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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2010 -149 Powell /Pitt — Final
Staff: Summer Frederick, Senior Planner; Max
Subdivision Plat
Greene, Engineering Tech
Planning Commission Public Hearing:
Board of Supervisors Hearing:
January 11, 2010
Not applicable
Owners: Agnes M Fotta
Applicant: David C. Blankenship, Surveyor
Acreage: 100.016 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 9, Parcel 19
By -right use: Rural Areas (RA)
Location: East side of Plunkett Road,
approximately one half mile from its
intersection with Simmons Gap Road (SR 663).
Magisterial District: Whitehall
Proffers /Conditions: n/a
Requested # of Dwelling Lots: 2
DA — RA — X
Proposal: Request in accordance with 14 -232
Comp. Plan Designation: Rural Area in Rural Area 1
and 14 -234 (C) of the Subdivision Ordinance for
approval of private streets in the rural areas.
Character of Property: The property is a large
Use of Surrounding Properties: Rural Areas (RA)
farm with existing dwelling and outbuildings.
There are wooded areas, as well as, open fields.
Factors Favorable: See Report
Factors Unfavorable: See Report
RECOMMENDATION:
14 -232, 14 -234 (C), and 14 -404 - Staff recommends approval of the Private Street request with the
following conditions:
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 Community
Development Department;
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. The final plat includes the signature of the appropriate Greene County official, indicating that
municipality's approval of the plat.
STAFF PERSON:
PLANNING COMMISSION
AGENDA TITLE:
APPLICANT:
PROPERTY OWNER(S):
APPLICANT'S PROPOSAL:
Summer Frederick, Senior Planner; Max Greene, Engineering Tech
January 11, 2011
SUB2010 -149 Powell /Pitt — Final Subdivision Plat
David C. Blankenship, Surveyor
Agnes M Fotta
Request for approval of a private street in the Rural Area, per Sec. 14- 234(C); and per Sec. 14- 234(D)
request to waiver requirements found in Sec. 14 -404 to allow for more than one (1) point of acces
[Attachment A].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Area in Rural Area 1.
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.
Staff will act on the plat administratively after action from the Planning Commission concerning the
private street request.
PLANNING AND ZONING HISTORY:
SUB2001 -077 Howard, Brad— Rural Division: 16.734 acres divided from TMP9 -19 and added to TMP9 -
24A3. Transaction provided two (2) development rights from TMP9 -19 to TMP9 -24A3. The residual of
TMP9 -19 retained three (3) developments, that when utilized may not exceed 14.266 acres. Approved
April 11, 2001.
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 and found no objections.
ANALYSIS OF SECTION 14 -232
The applicant has requested approval of the private road using environmental degradation [Section 14-
232(A)(1)] and General Welfare [Section 14- 232(A)(3)] 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 grading for 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 would only be required to build a private street to a two (2) lot standard, a standard
requiring significantly less construction activity than that of a public street. There is no significant cut
or fill required to build this street, and the road right of way is not wooded.
Staff notes that the new Virginia Department of Transportation [VDOT] connectivity index for public
roads, as defined 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 environmental impacts would be significantly different between a public street and a private street
for most of the proposed alignment. A private street would be required to be built at a driveway
standard. Additionally, 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 likelihood of significant degradation to
the environment resulting from the additional public street connection that would be required by
VDOT.
(iii) no alternative public street alignment is available which would alleviate significant degradation
of the environment;
Engineering staff does not see an alternative public street 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.
(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 requires less earthwork and disturbance of critical slopes than a public
street. By providing a private street instead of a public street, the requirement for additional
connections that are required by VDOT are alleviated, which allows for less disturbance 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 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.
In prior actions, the Planning Commission has agreed that by allowing private streets with a private
street maintenance agreement in place the general welfare of the public is better served by allowing
the subdivider and residents within the development to endure the costs 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 would be consistent with
previous Commission actions.
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 may be 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. Staff believes that the proposed private street is adequate to carry the amount traffic
expected by the subdivision.
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 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. The applicant will be required to submit a private street maintenance agreement to be
approved by the County Attorney's office
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.
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.
As proposed the private road would not require any upgrades nor impact the flood plain.
Per Section 14- 234(D), the Commission may waive the requirements of Section 14 -404 as provided
therein, provided that all of the applicable requirements of Section 14 -232, and this section are
satisfied.
Staff believes all the applicable requirements have been satisfied. In addition, allowing for a second
point of access would eliminate the need for construction of a driveway /road across a perennial
stream, and the associated protected stream buffer.
SUMMARY AND RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable factors:
1. A private street does not permit more development than a public street in Rural Area.
2. The approval of the private street puts the cost and maintenance on the developer and the
residents of the subdivision rather than the general public.
3. The private street will be built to Ordinance standards with the exception of the new
requirement by VDOT for additional connections to adjacent parcels.
4. A private street utilizing a second point of access to the subdivision would eliminate the need to
construct a driveway /street through a stream, and its associated stream buffer.
Unfavorable factors:
1. The policy of the County has been to require public streets in the rural areas.
Staff review has found mix findings. Staff recommends approval of the private street per Section 14-
232 (A)(1), Alleviating Significant Degradation to the Environment, and Section 14 -232 (A)(3) General
Welfare, as well as approval of the waiver of Section 14 -404 to allow for more than one (1) access
point to the proposed subdivision.
Staff recommends approval with 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 Community
Development Department;
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. The final plat includes the signature of the appropriate Greene County official, indicating that
municipality's approval of the plat.
ATTACHMENTS:
A. Subdivision Plat
B. Location /Detail Maps
C. ADblicant Justification