HomeMy WebLinkAboutSUB200900065 Legacy Document 2009-06-16ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB 09 -65 King's Grant—
Staff: Elizabeth M. Marotta, Senior Planner
Private Street authorization request
Planning Commission Public Hearing:
Board of Supervisors Hearing:
June 23, 2009
N/A
Owners: Two (2) of the eight (8) lots are
Applicant: Stephen N. Runkle for Woodlands
owned by the Elizabeth Allen Revocable Trust;
Road, LLC.
the remaining two (2) lots are owned by
Woodlands Road, LLC.
Acreage: Total subdivision: 193.03 acres
Rezone from: Not applicable
Acreage in road: 3.00 acres
Special Use Permit for: Not applicable
TMP: Tax Map 44, Parcels 21 I, J, K, L, M, N, P,
By -right use: RA, Rural Areas
Q
Location: Southern side of Woodlands Road
[State Route 6761 — existing King's Grant
Subdivision
Magisterial District: Jack Jouett
Proffers /Conditions: N/A
Requested # of Dwelling Units /Lots: N/A
DA RA - X
Proposal: Request for authorization to
Comp. Plan Designation: Rural Areas in
convert an approved, but not yet
Rural Area 1.
accepted, public right -of -way to a private
street, in accordance with Sections 14-
232 and 14 -234.
Character of Property: Property is within the
Use of Surrounding Properties: Single -
dedicated right -of -way for King's Grant Drive.
family Residential and Agricultural
Factors Favorable:
Factors Unfavorable:
1. Reduces by -right development potential
1. None identified
in the Rural Areas.
2. Approval of private street reduces public
maintenance costs
RECOMMENDATION: Staff finds that this request is consistent with the criteria of Section 14-
232(a) and 14- 234(c) for granting a modification to allow private streets in the rural areas and
recommends approval of the requested waiver.
STAFF CONTACT: Elizabeth M. Marotta, Senior Planner
PLANNING COMMISSION: June 23, 2009
AGENDA TITLE: SUB 2009 -65: King's Grant — Private Street authorization request
PROPERTY OWNER: Two (2) property owners for eight (8) lots: Elizabeth Allen Revocable Trust
Woodlands Road, LLC
APPLICANT: Stephen N. Runkle, for Woodlands Road, LLC.
APPLICANT'S PROPOSAL:
Request for approval to convert a dedicated public right -of -way to a private street. The property is zoned Rural
Areas, RA, described as Tax Map 44, Parcels I, J, K, L, M, N, P, Q, and is located in the Jack Jouett Magisterial
District in King's Grant Subdivision. King's Grant Drive was approved as a public street during the review of the
King's Grant Subdivision in 2007. The road has not been accepted in to the State System for public maintenance.
The property owners of the parcels accessed by King's Grant Drive parcels LLC currently maintain the road.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 1.
PLANNING AND ZONING HISTORY:
• SUB 2006 -62: Wingfield Preliminary Plat (Project was previously known as Wingfield)
• SUB 2007 -278: King's Grant Final Plat
OTHER RELEVANT CASE HISTORY: Staff has identified two projects similar to the current request:
SUB 2007 -59 Meadow Estates (TMP103, 3, 3A, 313, 3C, 31), 3E, 3F and 3G)
This application requested to allow an 8 -lot subdivision with two previously approved public rights -of -way to
convert the roads to private streets. And, like King's Grant, the street had been designed, approved, and
built to public street standards and the owners had been maintaining it because it had not yet been
accepted into the state system. Staff recommended denial of the application because in terms of the
ordinance there was not a demonstrated need; i.e. the request did not meet the required criteria of Section
14- 232(A). The Planning Commission voted to deny the request by a vote of 6:0.
The application was appealed to the Board of Supervisors, who overturned the Planning Commission vote
and approved the private street request by a vote of 6:0. The Board of Supervisors determined that
converting the street from public to private meant that further subdivision of any of the lots with usable
development rights would no longer be by- right; the proposal would have to be brought before the Planning
Commission for approval. The Board stated that "(converting the street to private) make(s) it more difficult
to do some development in the Rural Area, which is consistent with the Comp(rehensive) Plan... meets the
general welfare criteria of the Ordinance, and also meets the conditions of Sec. 14- 234."
SUB 2006 -178 Ingleside
This application requested to allow a 12 -lot subdivision with a previously- approved public right -of -way to
convert the road to a private street. Like King's Grant, the street had been designed, approved, and built to
public street standards and the owners (homeowners' association) had been maintaining it because it had
not yet been accepted into the state system. Staff recommended denial of the application because in terms
of the ordinance there was not a demonstrated need. The Planning Commission however, voted to approve
the request by a vote of 7:0.
