HomeMy WebLinkAboutSDP200800013 Staff Report 2008-05-06ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP -2008-013 Dunlora Gates
Staff: Megan Yaniglos- Planner
Planning Commission Public Hearing:
Board of Supervisors Hearing:
6 2008
Notapplicable
-May
Owners: Dunlora Gates, LLC
Applicant: The Engineering Groupe, Inc.
Acreage: 7.9 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 62 Parcel 10
By -right use: R4- Residential
Location: Located on Townbrook Crossing
approximately 0.071 miles from the intersection of
Shepherds Ridge Road and Townbrook Crossing in
the Dunlora Subdivision.
Magisterial District: Rio Magisterial District
Proffers/Conditions: No
Requested # of Dwelling Lots: 18 attached single
DA — 7.9 acres RA — n/a
family residential lots
Proposal: Proposal for 18 attached single family
Comp. Plan Designation: The
residential lots adjacent to Dunlora with waivers and
Comprehensive Plan designates this property
open space.
as Neighborhood Density in Urban Area 2.
Character of Property: The property is a vacant
Use of Surrounding Properties:
wooded site in the development area adjacent to the
Residential/Single Family Attached Homes,
Dunlora subdivision.
Residential/Single Family Detached Homes
Factors Favorable: (multiple — see report)
Factors Unfavorable: (multiple — see report)
RECOMMENDATION:
Zoning Ordinance Modifications:
1. Modification of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
Other Zoning Ordinance Considerations:
2. Section 4.7- Open Space (recommendation, approval)
Subdivision Ordinance Waivers:
3. Waiver of Section 14-410 (1)- Installation of Curb and gutter (recommendation, approval)
4. Waiver of Section 14-422 (E)- Installation of sidewalks (recommendation, approval)
STAFF PERSON:
Megan Yaniglos- Planner, Phil Custer- Engineer
PLANNING COMMISSION: May 6, 2008
AGENDA TITLE: SDP 2008-013 Dunlora Gates —Preliminary Site Plan
APPLICANT: The Engineering Groupe, Inc
PROPERTY OWNER(S): Dunlora Gates, LLC
APPLICANT'S PROPOSAL:
Request for preliminary site plan approval to create 18 lots with open space on 7.9 acres. The property is
zoned R-4, Residential, described as Tax Map 62 Parcel 10 and is located in the Rio Magisterial District
on Townbrook Crossing approximately 0.071 miles from the intersection of Shepherds Ridge Road and
Townbrook Crossing [Attachment A].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Neighborhood Density in Urban Area 2.
REASON FOR PLANNING COMMISSION REVIEW:
The applicant has requested waivers for the installation of curb and gutter, sidewalks, the disturbance of
critical slopes, as well as approval of proposed open space associated with the proposed preliminary site
plan.
PLANNING AND ZONING HISTORY:
SUB2006- 109- Dunlora Gates Preliminary Subdivision Plat to create 14 lots- In June 2006 the Planning
Commission took action on five waiver requests and appropriateness of proposed open space. The
Commission took action for the request for waivers for the installation of curb and gutter (6:0 approval),
installation of sidewalks (for a one-sided sidewalk) (6:0 approval), interparcel connection (6:0 denial),
installation of planting strips (6:0 denial) the disturbance of critical slopes (6:0 approval), and approved
the open space (6:0 approval) [Attachments G and H]. The preliminary plat was then approved in July
2006. The applicant did not submit final plans for the subdivision within one year of preliminary
approval, and therefore the approval of the preliminary plat was deemed null, along with any of the
approved waivers.
The waivers being requested with the current proposed site plan are similar to the waivers granted by the
Commission in the review of the previous subdivision. Also, the current request is similar to the ones
previously approved, no change to the ordinance has occurred and staff has considered the prior action
to grant the waivers as a favorable factor in approving the waivers in this case.
DISCUSSION:
This proposal came before the Planning Commission on March 25, 2008. At this meeting the
proposal was deferred so that the applicant could work with engineering staff to revise the
proposed stormwater management facility in order to reduce the amount of critical slopes
disturbed, and to reduce the impact to the stream buffer. The applicant has revised the plan based
upon engineering's recommendations.
The Planning Commission will need to act on the waiver requests, and make findings on the
appropriateness of the proposed open space. This staff report is organized to address each issue
separately. The Commission must act on all of the items. The items to be addressed are:
Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
Other Zoning Ordinance Considerations:
2. Section 4.7- Open Space (recommendation, approval)
Subdivision Ordinance Waivers:
3. Waiver of Section 14-410 (I)- Installation of Curb and gutter (recommendation, approval)
4. Waiver of Section 14-422 (E)- Installation of sidewalks (recommendation, approval)
1. CRITICAL SLOPES MODIFICATION
The request for a modification has been reviewed for both the Engineering and Planning aspects of the
critical slopes regulations. Section 4.2.3.2 of the Zoning Ordinance restricts earth -disturbing activity on
critical slopes, while Section 4.2.5(b) allows the Planning Commission to waive this restriction. The
applicant has submitted a request and justification for the waiver [Attachment C], and staff has analyzed
this request to address the provisions of the ordinance.
Critical slopes cover approximately 2.19 acres, or approximately 28 percent, of the 7.9 acres included in
this request. This request is to disturb 0.34 acres, or 15 percent, of these critical slopes. The previous
plan showed disturbance of 0.575 acres, or 26 percent of the critical slopes. Staff has reviewed this
waiver request with consideration for the concerns that are set forth in Section 4.2 of the Zoning
Ordinance, entitled "Critical Slopes."
A request to allow disturbance of critical slopes must be reviewed in accord with the requirements of
Section 4.2.5. This section requires a two part analysis. Section 4.2.5(a) is a review of the technical
performance standards. If these technical standards are not met the disturbance of critical slopes cannot
be approved by the Planning Commission. If these technical standards are met the Planning
Commission may then consider the disturbance of critical slopes_ The criteria for the Planning
Commission's review of the disturbance of critical slopes are found in Section 4.2.5(b). Staff presents
the analysis of the request to disturb critical slopes in two parts.
Section 4.2.5(a)
Review of the technical performance standards:
Description of critical slope area and proposed disturbance:
The critical slope area, within TMP 62-10, appears to be natural slopes. The disturbance of critical
slopes is requested by the applicant to construct the roadway and townhouses, perform grading
operations, and install a stormwater management facility.
Areas
Acres
Total site in Dunlora
7.85
Gates
Critical slopes
Approx.
Approx. 28% of the site
2.19
3
Critical slopes disturbed 0.34 Approx. 15% of critical
slopes
The critical slope disturbance shown in this lan has been reduced by 40% compared to the last plan
considered by the Planning Commission on March 25, 2008.
Below, each of the concerns of Zoning Ordinance section 18-4.2 is addressed:
1. "movement of soil and rock".- Proper slope construction, control of drainage, and vegetative
stabilization with approved erosion control measures constructed within the standards of
Virginia Erosion and Sedimentation Control Regulations will prevent any movement of soil.
2. "excessive stormwater run-off": Stormwater runoff will be controlled by the drainage /
stormwater management plan required for this site.
3. "siltation of natural and man-made bodies of water ": There is an existing stream located on
the eastern half of the property. The areas of critical slope disturbance are located to the west
of the stream and outside of the stream banks. Engineering recognizes the proposed design
as being imperative to providing access to the site with minimal disturbance to the critical
slope areas and no proposed disturbance to the existing stream. Inspection and bonding by
the County will ensure siltation control during construction. Proper stabilization and
maintenance will ensure long term stability.
4. "loss of aesthetic resource ": This site is visible from the Dunlora Subdivision. The site has
existing wooded areas throughout the property, The majority of the critical slopes on the
property (85%) will be preserved with this plan. Some of the critical slopes on this property
are delineated as Major or Locally Important Stream Valleys or Mountain on the Composite
Map for Urban Neighborhood One and Two [Attachment I]. However, the area of critical
slopes proposed for disturbance are not delineated on the Open Space Plan Concept Map, nor
are they located within any Major or Locally Important Stream Valleys, or Mountains.
5. "septic effluent ": No septic systems or drainfields are proposed in this project. This site is
accessible to the public sanitary sewer system.
This site does not drain into a waterway that is a public drinking water supply for Albemarle County.
No portion of this site plan is located inside the 100 -year flood plain area according to FEMA Maps,
dated 04 February 2005.
Exemptions [18-4.2.6c]:
A portion of the site may be considered exempt of the regulations of section 4.2 [Attachment J]. Critical
slope disturbance needed to construct a SWM facility may be considered exempt provided that no
reasonable alternative alignment with less disturbance is possible. Engineering review has observed that
the applicant has reduced the impacts onto the critical slopes by the SWM facility as much as possible
considering the proposed alignment of the townhomes and roadway.
18-4.2.6c-
Accessways, public utility lines and appurtenances, stormwater management facilities, and any other
public facilities necessary to allow the use of the parcel shall not be required to be located within a
building site and shall not be subject to the requirements of this section 4.2.2, provided that the
applicant demonstrates that no reasonable alternative location or alignment exists.
Based on the above review, the applicant has satisfactorily addressed the technical criteria for the
disturbance of critical slopes.
Section 4.2.5(b)
Recommendations on the findinlIs that must be made by the Planning Commission in order to
allow disturbance of critical slopes.
The commission may modify or waive any requirement of section 4.2 in a particular case upon finding
that:
1. Strict application of the requirements ofsection 4.2 would not forward the purposes of this
chapter or otherwise serve the public health, safety or welfare, or that alternatives proposed by
the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or
(Added 11-15-89)
The applicant has significantly reduced the amount of critical slopes disturbed with the redesign
of the stormwater management facility since the prior submittal that was presented at the March
251, 2008 Planning Commission meeting. The erosion and sediment control measures, the
proposed open space, as well as the revised design satisfy the purposes of section 4.2 to at least
an equivalent degree.
2. Due to its unusual size, topography, shape of the property, location of the property or other
unusual conditions, excluding the proprietary interest of the developer, the requirements of
section 4.2 would effectively prohibit or unreasonably restrict the use of the property or would
result in significant degradation of the site or adjacent properties. Such modification or waiver
shall not be detrimental to the public health, safety or welfare, to the orderly development of the
area, or to adjacent properties, or be contrary to sound engineering practices; or (Added 11-15-
89)
Denial of this modification would not prohibit or unreasonably restrict the use of the property or
resulting significant degradation of the site or adjacent properties. The modification will not be
detrimental to the public health, safety or welfare, to the orderly development of the area or to
adjacent properties, or be contrary to sound engineering practices.
Approval of this request would accommodate the by -right development of an infill property
within the development areas of the Comprehensive Plan, while the most important slopes on the
property would remain undisturbed in the proposed open space.
3. Granting such modification or waiver would serve a public purpose ofgreater import than
would be served by strict application of section 4.2. (Added 11-15-89)
Staff has identified no evidence that the act of granting the proposed waiver would serve any
greater public purpose that would be served by a strict application of Section 4.2.
RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable factors:
1. The applicant has significantly reduced the amount of critical slopes being disturbed.
2. The measures proposed by the applicant will satisfy the purpose of Section 4.2, at least to an
equivalent degree, meeting the requirement for 4.2.5 (b)(1).
3. Prior Planning Commission approval of request for SUB2006-109.
Unfavorable factors:
1. Denial of the waiver would not prohibit or restrict the use of the property.
The Planning Commission may grant the modification if it finds that the request has met one of the three
requirements in Section 4.2.5 (b). Staff has found that the request for modification meets one of the three
requirements, and therefore recommends approval.
2. OPEN SPACE
This development proposes open space [Attachment F]. This open space is voluntary and not required
by any provision of the ordinance. However, all open space must be authorized by the Planning
Commission. Section 4.7 of the Zoning Ordinance below requires that appropriateness of open space be
assessed as follows:
4.7.1 OPEN SPACE, INTENT
Open space provisions are intended to encourage development approaches reflective of the
guidelines of the comprehensive plan by permitting flexibility in design. More specifically, open space
is intended to serve such varied comprehensive plan objectives as.-
-Provision
s:
-Provision of active/passive recreation,-
-Protection
ecreation;
-Protection of areas sensitive to development;
-Buffering between dissimilar uses; and
-Preservation of agricultural activity.
To this end, in any rezoning, subdivision plat, or site development plan proposing inclusion of
open space areas, the commission shall consider the appropriateness of such areas for the intended
usage in terms of such factors as location, size, size, shape and topographic characteristics.
(1) Most of the proposed open space, approximately 2.72 acres, is in the form of "natural" areas for
passive recreation.
(2) The applicant's open space plan identifies critical slopes as being part of the proposed open
space and drainage area.
(3) There are no dissimilar uses adjacent to this development to buffer.
(4) This proposal does not preserve agricultural activity. This will be an urban open space system.
(5) The location of the open space is appropriate in that it provides protection of critical slopes,
conservation of existing trees, and drainage area.
(6) The proposal includes approximately 2.72 acres in open space, which amounts to 34.4% of the
total site.
(7) The shape of the open space does not appear to pose any detriment to the development. Open
spaces are well connected to each other and have multiple points of access.
4.7 .2 USES PERMITTED IN OPEN SPACE
Unless otherwise permitted by the commission in a particular case, open space shall be
maintained in a natural state and shall not be developed with any man-made feature. Where deemed
appropriate by the commission, open space may be used for one or more of the following uses subject to
the regulations of 'the zoning district in which the development is located.-
-Agriculture,
ocated:
-Agriculture, forestry and fisheries including appropriate structures;
-Game preserve, wildlife sanctuaries and the like,-
-Noncommercial
ike;
-Noncommercial recreational structures and uses;
-Public utilities;
-Wells and septic systems for emergency use only (reference 4.1. 7)
-Stormwater detention and flood control devices.
There is an existing public sewer line located in the proposed open space as well as proposed stormwater
and other bioretention area. There is a proposed stormwater management facility within the open space.
The placement of stormwater management facilites in open space is preferred to placing these facilities
on individual lots.
4.7.3 OPENSPACE, DESIGN REQUIREMENTS (Amended 11-I5-89)
4.7.3.1 In addition to provisions of section 4.7.1 and section 4.7.2, in reviewing development proposing
incorporation of open space, the commission may require inclusion in such open space of
(Amended 11-15-89)
- areas deemed inappropriate for or prohibited to development such as but not limited to: land in
the one hundred year flood plain and significant drainage swales; land in slopes of'twemy-five (25)
percent or greater; major public utility easements; stormwater detention and flood control devices;
lands having permanent or seasonally high water table; (Amended 11-15-89)
- areas to satisfy provisions of section 4.16 Recreation Regulations; (Added 11-15-89)
- areas to provide reasonable buffering between dissimilar uses within such development and
between such development and adjoining properties. (Added 11-15-89)
4.7.3.2 The commission may require redesign of such proposed development to accommodate open
space areas as may be required under this provision; provided that, in no case, shall such redesign
result in reduction of the total number of proposed dwellings unit otherwise realizable under this
ordinance.for conventional development, (Added 11-15-89)
(1) There is no flood plain in the open space or on the property.
