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HomeMy WebLinkAboutSUB201000049 Staff Report 2010-06-16a.. � rlrr�l�3,r ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP2010 -49 Nydrie Farm- Staff: Megan Yaniglos. Senior Planner, Max Preliminary Subdivision Eclat Greene- Engineering Tech Planning Commission Public Hearing: Board of Supervisors Hearing: ,dune 2, 2010 Not applicable Owners- Nydrie Farm Estates, LLC Applicant: Nathan Morris- Roudabush, Gale & Associates Acreage: 408,37 Gores Rezone from. Not applicable Special Use Permit for: Not applicable TMP: Tax leap 120 Parcel 16: Tax Map 120 By -right use: Rural Areas (RA) Parcel 160; Tax Map 120 Parcel 16H6 Location: The intersection of Esmont Road [Route 7151 and Green Mountain Road/ Porters Road [Route 827). Magisterial District: Scottsville ProfferslConditions- n 1a Requested # of Dwelling Lots: 26 DA— RA — X Comp. plan Designation: Rural Areas in Rural Proposal. Request In accordance with 14-232 and 14 -234 (C) of the Subdivision Ordinance For Area 4 approval of private streets in the rural areas. Character of Property: The property is al large Use of Surrounding Properties: Rural Areas (RA) farm with existing barns and houses_ There are large wooded areas, as wall as, open fields - Factors Unfavorable: See Report Factors Favorable: See Report R1E+ OMMENOATION: 14 -232 and 14 -234 (C)- Staff recommends, approval of the Private Street request with conditions listed in the report, STAFF PERSON: Megan Yaniglos- Senior Prater. Max Greene- Engineering Tech PLANNING COMMISSION: June 22, 2410 AGENDA TITLE: SU112010 -4c}- Nydrie Farm - FreIimina n Subdivision Plat APPLICANT: Nathan Morris, Roudabush, Cagle Associates PROPERTY OMNER l: Nydric Farm Estates, LLC APPLICANT'S PROPOSAL: Request for preliminaR, subdivision plat approval to create 26 lntg an a total of 408.37 acres [Attachment Al. Associated with this proposal is a request to allow private streets. COMPREHENSIVE PLAID: The Comprehensive Plan designates this property as Rural Areas in Rural Arca 4. 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 [A arhmcnt C1. .approval of the modification for private street authorization would also toe the approval of the street in accordance with Sections 14 -232 and 14 -234 of the Subdivision Ordinance. The required standard for pri vate 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, Staff` %%i11 act on the plat adrrtinistratively after action from the Planning Commission eoneeming the private street request. PLANrN ING AND ZON ING HISTORY: SUB2007 -I 58- A boundary line adjustment to the parcel was approved on 7 -27 -2007. SUB2048 -2 b- A rural subdivision to Tax Map 120 Parcel 16 that created 7 lots was approved on 12 -8- ?W8. AUTHORIZATION ION OF PRIVATE STREETS Private stTCCts may be authorized by the Planning Csommissiaa os provided by any -Qne of the provisions of Section 14 -232. County Engineering staff has analyzed emb street as required by Chapter 14, Section ?34 (Procedum to authorize private streets and related matters) of the CounV Code IA achment EI. ANALYSIS OF SE 'PEON 14- M The applicant has requested approval of the private road using env ironmeaml degmdation [Section 14- 232(A)(t )I and General WeIfare [Section 14- 232(A)(3)] as justification tAttachnient C). (ordinance language presented in hold italics fol lowed bjr staff comm em). One or more private streets may- be authrrrked (i) the prepert}, iv wr'1kin either the rural areas (R-A) or 411age revrdenfrat (R R) zoning districts; The property is zoned RA rural areas. (il) lite private streefs will alleviate a clearlr demanstroble likelihood of significant degradution (e) site enWronmew of the praper�r or any log :d adjacent therela resullingfrom the construction of a public street in then same allgntne w. fire tents 4'significan I degradation "means efther: fa) The loful vafume of grading for construction of of public street would be Nitro{ (30) percent or wrote than that of a pritwe street in fire same afignment, baser uporr prortles, t}pical sections. earth worli computations, and alit er informalion deemed aecessao�y kr the tonne;{ engineer. subs tifled by lite