The Planning Commission found that converting the street to private promoted the general welfare for a
number of reasons including that leaving it as a public street would make development of adjacent large
parcels easier. The Planning Commission stated that he "wanted to make sure the Commission
understands that if they insist on it (the street) continuing to be a state road he sees an opportunity to be
encouraging a lot more development (because of increased frontage and access to public streets). That is
one of the things (I am) concerned about." The Planning Commission also commented that converting the
street to private would "save the taxpayers a lot of money. ".
REASON FOR PLANNING COMMISSION REVIEW:
This application requires Planning Commission approval of the private street, in accordance with Section 14 -234 of
the Subdivision Ordinance. Typically, a request of this type would have been heard during the review of the
preliminary plat for the subdivision, as outlined in the Subdivision Ordinance. However, because the street has not
been accepted in to the State system, the vacation of the dedicated right -of -way and the recordation of an
easement establishing a private right -of -way can be approved simultaneously through approval of this request by
the Planning Commission along with an administrative review of the associated plat.
ANALYSIS OF SECTION 14 -232:
Compliance with Subdivision Ordinance section 14- 232A.1;
14- 232A.1(1) property in the Rural Areas or Village Residential zoning district.
The property is zoned Rural Areas.
14- 232A.1(ii) private road would alleviate a clearly demonstrable danger of significant degradation to the
environment.
The road has been designed and built to a public road standard. There is no difference in environmental impact
based on the road's ownership.
14- 232A.1(iii) no alternative public street alignment is available:
The existing street serves the subdivision. The public street alignment would be identical to the private street
alignment.
14- 232A.1(iv) no more lots are proposed on the private road than could be created on the public road.
The lots have already been recorded, and no additional lots will be possible with the additional acreage formerly in
right -of -way.
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 private street alignment would be identical to the public street alignment. There is no difference between public
and private standards or earthwork in this case.
14- 232A.1. (b) Environmental impacts including, but no limited to, erosion and sedimentation, stormwater runoff,
surface water pollution; loss of tree cover...:
In this case, environmental impacts, other than volume of earthwork, will be no different between a public road and
private road along the same alignment. Any stream buffer and critical slope disturbances would be the same.
Compliance with Subdivision Ordinance section 14- 232A.2;
14- 232A.2 The lots will be used for non - residential or non - agricultural purposes:
This is a residential subdivision, and thus does not meet this ordinance requirement.
Compliance with Subdivision Ordinance section 14- 232A.3;
14- 232A.3 General welfare. One or more private streets maybe 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.
As detailed in the section of the report entitled "Other Relevant Case History," a precedent has been established by
the Planning Commission and Board of Supervisors that in circumstances like this, when the conversion of a public
street to a private street reduces the by -right ability to further subdivide in the rural areas, the request may be found
to further the vision of the Comprehensive Plan, and thus, may be found to promote the general welfare. Because
this application is almost identical to two previous applications in which the Planning Commission and Board of
3
Supervisors found allowing a private street promotes the general welfare, staff finds this application satisfies the
requirement of this section of the Ordinance.
The by -right development potential of this subdivision is four (4) additional lots. By converting this street to a private
street, the development rights still may be used, however the application would be required to come before the
Planning Commission for approval. The additional acreage that will be added to each not will not push any lot over
an acreage threshold to allow additional development potential.
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:
1. The private road will be adequate to carry the traffic volume which may be reasonably expected to be
generated by the subdivision;
As a private road, the road will be adequate to carry the expected traffic volume.
2. The comprehensive plan does not provide for a public street in the approximate location of the
proposed private road;
The Comprehensive Plan does not provide for a public street in the location of this road.
3. The fee of the private road will be owned by the owner of each lot abutting the right -of -way thereof or by
an association composed of the owners of all lots in the subdivision, subject in either case to any
easement for the benefit of all lots served by the road;
Section 14 -317 of the Subdivision Ordinance requires that a maintenance agreement be submitted for review by
Planning Staff and the County Attorney in all situations where improvements are required to be maintained. The
applicant currently maintains the roads. If this request is approved, a road maintenance agreement will be
required for approval by the County prior to final plat recordation establishing the private right -of -way easement.
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 road 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.
This is not applicable.
RECOMMENDATION:
The street was designed and constructed to VDOT standards, which are the same standards required as those if a
private street had been proposed for the initial subdivision. By converting this street to a private maintenance
situation, there is a perceived risk that at some future point the Homeowners' Association may be unable to
maintain the streets at an acceptable standard. However, by requiring review and approval of maintenance
agreement documents providing for the continued maintenance of the street at a specified standard in the future,
the risk may be minimized.
The alignment and impact of the construction for this street are no different in either a public or private maintenance
situation. The current allowable number of lots accessing the street will not change as a result of this approval.