(2) Most of the critical slopes are already shown in open space.
(3) An existing sewer line is already through portions of the open space.
(4) A stormwater detention facility to the north of the site drains through this open space.
(5) The soils located in the open space are shown to support seasonally high water tables as defined
in Table 39D Soil and Water Features of the United States Department of Agriculture Soil
Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985.
(6) Recreational areas are not required or proposed.
(7) Some of the open space provides a reasonable buffer from adjacent subdivisions and will
connect to the open space on the south side of the parcel.
4.7.4 OWNERSHIP OF OPEN SPACE
Open space in private ownership shall be protected by legal arrangements sufficient to ensure its
maintenance and preservation for purposes, for which it is intended. Such arrangements shall be
subject to commission approval as apart of the site development plan and/or subdivision plat
approval process.
Open space may be dedicated to public use subject to approval and acceptance by separate
resolution of the board of supervisors. Open space so dedicated shall be counted as apart of the
minimum required open space.
The entire 2.72 acres of open space shown on the plat is proposed to be in private ownership, and will be
maintained by a homeowners association.
RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable Factors:
1. The open space provides a buffer from adjacent subdivisions and will connect to the open space
on the south side of the parcel.
2. 2.72 acres are proposed for open space, which amounts to 34.4% of the total site.
3. Most of the critical slopes are located within the open space
4. Prior Planning Commission Approval of request for SUB2006-109.
Unfavorable Factors:
none
Staff recommends that the Commission find the proposed open space appropriate for the proposed
development.
3. CURB AND GUTTER
This proposal would not provide curb and gutter for the public street. Section 14-410(H) of the
Subdivision Ordinance requires that "In the development areas, streets shall be constructed with
curb or curb and gutter, sidewalks and planting strips. Sidewalk and planting strips shall be
designed and constructed in compliance with section 14-422. " The applicant is requesting a waiver
from this requirement due to several factors [Attachment D].
REVIEW OF MODIFICATIONS TO SECTION 14-410: "Standards for all streets and alleys"
Section 14-410(H) of the Subdivision Ordinance requires streets in the development areas to be
constructed with curb or curb and gutter. Section 14-410(I) allows the Planning Commission to waive
the requirements as provided in section 14-225.1. The applicant has submitted the required information
for the waiver request. Staff analysis of 14-410(i) is contained below:
Consideration and findings:
(i) the number o_ f lots in the subdivision and the types of lots to be served;
This plat will create an additional 18 single family attached lots.
(ii) the length of the street;
The street will be extended approximately 550 feet.
(iii) whether the proposed streets) or street extension connects into an existing system of streets
constructed to a rural cross-section;
The connection will be made to a rural cross-section.
(iv) the proximity of the subdivision and the streets to the boundaries of the development and
rural areas;
Two public streets are adjacent to this parcel, but this development is not adjacent to the rural area.
The rural areas are approximately 0.6 miles to the east.
(v) whether the streets terminates in the neighborhood or at the edge of the development area or
is otherwise expected to provide interconnections to abutting lands;
The proposed street extension will terminate within the neighborhood.
(vi) whether a rural cross-section in the development areas furthers the goals of the
comprehensive plan, with particular emphasis on the neighborhood model and the applicable
neighborhood master plan;
The land use plan recommends neighborhood -friendly streets that provide curb and gutter. The
extension of Townbrook Crossing would be the only road section in this area with a curb and gutter
section for the public roads.
(vii) whether the use of a rural cross-section would enable a different principle of the
neighborhood model to be more fully implemented,-
None
mplemented;None have been identified.
(viii) whether the proposed density of the subdivision is consistent with the density recommended
in the land use plan section of the comprehensive plan.
The land use plan calls for 3-6 dwellings per acre. This development will provide approximately
2.28 dwellings per acre.
In approving a waiver, the commission shall find that requiring curb & gutter would not forward the
purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, to sound
engineering practices and to the land adjacent thereto.
RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable Factors:
1. The pattern of development within the adjacent Dunlora neighborhood is rural cross-sections.
2. Prior Planning Commission approval of request for SUB2006-109.
Unfavorable Factors:
1. The use of curb and gutter will assist with the containment of the road drainage and direct the
flow more efficiently to the proposed stormwater management facility.
2. If this request is denied, the extension of Townbrook Crossing would be the only road section in
this area with a curb and gutter section for public roads.
Staff has reviewed this request with consideration for the required criteria and recommends Planning
Commission approval of the waiver based on the findings provided herein.
4. SIDEWALKS
This proposal will provide sidewalks on only one side of the street [Attachment E]. Section 14-422 of
the Subdivision Ordinance requires that "Sidewalks and planting strips for street trees and other
vegetation shall be established on both .sides of each new street within a subdivision creating lots for
single family detached and single family attached dwellings in the development areas. "
REVIEW OF MODIFICATIONS TO SECTION 14-422: "Sidewalks and plantinIZ strips"
Section 14-422(A) of the Subdivision Ordinance requires sidewalks be established on both sides of each
new street within a subdivision in the development areas. Section 14-422(E) allows the Planning
Commission to waive the requirements as provided in section 14-225.1. The applicant has submitted the
required information for the waiver request. The applicant is providing planting strips, and therefore
only needs approval for the sidewalk modification. Staff analysis of 14-422(E) is contained below:
9
Consideration and findings:
(i) a waiver to allow a rural cross-section has been granted;
See prior section.
(ii) a surface other that? concrete is more appropriate for the subdivision because of the
character of the proposed subdivision and the surrounding neighborhood;
The applicant is proposing a concrete sidewalk on one side of the street.
(iii) sidewalks on one side of the street are appropriate due to environmental constraints such as
stream, stream buffer, critical slopes, floodplain, or wetlands, or because lots are provided
on only one :side of the street;
The surrounding neighborhood has concrete sidewalks provided on one side of the street. No
environmental constraints exist.
(iv) the sidewalks reasonably can connect into an existing or future pedestrian system in the
area;
The proposed sidewalk connects to the existing sidewalk on Townbrook Crossing.
(v) the length of the street is so short and the density of the development is so low that it is
unlikely that the sidewalk would be used to an extent that it would provide a public benefit;
The extension of the sidewalks will forward the goals of the neighborhood model for a pedestrian
oriented neighborhood, however the surrounding neighborhood only has concrete sidewalks
provided on one side of the street.
(vi) an alternate pedestrian system including an alternative pavement could provide more
appropriate access throughout the subdivision and to adjoining lands, based on a proposed
alternative profile submitted by the subdivider,-
No
ubdivider;No alternative is proposed by the applicant.
(vii) the sidewalks would be publicly or privately maintained;
The sidewalk would be privately maintained by the Home Owners Association.
(viii) the waiver promotes the goals of the comprehensive plan, the neighborhood model, and the
applicable neighborhood master plan;
The waiver will not promote the goals of the neighborhood model.
(ix) waiving the requirement would enable a different principle of the neighborhood model to be
more fully achieved
Two design approaches of the neighborhood model are pedestrian oriented neighborhoods and
neighborhood friendly streets and paths. Waiving the requirements would not forward the goals of
the neighborhood model.
In approving a waiver, the commission shall find that requiring sidewalks would not forward the
purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, to sound
engineering practices and to the land adjacent thereto.
RECOMMENDATION:
Staff review has resulted in both favorable and unfavorable findings:
Favorable Factors:
1. Prior Planning Commission approval of request for SUB2006-109.
2. The proposal is consistent with the surrounding neighborhood which provides concrete
sidewalks on only one side of the street.
Unfavorable Factors:
none
10
Staff recommends Planning Commission approval of the waiver based on the findings provided herein.
SUMMARY:
In conclusion, the Planning Commission will need to act on the waiver requests, and make findings on
the appropriateness of the open space. The issues that were presented above are listed below:
Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
Other Zoning Ordinance Considerations:
2. Section 4.7- Open Space (recommendation, approval)
Subdivision Ordinance Waivers:
3. Waiver of Section 14-410 (I)- Installation of Curb and gutter (recommendation, approval)
4. Waiver of Section 14-422 (E)- Installation of sidewalks (recommendation, approval)
No conditions of approval are needed with this request.
ATTACHMENTS:
A. Preliminary Plat
B. Location/Detail Maps
C. Applicant Justification of Critical Slopes Modification
D. Applicant Justification of Waiver of Curb and Gutter
E. Applicant Justification of Waiver of Sidewalks
F. Applicant Justification for approval of Open Space
G. Previously approved subdivision plat
H. Action Letter for previously approved subdivision plat
I. Open Space and Critical Resources Map
J. Disturbed Critical Slopes Map
PRELIMINARY SITE PLAN
FOR
DEVELOPMENTSME DUNLORA GATES
TOTAL PARCEL AREA . . . . . . . . .. .. . .
. . . . . 7.90 AC.
RESIDUE/OPEN SPACE AREA . . . .. . . . . . ...
. . . 2.72 AC. (34.4%)
AREA OF PUBLIC ROW TO BE DEDICATED .. . .
. . . . . 0.86 AC.
AREA OF LOTS . . . . . . . . . . . . ... . . .
.. . . . 3.76 AC.
TOTAL PROPOSED LOTS . . .. . .. . .. . . .
. . ...18 LOTS (31 MAX)
MINIMUM LOT AREA . .... .. . .. . . . . . .
. .. .. . 0.12 AC.
MAXIMUM LOT AREA .. . . .. .. . . ... . . .
. . .. ..0.38 AC.
AVERAGE LOT AREA ....................
... 0.21 AC,
PROPOSED DENSITY . .. . .. . . ... . . . . .
. .. . . 2.28 DU/AC.
MAXIMUM IMPERVIOUS COVER .. . . . . . . . ..
. . . . 52% (46% PROPOSED)
CURRENT ZONING . . .. . .. . .. . . . . . ..
.. . . R4 RESIDENTIAL
TAX MAP . . . .. . . .. . . . .. .. . . . ..
. . . . . 62-10
SOURCE OF TITLE . . . . . .. . . . . . . . . . .
. . . . . D.B. 3413, Pg. 37
SOURCE OF TOPO. . . . . .. . ... . .. . . ..
. . . . LOUISA AERIAL SURVEYS - DEC. 07
SOURCE OF SURVEY . .. .. . .. .. .. . . .
. .. . . THE ENGINEERING GROUPE, INC. - DEC. O'
DATUM . . . . . . . . . . . . .. . . . . . . . .
. . .. NAD 1983
BUILDING SETBACK (BRL) AND HEIGHT REQUIREMENTS
FRONT 25' MIN
SIDE 15' (MIN)
REAR 20' (MIN)
HEIGHT 35' (MAX)
APPLICANT - OWNERS
DUNLORA GATES, LLC
750 GREEN LN
FABER, VA 22938
CONTACT: MR. JIM GATES
(434) 962-3855
ALBEMARLE COUNTY ENGINEERING
GENERAL CONSTRUCTION NOTES FOR SiTE PLANS
RIO MAGISTERIAL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
1. Prior to any construction within any existing public right-of-way, including connection to any existing road, o
permit shall be obtained from the Virginia Department of
Transportation (VDOT). This plan as drawn may not accurately reflect the requirements of the permit. Where any
discrepancies occur the requirements of the permit shall
govern.
2. All paving, drainage related materials and construction methods shall conform to current specifications and
standards of VDOT unto" otherwise noted.
3. Erosion and siltation control measures shall be provided in accordance with the oppmved erosion control plan
and shall be installed prier to any clearing, grading or other
construction.
4. All slopes and disturbed areas are to be fertilized, seeded and mulched. The maximum allowable slope is 2:1
(horizontol:vertaal). Where reasonably obtainable, lesser dap" of 3:1 or better are to be achieved.
5Pawed, rip -rap or stabilization mat lined ditch may be required when in the opinion of the Albemarle County
Director of Engineering, or the Directords designee, it is deemed necessary in order to stobiltze a drainage
channel.
6. All traffic control signs shall conform with the Virginia Manual for Uniform Traffic Control Devices.
7. Unless otherwise noted dl concrete pipe shall be reinforced concrete pipe - pace Ill.
S. All excavation for underground pipe installation must comply with OSHA Standards far the Construction Industry
(29 CFR Part 1926).
APPROVED BY:
ALBEMARLE Cde1TY ENGINEER
DATE
VIRGINIA DEPMTIENT OF TRANSPORTATION
DATE
A1.116MRLE COUNTY SERVICE AUTHORITY
DATE
VICINITY MAP
1' se 2000'
SHEET INDEX
SHEET N0, JULE
1COVER SHEET
2-3 SITE PLAN
4 DRAINAGE DIVIDES AND BMP/SWM COMPUTATIONS
NOTES
1. THE SITE IS NOT LOCATED WITHIN A RESEVOIR WATERSHED.
2. THE SITE IS LOCATED OUTSIDE OF THE 100 YEAR FEMA FLOODPLAIN.
3 ALL DRIVEWAYS ARE TO BE ASPHALT MATERIAL.
ALBEMARLE COUNTY ENGINEERING
GENERAL CONSTRUCTION NOTES FOR PUBLIC ROADS
1. Prior to any construction within any existing public right-of-way, including connection to any existing road, a permit
shall be obtained from the Virginia Department of Transportation (VDOT). This plan as drawn may not oommtely reflect
the requirements of the permit. Where any discrepancies occur the requirements of the permit shall
govern.
2. Construction Inspection of all proposed roads within the development will be made by the County. The contractor must
notify the Department of Engineering (296-5861) 48 hours In advance of the start of construction.
3. All materials and construction methods shall conform to current specifications and standards of VDOT. All excavation
for underground pipe installation must comply with OSHA Standards for the Construction Industry (29 CFR Part 1926).
4. Erosion and siltation control ms shall be provided in accordance with the approved erosion control plan and
must be Installed prior to any clearing, grading or other construction.
5. Upon completion of fine grading and preparation of the roadbed subgrode, the contractor shall have CBR tests
performed on the subgrade soft. Three (3) copies of the test results shall be submitted to the County. If a subgrade soil
CBR of 10 or greater is not obtainable, a revised pavement design shall be made by the design engineer and
submitted with the test results for approval.