subdipider and reviewed by lire coun�4- engineer, or (b) En vrranotental impacts hicluding, but nor limited le, erffia n and sedimentation. .0oroneepaler runoff, surface water pollution, loss of free" cover andlor the lass of rrrdrgtrnous vegela on rauf ing form a public street, which would be sub_stan ial #1• greater than 1lrat of a private streel in tlte saute alignment, based upon ew'dence submitred by fire subdivider and reviewed br lire rount), engineer and other qualified staff. The applicant has provided sw ions. and earthwork computations for review by tngiaeenng staff. The applicant is required to build the rind to public street standards and therefore. the road section and profile will be the same as a public strut. There is no significant cut or fill required to build this sheet. and the ruad right of way is not wooded. Staff notes that the new Virginia Department oCTransportation [VDOT] ccn ectivizy index for public roads, as deftned by the Secondary Street Acceptance Requirements, 24VAC30 -92 -60 Public benefit requirements. item C. would require additional connections to adjoining parcels and State roads that would add significantly more road construction than is proposed. The environmerual impacts would not be significantly differcm hetwecn a public street and a private street for most of the proposed alignment. However. a public street would require additional road construction to provide connections to abutting properties and intersections with existing public streets. Therefore. the proposed private streets will alleviate a clearly demonstrable likelihncxl of significant. degradation to the environment resulting from the additional public street connection that would be required by VD T. (W) no alternative public street alignment is available which fvaufd alleviale signrfrcanI degradatimp of Ili a err uironrrrent Engineering staff does not see an altemadve public street akyrimcni that could decrease the anticipated eanhw•ork and disturbance to critical slopes, (N) no more hau are proposed on rite* private streets than coorld be created on a public slreel dire 10 right -of ivay dedication and No more lats are proposed th;tn vouid be created on a public street due to right-of-way dedication. (y) floe proposed private streets demonstrahlt- promote sensitivh' , toward thex natural rharacterisfics of the Ian and enrourages lire subdivision of land in a manner rhat is consisrew and harnronious with surrounding deve*lopmerrl. The proposed private street requires less earthwork and disturhance of critical dupes than a public street. By providing a pHvate street instead of a public street. the requirement for additional connections that are required by VDOT are alit .,riated, which ulluws For less disaurbance than a public street. 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 lie used for non - residential or nnn- a0cultural purposes. The proposed lots are for residential purposes, ANALYSIS OF SECTION 14- 232(A)(3) General welfare. One or more pr ivare streetts mq v be authorited if the gerreraf wet, fare. as vpp6wed to fhe pr oprietas:r interest of they vuhdividear, would be betrler served by the construction of one or more private streets Man hr diet construction of public srreem. The applicant has made a justification for general welfare [Attachment C] that includes the fact that the proposed development is equestrian oriented, and will contain horse trails and easernents along the private street. The applie wt states that by allo%ving the private street, the general welfare is better served becau -w the private streets allow the developer to control access into the property, and limiting exposure of the public to the horse trails and casements along the private street. The appli=t also states that "due to the current economic conditions the public will be better served by private streets in this subdivision. Vvith shrinking budgets for tx sportation and maintenance items, requiring public streets for this subdivision is doing a disservice to the public by requiring additional tax revenues to own and maintain streets that will do nothing more than serve the lots its this subdivision. With the proper maintenance agre ernents in place, there is no risk to the public in allowing private streets for this subdivision.