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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB201500221 — Harry F. Yoder
Staff: Christopher P. Perez, Senior Planner
— Private Street Request
Planning Commission meeting:
Board of Supervisors meeting:
February 2, 2016
Not applicable
Owners: Harry F. Yoder
Applicant: Roger W. Ray & Associates, Inc.
Acreage: 9.96 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: 03000 -00 -00 -009131
By -right use: RA Rural Areas - agricultural,
Location: 1567 Buck Mountain Road
forestal, and fishery uses; residential density (0.5
unit/acre in development lots)
Magisterial District: White Hall
Proffers /Conditions: proposed
Requested # of Dwelling Lots: 1
DA — RA — X
Proposal: The applicant has requested a second
Comp. Plan Designation: Rural Areas —
private street be authorized per Sections 14 -232
preserve and protect agricultural, forestal, open
and 14 -234 of the Subdivision Ordinance.
space, and natural, historic and scenic resources;
residential (0.5 unit/ acre in development lots)
Character of Property: Rural and heavily wooded
Use of Surrounding Properties: Residential
uses (large rural tracts of land with single family
homes)
Factors Favorable:
Factors Unfavorable:
1. The proposed private street meets the
1. The proposal increases the number of
requirements for authorization under
private streets in the Rural Areas of the
Section 14 -232 (A)(1) of the subdivision
County.
ordinance.
2. The proposal promotes development in
2. The proposed private street avoids negative
the Rural Areas of the County.
environmental impacts to the stream and
reduces the amount of land disturbance to
access the proposed Lot B3.
3. Engineering staff has no objections to the
authorization of this private street.
RECOMMENDATION:
14 -232 and 14 -234 - Staff recommends approval of a second private street to serve the subdivision of
Lot 131 into two parcels with the following conditions:
a) No construction is permitted within the stream buffer for this division or any subsequent division.
b) A private street maintenance agreement shall be submitted and approved prior to final plat
approval.
c VDOT entrance approval shall be obtained for the new entrance.
STAFF PERSONS: Christopher P. Perez, Senior Planner
PLANNING COMMISSION: February 2, 2016
AGENDA TITLE: SUB201500221— Harry F. Yoder — Private Street Request
APPLICANT: Roger W. Ray & Associates, Inc.
PROPERTY OWNER: Harry F. Yoder
APPLICANT'S PROPOSAL:
Private street request to serve the proposed residential Lot B3 on 3.5 acres from Bleak House Road (SR
662) as depicted in Exhibit A [Attachment C].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas — preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development
lots)
SELECTED PLANNING AND ZONING HISTORY:
• SUB 1993 -131 Golden, Lee G. Estate — Final Subdivision Plat
Two lot subdivision with a private street approved by the Agent, which divided TMP 30 -9B into
two parcels (Parcel B2 and Parcel BI).
• SUB2000 -209 Golden, Lee G. Estate — Boundary Line Adjustment Plat
Boundary Line Adjustment which rearranged lot lines
• SUB2014 -15 Harry F. Yoder — Easement Plat
Easement plat which relocated the 30' private street easement which serves the lots
REASON FOR PLANNING COMMISSION REVIEW:
The applicant has requested approval of a second private street under Section 14- 232(A)(1) and 14 -234
as justification jAttachment Bl. One or more new private streets may be authorized by the Planning
Commission as provided by any one of the provisions of Section 14 -232, provided that the findings
required by section 14- 234(C) are made. (Ordinance language presented in bold italics followed by staff
comment):
AUTHORIZATION OF PRIVATE STREETS
ANALYSIS OF SECTION 14- 232(A)(1)
The Commission may authorize a subdivision to be developed with one (1) or more new private streets
only under any of the following circumstances:
1. To alleviate significant degradation to the environment. 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 subject parcel is in the rural areas (RA) zoning district.
(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 applicant provided two exhibits as part of the justification for the private street request, Exhibit A
[Attachment C] and Exhibit B [Attachment D]. Exhibit A proposes a two lot subdivision of Lot B 1 by
way of a second private street which provides access to the proposed building site for Lot B3 from Bleak
House Road (SR 662) and continues to the proposed property line of the residue of Lot B 1. As proposed
no construction will take place in the stream buffer. Exhibit B proposes a two lot subdivision of Lot B 1
by way of extending the previously approved private street and increasing the number of lots served by
it from two lots to three lots. This scenario requires the first 101 feet of the existing previously approved
private street to be upgraded to the 3 -5 lot design standard.
Of the two options presented, Exhibit A alleviates significant degradation to the environment because it
requires less clearing and grading to access and serve the proposed Lot B3. It also avoids disturbance to
the stream and its Water Protection Ordinance (WPO) buffer, and it reduces the amount of impervious
area of the road, which in turn reduces the amount of stormwater runoff from the longer road.
(iii) no alternative public street alignment is available which would alleviate significant degradation
of the environment,
The stream and WPO buffer bisect the property and prevent access to the proposed Lot B3. No
alternative public street alignment is available which would avoid disturbing these features except that
which is being requested with this proposal.