6. All slopes and disturbed areas ore to be fertilized. seeded and mulched. The maximum allowable slope is 2:1
(horizontol:verticcl). Where reasonably obtainable, lesser slopes of 4:1 or better are to be achieved.
Z Surface drainage and pipe discharge must be retained within the public right-of-way or within easements prior to
acceptance by VDOT. All drainage outfall easements are to be extended to a boundary line or a natural watercourse. The
contractor shall field verify the length of all storm drainage pipe.
8. Guardrall locations are approximate. Exact length, location and appropriate end treatments will be field determined at
the time of construction Additional guardral may be required at locations not shown when, in the opinion of VDOT, the
Director of Engineering, or the Directors designee, it is deemed necessary. When guardrol is required, it shall be
installed four (4) feet offset from the edge of pavement to the face of guardrail, and roadway shoulder widths shall be
Increased to seven (7) feet.
9. Where urban cross sections are Installed, all residential driveway entrances shall conform to VDOT CG-9(A,B or C).
10. Where rural cross sections are installed, all residential driveway entrances shall conform to VDOT standard PE -1.
11. Paved, rip -rap Or stabilization mat lined ditch may be required to stabilize a drainage channel when, In the opinion
of VDOT, the Director of Engineering, or the Director=s designee, it is deemed necessary.
12. A minimum dear zone of ten (10) feet from the edge of pavement shall be maintained an all residential subdivision
streets. Additional clear zone may be required depending on the category of road design.
13. Compliance with the minimum pavement width, shoulder width and ditch sections, as shown on the typical pavement
section detail, shall be strictly adhered to. The cross elope shall be maintained as shown an the plans. Exceptions will
not be allowed.
/4. All required signs (stop. street name, speed limit signs, etc.) are to be furnished and installed by the developer prior
to acceptance Signs and their Installation shall conform to *Albenorle County Road Naming and Property Numbering
Ordinance and Manuoleand the Virginia Manual for Uniform Traffic Control Devices. The locations of all signs
are shown on the plans. The developer shall be responsible for maintenance of the signs until the roadshave been
accepted into the state secondary road system. The speed limits to be posted an speed limit signs are to be
determined by VDOT prior to acceptance. The speed limit is to be posted Smph blow the design speed.
15. Road plan approval is subject to final subdivision plat Validation. Should the final plat far this project expire prior to
signing and recordation, then approval of these pians shall be null and void.
16. Traffic control or other regulatory signs or barricades shall be installed by the developer when, in the opinion of the
Director of Engineering. Or the DirectorAs designee, they we deemed necessary in Order to provide safe and convenient
access.
17. Use VDOT standard CO -1 or CD -2 underdrains under the subbase material at all cut and fill transitions and grode
sog points.
18. A video camera inspection is required for oil storm sewers and culverts that are deemed inaccessible to VDOT
Inspections and are to be accepted into VDOT's maintenance program and ownership. The video Inspection shall be
conducted In accordance with VDOYe video camera Inspection procedure and with a VDOT and/or County Inspector
present. In oddltion, if high-density polyethylene (HDPE) pipe or pipe system is installed, the contractor and a
representative from the pipe manufocturer should hold a preconstruction meeting far installation training. The pipe
manufacturer should spend a Albemarle County Engineering h Public Works Policies July 1998; Revised 30 January 2003
minimum of two hours an the job site during the initial pipe installation.
F
W
W
x
O
U
tic No � S
�i (ip 2Z
v
r4uL 1
DATE: 1-25-2008 I
FILE NO. P -BCH
AcnoR 1 SHEET 1 OF 4
Ed
M
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c
v
i
L
Q
G.1�lett\OUNa.a Citltes\l"G NVGA 06W..q, 4/2/20W 2:42 3
d �
i j
\ PHASE 2B
RIVER CHASE
- DUNLORA O
1 LOT 334 -- -I' D.B. 13408 PG o
1 USE RE DENTAL -
BM=SAN. MH USE RESIDENTIA _
TOP=396.02' � a i
PHASE 4A F.�
RIVER CREEK _ ,_- _ a•- x
DUNLORA J LOT 238
D.B. 1960 207 PG -- --. (- - _ - - ''w -- __--- - USE. RESIDENTIAL c
--
DRAINAGE AND 'T" W4TER `' I �'� . `� - ----- -�" v O
MANAGEMENT E $
D B 1960 PG. dY'� _ • P'1 <
USE DRAINAGE AND $ 1111A7EZ2
RESERVED AREA 1. MANAGEMENT
USE: OPEN SPACE
(VACANT) ; f 1 - - '•' R�- 3;L� _ =T
4 T • TOP -394.f)3' -
- --- -----
o
w - _ --
,�, s e ,- 1 sss
-J"ll 'T"
-4i
T RESERVED AREA - - TW• "I `, - I LOT 395
U USE: OPEN SPACE atAO�W `
I r nN - USE. RESIDENTIAL
VACANT m '
( "�"`"� u C LINE -SEE "SHEET 2'OF
WIDTH EASEMENT" USE: OPEN
I I III SPACE (VACANT) 1
INSTALL NEW LATERAL AS 1
L'I„I _Lr .) SHOWN TO LOT 395. EXISTING 1
LOT 394 I -F'- I ,LATERAL To"REMAIN IN SERVICE
USE: RESIDENTIAL LOT 396 "I UNTIL NEW LATERAL IS IN USE
P_ C�10+� Ii USE: RESIDENTIAL
TEMPORARY PUMPING MAY BE REOD.
END PROPOSED 5' PHASE 36
- ''
Ij
- -- -- CONCRETE SW - - 1-- - - - -- — -__ __- �I RIVERCREST
— -- - / CONNECT TO EXISTING SANITARY SEWER DUNLORA r l F�a
D.B. 2215 PG. w
'{ I I� I 461
NOTE. - -_ '---- __ __ _ si .y z .d.
CONTRACTOR SHALL UNCOVER ALL in BM=SAN• TV�H� W U C7
SERVICE LINES TO EXISTING LOTS I•_
PRIOR TO INSTALLING 6' MAIN. EVERY - Rj II TOP=420.34', a r k N x
PRECAUTION SHALL BE TAKEN TO PREVENT \
\ LOT LA O
DAMAGE TO THESE EXISTING LINES. \
USE: RESIDEIDE NTIAL
r � to ,CS` ,ZZZa
\\ EXISTING 4'NORTH
" I NAD A �' F V
CONCRETE m a
SIDEWALK O O
o0 -4Z
o
aZ a
0-4
d
;I'}F...TINI.
NEW SERVICES TO BE
INSTALLED AND TESTED �'I ! ii
WITH NEW MAIN.
CONNECTION TO THE NEW
SETTER WILL BE MADE ON a
CUSTOMER SIDE AFTER SETTING
25% SLOPE OR GREATER
�3TR OP
I
�a,O
GRAPHIC SCALE ENGINEERING GROUPIE -5-200
PROJECT STATUS DATE: 128
4 =+
- --' - -- _ it
_ ]4;LclF SCALE: 1' � 30'
PRK1R lO CONIECIING MOItl( MI MS MEA, A TEST PIT SNNL BE 1-6' VALVE --_--___ DESIGNER: TED
EXCAVATED AND THE HORIZONTAL AND VERTICAL LOCATION OF 11E V
EXWNG UWTY SHLL BE DETERMMM- -- -__ \ A'PC:'A 1 O..A ION -'ENTER-INE 1 TYe■A� tR FILE N0. P-006CH �+
5FILI'9'-RD' RI;GF COURT w
DATE AcnoH SHEET 3 OF 4
G'\PoJelWwJora GaEmWAC\DWG\00-K%XlAw9, 4/21200B 2 44:18
J4
\, I 3h Veeabn BMP C*MWWm Fw Wwbheeb 2-6
�-.` _ AEerrwle Canty Vebr Pmlac*w Ordiry Modeetl Slmpb t4aa00
PBD OfWa,e Oa" VMeler Fieaouce, Area oeermnoY erre
P""' TED Dale 2iMeq
-� allelMD 59- i P"W Daoa9e Area D—g--
me.n Taw 0eelaprnere Teee
annaw. Iu nave. L=IP(5Y+v121IG(A l
n.Wfaasara.�000s.omWn
.. �,�____ • . war.lom�
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P .�-nAa,awla
},\�-._'•�� - - __ V Iseree emanon— .Os hry A- 512
ShafVMlDn BMP Cuff u dwa Fw Woebheob 2.6
Aaermde Carly VNbr PlaleUm O G,W a AWM b Sxryk Ab6otl
Plan 0mm wr, 1A%b Rewume A— A.
PrepwNVr TED Dale 274.Hy4M
Pmpa Darrrge Ana De W"- D,WeOA—
LM ,bm M�a amen npwia. L=IPITVWI211G(A)'zT21
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Papa m�ncan4�iaamn nWlstowg see. A• 411
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RR moym nenaw LIpvU 1t(pn)
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0 4060 m ] 12150
0 0 Di eW4 b31
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J
GRAPHIC SCALE
11W .
I
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I
mtWO 4 I �
FsOEwAI: � I I I
l I I
y � .
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Required %RR = I(RFvWL(poat)1 ' 100
(Eased an VSWMH Eglrean 5-22)
- k ,
0
_ ----- t-
Ratlonal Method -TIme of Concentration (Tc)
,
l�_�MIF7®
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E_rlpiMr_
&1 m ID: PledewlopmeM EV— TED
_
A-51—
Nee: 512x Ore 4lL200B
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(TroI
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croea feablw l p area. a
1 9
(PpED) (pane Gma Dtcn)
w ee aW.nwer, Pw
Iq
1 - i ',
( I HydlWic rfdMs, r=WPw
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- — It - _I- - -
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100YR SrORAGES 7,713
2P
E 1 " tOYR 8 2.712 OF
-
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fmre
n 0H.
541 IWday
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49% <- chOOM, a Bar INer detention
P01a With a nRTDlw Me of 50%'
Rational Method - Time of Concentration (Tcl
Pm1fR 'Dunlora Gates_
NORM
l�_�MIF7®
suWnf IP. Poet Darlop t
E_rlpiMr_
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_
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pre'
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-
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le
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o Inl
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0 0 (bel
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rha'nrT�2W earSeOmwn U
(PpED) (pane Gma Dtcn)
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A � (am. sale
H.t N c recbg iu LOm
tNe naee�ai I Lm
tWe IwH <ae0 3rnm
4=
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aoerMa varm.ml
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taw „c tm
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aAatbn vi w �� 5800
rwtW W
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tWe o cve rewHg eaetor em
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.,Gr level 384513 et 71ID wo
y' 783
,!nape y T483
a.tr�gm �5 I r u raw. r
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s tw leve A T2D0 U50
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w.. Imr m n,xo59 Em zom
BIO -FILTER DETENTION BASIN NARRATIVE
1. THE REWIRED REMOVAL RATE FOR THE MmOPIIENT AREA (5 12 ACRES) Is
5.41 POUNDS OF PIH05PHQUROUS PER DAY THE LOADING Fpr THE DETAINED
AREA (4.11 ACRES) IS 1096 LBS OF PHDSPHQURQUS PER DAY. THE REWIRED
PERCENT REMOVAL RATE EQUALS THE REMOVAL RATE DIVIDED BY THE LOADING OR
49X BASED ON THIS A BIO -FILTER DETENTION BASIN AND SEDIMENT FOREDAY
WITH A PERCENT REMOVAL RAZE w 50% HAS BEEN SELECTED,
1 SEDIMENT FOREBAY HAS BEEN SIZED TO HOLD 1/4' PER IMPERVIOUS AREA OF
THE DEVELOPMENT AREA THE VOLUME OF THE FOBEBAY IS 1,812 CUBIC FEET,
WITH A WEIR ELEVATOR OF 38696. A CONCRETE WALL WITH A RECTANGULAR WEIR
AND BMP min,GE WILL SEPERATE THE FOREBAY FROM THE REST OF TIE POND
2. THE WATER QUALITY VOLUME (WOV) IS EQUIVALENT TO 1/2' PER IMPERVIOUS
AREA OF THE DEVELOPMENT AREA OR 3;634 CUBIC FEET THE WATER SURFACE
ELEVATION FOR TIE WOV IS 385.19. THIS LEAVES 1.19' BETWEEN THE BOTTOM OF
POND AND TIE DETENTION ORIFICE
3. ME DETENTION ORIFICE IS DESIGNED WITH A 8.75' DIAMETER HOLE AND AN
NVERT M 38519. THIS KEEPS TIE DISOHARGE FROM THE FADDTY FOR THE 2
AND 10 YEAR STORM BELOW THE ALLOWABLE DISCHARGE
4. BASED ON BASINFLOW ROUTING THE 2, ID, AND 100 YEAR WATER SURFACE
ELEVATIONS ARE 38657, 387.29, AND 38616 RESPECTIVELY
5. THE TOP WON OF THE DAMN IS B FEET IN ACCORDANCE WITH THE VIRGINIA
STORMWATER MANAGEMENT HANDBOOK SECTION 301
6. THE EMERGENCY SPILLWAY IS 5 FEET IN LENGTH WITH AN ELEVATION Or 388
43
1-25-2006
SCALE: 7' a SOr�
DATE ACTION SHEET 4 OF 4
G:\No1e1\da4ore Gres\ENG\DWG\O %D1 dw9,9/2/M0 24-,0 AO
to:
ley
U
Es
S D P2008 -013 D u n I o ra Gates (Note Some items on map may not appear in legend)
224 1- 1242 ❑ .yw^
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Q 2228 � 1268 ;,�� ',� :• ��.: �`s '� C ❑ R..,.
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2215 �� 126 + N..
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6�`�' V a 2$0 290
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2i9' X22130 62� 22iK22 Y 1270 1�2
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ft! v1 r Geographic Data Services
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*9262F-12�' is 8
gery 2002 Commonwealth of Virginia
March 18, 2008
Attachment B
11111 1 MINIM— U---- :1,"M��illillilililllllllllll111111
The Eli Tin c rin r;rou c
�IrIt.
April 4, 2008
Ms. Megan Yaniglos, Planner
County of Albemarle
Zoning & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SDP -2008-013 - Dunlora Gates
RE: Critical Slopes
Dear Ms. Yaniglos,
This letter and the attached Preliminary Site Plan shall serve to request a waiver of
Zoning Ordinance 1842 to allow the disturbance of critical slopes. As coordinated with
engineering, the applicant has revised the preliminary site plan to incorporate an extended
detention biofilter stormwater management facility and has moved the facility almost
entirely out of the stream buffer as shown on the attached plan. This allows for the
developer to reduce the amount of critical slopes disturbed within the stream buffer area.