Conversion of this street from a public right -of -way to a private access easement will impose additional restrictions
on any further subdivision of existing lots. Additional restrictions will occur due to required Planning Commission
review and approval of any proposed subdivision creating lots where primary access is from an existing private
street. This same requirement does not currently exist for new lots to access existing public streets.
Overall, there is very limited difference in public versus private ownership of this right -of -way. Thus, none of the
findings in Section 14- 232(A.1) are met. However, based on previous Board of Supervisor and Planning
Commission findings, the request does meet the criteria of Section 14- 232(A.3) General welfare. Therefore, staff
n
finds that this request is consistent with the criteria of Section 14 -232 and 14- 234(c) for granting a modification to
allow private streets in the rural areas. Based on this finding, staff recommends approval of the private street
request.
Attachments:
A - Applicant's Request and Justification
B - Plat showing existing public street right -of -way
May 26, 2009
Ms. Elizabeth Marotta, Senior Planner
Z 'j and Current Development
County of Albemarle
401 McIntire Road
Charlottesville, VA 22901
Dear Elizabeth:
As requested, I am writing to provide justification for the approval of Kings Grant Drive as a private
road to be maintained by the property owners of King's Grant subdivision. As you know, Kings
Grant Drive-was initially intended to be a public road and was constructed to meet VDOT design
standards. However, it is now our desire that Kings Grant Drive be a private road for the following
reasons:
It intersects the state highway system in only one location from Woodlands Road, serves
only King's Grant subdivision lots, and does not provide for possible interconnection to
adjoining properties because of physical limitations imposed by the reservoir and Jumping
Branch creek. In fact, King's Grant was pursued and approved for eight (8) lots rather than
the potential twelve (12) allowed because of the impractically of crossing Jumping Branch
creek.
Six (6) of the eight (8) lots in King's Grant subdivision have been purchased by the .
Elizabeth Allen Revocable Trust. The Virginia- Outdoors Foundation (VOF) has approved an.
easement grant which, when executed, would reduce the six (6) lots owned by the Alien
Trust to two (2) lots.:
Kings Grant Drive is approximately twenty four hundred (2,400) feet long. Lots 9L and 2,
which have not been purchased by the Allen Trust, have frontage of approximately eight
-hundred (800) feet on King's Grant Drive, but are provided access within the first four.
hundred (400) feet. Thus, upon execution of the easement to VOF, the final two thousand
(2,000) feet of road will serve only the two (2) lots owned by the Allen Trust. In fact, in the
future the Allen's could potentially request the final two thousand (2000) feet of road be
treated as a private shared drive leaving only four hundred (400) feet of road.
Because Kings Grant Drive will be a low priority for VDOT maintenance, our.opin.ion, shared
by the Alien's, is that King's Grant Subdivision lot owners will prefer to maintain the road to
a higher standard than provided by VDOT thus removing the cost of maintenance from the
public.
Please advise if you have questions:
Sincerely,
4 �� �-
ephen N. Runkle
Woodlands Road, LLC
cc: Greg Allen
Attachment A
I/
NEW 30'
ACCESS•I
m
N
.N'
p.
LOT'8
2.fi6'
n75'f4.4f'E 12.34'
1 - 1000'
i.
SSO1t.SS
DDRRAINAGEI
• " . B :9! ,
HEREBY DE
TO PUBLIC
-YA44' x ,
562.26'(
`NN \ dy`.
35.06
660
j
/ te°\ LOT 7
\eao
'ERHANENT
41
'23'S6'E
�\ N48
$ �`'� 2\ 65.78' ,•' wi 521'04'
LOT -5
PRIVATE ACCESS
EASEMENT
60.47'07'
S2f•04':
/75.30
U29 .47'36'E
50.46'
E /
� • 0I0- FILTER ��
508.2
SILT POND 30' 6.
qq ✓
E
° DRRAAINAGEAEA
Nfi7.48'55 "W
-NB9'48'56'N
18.48
21. Go
• _ 777
EASEMENT
HEREBY DEDICATED
NEW PERMANENT
DRAINAGE EASEMENT
17,5E
HEREBY DEDICATED
TO PUBLIC
A TO PUBLIC USE
USE
27.72
7
DETAIL
143.64
SCALE: '1' •- 60'
NEW 30'
ACCESS•I
m
N
.N'
p.