(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 additional lots are proposed than could be created by right.
(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.
County Engineering staff has analyzed the proposed street as required by Section 14 -232. They find that
the location and design of the proposed street in Exhibit A is preferred over Exhibit B due to the
avoidance of significant environmental degradation as described above with heavy emphasis on the
avoidance of the stream. The subdivision meets the requirement for authorization for a private street
under this section.
ANALYSIS OF SECTION 14 -234:
Per Section 14- 234(C), the Commission may authorize one or more private streets 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 maybe reasonably expected to
be generated by the subdivision;
The amount of traffic expected on the proposed private street is minimal. The design is adequate for
this type of traffic and shall meet the private road standards as specified in Section 14 -412 of the
Subdivision Ordinance.
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 these private streets.
3. The fee of the private street 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 street;
The owner of Lot B3 shall be responsible for the maintenance of the new private street through a private
street maintenance agreement which will be reviewed and approved prior to final plat approval. The new
private street shall be platted within a 30' wide private street easement to serve Lot B3 which will be
reviewed and approved prior to final plat approval.
3
4. Except where required by the commission to serve a specific public purpose, the private street will
not serve through traffic nor intersect the state highway system in more than one location; and
The private streets will not serve through traffic, nor intersect the state highway system in more than one
location.
5. If applicable, the private street 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 streets will not require any upgrades nor impact the flood plain.
SUMMARY AND RECOMMENDATION:
Favorable factors:
1. The proposed private street meets the requirements for authorization under Section 14 -232
(A)(1) of the subdivision ordinance.
2. The proposed private street avoids negative environmental impacts to the stream and reduces the
amount of land disturbance to access the proposed Lot B3.
3. Engineering staff has no objections to the authorization of this private street.
Unfavorable factors:
1. The proposal increases the number of private streets in the Rural Areas of the County.
2. The proposal promotes development in the Rural Areas of the County.
RECOMMENDATION:
14 -232 and 14 -234 - Staff recommends approval of a second private street to serve the subdivision of
Lot B 1 into two parcels with the following conditions:
a) No construction is permitted within the stream buffer for this division or any subsequent division.
b) A private street maintenance agreement shall be submitted and approved prior to final plat
approval.
c) VDOT entrance approval shall be obtained for the new entrance.
ATTACHMENTS:
A. Area map
B. Applicant Justification/Private Street Request
C. Exhibit A
D. Exhibit B
4
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ROGER W. RAY & ASSOC., INC.
1717 -1 B ALLIED STREET
CHARLOTTESVILLE, VIRGINIA 22903
TELEPHONE: (434) 293 -3195
FAX NUMBER: (434) 293 -4202
E -MAIL: RWRINC @EARTHLINK.NET
Brian S. Ray, LS
Roger W. Ray, LS
Albemarle County Planning Commission
401 McIntire Road
Charlottesville, Virginia 22903
Attn: Bill Fritz
RE: Tax Map 30 Parcels 9131 & 36B
To Commission Members:
Land Surveyors
Land Planners
November 25, 2015
As an agent for the property owner, Harry F. Yoder, and in accordance with Section 14 -234.0 of the
Albemarle County Subdivision Ordinance, I am requesting the approval of a Two -Lot Private Street to
serve the proposed New Lot B3 as shown on the enclosed Exhibit A, dated November 24, 2015.
For the following reasons we are requesting that Lot 131 not be required to use the New Two -Lot
Private Street.
1. Lot B1 has a dwelling that is currently accessed by way of an Existing Two -Lot Private Street and
driveway from State Route 665 (Buck Mountain Road).
2. Requiring Lot B1 to also have access from the new Two -Lot Private Street from State Route 662
(Bleak House Road) would include the following:
A. The clearing and grubbing of a 30 foot wide strip, approximately 600 feet long.
B. Constructing a Two -Lot Private Street and driveway across a 200 foot wide water protection
ordinance buffer.
C. Grading and filling in the stream buffer.
D. Creating a significantly greater amount of stormwater runoff.
E. Creating a significantly greater amount of impervious area (paved or gravel road).
F. Creating a significantly greater amount of erosion and sediment.
For the above reasons, I believe the New Two -Lot Private Street should be approved to access the
proposed New Lot B3 with Lot B1 being allowed to continue using the existing Two -Lot Private Street
for its access. I believe the public interest would be best served by approving the new Two -Lot
Private Street.
The enclosed Exhibit B, dated November 24, 2015, demonstrates an alternate approach to creating
access to New Lot B3. This approach would require creating a Two -Lot Private Street and
constructing a driveway, from the existing private street that currently exists from State Route 665
(Buck Mountain Road), approximately 950 feet, through a wooded area, and crossing a 200 foot wide
Water Resource Buffer. This approach would be very environmentally unfriendly and supports our
request to have a New Two -Lot Private Street from State Route 662 (Bleak House Road) without Lot
B1 being required to use the New Two -Lot Private Street.
Respectfully,
s�
Roger W. Ray, L.S.
Copy: Harry Yoder
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