By way of background information, the applicant seeks approval to construct 18
townhouse lots and approximately 640 linear feet of public roadway on approximately
7.90 acres of land at Tax Map 62-10, located approximately 375 feet from the
intersection of Townbrook Crossing and Shepherds Ridge Run. The development is
by -right and at a density of 2.3 du/ac (dwelling units per acre), slightly more than half
of the allowable density of 4 du/ac.
Our justifications for this waiver are based on the applicant's ability to address the five
concerns as outlined in the Zoning Ordinance Section 18-4.2. First, construction on the
subject property is subject to approval of an erosion and sediment control plan that will
address concerns related to site erosion concerns. Secondly, excessive stormwater runoff
produced by the development will be treated by the onsite stormwater
management/biofilter facility. Next, the existing stream located onsite will not be
disturbed as will be provide on the erosion and sediment control plans. Furthermore, the
disturbed critical slopes do not appear to be shown on the County Open Space Plan, and
therefore, does not pose a significant loss of aesthetic resources. The site is also served
by public water and sewer, so there are no concerns relating to septic effluent. Finally,
the site is located outside of the public water supply overlay district and is located
entirely outside of the FEMA 100 -year floodplain.
2148 lkikmai Ih'nc Chad, tt .ill V \ 221111 434 v7,;.. ; ) Attachment C
J },14 4.3-}.1 3 }hti4 1.i� � ,I�.nlui��tittlliv„ru:;�ya�ul„
Letter to Megan Yaniglos
April 4, 2008
Page 2
Based on the above, the applicant respectfully requests a waiver of the reference zoning
ordinance sections to allow disturbance of critical slopes to install the proposed
improvements. Since stormwater detention facilities are allowed within the critical
slopes disturbance, that area does not need to be included in the request. The applicant
has also greatly minimized disturbance within the stream buffer, thereby showing
sensitivity to this valued natural resource of Albemarle County.
We thank you for your time to review this request and feel free to contact me with any
questions or if you require additional information.
Very Truly Yours,
Michael My s, P.E.
Branch Ma ager
cc: Jim Gates
t ltc 1',tt �i�t'�rPJgPt1Qµ�}gr}ates\CORRGSP1Comment resparse Letter to Megan Yaniglos-Re-Critical Slopes-3-3-08.doe
'' Attachment C ��
II a i Yt� 7 ._" C
March 3, 2008
Ms. Megan Yaniglos, Planner
County of Albemarle
Zoning & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SDP -2008-013 - Dunlora Gates
RIS: Waiver of Curb and Gutter
Dear Ms. Yaniglos:
This letter and attached Preliminary Site Plan shall serve to request a waiver of Zoning
Ordinance 18-4.12.15(g), pursuant to 18-32.7.2.7 that requires the developer to install
curb and gutter ibr onsite roadways.
By way of background information, the applicant seeks approval to construct 18
townhouse lots and approximately 640 linear feet of public roadway on approximately
7.90 acres of land at Tax Map 62-10, located approximately 375 feet from the
intersection of Townbrook Crossing and Shepherds Ridge Run. The development is
by -right and at a density of 2.3 du/ac (dwelling units per acre), slightly more than half
of the allowable density of 4 du/ac.
Our justifications for this waiver are based on existing conditions in the proximity of the
site and the applicant's requirement to provide adequate stormwater conveyance of
roadway and overlot runoff to an adequate stormwater conveyance system, and the
provision of adequate erosion and sediment controlling measures during and after
construction. The Dunlora neighborhood is characterized by a rural roadway section, and
therefore there is no curb and gutter on any site within a reasonable proximity of the
subject property. In order to maintain the character of the neighborhood, the applicant
respectfully requests that this waiver be approved. Further, since curb and gutter is
one effective way to convert roadway runoff, the applicant will provide an adequate
stormwater conveyance system using a combination of roadside ditches, -rate inlets and
concrete storm sewer pipe to convey runoff to a proposed stormwater management pond.
This will address concerns relating to runoff control and erosion and sediment control.
Based on the above, the applicant respectfully requests a waiver of the reference zoning
ordinance sections to not require the installation of curb and gutter for the approximate
640 -linear foot section of proposed publicly maintained roadway.
Attachment D
Letter to Megan Yaniglos
March 3, 2008
Page 2
We thank you for your time to review this request and feel free to contact me with any
questions or if you require additional information.
Very TrUIV Yours,
Michael F.. vers, P,1:.
f'
Branch Imager
cc; Jim elates
Attachment D Y CI
Yew
p n:�
i c '�a°� fS P
March'), 2008
Ms. Megan Yaniglos, Planner
County of Albemarle
Zoning; & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SDP -2008-013 - Dunlora Gates
RI: Waiver of' Sidewalk
Dear Ms. Yaniglos:
This tetter and attached Preliminary Site flan shall serve to request a waiver of Zoning
Ordinance 18-32.72.8 that requires the developer to install sidewalk in the development
By way of background information, the applicant seeks approval to construct 18
townhouse lots and related public roadway on approximately 7.90 acres of land at Tax
Nlap 62-10, located approximately 375 feet from the intersection of"Iownbrook Crossing
and Shepherds Ridge Run. The development is by -right and at a density of 23 du/ac
(dwelling, units per acre), almost half ofthe allowable density of 4 du/ac.
Our justifications for this waiver are based on the applicant's proposal to construct
sidewalk on one side of the street, and that the sidewalks will provide a logical
connection to the existing sidewalk system in the Dunlora neighborhood_ As shown on
the preliminary plan. the applicant proposes to construct a 5' -wide concrete sidewalk on
the east side of Townbrook Crossing/Townbrook Court from the offsite connection to
existing sidewalk to the cul-de-sac. The applicant also proposes to construct a 5' concrete
sidewalk on the north side of 'Iownbrook Crossing and extend it from the site to the
logical connection offsite into the Dunlora neighborhood. As shown, this will serve to
cffectively continue the pedestrian link through the neighborhood, Based on the small
size of the development, it would not be anticipated that additional sidewalk construction
would sen . -c considerable public purpose. Also, as is evident by a visual survey of the
neighborhood, it is very typical for developments to provide sidewalk on only one side of
the road.
Based on the; above, the applicant respectfully requests a waiver of the reference zoning
ordinance sectionsto allow for construction of the proposed sidewalk as shown on the
preliminary plan. .1 he sidewalk construction addresses the concern of the ordinance and
Attachment E 1`
Letter to Megan Yaniglos
March 3, 2008
Page 2
additional sidewalk construction is not warranted by this development. The applicant is
providing a safe and logical pedestrian link in the Dunlora community.
We thank you for your time to review this request and feel free to contact me with any
questions or if you require additional information.
Very Truly Yours,
Michael F yers, P.E.
Branch Manager
cc: Jim Gates
0 'Jlrgiect`Uunlora (iates'CORRIiSP',Pmmntcnt response fetter to Megan Yanigim-Re-Waver ol'Sidettalk-3-3.08 doc
..rte'""vr.--'S'-wrw,n-• �-.r........-
Attachment
L _t it
Ire° A_4rt.'.f
March 3, 2008
Ms. Megan Yaniglos, Planner
County of Albemarle
Zoning & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SIJP-2008-013 - Dunlora Gates
RI;: Open Space Approval
Dear Ms, Yaniglos,
"This letter and attached Preliminary Site Plan shall serve to request approval of proposed
Opel] space consistent with Zoning Ordinance Section 18-4.7.
BY `+ay ofbackground information, the applicant seeks approval to construct 18
tow11110use lots and approximately 640 linear feet of public roadway on approximately
7.90 acres of Land at Tax Map 62-10, located approximately 375 feet from the
intersection of'lownbrook Crossing and Shepherds Ridge Run. The development is by -
right and at a density of 2.3 du/ac (dwelling units per acre), slightly more than half of the
allowable density of 4 du/ac. Approximately 3.3 acres of open space are proposed.
The approval ofthis open space meets the intent of the ordinance. First, the majority of
the 3.3 acres open space is natural, undisturbed open space that may be used for passive
recreation purposes. Also, the open space parcel is well-connected to other open space
uses as is evidenced on the preliminary plat, "There are no adjacent uses that are
dissimilar, so the open space provision is well -fitted for this application. Also, there is
adequate access from the development to the open space based on the site layout and on
the mix of both steep and gentle slopes that are found in the open space parcel -
Based on the above, the applicant respectfully requests approval of'open space pursuant
to 18-4.7. We thank you fbr your time to review this request and feel free to contact me
with anv questions or if you require additional information.
Very Tr ly Yours.
Michael Nly P.I;.
Branch Manager
cc: Jim bates
f. d'mlect`Ihmluia tllcs : URR1 f',Chmmrni respunse 101or to Megan Yan12l0s-ke_WaJVCr o/ 0pol tipncr-;_i,pg nuc
Attachment F�
1 (Ldiii i Mtt�%�Ll.� i L� 1 VQ`.1 Vi+
APPROVED
by the Albemade County
Community Development Department
Dane 1Z.Sv�yt 7c�k
F4 SJ l "J31 U-1
COMMONWEALTH OF VIRGINIA
OF TO WIT,
------ A NOTARY PUBLIC IN AND FOR THE
(PRINT NAME)
OF ---------- COMMONWEALTH OF VIRGInTA,
DO HEREBY CERTIFY THAT
WHOSE NAME IS SIGNED TO 'THE SUBDIVISION CERTIFICATE HAS
ACKNOWLEDGED THE SAME BEFORE ME IN MY -------------------------- AND
COMMONWEALTH AFORESAID
GIVEN UNDER MY HAND AND SEAL THIS _,.___SAY OF , 20_ -
(NOTARY PUBLIC) fMY COMMISSION EXPIRES)
SOURCE ❑F TITLE
THE PROPERTIES EMBRACED WITHIN THE LIMITS OF THIS
SUBDIVISION WERE CONVEYED AS FOLLOWS,
THIS PROPERTY WAS CONVEYED TO THE SUSIE B, BROWN ESTATE
BY WILL IN WB. 45 PGS. 12 & 13, DATED AUG. 3, 1966. BEING
THE SAME PROPERTY CONVEYED TO SUSIE D. .BROWN BY DEED
RECORDED IN D,& 169 PGS, 347-349 DATED MARCH 8, 1919, AND
RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT FOR
ALBEMARLE COUNTY,
BY' ------ ----------
BRUCE S, HULCHER, P.E.
CODE OF VIRGINIA t5,2-2262
SUBDIVISION CERTIFICATE
THE SUBDIVISION OF LAND SHOWN HEREON DESIGNATED AS DUNL.ORA
GATESSUBDIVISION, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE
DESIRES OF THE UNDERSIGNED OWNER, THERE IS NO MORTGAGE ON THIS PROPERTY.
ALL EASEMENTS, STRIPS, AND ROADS ARE OF THE WIDTH AND EXTENT SHOWN AND
ARE DEDICATED TO THE COUNTY OF ALBEMARLE, VIRGINIA, ALL EASEMENTS ARE FOR
SURFACE AND UNDERGROUND DRAINAGE AND UNDERGROUND AND OVERHEAD UTILITIES,
UNLESS AS OTHERWISE NOTED ON THIS PLAT, AND ARE SUBJECT TO THE RIGHT OF
THE COUNTY OF ALBEMARLE, VIRGINIA, TO ESTABLISH ALLEYS ON SAID EASEMENTS AT
ANY FUTURE TIME WITHOUT COST FOR PROPERTY INVOLVED,
GIVEN UNDER MY HAND AND SEAL THIS_ `.DAY OF.
ENGINEER'S CERTIFICATE
TO THE BEST OF MY KNOWLEDGE AND
BELIEF, ALL OF THE. REQUIREMENTS AS SET
FORTH IN THE ORDINANCE FOR APPROVING
PLATS OF SUBDIVISIONS FOR RECORDATION
IN THE COUNTY OF ALBEMARLE, VIRGINIA
HAVE BEEN COMPLIED WITH ALL STONES
WILL BE SET BY NOVEMBER 30, 2006.
BRUCE S. HULCHER, P.E,
CODE OF VIRGINIA 15.2-2262
OPEN SPACE & RESTRICTIONS
THE OPEN SPACE IS DEDICATED FOR THE USE AND
ENJOYMENT OF THE HOMEOWNERS OF DUNLORA—GATES, AND IS
NOT DEDICATED FOR THE USE OF THE GENERAL PUBLIC.
2006
GENERAL NOTES
1.) OWNER/DEVELOPER
SUSIE D. BROWN ESTATE
PHONE: (804)
FAX (804)
W. B. 45, PGS. 12 & 13
HULCHER & ASSOCIATES, INC.
CONSULTING ENGINEERS
2,) 5901 LAKESIDE AVENUE
RICHMOND, VA 23228
PHONE (804) 282-7622
FAX (804) 262-8215
ATTN: WAYNE E. MAYTON
SITE DATA:
R-4 ZONING
3.28 AC. OPEN SPACE
3.94 AC. IN LOTS
0.68 AC. IN R/W
0.05 AC. IN OTHER LOT
7850 AC. TOTAL
FAX MAP & PARCEL# 622-10
THIS PROPERTY IS LOCATEO IN
THE UPPER RIVANNA
WATF-RSHED
DUNLORA GATES SUBDIVISION
_COUNTY OF ALBEMARLE, VIRGINIA
\,'lll 1)A'iF; P NF:'f5. 20()6 �C'ALF. 1' :-100
SHEET 2 OF 2
l
N�
fffWiTER & 4SSOCIATES, INC.
CONSULTING ENCINEEXS
�,,.;� RICHIIIOND, IlIr4G'INI.4
�$04) 26,2-7622 • F,4.i'.• 26,2-8,215
Attachment G z�
PHASE 36 RIVER CREST
DUNLORA
PLAT O D. B. 2215, PG. 461-467
\ � `
1 \
7V\\\
l \
\\-------------
RESERVED AREA
i LOT
X33 g1�E
/
IA 778
1 ; o • 1
ii #394' rn
EXI$� a Ill
R=400.OQ' _ ,/W 100
,,, 00
15.10" ' v"
------------------ -92.7
O '
TOWNBROOK CROSSING L
1=450. ' I
LF44.541 R -450.00-
L-5,9-80'
I
LOT 'I LOT
I
#396 #395
1
--------- ----- -
-----------
EX/S77NG
OPEN SPACE
OLD ROAD BED
EXIS77NG R/W TO BE ABANDONED
1Y;+....,° — \14
\_j7 ,.\ 13
cr 11,p61 -:n 6J
e
114,194 S.F
?—.;7 -- \°').