- The Planning Commission in prior actions has agrecd with the second justification that by alIGlA ing private streets with a private street maintenance agreement in place the general welfare of the public is better served by a] lowing the subdivider and residents within the development to endure the Uosts and maintenance of the road rather than putting the burden on the general public. Although it has been the policy of the County to discourage private streets in the rural areas. given the current economic climate. and fact that no additional lots are being created than could be created with a public street, staff believes that a private street in this development would better serve the general welfare and woWd be consistent with previous Commission actions. ANALYSIS OF SECTION 14 -2.34. 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 cireums=ces described in section 14-23 deists and chat: (ordinance language presented in bold italics followed by std comment) L The prirale road will he adequate to earn- the traffic volume which titan he reasoriah #y eipeceed tr, be generated by the subdivision. The subdivision shall be subject to the private street requirements for rural plat approval per Section 14.412. The react will be required ko meet Virginia Department of Transportation standards since the propmed priVate street wiI I be serving six lot,, or more_ Stag believes that the proposed private street is adequate to carry the amount traffic expected by the subdivision. 2. The eomprehenRsive plait direr not providefer a pablic sire-el in the apprerrimale location of Ile preposedprivute 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 avionLad by the owner of each for abutting lire right -oj =way{ thereof or by an as%uciarr`va composed of the uwncn of all Ion in fire subdiri io n, .vahject in either case to any easenseni for rile benefit of'all Ions served b 5 - the road; Section 14-317 of thu Suhdivisicm Ordinance requires that a rmintenancc agrnment to %ubmittcd roT review by Planning sxaffand the County Attorney in all situations where irnpmvcnii ms are required to be maintained. The applicant has submitted a pri vate street maintenance agreement that was approved by the County Attorney's office 4. Except where required by the col unission to serve a specific public purpose, theprivate road will nor serge through traffic nor intersect rite state high mw r System in more tha an one lrcarrian. and The private street will not serve through traff ic. nor intersect the state highway system in more than one location. S. J, f applicable, the private road has been approved in accordance with section 303, flood hazard overlay district. elf the wring rrrdittanct, and wha applicable la w. As propowd the pdvate road would not require any upgradcs nor impact the flood plain. SUMMARY AND REC NTWENDATION: Staff review. has resulted in both favorable and unf vorsblc findings; Favorable ractors: 1. A private street dkvs not per€nit more develupment than a public street in Rural Area, ?. The approval of the private street puts the cast and maintenance on the developer and the residents of the subdivision rather than the general public. 3. The private street will be built is public road standards with the exception of the new requirement by V DOT for additional connections to adjacent parcels. Unfavorable factors: 1. The policy of the County has been to require public streets in the rural areas. Staff review has found mix rindings. Staff recommend -; approval of tho priVnte street per Section 14-332 (A)(1), Alle- dating Significant Degradation to the Finvironment. and Section 14-232 (A)(3) General Welfare. Staff recommends approval with the following conditions= CONDITIONS REOO11+ MENDED- L The plat shall be subject to the requirements of Section 14-303 (Contents of final plat). as identified on the "Final S ubdi.vision Checklist" which is available from the Dr.pa=ent of Planning, and Community Development-, ?. The final plat shall address all minimum requirements from Sections 14-410 (Standards for all street and alleys) and 14 --41? (Standards for private streets only). 