HomeMy WebLinkAboutSTA200800001 Legacy Document 2010-03-01COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
STA 2008 -01 Private Streets and Single Point of
Access
SUBJECT/PROPOSAL/REQUEST:
Public hearing on an ordinance to amend County
Code Chapter 14, Subdivision of Land, to 1) limit
the number of entrances existing parcels may
have onto public streets and to establish standards
and procedures for waivers therefrom and 2)
modify the street standards for private streets.
AGENDA DATE:
October 14, 2009
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S): REVIEWED BY:
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
and Fritz; and Ms. McCulley
LEGAL REVIEW: Yes
BACKGROUND:
On November 12, 2008, the Board held a public hearing on this proposed subdivision ordinance text
amendment, which would amend County Code § 14-404 to reduce the number of entrances allowed onto
public roads, amend County Code § 14-412 to change the road standards for private roads serving 2 -lot
and 3 to 5 -lot subdivisions, and amend the applicable requirements for Rural Subdivisions by making the
requirements of Section 14-404 applicable to them. At the close of the public hearing, the Board directed
staff to work with the community to identify concerns and alternatives. On February 26, 2009, staff
conducted a Roundtable discussion. On June 3, 2009 the Board held a worksession to discuss the options
identified at the Roundtable. The Board directed staff to prepare an ordinance that would apply only to
certain streets and to develop administrative waiver criteria. The Board also directed staff to amend the
private street standards so that they were consistent with the driveway standards found in the Zoning
Ordinance.
STRATEGIC PLAN:
Goal 1: Enhance Quality of Life for all Citizens
Goal 4: Effectively Manage Growth & Development
Adoption of regulations designed to improve emergency access (street standard) and minimizes entrances
(single point of access) can promote these goals.
DISCUSSION:
The proposed ordinance would amend the Subdivision Ordinance to reflect the June 3, 2009 directions from
the Board. Some of the key components of the proposed ordinance are outlined below.
Single Point of Access
Applying single point of access requirements only to certain roads
The proposed ordinance would require single points of access on Major Rural Streets if the frontage of any
proposed lot is less than 500 feet. Major Rural Streets include those roads with more than 1,400 vehicle
trips per day (vtpd) with two exceptions. Generally, streets of over 1,400 vtpd are considered collector
streets intended for mobility. Streets of less than 1,400 vtpd are considered local streets intended for
accessibility. Greater regulation of entrances on the higher volume roadways serves to protect the traveling
public and preserve the primary purpose of those streets which is mobility. Some streets with less than
1,400 vtpd have been identified as Major Rural Streets. These include Irish Road (Route 6) and Old Ballard
Road. Irish Road was added because it is a Primary Road with approximately 1,200 vtpd. Old Ballard
Road (Route 677) was added at the request of the Board to reflect the volume of traffic on the road
combined with the level of development on the road and the geometrics of the road. However, the number
of entrances on streets with lower traffic volumes will not be restricted by the proposed ordinance and will
continue to be able to have more points of access than those subdivisions on major rural streets.
The proposed ordinance also would relocate from subsection 14-404(8) to subsection 14-404(A) the current
access requirements applicable to a subdivision lot that is later subdivided itself. This requirement is
amended to clarify that the access requirements apply to any lot, rather than just the residue, of the original
subdivision.
Waivers
A clear desire was stated by the participants at the Roundtable discussion to include administrative
waiver provisions. The proposed ordinance authorizes administrative waivers for all waivers pertaining to
single points of access. The factors that would be considered to waive the single point of access
requirement include: whether installing a single point of access would substantially impact environmental
resources such as streams, stream buffers, critical slopes, and floodplain; whether construction of a
single point of access would substantially impact features existing on the property prior to October 14,
2009; whether granting the waiver would contribute to maintaining an agricultural or forestal use of the
property; and whether granting the waiver would facilitate development of areas identified in the open
space plan as containing significant resources.
Private road standards
The proposed ordinance would:
• Make private roads serving 2 -lot subdivisions subject to the same design standards as for a
driveway as provided in Zoning Ordinance § 4.6.6.
• Apply the clearance and maximum grade requirements for a driveway as provided in Zoning
Ordinance § 4.6.6 to subdivisions of 3 to 5 lots.
• Specify that a road's grade is measured over a distance of 50 feet.
• Establish administrative waiver procedures and criteria for all road standard design
requirements.