12,213 S.F\c
— � r
12,502 S.F. (lr
O
�j 12375 STJT
9 -1
I 12,375 S•F• �►'
12,099 S.F. I
[_L=116 GY
(rw.)
\BUILDING 1
AREA
7
x,16, t,5l-
W
OPEN SPACE
N 10'48'50" W
45.09'
14- SINGLE
FAMILY LOTS
525'- STREET 1
FLAT IRON
S BAR FOUND
RESERVED AREA
PHASE 4A RIVER CREEK
DUNLORA
LOT PLAT O D. 8. 1960, PG. 207-212
i \
Z' � 435
P r� "
�i
r- LOT (j332
LOT #333 \
y o LOT #3341
N ;,,: I 1►. j \\
.. N
IPF LOT #237 )1�
\
LOT #238
-----+
,
PHASE 2B RIVER CHASE
DUNLORA
\\ PLAT O D. B. 1408, PG. 344-352
�yTx
of
\\ s t
BRUCE S. HULCHER ;j DUNLORA GAT .. SUBDIVISION
No.5225 I„
COUNTY OF T.RFM ART F VIRGINIA
rcHp1� DATE: JUNE 26, 2006 SCALE: 1"=100'
SHEET 2 OF 2
h'ULCfIER a�'
WATERS of THE UNITED STATES ASSOCf,4TES; INC.
#239 CONSULTING ENGINL'ERS
WETLANDS RICE MOND,, lII)?4qINj4
(ao�/ jw.Z--76ze • Pdx.• zu-8216
Attachment G�
\•!r a Q
s
COUNTS (W ALBEMARLE
Departmmni of Cun"nunh) lh•v 0opmmnt
401 McIntire Road, Room 22"7
Charlottesville, Virginia 22902-4596
Phont (434) 290-5832 Fax (434) 472-4012
We 1I W6
\1 a� n: INIavirIII
5001 Lak:skle Ave
Rkhnron? `A 23228
RE: SUB 2Ut)hAD9 i)untora (Tates- t'rt:HmWan Suhdbkhn flat
Tax Map fit Farcel 10
Dear N1T. NIMIDn:
'Me A bernw l;: Cuun, Planning C_'ommkjon, at its n Ding on June 6- 2006, tool: the tollmt inq actions
on `your five waiver requests and appropriateness of proposed Open Space for W130006-1 M, Dunlort
Gales - Prelin-611ar\ Subdivision plat.
T�eg_irdin �'�u_r re�u�_tit_ S(r the this commi oml
dented the request h.) a vete of 0:0. -
Re,�ar�iin-�.�ur rL_guest fitl_the �ta_it•er-ctf Se:c_tii>>-r_l_4-�? IO�I�, in`t_a,)latinn of curb and gutter the
Commission appro\ed the request b) a Note of b:0_ - -
Rcgardir oiir rc_qut:tit for t�t�t��er o� 5ectittn.l4_4�2(F��i»stallaiion of sidmal�s for a cafe sided sidcttdlk,
the Cotnntission approved the request by a vote of 6:0. subject to the toiluwing condilion:
Sidct�2rll.s shstll he prm•ided on the inner circle side of the propt,scd road. to c��nuect to e�i��tin�!
sidew; lk, in Dunforw including a annsided AdCV1n1k frn 1h: stub 0111 s::tiuti ofihe read to ih:
tall 01'01C Cul-dC-sa:.
R�gard.ii} t>ur rec�ue_st for the s�aiver of_Se�tion 14- - ?(F t Inst ill tlictn- nl phmtin� tri �s, the ComtnrsTic n
denied the request h� a vote of 6:0.
Ree m i n � ctur reciuest lm cr-_ kn 51(�hts. the Commission appro% ed the
request by a ante (,f 6.0.
)tr:tnrdin�vcnir redo:a_for_thr_��,ti��:_nf`��iir(�rJ-'1-_�=nZ'�•n �t,ic_e. the Cummrs�inn apprn,c•c] the request.
per the staffs recomnu•ndakm as shown on Attachment A. by a vMe of 6.O.
Attachment H
(AM should hay mo
CO qo"Oml or cnmnwnm ardinp Ow a,,,
'"C' n)c at (434) 296-5832Hulce! action
swcow
Keith Lancaqcj
Manner
Znnittl & Current
KI_ acl
Cc: c"JIch SIo\Nv
600 Knouge Circle, CjI,
V:� 2290�
Bwwm Susan D FsWe CX)
'"5 Free Auk RA CjaHM&,WQ, VA
Flia Card
Anw)m AICCIIIIC
Jiicl,
SOVU A IWIOUSC
St too OUIO�11 .
hic 2 v; 2
hmc A 2w,
Pl"Nc do not ltesil,tte t1,
Attachment H
71
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Attachment I
Imo•+ i``__\� \` � ,
1
IRS
fit
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10 4,3
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m
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP -2008-013 Dunlora Gates
Staff: Megan Yaniglos- Planner
Planning Commission Public Hearing:
Board of Supervisors Hearing:
March 25, 2008
Not applicable
Owners: Dunlora Gates, LLC
Applicant: The Engineering Groupe, Inc.
Acreage: 7.9 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 62 Parcel 10
By -right use: R4- Residential
Location: Located on Townbrook Crossing
approximately 0.071 miles from the intersection of
Shepherds Ridge Road and Townbrook Crossing in
the Dunlora Subdivision.
Magisterial District: Rio Magisterial District
Proffers/Conditions: No
Requested # of Dwelling Lots: 18 attached single
DA — 7.9 acres RA — n/a
family residential lots
Proposal: Proposal for 18 attached single family
Comp. Plan Designation: The
residential lots adjacent to Dunlora with waivers and
Comprehensive Plan designates this property
open space.
as Neighborhood Density in Urban Area 2.
Character of Property: The property is a vacant
Use of Surrounding Properties:
wooded site in the development area adjacent to the
Residential/Single Family Attached Homes,
Dunlora subdivision.
Residential/Single Family Detached Homes
Factors Favorable: (multiple — see report)
Factors Unfavorable: (multiple — see report)
RECOMMENDATION:
Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
2. Section 4.7- Open Space (recommendation, approval)
Subdivision Ordinance Waivers:
3. Waiver of Section 14-410 (1)- Installation of Curb and gutter (recommendation, approval)
4. Waiver of Section 14-422 (E)- Installation of sidewalks (recommendation, approval)
STAFF PERSON: Megan Yaniglos- Planner, Phil Custer- Engineer
PLANNING COMMISSION: March 25, 2008
AGENDA TITLE: SDP 2008-013 Dunlora Gates —Preliminary Site Plan
APPLICANT: The Engineering Groupe, Inc
PROPERTY OWNERN: Dunlora Gates, LLC
APPLICANT'S PROPOSAL:
Request for preliminary site plan approval to create 18 lots with open space on 7.9 acres. The property is
zoned R-4, Residential, described as Tax Map 62 Parcel 10 and is located in the Rio Magisterial District
on Townbrook Crossing approximately 0.071 miles from the intersection of Shepherds Ridge Road and
Townbrook Crossing [Attachment A].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Neighborhood Density in Urban Area 2.
REASON FOR PLANNING COMMISSION REVIEW:
The applicant has requested waivers for the installation of curb and gutter, sidewalks, the disturbance of
critical slopes, as well as approval of proposed open space associated with the proposed preliminary site
plan.
PLANNING AND ZONING HISTORY:
SUB2006- 109- Dunlora Gates Preliminary Subdivision Plat to create 14 lots- In June 2006 the Planning
Commission took action on five waiver requests and appropriateness of proposed open space. The
Commission approved the request for waivers for the installation of curb and gutter (6:0 approval),
installation of sidewalks (for a one-sided sidewalk) (6:0 approval), the disturbance of critical slopes (6:0
approval), and approved the open space (6:0 approval) [Attachments G and H]. The preliminary plat was
then approved in July 2006. The applicant did not submit final plans for the subdivision within one year
of preliminary approval, and therefore the approval of the preliminary plat was deemed null, along with
any of the approved waivers.
The waivers being requested with the current proposed site plan are similar to the waivers granted by the
Commission in the review of the previous subdivision. Also, the current request is similar to the ones
previously approved, no change to the ordinance has occurred and staff has considered the prior action
to grant the waivers as a favorable factor in approving the waivers in this case.
DISCUSSION:
The Planning Commission will need to act on the waiver requests, and make findings on the
appropriateness of the proposed open space. This staff report is organized to address each issue
separately. The Commission must act on all of the items. The items to be addressed are:
Zoning Ordinance Waivers:
1. Waiver of Section 4.2.5 — disturbance of critical slopes (recommendation, approval)
2. Section 4.7- Open Space (recommendation, approval)
Subdivision Ordinance Waivers:
3. Waiver of Section 14-410 (I)- Installation of Curb and gutter (recommendation, approval)
4. Waiver of Section 14-422 (E)- Installation of sidewalks (recommendation, approval)
1. CRITICAL SLOPES MODIFICATION
The disturbance of critical slopes is requested by the applicant to construct the roadway and townhouses,
perform grading operations, and install a stormwater management facility.
A modification to allow critical slopes disturbance is necessary before the preliminary site plan can be
approved by the Planning Commission. The request for a modification has been reviewed for both the
Engineering and Planning aspects of the critical slopes regulations. Section 4.2.3.2 of the Zoning
Ordinance restricts earth -disturbing activity on critical slopes, while Section 4.2.5(b) allows the
Planning Commission to waive this restriction. The applicant has submitted a request and justification
for the waiver [Attachment C], and staff has analyzed this request to address the provisions of the
ordinance.
Critical slopes cover approximately 2.19 acres, or approximately 28 percent, of the 7.9 acres included in
this request. This request is to disturb 0.575 acres, or 26 percent, of these critical slopes. The critical
slopes in the area of this request do not appear to be man-made. Staff has reviewed this waiver request
with consideration for the concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled
"Critical Slopes." These concerns have been addressed directly through the analysis provided herein,
which is presented in two parts, based on the Section of the Ordinance each pertains to.
Section 4.2.5(a)
Review of the request by Current Development Engineering staff:
Description of critical slope area and proposed disturbance:
The critical slope area, within TMP 62-10, appears to be natural slopes. The disturbance of critical
slopes is requested by the applicant to construct the roadway and townhouses, perform grading
operations, and install a stormwater management facility.
Areas
Acres
Total site in Dunlora
7.85
Gates
Critical slopes
Approx.
Approx. 28% of
2.19
development
Critical slopes disturbed
0.575
Approx. 26% of critical
slopes
Below, each of the concerns of Zoning Ordinance section 18-4.2 is addressed:
1. "movement of soil and rock ".-
Proper
:Proper slope construction, control of drainage, and vegetative stabilization with approved
erosion control measures constructed within the standards of Virginia Erosion and Sedimentation
Control Regulations will prevent any movement of soil.
2. "excessive stormlwrter run-off":
Stormwater runoff will be controlled by the drainage / stormwater management plan required
for this site.
3. "siltation of natural and man-made bodies of tivater
There is an existing stream located on the eastern half of the property. The areas of critical
slope disturbance are located to the west of the stream and outside of the stream banks.
Engineering recognizes the proposed design as being imperative to providing access to the site
with minimal disturbance to the critical slope areas and no proposed disturbance to the existing
stream. Inspection and bonding by the County will ensure siltation control during construction.
Proper stabilization and maintenance will ensure long term stability.
4. "loss of aesthetic resource ".-
This
:This site is visible from the Dunlora Subdivision. The site has existing wooded areas
throughout the property. The majority of the onsite aesthetic resources will be preserved with
this plan.
5. "septic effluent
No septic systems or drainfields are proposed in this project. This site is accessible to the
public sanitary sewer system.
This site does not drain into a waterway that is a public drinking water supply for Albemarle County.
No portion of this site plan is located inside the 100 -year flood plain area according to FEMA Maps,
dated 04 February 2005.
Exemptions [18-4.2.6c]:
A portion of the site may be considered exempt of the regulations of section 4.2. Critical slope
disturbance needed to construct a SWM facility may be considered exempt provided that no reasonable
alternative alignment with less disturbance is possible. However, engineering review has determined
that the currently proposed configuration of the stormwater management facility can be amended to
disturb fewer critical slopes by narrowing the biofilter, possibly adding a small site wall, and sliding the
facility away from the stream.
EnjZineerinjj Recommendation:
Based on the above review, engineering recommends approval to the critical slope waiver with the
condition that no critical slope disturbance occurs within the stream buffer except for the necessary
stormwater conveyance system from the SWM facility to the stream.
Review of the request by Current Development Planniniz staff:
Summary of review of modification of Section 4.2:
The Planning analysis of this request addresses the concern for the possible loss of aesthetic resources.
Some of the critical slopes on this property are delineated as Major or Locally Important Stream Valleys
or Mountain on the Composite Map for Urban Neighborhood One and Two [Attachment I]. However,
the area of critical slopes proposed for disturbance are not delineated on the Open Space Plan Concept
Map, nor are they located within any Major or Locally Important Stream Valleys, or Mountains.
Therefore, staff feels there is no significant loss of aesthetic resources.
Section 4.2.5 establishes the review process and criteria for granting a waiver of Section 4.2.3. The
preceding comments by staff address the provisions of Section 4.2.5(a). Staff has included the
provisions of Section 4.2.5(b) here, along with staff comment on the various provisions.
The commission may modify or waive any requirement of section 4.2 in a particular case upon finding
that:
Strict application of the requirements of section 4.2 would not, forward the purposes of this
chapter or otherwise serve the public health, safety, or- welfare, or that alternatives proposed by
the developer would satisfy the purposes ofsection 4.2 to at least an equivalent degree; of -
(Added I1-15-89)
The currently proposed configuration of the stormwater management facility can be amended to
disturb fewer critical slopes by narrowing the biofilter, possibly adding a small site wall, and
sliding the facility away from the stream.
No alternative has been proposed that would satisfy the purposes of section 4.2 to at least an
equivalent degree.
2. Due to its unusual size, topography, shape of the property, location of the property or other
unusual conditions, excluding the proprietary interest of the developer, the requirements of
section 4.2 would effectively prohibit or unreasonably restrict the use of the property or would
result in significant degradation of'the site or adjacent properties. Such modification or waiver
shall not be detrimental to the public health, safety or welfare, to the orderly development of the
area, or to adjacent properties, or be contrary to sound engineering practices; or (Added 11-15-
89)
Denial of this waiver would not prohibit or unreasonably restrict the use of the property.