3. Health director approval of individual private wells andlnr septic systerns_ ATTACHMENTS: A. Site Plan B. LocatiowDetail Maps C. Applicant Justification D. Existing Siw Phowgraphs E. Engineering Analysis err rra ! I TA �� vwmwry MAP Tvp9rA4:RL-rKy BTHtiir.r Il�JFCfTa rwnOAr14M wS7'r4 ' - - - µi O�ahnva,TCia aurumib4T S40T! 6�47'Rd MAMMA GH FUU,L PLAT N YDIR FARM PRELJMINARY SUBDIVISION FLAT SC=SVIL! E MAGISY`IdKIALI}n�I = ALBEMARLE COLWrY. VIRGLNLA FWWATE MAO 41 T WM V ATA _ 3� 0117 � �rY 4 W wYwlli #d f +�! wW �A�a.wi�+•�� ILA wrrtiwwr •M4'R y*MLitawMM '2L"S�.ST7�.r`3�'L74`— N FAT t�j Im. k V.p r w -�. � �• .���w � rrw.w N YDIR FARM PRELJMINARY SUBDIVISION FLAT SC=SVIL! E MAGISY`IdKIALI}n�I = ALBEMARLE COLWrY. VIRGLNLA FWWATE MAO 41 T WM V ATA _ 3� —41M w —! ! — — r To /WANA71 QM P" L YLOO mu" ftAt TAiLWlI/�li J ►M �.. „ FfWATE Rra►ff OF WAY k nwvKYalerY rnrnrm ,wn nwou al � EMNEET WOM Mf � •� iSFT. I<lM��RM! Yil i — Y�f/l.[IRYVJI� RiT wl�f• Wif�il4iWWrw�/ �fi F � Af+Y�l�IA 11YL� Y�I � — VV���I�LiLYVAYLMRA.W WiR � — wi �Gi�tiw1.Y�F w� =VZ mr7:� L J ij� SOM3 Ay , 71 "PrA A "or, 73 � rrl�!17 f •�' I q� I p9. Ilt 77 4" ." � •5 _ ;•s.' •.ems "" � — _ F f'�.�� t« ,� d. Re ZIP i" ML I ±' .• �'r ., . , 'f Fes`,=.. ` - r# - or x III` ' � SQlrll Mlle � � I�i PL ji. RAS rcV= 1101 - 11 ❑1 I I I ❑❑ I I I I i ■■i n ■w� w � 2 L4 { 2 r G� 4 3r i r ry r IV r L%lis c � F Attachment 11 i L'J w 48 fiy LO UD r � � L A .r. = 4 w � 2 L4 { 2 r G� 4 3r i r ry r IV r L%lis c � F Attachment 11 ROUD.+4BUSH GALE & ASSOC, INC, #sue FCr3�TIGC =.:D Fop ` rN?JR_n— K3V;ti vRi5r-.VA 27WA2 i. T HOMFLS UALL -E MA�nYNN R. GALE. L-$. Wi--JAM J LED3r1i$R LS S_;wARD0: AMPS EL -III L5 April 29. 20 10 RE: Nydrie Farm Subdivision Private Road Waiver Request. PH0NE4dW1 342!5* G4 $Tim rtr X W-iA 296-5220 wrmeRouDAButmCAW W[LL:AM5.RCrUDAaUSH L5 0n behaIrnfthe app Iicant- and in accorddnce wish C:ounn- Code Section 14 -232,1 am requesting approval of Private Roads for Nydrie Farm Subdivision. The specific waiver request requirements per code section are addressed below. 14- 111 -A -I 0) The property is located in rural area (RA). (ii) Private streets w i I I alleviate significant environmental degradaticIn to the property as opposed to Public Streets. With VDOT's new SSAR requirements. additional roadway will have to be constructed to provide the required secondary access point if public streets are constructed. "Signiri can t Dt- gradation" is derrro=rated according us 14- -2 32 -A I (b) by the add itionaI environmental irnpacts such as increased erosion and wdimentation. increased stormwater runoff and additional loss of tree cover as result of the additional roadway required by public roads (iv) No more lots are proposed on the private streets than can be created on public strms with R -O -W dedication. 14- ?32 -A -2 The gerrerarl we fare wil l be better served by the construction of private streets in Nyclrie Farm Subdivision. Nydrie Farm Subdivision is planned to be an equestrian oriented development that will include an extensive network of horse trails (See Sheet 7 of on preliminary plat). Horse train are planned alum the edges or the private Arml easemersl arrd inuIudr. severaI horse crossing areas on the private streets. The approval of private streets wi 11 allow the developer to address public safety trod general welfare issues by contro lling access to the privaw streets in the devclapment and limiting the exposure of the pubic to the horse trai Is and crossings on the privarc mrcaLs,. The approval of the private streets is not strictly in the propricwa ' interest of the developer, lout rather protects the general health and safety of the public. Attstieltmc1til C 14 -212 -C 1. 'f he private streets as shown on the preliminary subdivision plat will adequately carry the traffic volume generated by the subdivision. The private streets will he designed to public road standards. 2, The comprehensive plan does not provide for a public street in the location of the proposed private streets. 