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HomeMy WebLinkAboutSUB201000167 Legacy Document 2011-11-16ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB 2010 -167 Barracks West Staff. William D. Fritz, AICP Townhouses Planning Commission Public Hearing: Board of Supervisors Hearing: NA November IS, 2011 Owners: Cheetah Investment Company LLC Applicant. Cheetah Investment Company LLC Acreage: 19.406 Special Use Permit for: NA TMP. 060A000026170A By -Right Use: Multi- family residential Location: This site was formerly known as Old Salem Apartments. It is located on the north side of Barracks Road across from the Colonnades. Magisterial District: Jack Jouett Proffers/Conditions :NA Re uested # of Dwelling Units: 133 DA - RA -X Proposal. Request for preliminary plat approval for Comp. Plan Designation: Rural Area 1 the creation of 133 townhouse lots on 19.406 acres. This application includes a request for approval of a private street in accord with Section 232 of the Subdivision Ordinance. No additional units are proposed. This proposal is to create individual lots for existing units. Character of Property: Existing multi - family Use of Surrounding Property: The Colonnades attached dwellings retirement community is located across the street from this site. Multi - family and single family development is located to the east. Rural land is located west o of the site. Factors Favorable: Factors Unfavorable: None 1. The streets meet all requirements of the subdivision ordinance. 2. The development is existing and no physical changes are proposed or required. 3. Approval allows for a wider range of ownership options. 4. Staff routinely approves private streets for similar types of developments. Recommendation: Staff recommends approval with no conditions. STAFF PERSON: William D. Fritz, AICP PLANNING COMMISSION: November 15, 2011 AGENDA TITLE: SUB 2010 -167 Barracks West Townhouses APPLICANT: Cheetah Investment Company LLC PROPERTY OWNER(S): Cheetah Investment Company LLC APPLICANT'S PROPOSAL: Request for preliminary plat approval for the creation of 133 townhouse lots on 19.406 acres. This application includes a request for approval of a private street in accord with Section 232 of the Subdivision Ordinance. No additional units are proposed. This proposal is to create individual lots for existing units. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Area 1. REASON FOR PLANNING COMMISSION REVIEW: The project proposes the use of private streets. PLANNING AND ZONING HISTORY: This development was formerly known as Old Salem Apartments. SDP 264 — This site plan was approved in the 70s resulting in the existing development. Some development occurred prior to any ordinance requiring a site plan. VA 2011 -01 — This variance was approved on April 12, 2011. This variance was for yard setbacks. REVIEW OF CHAPTER 14, SECTION 233(A)3 TO ALLOW USE OF PRIVATE STREETS. This review of private streets for an attached dwelling unit subdivision by the Planning Commission is unique. In all other attached dwelling unit subdivisions the Agent reviews and approves private street requests administratively. The Agent is authorized to approve private streets in attached dwelling unit subdivisions within the development areas. This property, while zoned R -15, is located in the Rural Areas of the Comprehensive Plan and is therefore not eligible for administrative review of private streets. The applicant has submitted a request that all streets within the development be authorized as private streets (Attachment B). County Engineering staff has analyzed each street as required by Chapter 14, Section 234 (Procedure to authorize private streets and related matters) and Section 412B (Standards for private streets only) of the County Code and found that this request complies with those requirements. The applicant's proposal is to establish units on individual lots so that they may be sold separately instead of rented or sold as condominium units. If this project were located within the development areas the private streets would have been approved administratively. No additional units, changes in street or parking layout will occur as part of this subdivision. Staff opinion is that approval of this request is appropriate as it allows for the widest range of ownership options. SUMMARY AND RECOMMENDATION: Staff review has resulted in the following findings: Favorable factors: 1. The streets meet all requirements of the subdivision ordinance. 2. The development is existing and no physical changes are proposed or required. 3. Approval allows for a wider range of ownership options. 4. Staff routinely approves private streets for similar types of developments. Unfavorable factors: None identified. Staff opinion is that the favorable factors outweigh the negative factors and therefore staff recommends approval private streets. RECOMMENDED CONDITIONS: No conditions are required or recommended. ATTACHMENTS: A. Subdivision Plat B. Private Street Justification