Approval of this request would accommodate the by -right development of an infill property
within the development areas of the Comprehensive Plan, while the most important slopes on the
property would remain undisturbed in the proposed open space.
3. Granting such modification or titwiver would serve a public purpose of greater import than
would be served by strict application of section 1.2. (Added 11-15-89)
Staff has identified no evidence that the act of granting the proposed waiver would serve any
greater public purpose that would be served by a strict application of Section 4.2.
RECOMMENDATION:
Since both favorable and unfavorable factors have been identified under this section, staff is unable to
make an overall positive finding for the approval of the critical slopes waiver.
2. OPEN SPACE
This development proposes open space [Attachment F]. This open space is voluntary and not required
by any provision of the ordinance. However, all open space must be authorized by the Planning
Commission. Section 4.7 of the Zoning Ordinance below requires that appropriateness of open space be
assessed as follows:
4.7.1 OPEN SPACE, INTENT
Open space provisions are intended to encourage development approaches reflective of the
guidelines of the comprehensive plan by permitting flexibility in design. More specifically, open space
is intended to serve such varied comprehensive plan objectives as:
-Provision of active/passive recreation;
-Protection of areas sensitive to development;
-Buffering between dissimilar uses; and
-Preservation of agricultural activity.
To this end, in any rezoning, subdivision plat, or site development plan proposing inclusion of'
open space areas, the commission shall consider the appropriateness of such areas for the intended
usage in terms of such factors as location, size, size, shape and topographic characteristics.
(1) Most of the proposed open space, approximately 2.72 acres, is in the form of "natural" areas for
passive recreation.
(2) The applicant's open space plan identifies critical slopes as being part of the proposed open
space and drainage area.
(3) There are no dissimilar uses adjacent to this development to buffer.
(4) This proposal does not preserve agricultural activity. This will be an urban open space system.
(5) The location of the open space is appropriate in that it provides protection of critical slopes,
conservation of existing trees, and drainage area.
(6) The proposal includes approximately 2.72 acres in open space, which amounts to 34.4% of the
total site.
(7) The shape of the open space does not appear to pose any detriment to the development. Open
spaces are well connected to each other and have multiple points of access.
4.7.2 USES PERMITTED IN OPEN SPACE
Unless otherwise permitted by the commission in a particular case, open space shall be
maintained in a natural state and shall not be developed tiOth any man-made feature. Where deemed
appropriate by the commission, open space may be used for one or more of the following uses subject to
the regulations of the zoning district in which the development is located:
-Agriculture, ,forestry and fisheries including appropriate structures;
-Game preserve, wildlife sanctuaries and the like;
-Noncommercial recreational structures and uses;
-Public utilities,-
-Wells
tilities;
-Wells and septic systems for emergency use only (reference 4.1. 7)
-Stormwater detention and flood control devices.
There is an existing public sewer line located in the proposed open space as well as proposed stormwater
and other bioretention area. There is a proposed stormwater management facility within the open space.
However, the stormwater management facility can be amended to disturb fewer critical slopes and
increase the open space by narrowing the biofilter, possibly adding a small site wall, and sliding the
facility away from the stream.
4.7.3 OPEN SPACE, DESIGN REQUIREMENTS (Amended 11-15-89)
4.7.3.1 In addition to provisions of section 4.7.1 and section 4.7.2, in reviewing development proposing
incorporation of open space, the commission may require inclusion in such open space of -
(A mended
f(Amended 11-15-89)
- areas deemed inappropriate, for or prohibited to development such as but not limited to: land in
the one hundred year flood plain and significant drainage swales; land in slopes of twenty five (25)
percent or greater; major public utility easements; stortmvater detention andflood control devices,-
lands
evices;lands having permanent or seasonally high water table; (Amended 11-15-89)
- areas to satisfy provisions of section 4.16 Recreation Regulations; (Added 11-15-89)
- areas to provide reasonable buffering between dissimilar uses it,ithin such development and
between such development and adjoining properties. (Added 11-15-89)
=1.7.3.2 The commission may require redesign of such proposed development to accommodate open
space areas as may be required under this provision; provided that, in no case, shall such redesign
result in reduction of the total number of proposed dwellings unit otherwise realizable under this
ordinance, for conventional development. (Added 11-15-89)
(1) There is no flood plain in the open space or on the property.
(2) Most of the critical slopes are already shown in open space.
(3) An existing sewer line is already through portions of the open space.
(4) A stormwater detention facility to the north of the site drains through this open space.
(5) The soils located in the open space are shown to support seasonally high water tables as defined
in Table 39D Soil and Water Features of the United States Department of Agriculture Soil
Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985.
(6) Recreational areas are not required or proposed.
(7) Some of the open space provides a reasonable buffer from adjacent subdivisions and will
connect to the open space on the south side of the parcel.
(8) The proposed stormwater management facility could be redesigned to increase the amount of
dedicated open space by narrowing the facility and possibly adding a retaining wall.
4.7.4 OWNERSHIP OF OPEN SPACE
Open space in private ownership shall be protected by legal arrangements sr.rfcient to ensure its
maintenance and preservation for purposes./br which it is intended. Such arrangements shall be
subject to commission approval as a part of the site development plan and/or subdivision plat
approval process.
Open space may be dedicated to public use subject to approval and acceptance by separate
resolution of'the board of supervisors. Open space so dedicated shall be counted as a part of the
minimum required open space.
The entire 2.72 acres of open space shown on the plat is proposed to be in private ownership, and will be
maintained by a homeowners association.
RECOMMENDATION: Staff recommends that the Commission find the proposed open space
appropriate for the proposed development.
3. CURB AND GUTTER
This proposal would not provide curb and gutter for the public street. Section 14-410(H) of the
Subdivision Ordinance requires that "In the development areas, streets shall be constructed tivith
curb or curb and gutter, sidewalks and planting strips. Sideivalk and planting strips shall be
designed and constructed in compliance with section 14-422. " The applicant is requesting a waiver
from this requirement due to several factors [Attachment D].
REVIEW OF MODIFICATIONS TO SECTION 14-410: "Standards for all streets and alleys"
Section 14-410(H) of the Subdivision Ordinance requires streets in the development areas to be
constructed with curb or curb and gutter. Section 14-410(I) allows the Planning Commission to waive
the requirements as provided in section 14-225.1. The applicant has submitted the required information
for the waiver request. Staff analysis of 14-410(i) is contained below:
Consideration and findings:
(i) the number of lots in the subdivision and the types of lots to be served,-
This
erved;This plat will create an additional 18 single family attached lots.
7
(i i) the length of the street;
The street will be extended approximately 550 feet.
(iii) whether the proposed street(s) or street extension connects into an existing system of streets
constructed to a rural cross-section;
The connection will be made to a rural cross-section.
(iv) the proximity of the subdivision and the streets to the boundaries of the development and
rural areas,-
Two
reas;Two public streets are adjacent to this parcel, but this development is not adjacent to the rural area.
The rural areas are approximately 0.6 miles to the east.
(v) whether the streets terminates in the neighborhood or at the edge of'the development area or
is otherwise expected to provide interconnections to abutting lands;
The proposed street extension will terminate within the neighborhood.
(vi) whether a rural cross-section in the development areas furthers the goals of the
comprehensive plan, with particular emphasis on the neighborhood model and the applicable
neighborhood master plan;
The land use plan recommends neighborhood -friendly streets that provide curb and gutter. The
extension of Townbrook Crossing would be the only road section in this area with a curb and gutter
section for the public roads.
(vii) whether the use of a rural cross-section would enable a different principle of the
neighborhood model to be mor•e.fully implemented,-
None
mplemented;None have been identified.
(viii) whether the proposed density of the subdivision is consistent with the density recommended
in the land use plan .section of the comprehensive plan.
The land use plan calls for 3-6 dwellings per acre. This development will provide approximately
2.28 dwellings per acre.
In approving a waiver, the commission shall ,find that requiring curb & gutter tivould not forward the
purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, to sound
engineering practices and to the land adjacent thereto.
RECOMMENDATION: The use of curb and gutter will assist with the containment of the road
drainage and direct the flow more efficiently to the proposed SWM facility. However, the pattern of
development within the adjacent Dunlora neighborhood is rural cross-sections. Staff has reviewed this
request with consideration for the required criteria and recommends Planning Commission approval of
the waiver based on the findings provided herein.
4. SIDEWALKS
This proposal will provide sidewalks on only one side of the street [Attachment E]. Section 14-422 of
the Subdivision Ordinance requires that ".Sidewalks and planting strips for street trees and other
vegetation shall be established on both sides of each new street within a subdivision creating lots for•
single family detached and single family attached dwellings in the development areas. "
REVIEW OF MODIFICATIONS TO SECTION 14-422: "Sidewalks and plantinIz strips"
Section 14-422(A) of the Subdivision Ordinance requires sidewalks be established on both sides of each
new street within a subdivision in the development areas. Section 14-422(E) allows the Planning
Commission to waive the requirements as provided in section 14-225.1. The applicant has submitted the
required information for the waiver request. Staff analysis of 14-422(E) is contained below:
Consideration and findings:
8
(i) a waiver to allow a rural cross-section has been granted;
See prior section.
(ii) a surface other than concrete is more appropriate for• the subdivision because of the
character of the proposed subdivision and the surrounding neighborhood,-
The
eighborhood;The applicant is proposing a concrete sidewalk on one side of the street.
(iii) sidewalks on one side of'the street are appropriate due to environmental constraints such as
stream, stream buffer, critical slopes, floodplain, or wetlands, or because lots are provided
on only one side of the street;
The surrounding neighborhood has concrete sidewalks provided on one side of the street. No
environmental constraints exist.
(iv) the sidewalks reasonably can connect into an existing or , future pedestrian system in the
area;
The proposed sidewalk connects to the existing sidewalk on Townbrook Crossing.
(v) the length of the street is so short and the density of the development is so loll, that it is
unlikely that the sidewalk would be used to an extent that it would provide a public benefit;
The extension of the sidewalks will forward the goals of the neighborhood model for a pedestrian
oriented neighborhood, however the surrounding neighborhood only has concrete sidewalks
provided on one side of the street.
(vi) an alternate pedestrian system including an alternative pavement could provide more
appropriate access throughout the subdivision and to adjoining lands, based on a proposed
alternative profile submitted by the subdivider,-
No
ubdivider;No alternative is proposed by the applicant.
(vii) the sidewalks would be publicly or privately maintained,-
The
aintained;The sidewalk would be privately maintained by the Home Owners Association.
(viii) the waiver promotes the goals of the comprehensive plan, the neighborhood model, and the
applicable neighborhood master plan;
The waiver will not promote the goals of the neighborhood model.
(ix) waiving the requirement would enable a different principle of the neighborhood model to be
more fully achieved
Two design approaches of the neighborhood model are pedestrian oriented neighborhoods and
neighborhood friendly streets and paths. Waiving the requirements would not forward the goals of
the neighborhood model.
In approving a waiver, the commission shall find that requiring sidewalks would not forward the
purposes of ' this chaplet, or otherwise serve the public interest; and granting the waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, to sound
engineering practices and to the land adjacent thereto.
RECOMMENDATION: There are no engineering issues that prevent the construction of sidewalks on
both sides of the road in this subdivision. The adjacent areas have existing sidewalks on one side of the
street that promote the need for pedestrian access. Staff recommends Planning Commission approval of
the waiver based on the findings provided herein.
SUMMARY:
In conclusion, the Planning Commission will need to act on the waiver requests, and make findings on
the appropriateness of the open space. The issues that were presented above are listed below:
Zoning Ordinance Waivers:
1. Approval of the Waiver of Section 4.2.5 — disturbance of critical slopes
M
2. Approval of Section 4.7- Open Space
Subdivision Ordinance Waivers:
3. Approval of Waiver of Section 14-410 (I)- Installation of Curb and gutter
4. Approval of Waiver of Section 14-422 (E)- Installation of sidewalks
ATTACHMENTS:
A. Preliminary Plat
B. Location/Detail Maps
C. Applicant Justification of Critical Slopes Modification
D. Applicant Justification of Waiver of Curb and Gutter
E. Applicant Justification of Waiver of Sidewalks
F. Applicant Justification for approval of Open Space
G. Previously approved subdivision plat
H. Action Letter for previously approved subdivision plat
I. Open Space and Critical Resources Map
H
PRELIMINARY SITE PLAN
FOR
SFE DEVELOPMENT DUNLORA GATES
TOTAL PARCEL AREA .. . . .. . ... .....
. .. . 7.90 AC.
RESIDUE/OPEN SPACE AREA .. . . . .... ....
. .. 2.72 AC. (34.4x)
AREA OF PUBLIC ROW TO BE DEDICATED ....
..... 0.86 AC.
AREA OF LOTS . . . ... . . . . . . . . .....
. .. . 3.76 AC.
TOTAL PROPOSED LOTS . ..... ... .....
. ....18 LOTS (31 MAX)
MINIMUM LOT AREA . . . .. .... .. . .....
. . ... 0.12 AC.
MAXIMUM LOT AREA. . ... . . . .. .. ..
.. .. .0.38 AC.
AVERAGE LOT AREA . ... . .... . . ......
.. . . . 0.21 AC.
PROPOSED DENSITY ......................
2.28 DU/AC.
MAXIMUM IMPERVIOUS COVER . . . ... . ....
. .. . 52% (46% PROPOSED)
CURRENT ZONING . .. . . . . ... . .. . ... ...
.. R4 RESIDENTIAL
TAX MAP . ... . . . . . ... ..... ... . .
. . . . 62-10
SOURCE OF TITLE . . . . . . ... ... . . ....
... . D.B. 3413, Pg. 37
SOURCE OF TOPO. . . . . . . . . ... . .....
.. . . LOUISA AERIAL SURVEYS - DEC. 07
SOURCE OF SURVEY . .. .. . . .........
.. . . THE ENGINEERING GROUPIE, INC. - DEC. 01,
DATUM .. . . . . . .. . .... . . . . . ... .
. .... NAD 1983
BUILDING SETBACK (BRL) AND HEK34-IT REQUIREMENTS:
FRONT 25' MIN
SIDE 15' (MIN)
REAR 20' (MIN)
HEIGHT 35' (MAX)
APPLICANT - OWNER:
DUNLORA GATES, LLC
750 GREEN LN
FABER, VA 22938
CONTACT: MR. JIM GATES
(434) 962-3855
ALBEMARLE COUNTY ENGINEERING
GENERAL CONSTRUCTION NOTES FOR SiTE PLANS
RIO MAGISTERIAL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
1. Prior to any construction within my existing public right-of-way, Including connection to any existing road, a
permit shalt be obtained from the Virginia Department of
Transportotim (VDOT). This plan as drawn may not accurately reflect the requirements of the permit. Where my
discrepancies occur the requirements of the permit shall
govem.