3. The fee for the private street will be owned by lot owners abutting the right -of- way. Maintenance of the private roads will be shared by the lol owners in the subdivision and covered by the county's private road maintenance agreement. 4. The private street w i I l not serve through traffic and will not interst!a the state highway system in more than one point. S. ILIA In addition to all of the code requirements addressed above, due to the current economic conditions the public will be better served by private streets in this subdivision. With shrinking budgets For transportation and maintenance iterns. requiring public streeLs for this subdivision is doing a disservice to the public by requiring additional tax revenues to own and maintain streets that vw+iII do nothing more Than serve the lots in this subdivision. With the proper maintenance agreements in place. there is no risk to the public in allowing private streets for this subdivision. On bchaIFofthe applicant, your consideration in granting the private street waiver is appreciated. if you have any questions, please do not hesitate to eonwt me. Regards, William J. Ledbetter, L.S. is fj om fA ofabEo 4%110 r$ ft ltmililiCmt I) fxlsTlmft NYbrF1 m m i I . � ¥.•` . Ir '� \$ .` 2 .K . z p ��: .- }t \��� \� . e� �- �. &� 7 � m i I i# qls\lj LNF Wsrx TAW) W WILL, OTUEN -ro s toxo v 4 K�' v County of Albemarle DepartnieutorCommunit) Development Memorandum To: Megan. Current Development Planning From: Max Greene. Current Devalupmem Engineering Review Date: 21 May 2010 Subjeet. Nydrie Farm (SUB 201 OM9) pri Yaw ro.W request The request For a private road submitted according to Subdivision Ordinance section 14- D4A, I has been reviewed. vmphunce with Subdivision Ordinance wcuon 14- 232A.l; L4-232A.1(i) prc"rte in the Rural Areas or Village Residen dal zoning rli,srrict: The property is zoned RA. 14-232A, L ON private strut 4muld alleviate a rfearlY denionsrrabte ddnge. r of si nifrcarrr tlegradalion lu Me environment: The plat as submitted would nave the same profile as a private road or a public road. There is no significant cut or f-ili required to build this grad. The road right -of -way is nut wooded. [however, the new VDOT connectivity index for public roads, as defined by the Secondary Street Acceptance Requirenicnts. 24VA 30-92 -60 Pubi ic benefit requirements, item C. would require additional connections to adjoining parcels and State roads that would add significantly more road construction than is proposed. 4.232A_ t (iii) 140 allernalive public stmel alignment is avadahle- Them are possible alternative alignments. However. comiderirg. tt o the profile is 01ready folInwijig enisting grade, alternative alignment,, are unnetfe.ssary for earthwork cnrnparison. 14 -232A. I f iu) an mare lalk are prrrrmsed an the private street rharn cauld be r;reated on flee pi4blic sheer: There does not appear to be a difference in right - «r -way tuidth or vertical alignment. 14-232-A. ],(a) the fatal volume of grading for construction of a public street 4uuuld he Miry (30) per'reat or more Man That of a private street in the saute alignment.. The amount of carlh ork for this project is very small. There does not appear to he a difrerence in right-of-way width or vertical alignmotiL 14-232k I . (b).En vironments imparis including, but no limned to. erosion and sedimenladon, Stormwvater nmoff surface wetter pollirrrun, loss of tree cm er...: In this case, environmental impacts will not be significantly different between a public road and private road, except a public road would require additional parcel and state road connections. Attachment E Current Developrnera Engineering Review page 2 of:! SUMMARY AND RECOMMENDATION: It is noted That the subdivision ordinance, and county policies, discourage multiple connections to public roads via private rtmds:.ecficxn 14 -234B states that private streets "...should not serve as the pri mary or sale interconnection between the subdivision and abutting property. or serve thmogh traffic by heiug the connector between two or more public streets," Staff opininn is that the favorable factory outweigh the negative factors and therefore staff recommends approval of this waiver.