BUDGET IMPACT:
Administration of the proposed ordinance will require additional staff time to evaluate entrance conditions,
2 lot private road standards, and process waiver requests. However, the increase is considered minimal
and no additional funding or staffing will be needed.
RECOMMENDATIONS:
After conducting a public hearing, staff recommends adoption of the attached ordinance.
Draft: 09/21/09
ORDINANCE NO. 09-14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE II,
ADMINISTRATION AND PROCEDURE, AND 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 II, Administration and Procedure, and Article IV, On -Site Improvements and
Design, are hereby amended and reordained as follows:
By Amending:
Sec. 14-207 Rural subdivisions
Sec. 14-224.1 Waiver of certain requirements by the agent
Sec. 14-225.1 Waiver of certain requirements by the commission
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 II. Administration and Procedure
Sec. 14-207 Rural subdivisions
The following sections of this chapter shall apply to each rural subdivision:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-226,
14-229 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3),
(4), (5), (6), (7), (9), (10), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-
303(A),
(B), (C), (D), (E), (F), (H), (I), (L), (0) and (P), 14-304, 14-305(B), 14-308.1, 14-309, 14-310, 14-312,
14-314
and 14-316.
D. On-site improvements and design: Sections 14-400, 14-403, 14-404 if any proposed lot would
have less than five hundred (500) feet of frontage on a major rural street identified on the map adopted as
Appendix A to this chapter, 14-406, 14-414, 14-416, 14-421, 14-426, 14-427, 14-433 and 14-438.
(9-5-96, 7-9-86, 12-21-83, 2-4-81, 5-2-79, 11-13-74, 8-28-74; 1988 Code, § 18-13(b); Ord. 98-A(1), 7-
15-98;
Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-224.1 Waiver of certain requirements by the agent
The agent may waive requirements as provided in sections 14-313, 14-401, 14-404, 14-405, 14-407, 14-
409, 14-412, 14-419 and 14-420, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and justification for
the request and all proposed alternatives. The subdivider shall have the burden of producing the evidence
to
enable the agent to make the findings required by this section.
Draft: 09/21/09
2
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the commission as provided in section 14-226. In reviewing
a
waiver request, the commission may approve or disapprove the waiver based upon the applicable findings
set
forth in this section, amend any condition imposed by the agent, and impose any conditions it deems
necessary.
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
Sec. 14-225.1 Waiver of certain requirements by the commission
The commission may waive requirements as provided in sections 14-234, 14-404, 14-409, 14-410, 14-
412, 14-414 and 14-422, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and justification for
the request and all proposed alternatives. The subdivider shall have the burden of producing the evidence
to
enable the commission to make the findings required by this section. The agent shall review the request
and
transmit his recommendation of approval, approval with conditions, or disapproval to the commission. If
the
agent recommends approval or approval with conditions, the recommendation shall be accompanied by a
statement by the agent as to the public purpose served by the recommendation, particularly in regard to
the
purpose and intent of this chapter, the zoning ordinance and the comprehensive plan. The director of
planning
and the county engineer shall provide recommendations to the commission as to whether and how the
waiver
would accomplish county goals, policies, good planning practice and good engineering practice.
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the board of supervisors as an appeal of a disapproval of the
plat as
provided in section 14-226. In reviewing a waiver request, the board may approve or disapprove the
waiver
based upon the applicable findings set forth in this section, amend any condition imposed by the
commission,
and impose any conditions it deems necessary.
(9-5-96, 8-28-74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5-98, § 14-237; Ord. 05-14(1), 4-20-05,
effective
6-20-05)
State law reference--Va. Code § 15.2-2242(1).
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. Single point of access required. 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;.
B. provided that Conditions when single point of access not required. Notwithstanding subsection
(A), a lot may be located so that its driveway enters only onto a public street abutting the subdivision if:
(i) the
commission grants agent approves 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.
Draft: 09/21/09
3
B. If the subdivision is within the rural areas, all subsequent divisions of the residue shall enter
only onto such street(s) shown on the approved final plat and shall have no immediate access onto to any
public
street.
C. Standards for waiver. The requirements of this section subsection (A) may be waived by the
commission agent as provided in section 14-225.1 14-224.1. 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 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. A request for a
waiver
may be made prior to or with submittal of a preliminary or final plat, as follows:
1. Information to be submitted. A request shall include a justification for the waiver and a
conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller than one (1) inch equals two
hundred (200) feet showing surveyed boundaries of the property or an alternative scale approved by the
agent;
(ii) show the topography of the property at the best interval available from the County including
delineation of
proposed building sites; (iii) show the locations of streams, stream buffers, critical slopes, floodplains,
and
known wetlands; and (v) show the proposed layout of lots, location of existing features such as buildings,
fences, drainfields, existing driveways or other access ways, or other significant features.