2. All paving, drainage related materials and construction methods shall conform to current specifications and
standards of VOOT unless otherwise noted.
3. Erosion and siltation control measures shall be provided it accordance with the approved erosion control plan
and shall be installed prior to any dewing, grading or other
construction.
4. Alt slopes and disturbed areas are to be fertilized, seeded and mulched. The modmum allowable elope 1.2:1
(horizontal: vertical). Where reasonably obtainable, lesser slopes of 3:1 or better are to be achieved.
5. Paved, rip-rop m stabilization mat lined ditch may be required when In the opinim of the Albemarle County
Director of Engineering, or the Directors destgnee, It Is deemed necessary In order to stabilize a drainage
channel.
6. All traffic control signs shall conform with the Virginia Mmud for Uniform Traffic Control Devices,
7. Unless otherwise noted all concrete pipe shall be reinforced concrete pipe - Close III.
8. All exccvotim for underground pipe Installation must comply with OSHA Standards for the Construction Industry
(29 CFR Part 1926).
APPROVED BY:
AUIEMARLE COUNTY ENG04EER DATE
NRGW DEPARTMENT OF TRANSPORTATION DATE
ALODdARLE OOUNTY SERVICE AUTHORITY DALE
VICINITY MAP
1' se 2000'
SHEET INDEX
SHEET NO, MU
1 COVER SHEET
2-3 SITE PLAN
4 DRAINAGE DIVIDES AND BMP/SWM COMPUTATIONS
NOTES
1. THE SITE IS NOT LOCATED WITHIN A RESEVOIR WATERSHED.
2. THE SITE IS LOCATED OUTSIDE OF THE 100 YEAR FEMA FLOOOPWN.
3. ALL DRIVEWAYS ARE TO BE ASPHALT MATERIAL
ALBEMARLE COUNTY ENGINEERING
GENERAL CONSTRUCTION NOTES FOR PUBLIC ROADS
1. Prior to any construction within any existing public right-of-way. Including connection to any existing rood, a permit
shall be obtained from the Virginia Department of Transportation (VOOT). This plan as drown may not aceurataly reflect
the requirements of the permit. Where any discrepancies occur the requirements of the permit shall
govern.
2. Construction inspection of all proposed roods within the development will be made by the County. The contractor must
notify the Department of Engineering (296-5861) 48 hours in advance of the start of construction.
3. All materials and construction methods shall conform to current speefcations and standards of VDOT. All -ovation
for underground pipe installation must comply with OSHA Standards for the Construction Industry (29 CFR Port 1926).
4. Erosion and siltation control measures shall be provided In accordance with the approved erosion control plan and
must be installed prior to any clearing, grading or other construction.
5. Upon completion of fine grading and preparation of the roadbed subgrade, the contractor shalt have CEIR tests
performed on the subgrode sell. Three (3) copies of the test results shall be submitted to the County. If a wbgrode soil
CBR of 10 or greater is not obtainable, a revised pavement design shall be made by the design engineer and
submitted with the test results for approval.
S. All slopes and disturbed areas are to be fertilized, seeded and mulched. The maximum allowable slope Is 2:1
(horizontal: vertical). Where reasonably obtainable, lesser slopes of 4:1 or better are to be achieved.
7. Surface drainage and pipe discharge must be retained within the public right-of-way or within easements prior to
acceptance by VDOT. All drainage outfall easements ore to be extended to a boundary line or a natural watercourse. The
contractor shall field verify the length of all storm drainage pipe.
8. Guardrail locations are approximate. Exact length, location and appropriate end treatments will be field determined at
the time of construction. Additional guordrall may be required at locations not shown when, in the opinion of VDOT, the
Director of Engineering, m the Directors designee, it Is deemed necessary. When guarciroo Is required, It shall be
installed four (4) feet offset from the edge of pavement to the face of guardrail, and roadway shoulder width. shall be
Increased to seven (7) feet
9. Where urban arose sections are installed, oil residential driveway entrances shall conform to VDOT CG-9(A,B or C).
10. 1Mere rural cross sections aro installed, dl residential driveway entronces shall conform to VDOT standard PE -1.
11. Paved, rip -rap or stabilization mot lined ditch may be required to stabilize o drainage channel when, in the opinion
of VDOT, the Director of Engineering, or the Directors designee, it is deemed necessary.
12. A minimum dear zone of ten (10) feet from the edge of pavement shall be maintained on all residential subdivision
streets Additional dem zone may be required depending an the category of road design.
13. Compliance with the minimum pavement width, shoulder width and ditch sections, as has. on the typical poiement
section detail, shall be strictly adhered to. The cross Mope shall be maintained as shown an the plans. Exceptims will
not be allowed
14. All required signs (stop, street name, speed limit signs, etc) we to be furnished and installed by the develops pew
to acceptance Signe and their installation shall conform to 'Albemarle Canty Road Naming and Property Numbering
Ordinance and Manual -and the Virginia Manual far Uniform Traffic Control Devices. The locations of all signs
are shown m the plans. The developer shall be responsible for maintenance of the signs until the roads have been
accepted into the state secondary rood system. The speed limits to be posted on speed limit signs we to be
determined by VDOT prior to occeptance. The speed limit is to be posted 5mph below the design speed.
15. Road plan approval is subject to final subdivision plot validation. Should the find plat for this project expire prior to
signing and recordation, then approval of these plane shall be null and void.
16. Traffic control w other regulatory signs or barricades shall be installed by the developer when. M the opinion of the
Director of Engineering, or the Directors designee, they we deemed necessary in order to provide safe and canvenlent
access.
17. Use VDOT standard CO -1 or CD -2 underdrains under the subbase material at all cut and fill transition. and grade
sag point..
1& A video cameo Inspection is required for all storm sewers and culverts that we deemed inaccessible to VDOT
inspections and we to be accepted into VDOYs maintenance program and ownership. The video inspection shall be
conducted in accordance with VDOYe video camera Inspection procedure and with a VDOT and/or County Inspector
present In addition, if high-density polyethylene (HOPE) pipe or pipe system is installed, the contractor and a
representative from the pipe manufacturer should hold a preconstructIon meeting for installation training. The pipe
manufacturer should spend a Albemarle County Engineering & Public Works Policies July 1998: Revised 30 January 2003
minimum of two hours on the job site during the Initial pipe installation.
ACTION
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DATE: 1-25-2008
SCALE: 1'-30'
DESIGNER TED1
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FILE NO. t
P-OO6pi
SHEET 1 OF
Attachment A
RESERVED AREA
USE: OPEN SPACE
(VACANT)
PHASE
RIVER CHASE
DUNLORA
LOT 334 D B. 1408 PG
BM=SAN. MH "L 0 T 1-'15 USE RE TIAL 344
E RESIDENTIAL
PHASE 4A TOR 396.02'
RIVER CREEK
DUNLORA -- -------
D.B. 1960 PGLOT 238
207 ----- - USE: RESIDENTIAL
DRAINAGE AN R;
D S'1
MNAG,.lNT,9E,
D.B.D
1960 PGUSE. DRAINAGE AND
MANAGEMENT ANIA _NT
RESERVED AREA 3W
SE:OPEN SPACE avlow
(VACANT) EDIT1w.
101 314
USE: RESIDEN11.
P PC
C
5"
END PROPOSED 5'
USE:
(
CONCRETE SW
NOTE
CONTRACTOR SHALL UNCOVER
SERVICE LINES TO EXISTING LOTS
PRIOR TO INSTALLING 6'MAIN - EVERY Y
PRECAUTION SHALL BE TAKEN TO PREVENT
DAMAGE 70 THESE EXISTING LINES.LOT 393
USE.
RESIDENTIAL
1.11TIN 4'
CONCRETE
SIDEWALK
- -- --- ----
SPN EASLKI-NI
--- ------- - - ----- - -- --
ER
IP-------
PF" TO OMWC"GWORK IN THIS ATEA. A TEST M LL BE
94A
EXCAVATED ANO HI AM VORTICAL LOCATION OF THE
DISIM UTILITY SHALL BE DETERMINED.
- - --- ---- ------ - -- ------
-- --------- --
----------
-TW=394.�)3 --------
---- - --- --- - --- -- - ------------ -
--------------- -
- - - - -
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----- - ---- --- - ------- - --------------------- --- ---
Will
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LOT -1
USE RESIDENTIAL
NEW SERVICES TO BE
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SHEPHERDS RIDGE COURT
INSTALLED AND TESTED
WIDTH E'
WICOTH EASEMENT
WITH NEW MAIN.
CONNECTION TO THE NEW
t�4
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tATERAL TO,RIEMAIN IN SERVICE
t" To AIN
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LOT 396
USE, RESIDENTIAL
'W- ATER
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-
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PF" TO OMWC"GWORK IN THIS ATEA. A TEST M LL BE
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DISIM UTILITY SHALL BE DETERMINED.
- - --- ---- ------ - -- ------
-- --------- --
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---- - --- --- - --- -- - ------------ -
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Will
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USE RESIDENTIAL
"SHEET 2" OF
USE: OPEN
SPACE (VACANT)
PHASE 3B
RIVERCREST
DUNLORA
1) B. 2215 PG.
461
iCASIiNEx ST
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1-6- VALVE
V
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SHEPHERDS RIDGE COURT
DATE: 1-25-2008
WIDTH E'
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SCALE- I- - 30'
--
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"SHEET 2" OF
USE: OPEN
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PHASE 3B
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DUNLORA
1) B. 2215 PG.
461
iCASIiNEx ST
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1-6- VALVE
GRAPHIC SCA M
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SHEPHERDS RIDGE COURT
DATE: 1-25-2008
25% SLOPE OR GREATER
PROJECT STATUS
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DATE: 1-25-2008
SCALE- I- - 30'
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Attachment B
March 18, 2008
t .Y _ Z. "4..- y.x' � r `� 7 � � �`+d. R� f. _S d � �i �`�.,. C �N t:. � '•.� � p � v�.,r
March 3. 2008
Ms, Megan Yaniglos, Planner
County of Albemarle
Zoning & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SDI" -2008-013 - Dunlora Gates
RE: Critical Slopes
Dear Ms. Yaniglos,
I his letter and attached Preliminary Site Plan and Critical Slopes Exhibit shall serve to
request a waiver of "Zoning Ordinance; 18-4.2 to allow the disturbance of critical slopes.
Since the applicant is coordinating design issues relative to the stormwaer management
iaeility, the attached Critical Slopes Exhibit delineates the approximate area of critical
slopes to be disturbed. Upon approval ofthe waiver request, substantial conformance
with this exhibit will be provided on the final plans,
By way of background information, the applicant seeks approval to construct 18
townhouse lots and approximately 640 linear feet of public roadway on approximately
7.90 acres of land at Tax Map 62-10, located approximately 375 feet from the
intersection of Townbrook Crossing and Shepherds Ridge Run. The development is
by -right and at a density of 2.3 du/ac (dwelling units per acre), slightly more than half
ofthe allowable density of 4 du/ac,
Our justifications for this waiver are based on the applicant's ability to address the five
concerns as outlined in the Zoning Ordinance Section 18-4.2. First, construction on the
subject property is subject to approval of -an erosion and sediment control plan that will
address concerns related to site erosion concerns. Secondly, excessive stormwater runoff
produced by the development will be treated by an onsite stormwater management
facility. Next, the existing stream located onsite will not be disturbed as will be provide
on the erosion and sediment control plans. Furthermore, the disturbed critical slopes do
not appear to be shown on the County Open Space Plan, and therefore, does not pose a
significant loss of aesthetic resources. The site is also served by public water and sewer,
so there are no concerns relating to septic effluent. Finally. the site is located outside
ofthe public Nater supply overlay district and is located entirely outside of the FEMA
100 -year floodplain.
)U
Attachment C
Letter to Mean yaniglos
March -3, 2008
Pagc ?
Based on the above, the a
ordinance sections to heallpf}!'cant resPeCtfitlly req
unprovements, disturbance of critical slopesis a waiver of t}�e reference zoning
slo Since storm water detention ritic' ire alto stall the
pes disturbance, that area docs not need l be included i proposed
ed within the critical
1 e thank n the request.
}'ou for your ti
questions to review this re
or if }'ou require additional intortnation,
quest and feet free to contact me With any
Very "! r !y y
ours,
"Michael 1M ,yrs
Branch AJ, P.1;.
�nagcr
cc: Jim Gates
Cr l'ra7ecilhrul{ern (;ntcr<'Oh1Zt: SN',( umrnrnt resflnnsc
let[rr t��
ligan Yanrfikr,-Rc-
. _ t'rrtreal Slopes. i. }-11N dog
)rl
r;
March 3, 2008
Nls, Meagan Yaniglos. Planner
County of' Albemarle
honing & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SUP -2008-013 - Dunlora Gates
Rt:: Waiver of Curb and Gutter
Dear Mis. Yaniglos:
This letter and attached Preliminary Site Plan shall serve to request a waiver of' Zoning
Ordinance 18-4.12.15(-), pursuant to 18-32.7.2,7 that requires the developer to install
curb and gutter for onsite roadways.
By way of background information, the applicant seeks approval to construct 18
townhouse lots and approximately 640 linear feet of public roadway on approximately
7.90 acres of land at 'Tax Map 62-10. located approximately 375 feet from the
intersection of'1'ownbrook Crossing and Shepherds Ridge Run. The development is
zn
by -right and at a density of 2.3 dtuac (dwelling units per acre), slightly more than half
ofthe allowable density of du/ac.
Our 'ustificatie3ns fon this waiver are based on existing conditions in the proximity of the
site and the applicant's requirement to provide adequate storrnwater conveyance of
roadway and overlot runoff to an adequate storrnwater conveyance system, and the
nd sediment controlling measures during and after
provision of adequate erosion a
The Dunlora neighborhood is characterized by a rural roadway section, and
construction.
therefore there is no curb and gutter on any site with(nf hcase°ilborlpoodt7
theappl cant
subject property. In order to maintain the character
respectfully requests that this waiver be approved. Further, since curb and gutter is
one effective wav to convert roadway runoff, the applicant will provide an adequate
storrnwater conveyance system using a combination of roadside ditches, grate inlets and
concrete storm sevvcr pipe to convey runoff to a proposed storznwater rnanagtment pond.
'Phis will address concerns relating to runoff control and erosion and sediment control.
