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Home My WebLink AboutSUB201000115 Legacy Document 2010-11-04ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB2010 -115, The Preserve Staff: Elizabeth M. Marotta, Senior Planner at Glenmore Preliminary Subdivision Plat Planning Commission Public Hearing: Board of Supervisors Hearing: November 9, 2010 Not applicable Owners: Sansovich Development, LLC Applicant: Jeff Powell- Roudabush, Gale & Associates, Inc. Acreage: 144.77 Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 94 -15 By -right use: Zoned Rural Areas (RA) Location: East side of Carroll Creek Road [Private], south of terminus of Running Deer Drive [State Route 8081. Magisterial District: Scottsville DA — RA — X Requested # of Dwelling Lots: Thirteen (13) Proffers /Conditions: A Special Use Permit (with total lots; 11 single family lots, 1 residual conditions) for a stream crossing of Limestone Creek parcel, and 1 parcel for the proposed private was granted, however the conditions only apply if the street stream crossing is built. To -date the owner has no plans to exercise the SP, therefore no conditions apply to the property at this time. Character of Property: Undeveloped, Comp. Plan Designation: Rural Area 4 in Rural deciduous tree cover Areas Proposal: Request for approval of a Use of Surrounding Properties: Residential to the preliminary subdivision plat creating 12 lots north (Running Deer subdivision) and planned single and a request for private street approval. family to the west and south ( Glenmore); Limestone Creek to the east, with agricultural and undeveloped land beyond. Factors Favorable: Factors Unfavorable: 1. Does not facilitate more lots than by- 1. No guarantee of less disturbance right with no new street 2. Less disturbance likely RECOMMENDATION: 1. Staff recommends Approval of private street request, as it meets the criteria set forth in Chapter 14, Section 232 of the Albemarle County Code. 2. Staff recommends Approval of SUB2010 -115, The Preserve at Glenmore, as it meets the requirements set forth in Chapter 14, Section 206 of the Albemarle County Code. STAFF PERSON: PLANNING COMMISSION: AGENDA TITLE: APPLICANT: PROPERTY OWNER(S): Elizabeth M. Marotta, Senior Planner November 9, 2010 SUB2010 -115 The Preserve at Glenmore Preliminary Subdivision Plat and Private Street request Jeff Powell, Roudabush Gale and Associates, Inc. Sansovich Development, LLC APPLICANT'S PROPOSAL: Request for approval of a preliminary subdivision plat creating 12 lots and a request for private street approval. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas 4 in Rural Area. REASON FOR PLANNING COMMISSION REVIEW: This proposed preliminary subdivision plat includes a request for a new private street. Section 14 -232.A requires Planning Commission review of the private street request. Additionally, a Planning Commissioner has "called up" the review of the preliminary plat itself for Planning Commission review, per Section 14 -218. PLANNING AND ZONING HISTORY: The subject parcel is adjacent to the Glenmore subdivision, and has been included in a number of subdivision and boundary line adjustments with adjacent parcels. As it exists today, the 144.77 acre parcel is identified as TMP 94 -15, and is zoned RA. The boundaries of the subject parcel are the result of a number of boundary line adjustments and subdivisions with parcels that existed in 1980; as a result it contains 10 development rights. No portion of this parcel is subject to zoning conditions or proffers. The property is associated with Special Use Permit SP2006 -31 and the conditions attached to it. This special use permit (SP) grants the right to construct a stream crossing across Limestone Creek. If the applicant does not take advantage of the use permitted by the SP, then the conditions of the SP do not apply. The applicant is not making use of the SP. REVIEW PURSUANT TO CHAPTER 14, SECTION 206- PRELIMINARY PLATS: Planning Commission action on the subdivision application is not discretionary. The action on the preliminary subdivision plat is limited to finding that the plat does or does not meet the requirements of Chapter 14 of the Code of Albemarle. The plat can only be denied if it is found to not satisfy a provision of the Code. If it is denied, the code provision must be identified, along with how the subdivision can be modified to meet that requirement. The Site Review Committee has reviewed the preliminary subdivision plat and found that it meets the requirements for conditional approval, as set forth in Chapter 14 of the Albemarle County Code. Conditions of final approval, as recommended by the Site Review Committee, are detailed below, in the "Recommended Conditions" section of this report. REVIEW OF CHAPTER 14, SECTION 232(A) TO ALLOW USE OF PRIVATE STREETS. The applicant has submitted a request for the proposed Grey Heron Road (as shown on Preliminary Plat dated 10/15/10) to be authorized as a private street. The Planning Commission can authorize a private street if any one provision is met: if the private street would alleviate significant more degradation of the environment than a public street would, when the lots would be used for non residential or non- 2 agricultural purposes, or, when the general welfare would be better served by authorizing a private street. Unlike many private street requests, this request does not include a public street alternative for the purposes of comparison. Due to