
' . • • .. ��� A\ �WIN-� � � • /dell � /�' 1
low
loo
DELT - _
R S =
INNA'SHAP M
11100
i
1125
°m
1100
VPI STA = 20 +86.73+ g
VPI EL = 996.79
1075
VPI STA = 14 +29.17
a
g1 = 20.007. p
1075
VPI EL = 886.26
m
o
= a
92 6.00%
w
gt = 18.11%
rn h +
m
CURVE LEN = 70.00 in
1050
92 = 10.73%
m m
II
K= 5.00 a
w
1050
CURVE LEN = 36.92
m
E = 1.23 w
1025
m �°o VPI STA = 16 +81.52
WI F
1025
E 0.34
n VPI EL = 925.12
a
1000
m
c:l
m
g1 = 20.00%
N g g
6.009.
1000
a
m
m
N
u g2 = 15.00%
m
+
u w CURVE LEN - 100.00
975
m
n
1
:
o
r~ K= 20.00
aa
2 p 00%
975
m n N
n m m
r
�
II
II
W
E= 0.63
950
II II
O
°
II
II
�
~
rn
U
H>
g
m
°
a0 +
F,
o
950
925
w II
II
W
>
g
+
m
o°
925
w
¢ w
r
g
20 0
7°
N
m p
°' II
aU
It
900
900
g
II
rn
w N
w
g
g
10.737•
N
w
a
a
8 117
VPI STA = 18 +68.97
°
°
875
n
+
VPI EL = 953.23
° g
g
g w
w
875
6.44%
rn
1 = 15.00%
650
g2 = 20.00%
650
-2.58%
n
N
m
JI
CURVE LEN = 78.10
825
°
c
VPI STA = 15 +54.37
11 m
w
K 15.62
825
VPI EL = 899.69
N
w g
g
E = 0.49
m n
m
g1 = 10.737.
°
°
600
800
II
u
g2 = 20.00%
g
g
0°,
VPI STA = 12 +99.71
a
w
CURVE LEN = 139.11
775
i t
VPI STA 10 +93.00
VPI EL = 862.81
v1
w
K = 15.00
775
m
VPI EL = 849.50
91 = 6.44%
E = 1.61
It
gt = -2.58%
g2 = 18.11%
g
g
750
g2 = 6.44%
CURVE LEN = 175.05
750
a
CURVE LEN = 135.31
K = 15.00
m
K =15.00
E= 2.55
725
725
E = 1.53
700
00
675
'mNa aN0
m n�(1
rn otOn
g � m n�
aqo
oo
eOa
n n m
675
o m
mmo �+� m
m o
h
Nr ~
o
Yn l
� O
650
mN �
Y i in(ln
YI
h
n
m
m
it
650
10 +00
10 +50 11 +00 11 +50
12 +00
12 +50
13 +00 13 +50
14 +00 14 +50 15 +00
15 +m 0 16 +00 16 +50 17 +00 17 +50 18 +00
18 +50 19 +00 19 +50 20 +00
20 +50 21 +00 21 +50 22 +00 22 +50 23 +00 23 +50
24 +00 24 +50 25 +00
q (el TW 15TA-M gu-M c964
Attachment D
11" 6v a s-r /Nk WtD6(6
q E\A T'ZoM Ec is- rrN,G( Vf &
qSA LOCO l6r - Tp S. F, (oeq
4 142W ftoM serwrr
q lCW f tom waoSeD 'rte Ae-CUN'D
V16>04 clf:� sovIte 4
�q2��F A9
C 1 A'li
`IACIN�P
County of Albemarle
Department of Community Development
Memorandum
From: Amy Pflaum, Current Development Engineering Review
Date: 21 January 2009
Subject: Little Yellow Mountain Subdivision (SUB200800240) 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 two driveways exit the street, and the street may be reduced to the two -lot standard.
The proposed subdivision creates four residential lots. The projected traffic expected from four
lots is 40 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), and horizontal
curve minimum 40 -foot radius. The design must also meet the requirement of 14- 412A2a
regarding a 14 -foot minimum travelway width. A road meeting the three to five lot criteria
would be constructed to the point where two driveways exit the road and the turnaround is
provided, this road would be approximately 1450 feet in length. A road meeting the two -lot
standard would be allowed beyond this point, since a "farm road" exists in this alignment,
minimal earthwork would be required.
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 public street would need to be constructed to the upper -most boundary of proposed Parcel X,
this would be approximately 2150 feet in length. The width criteria of the public street would
also require widening of the existing bridge across Powell's Creek and disturbance to the stream
buffer.
Engineering staff review has resulted in both favorable and unfavorable findings. Constructing a
public street to meet these requirements would require significantly more earthwork and more
disturbance to critical slopes and to the Powell's Creek stream buffer than the construction of a
private street. The private street could be allowed under Section 14- 232(A)(1) because it will
alleviate significant environmental degradation required with a public road. Engineering staff
p ttacument E
Current Development
Engineering Review
page 2 of 2
does not see an alternative public road alignment that could decrease the anticipated earthwork
and disturbance to critical slopes. However, a public street would provide safer access to this
subdivision, therefore better serving the general welfare.