2. Consideration and findings. In reviewing a waiver request, the agent shall consider
whether: (i) installing a single point of access would substantially impact environmental resources such as
streams, stream buffers, critical slopes, and floodplain; (ii) construction of a single point of access would
substantially impact features existing on the property prior to October 14, 2009; (iii) granting the waiver
would
contribute to maintaining an agricultural or forestal use of the property; and (iv) granting the waiver
would
facilitate development of areas identified in the open space plan as containing significant resources. In
approving a waiver, the agent shall find that requiring the extension 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.
D. Terms defined. 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.
(§ 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 -Na. 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:
Draft: 09/21/09
4
1. Streets serving two lots. Each private street serving two (2) lots shall satisfy the
following: (i) easement or right-of-way widths shall be thirty (30) feet minimum; (ii) the required
materials and
minimum depth of base shall satisfy the minimum requirements described in the design standards manual;
and
(iii) the surveyor shall include the following wording on the final plat: "The existing and/or proposed
right-ofway
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." : (i) shall
not
exceed a sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway
that is
at least ten (10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is
clear
of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width and
fourteen
(14) feet in height. The subdivider shall demonstrate to the satisfaction of the county engineer that the
street
will meet the requirements of this subsection.
2. Streets serving three to five lots. Each private street serving three (3) 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 reduced to the standard for streets
serving
two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround
is
provided. 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) the grade shall not
exceed
sixteen (16) percent calculated over a distance fifty (50) feet; (iii) if the grade of 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 having a grade of seven (7) percent or less may use have a
gravel
surface; and (iv) the street shall have a rectangular zone superjacent to the street that is clear of all
obstructions,
including any structures and vegetation, that is at least fourteen (14) feet in width and fourteen (14) feet in
height.
(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. Streets serving six lots or more. Each private street serving six (6) or more lots shall
satisfy Virginia Department of Transportation standards, provided:
(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.
Draft: 09/21/09
5
4. Streets serving family or two -lot subdivisions. Each private street authorized to serve a
family subdivision under section 14-232(B)(1) or a two -lot subdivision under section 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
nonresidential,
non-agricultural, attached residential, multi -unit residential and combined residential and nonresidential
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 standards of sections 14-412(A)(1)(i) and 14-412(A)(2)(a) relating to
street easement or right-of-way widths may be waived by the commission agent as provided in section 14-
225.1
14-224.1, as follows: .
1. Waiver of section 14-412(A)(1)(i). The agent, with the recommendation of the county
engineer and the fire marshal, may waive the standard in section 14-412(A)(1)(i) and authorize a street
having a
grade that exceeds sixteen (16) percent if the subdivider demonstrates to the satisfaction of the county
engineer
and the fire marshal that public safety vehicles would be able to access each lot even though the grade
may
exceed sixteen (16) percent. In developing their recommendation to the agent, the county engineer and the
fire
marshal shall consider: (i) the length of the segment of the street that would exceed sixteen (16) percent;
and (ii)
whether the segment that would exceed sixteen (16) percent would require the public safety vehicle to
travel
uphill towards each lot. In authorizing such a grade, the agent may impose reasonable conditions to assure
that
the public safety vehicles may access the lot including, but not limited to, a condition limiting the
maximum
length any segment of the driveway may exceed sixteen (16) percent.
2. Waiver of section 14-412(A)(2)(a). In reviewing a waiver request for a lesser street
easement or right-of-way width under section 14-412(A)(2)(a), the commission agent 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 agent 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 agent 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.
Draft: 09/21/09
6
G. Eligibility for future acceptance into the system of state highways. Any and all streets that are
not constructed to meet the standards necessary for inclusion in the system of state highways shall be
privately
maintained and shall not be eligible for acceptance into the system of state highways unless improved to
current
Virginia Department of Transportation standards with funds other than those appropriated by the General
Assembly and allocated by the Commonwealth Transportation Board.
(§ 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)
State law reference--Va. Code §§ 15.2-2242(3), 33.1-72.2.
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 than a
private street authorized under section 14-232(B)(1), 14-232(B)(2), 14-233(A)(2) or 14-433(B)(2) serving
less
than three (3) lots, 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
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