environmental conditions and the pattern of surrounding development, there are very little, if any, feasible options to tie a new proposed public street into the existing public street network. The proposed street ties into the existing Glenmore private street network, and, due to zoning conditions (Leake property, ZMA06 -16) associated with the creation of Glenmore and Carroll Creek Road, the private streets in Glenmore cannot connect to the adjacent Running Deer Drive (public street- State Route 808) for any reason other than for emergency access. While it may appear that it is possible to extend Running Deer Drive directly into the Preserve at Glenmore and to still limit access to Glenmore streets, there are engineering hurdles involved with this and the applicant has not presented a plat with that configuration as an option for Staff and VDOT to evaluate. For the purposes of evaluating the plat proposed, Staff has found that there is no feasible alternative for the applicant to provide a public street. Because there is no public street option to compare this private street request to, and because the lots will be used for residential purposes, the review criteria of Sec. 14-232.A. I and 14- 232.A.2 do not apply. Therefore, the applicant has made his request under the provisions of Sec. 14- 232.A.3, General Welfare [Attachment B]. Staff's evaluation of the request under Sec. 14- 232.A.3 is below. General analysis of private street request under See. 14- 232.A.3: General Welfare. One or more private streets may be authorized if the general welfare, as opposed to the proprietary interests of the subdivider, would be better served by the construction of one or more private streets than by the construction of public streets. Because there is no public street option, the analysis is focused on whether the public interest is better served by allowing a new private street, or by not allowing a new street at all. The property contains approximately 2700' of frontage on Carroll Creek Road (Carroll Creek Road was approved as a private street during the action on ZMA 06 -16.) Under ordinance provisions, a residential lot in the rural areas must have 150' of frontage on an approved private street. This means that by frontage requirements alone, the applicant could plat eighteen (18) lots, all fronting on Carroll Creek Road, with no new internal street. In reality, development rights limit the development of the parcel to approximately 15 lots (10 development right lots plus approximately 5 lots of a minimum of 21- acres). However, the plat proposed with the private street is proposing 11 lots and 1 residual lot that may be further divided to yield 1 more lot, for a total potential of 13 lots, which is less than could be done by- right with no private street approval. The applicant is not gaining the ability to plat more lots by creating a private street. Another consideration is disturbance. Should the property be subdivided with no internal private street, each lot would be served by a driveway directly from Carroll Creek Road. In order to fit 13 lots directly on Carroll Creek Road, the average lot would be 200' wide. With a minimum lot size of 2 acres, the smallest lot would be 435' deep; 21 -acre and larger parcels would be even deeper. This means that the potential for the disturbance associated with each lot having its own lengthy driveway is notable. Individual driveways are evaluated during the building permit process for compliance with grade, critical slope, and Water Protection Ordinance requirements. In instances where disturbance is more than 1 acre, an erosion and sediment plan is required, but beyond that staff does not have the authority to limit access to a building site. It is impossible for staff to quantify whether the disturbance associated with the private street proposed will be more or less than without the private street and only private driveways. However, with a private street staff would have the opportunity to evaluate road plans, and in all likelihood due to the proposed configuration of the lots around the private street and the location of limiting environmental conditions (stream buffers and critical slopes), shorter driveways on average will be built. 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 and has no objection to the private street as proposed. SUMMARY AND RECOMMENDATION: Staff review has resulted in both favorable and unfavorable findings: Favorable factors: 1. Private street approval does not facilitate more development in the Rural Areas than can be done by- right. 2. Private street approval will likely result in less disturbance Unfavorable factors: Staff cannot quantify with certainty if total disturbance will be less Staff opinion is that the favorable factors outweigh the unfavorable factors and therefore staff recommends APPROVAL of this waiver. RECOMMENDED CONDITIONS: The Current Development Division shall not accept submittal of the final site plan for signature until tentative final approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions have been met: ❑ 1. Current Development Planning approval ❑ 2. Current Development Engineering approval ❑ 3. Albemarle County Building Official approval ❑ 4. Fire and Rescue Division approval to include: ❑ i. Must comply with the Virginia Statewide Fire Prevention Code. Final approval is subject to field inspection and verification. ATTACHMENTS: A. Proposed Preliminary B. Private street request/ justification 4