TO PUBLIC 118E " /`1 !0 RIP- DRAINAGE EASEMENT
1 2 a RAP HEREBY DEDICATED
RIP
134 m) TO PUBLIC USE
D AINAGE � " SSSfi662E5•W
RIP -RAP S✓
SILT
LOT .3 TRAP vtiV9vA v�y~� H DRAINAGE
/ N PIPE
I m
I 547'28'55'E
944.95'
` TOTAL
S62.11'29'E
N4944. 55•W 87.13'
TOTAL NEW PERMANENT
LOT 4 DRAINAGE EASEMENT
569.51'45'N HEREBY DEDICATED
30,87' TO PUBLIC USE
\ S32.09'38 "E
S20'08'53'E/�
20,01' N
NNEW DRAINAGE EASEMENT /E ����•'
HEREBY DEDICATED
TO PUBLIC USE SSPEA�
40E. 10'
•�
I LOT 5 .
NEW PERMANENT DRAINAGE EASEMENTS ALONG KING'S GRANT DRIVE \ '
AND NEW 30'PRIVATE•ACCESS EASEMENT ON LOT I l
EXTERIOR BOUNDARY SURVEY: JANUARY 24,2007 \`, LOT
INTERNAL DIVISION SURVEY: AUGUST 1,2007
REVISED: SEPTEMBER 7, 2007
REVISED: NOVEMBER 29, 2007
GRAPHIC SCALE 1' -200'
0 200 400
i
LOTS
�AB ENTAIL`,\ .
ABOVE
LOT 7 ` \
..INC.
ROGER N,RAY G ED STREET
ITC,
171E -18 ALLIED STREET
CHAALOTT- SVILIE• 22903
TELEPHONE (434) 4) 29 293 -3195 '
SHEET 4 OF 4 !15250
Attachment B
nar - ticaLE
1 - 1000'
0
-YA44' x ,
STATE ROUTE 675
660
.30'PRESCHIPTIVE EASEMENT
'ERHANENT
WOODLANDS ROAD
COURSES ALONG
NEW 30'
AGE EASEMENT
PRIVATE ACCESS
EASEMENT
Y DEDICATED
BLIC USE
E /
` `•
BEARING DISTANCE
iT
E
° DRRAAINAGEAEA
Nfi7.48'55 "W
-NB9'48'56'N
18.48
21. Go
• _ 777
EASEMENT
HEREBY DEDICATED
570.02 *43'W
17,5E
% 7
A TO PUBLIC USE
545'33'03'N
27.72
7
S37'56.51'N
143.64
8 777 1
542'51'OB'N
S47'49'OS'W
36.80
✓ X13
30.49
2A' 6 .45.
339
29:N 15 5'y3' ,
N88,
•�
554'47'47'H 33.06
B'55 N
94,45'
KING'S GRANT DRIVE
S63'4!'40'H
34,73
(
I (50 *RIGHT -OF -WAY)
s71 .44.4fi•H
98.98
•_
MOO -ACRES).
586'13'00'H
38,87
LOT .2 ' c
"�
556.49'11'H
523 32' 20 N
50,00
77.31
•N05.11'05'E ,
4TOTAL v
t
'
C
O
MATCN LI
- ---" -
S05'31'05•N •
MATCH L3
SILT !63.96'
TRAP .. e
. TUi 43'
TO PUBLIC 118E " /`1 !0 RIP- DRAINAGE EASEMENT
1 2 a RAP HEREBY DEDICATED
RIP
134 m) TO PUBLIC USE
D AINAGE � " SSSfi662E5•W
RIP -RAP S✓
SILT
LOT .3 TRAP vtiV9vA v�y~� H DRAINAGE
/ N PIPE
I m
I 547'28'55'E
944.95'
` TOTAL
S62.11'29'E
N4944. 55•W 87.13'
TOTAL NEW PERMANENT
LOT 4 DRAINAGE EASEMENT
569.51'45'N HEREBY DEDICATED
30,87' TO PUBLIC USE
\ S32.09'38 "E
S20'08'53'E/�
20,01' N
NNEW DRAINAGE EASEMENT /E ����•'
HEREBY DEDICATED
TO PUBLIC USE SSPEA�
40E. 10'
•�
I LOT 5 .
NEW PERMANENT DRAINAGE EASEMENTS ALONG KING'S GRANT DRIVE \ '
AND NEW 30'PRIVATE•ACCESS EASEMENT ON LOT I l
EXTERIOR BOUNDARY SURVEY: JANUARY 24,2007 \`, LOT
INTERNAL DIVISION SURVEY: AUGUST 1,2007
REVISED: SEPTEMBER 7, 2007
REVISED: NOVEMBER 29, 2007
GRAPHIC SCALE 1' -200'
0 200 400
i
LOTS
�AB ENTAIL`,\ .
ABOVE
LOT 7 ` \
..INC.
ROGER N,RAY G ED STREET
ITC,
171E -18 ALLIED STREET
CHAALOTT- SVILIE• 22903
TELEPHONE (434) 4) 29 293 -3195 '
SHEET 4 OF 4 !15250
Attachment B