Based on the abo\ e, the applicant respectfully requests a waiver of the reference zoning
ordinance: sections to not require the installation of curb and gutter for the approximate
640 -linear t(�ot section Of proposed publicly maintained roadway.
Attachment ll
Letter to Megan Yaniglos
March 3, 2008
Page 2
We thank you for your time to review this request and feel free to contact me with any
questions or il"you require additional information.
Very Truly Yours,
Michael F� yers, P.C.
Branch - nager
cc: Jim Gates
P �
March 3, 2008
Ms. Megan Yaniglos, Planner
County of Albemarle
"Zoning & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SDP -2008-013 - Dunlora Gates
Rt:: Waiver of Sidewalk
Dear Ms. Yaniglos:
This letter and attached Preliminary Site Plan shall serve to request a waiver of Zoning
Ordinance 18-32.7.2.8 that requires the developer to install sidewalk in the development
lay wav of background information, the applicant seeks approval to construct 18
townhouse lots and related public roadway on approximately 7.90 acres of land at Tax
Map 62-10, located approximately 375 feet from the intersection of Townbrook Crossing
and Shepherds Ridge Run. The development is by -right and at a density of 2.3 du/ac
(dwelling units per acre), almost half of the allowable density of 4 du/ac.
Our justifications for this waiver are based on the applicant's proposal to construct
sidewalk on one side of the street, and that the sidewalks will provide a logical
connection to the existing sidewalk system in the Dunlora neighborhood. As shown on
the preliminary plan, the applicant proposes to construct a 5' -wide concrete sidewalk on
the cast side ofTownbrook Crossing/hownbrook Court from the offsite connection to
existing sidewalk to the cul-de-sac. The applicant also proposes to construct a 5' concrete
sidewalk on the north side of Townbrook Crossing and extend it from the site to the
logical connection oftsite into the Dunlora neighborhood. As shown, this will serve to
effectively continue the pedestrian link through the neighborhood. Based on the small
size of the development, it would not be anticipated that additional sidewalk construction
would serve considerable public purpose. Also, as is evident by a visual survey of the
neighborhood. it is very typical for developments to provide sidewalk on only one side of
the road.
Based on the above, the applicant respectfully requests a waiver of the reference zoning
ordinance sections to allow for construction of the proposed sidewalk as shown on the
preliminary plan. The sidewalk construction addresses the concern of the ordinance and
amu.
Attachment E
Letter to Megan Yaniglos
March 3, 2008
Page 2
additional sidewalk construction is not warranted by this development. The applicant is
providing a safe and logical pedestrian link in the Dunlora community.
We thank you for your time to review this request and feel free to contact me with any
questions or if you require additional information.
Very 'truly Yours.
Michael1 ycrs, P.E.
Branch *nager
cc: Jim Gates
0 Prolm Dunlora t ates't ORK}:SP',C'gmment response Iettei to Megan ti`anrglua-Ke-Wane of Siilrwal6-.- -OR doe.
21
.4
N --arch 3. 21008 „<
NIs. l%rlegan Yaniglos, Planner
County of Albemarle
%oning & Current Development
401 McIntire Road, Room 227
Charlottesville, VA 22902-4596
Project: SDP -2008-013 - Dunlora Gates
KI=: Open Space approval
Dear NIS, Yaniglos,
This latter and attached Preliminary Site Plan shall serve to request approval of proposed
open space consistent with Zoning Ordinance Section 1847.
13y way of background information, the applicant seeks approval to construct 18
to\.vnheruse lots and approximate13, 640 linear feet of public roadway on approximatel
7.90 acres of land at fax Map 62-1 O, located approxi►nately 375 feet froy
intersection OfTowCrossim the
ng and Shepherds Ridge Run. The development is bv-
right and at a density of 2.3 der'ac (dwelling units per acre), slightly more than half of the
ailoWab}e density of 4 du!ae. Approximately 3.3 acres of open space are proposed.
The approval of this open space meets the intent ofthe ordinance. First, the majority of
the 3.3 acres open space is natural, undisturbed open space that may be used for passive
recreation purposes. Also, the open space parcel is well-connected to other open space
uses as is evidenced on thc preliminary plat. There are no adjacent uses that are
dissimilar, so the open space pror ision is well -fitted 166 this application. Also, there is
adequate access 1•rom the development to the open space based on the site layout and on
the mix of both steep and gentle slopes that are found in the open space parcel.
Based on the abox,e, the applicant respectfully requests approval of( pen space pursuant
to 18-4.7, \Ve thank you tier your time to review this request and feel fin to contact me
with an} quetions or if you require additional information.
VeryIt Yours,
N,Iichael MN. rs, P.l:.
Branch 1�lanagcr
cc:: .Jim Gztics
Z3
1, Pn,lr 1'htmIm ai;utc ,t t tkI<] til ,I ummenl response Ittirt to \4c an �'auiRlos-K "Waver of open Sp:J,C-;_,-e8 j. Attach
ment F
i
APPROVED
by the Albemarle County
C*mmurnty Deve'ropment Department
Date tZ.Sv� Zt��
--
CI�MMONWEALTH OF VIRGINIA
-------- --- Of ---- -- -- ---- TO WIT,
------ A NOTARY PUBLIC IN AND FOR THE
(PRINT NAME)
--------___--- Of --------------- ------ COMMONWEALTH IIF VIRGINIA,
DO HEREBY CERTIFY THAT
WHOSE NAME IS SIGNED TO THE SUBDIVISION CERTIFICATE HAS
ACKNOWLEDGED THE SAME BEFORE ME IN MYAND
COMMONWEALTH AFORESAID
GIVEN UNDER MY HAND AND SEAL THIS----_J7AY (IF" _, 2C --
----------------
C--
--- -------------------------- ------------- I
PUBLIC) iMY COMMISSION EXPIRES)
SOURCE OF TITLE
THE PROPERTIES EMBRACED WITHIN THE LIMITS OF THIS
SUBDIVISION WERE CONVEYED AS FOLLOWS(
THIS PROPERTY WAS CONVEYED TO THE SUSIE B. BROWN ESTATE
BY WILL IN WB, 45 PGS. 12 & 13, DATED AUG. 3, 1966. BEING
THE SAME PROPERTY CONVEYED TO SUSIE D. BROWN BY DEED
RECORDED IN U.B. 169 PGS. 347-349 DATED MARCH 8, 1919, AND
RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT FOR
ALBEMARLE COUNTY,
BY
BRUCE S, HULCHER, P.E.
CODE OF VIRGINIA 152-2262
SUBDIVISION CERTIFICATE
THE SUBDIVISION OF LAND SHOWN HEREON DESIGNATED AS DUNLORA
GATESSUBDIVISION, IS WITH rHE FREE CONSENT AND IN ACCURDANCE ',WITH THE
DESIRES OF -THE UNDERSIGNED OWNER. THERE IS NO MORTGAGE ON THIS PROPERTY,
ALL. EASEMENTS, STRIPS, AND ROADS ARE OF THE WIDTH AND EXTENT SH(.IWN AND
ARE DEDICATED 1'0 THE COUNTY OF ALBEMARLE, VIRGINIA. ALL EASEMENTS ARE FOR
SURFACE AND UNDERGROUND DRAINAGE AND UNDERGROUND AND OVERHEAD UTILITIES,
UNLESS AS OTHERWISE NOTED ON THIS PLAT, AND ARE SUBJECT TO THE RIGHT OF
THE COUNTY OF ALBEMARLE, VIRGINIA, TO ESTABLISH ALLEYS ON SAID EASEMENTS AT
ANY FUTURE TIME WITHOUT COST FOR PROPERTY INVOLVED,
GIVEN UNDER MY HAND AND SEAL THIS___- DAY OF".
ENGINEER'S CERTIFICATE
TO THE BEST OF MY KNOWLEDGE AND
BELIEF, ALL OF THE REQUIREMENTS AS SET
FORTH IN THE ORDINANCE FOR APPROVING
FLATS OF SUBDIVISIONS FOR RECORDATION
IN THE COUNTY OF ALBEMARLE, VIRGINIA
HAVE BEEN COMPLIED WITH ALL, STONES
WILL BE SET BY NOVEMBER 30, 2006.
BRUCE S HULCHER, P.E.
CODE OF VIRGINIA 15.2-2262
OPEN SPACE & RESTRICTIONS
THE OPEN SPACE IS DEDICATED FOR THE USE AND
ENJOYMENT OF THE HOMEOWNERS OF DUNLORA—GATE'S, AND IS
NOT DEDICATED FOR THE USE OF THE GENERAL PUBLIC,
2006
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GENERAL NOTES
1.) OWNER/jENELQPER
SUSIE D. BROWN ESTATE
PHONE: (804)
FAX (804)
W. B. 45, PGS. 12 & 13
SURVEYOR
HULCHER & ASSOCIATES, INC.
CONSULTING ENGINEERS
2,) 5801 LAKESIDE AVENUE
RICHMOND, VA 23226
PHONE (804) 282-7622
FAX (804) 282-8215
ATTN: WAYNE E. MAYTON
SITE DATA.
R-4 ZONING
3.28 AC. OPEN SPACE
3.94 AC. IN LOTS
0.68 AC. IN RIW
0.05 AC. IN OTHER LOT
7 850 AC. TOTAL
FAX MAP & PARCEL,¢ 62-10
THIS PROPERTY IS LOCATED IN
(HE UPPER R/VANNA
NATF—RSHED
DUNLORA GATES SUBDIVISION
COUNTY OF ALBEMA LE _VIRGINIA
alt I:air; :nl; _�s. rope, CaLr: I'--!()0'
SHEET 2 OF 2
"v �..
S HI Ia'HE,R 71 IfULCIM? & ASSOCIATES, INC.
MVSULTINC ENGINEERS
RICHffoyD, IIIRCINIA
(8040 26.2-76.22 • FAX. x"62-8215
Attachment G
�{
PHASE 38 RIVER CREST
DUNLORA
PLAT O D. 8. 2215, PG. 461-4657
-------------- ----- 14- SINGLE
Zc \ RESERVED AREA FAMILY LOTS
525'- STREET
LOT
i
SLOT / Olt
#383 y19
1A 778 S.A.
i
LOT
#394
R/W tO m �t296
1S
R=400 -0q
L=35.82' 2 51
15.10' N1143
------- 692.',',r,
-----------
o �
TOWNBROOK CROSSING
�.
' I
1=450.
,
44 S, v
19 ti 4r p
U=44.541 R=50.00
! L=99.80'
- r 1
' I #396 I' 95��
I
12, 688 S F. 11
j
CXIS77MO
; 7
RIW
1 5 l
11531 sff
f
OPEN SPACE
r
6
OLD ROAD BED
1 114,194 S11�
EXIS77NG R/W TO BE ABANDONED FLAT IRON
co' „ ...__ BAR FOUND
\\ 11,13
061 S.F\T-
t \!^ 11,223 S F
A 12.502 S.F. llr
u'f
L
44�;i
3r 9
1 12,375 S.F. J
jl0suggL
Y12,089 SF.
� 9UlLOING 1
11�QY 7 (TYI'��I
(ce.)
OPEN SPACE
N 10'48'50" W
45.09'
RESERVED AREA
-N-
PHASE 4A RIVER CREEK
DUNLORA
LOT PLAT O D. B. 1960, PG. 207-212
�o�
�
M `r'
LOT X1332
w 6 P 1 LOT #333 \'
N a � LOT #3341 �
a N �-
<m ' IPF LOT #237
Y _
LOT #238
--+
' PHASE 2B RIVER CHASE
DUNLORA
PLAT O D. B. 1408, PG. 344-352
f�
��TH of
0
BRUCE S. HULCHER z DUNLORA GATES SUBDIVISION
V No. 5225 :
COUNTY OF 1.RF.MART F vrurnJTe
DATE: JUNE 26, 2006 SCALE: 1"=100'
SHEET 2 OF 2
fIULC PR & ASSOCIATES, INC.
WATERS OF THE UNITED STATES LOT #239 CONSULTING ENCINEERS
WETLANDS RIChrAMVD, VlR0INl.4
(804) ,PIS'. -78.28 * PAZ jes -e.2/s
Attachment G
COUNT'1 OF ALBLNIARLC:
Dcpartmentol'Curnntunit� 1)e%clupment
4O1 Mclntirc Road, Mount 227
Charinttetrill(,, Virgini;t 22902-4540
Phone (434) 296-5S32
Juni• IT 2m,
31'a�r:r R1nvtun
5901 Lal.esidu Ave
R&hnwQ VA 232Z8
RE SUR 2UIT-109 T)unlora Gates -- Prchrninar-x S111)(1ivisiun 111.11
Ax Alup fit Parcel 10
Deal Mr. Mavum•
Fax 1.3.34) 972-4012
1-hc Alhcmarl: Cuunt� Pla nnin�l C ommis.sion, a± il.-, mectinT on Junr t 200n took the hd o" my actions
on your five Waiver requests and appropriateness o proposed Ogn Space for SlJT2006d Oj 151dora
Galas - Pfelirninarn Subdivision Plat.
�_ ardrnc,_� sur rccluesl- for the „diver ni Sec,tic n 14_•1U9�1 , in(er1�a)ccl, cr,nneet on. the ('nmmi>sic n
dented the request b� a vote ur6 O.
Ite�arti-ink � e�ur r��c�ue5l (,or_ the �', aivrr of Section 14-; I Or11, ili�ta_!l�r(i:,n
C'
df cur�� _ind_�.uttc�r, the
ornmrssion approved the rcqucst h) a vutc ul 0:0 - l
12c �rdirr utir r�cfucst fc r �sat�_er ti( Section. l 'r__1 �(i��in;ta,ilatii)n r f i(_lc��alks fur ocine-sided tiidc\�Ok,
the CoInnti.ssion approved the requesl h� a v,,te 01'() 0. suhjecl to thr fu1lc,�sin,; uondi6ow
SYc"alks shall he provided on thr inner Greta: side of the proposed road 1u Connect tc, cminp,
Nowak; in NO= rncludinf, ar onv sided skic"aM it the stuh tnrl seckm AN rand w IltV
1[01, t,f'the cul-LIC-SLIL.
R_e trd-in�� �c,t_ir_rc_c�trst Ini the ��,}isc-r_(>f Sa_,t�oti l }-4221 F 1 instarlla�tion of 11L s6rilas, the C'r,mmi.tisinri
dumcd the rcquest h� at vole of 6 O.
Rei;+id L)&2lour- rrqucst-f,u rhe japer ni_ tiva�liuri--U, >,-er (feat slc,f,c>. the C'urnniitisrun appio\c l the
ivquc5t hj a %o1 cif 6 O - - - - - - - -
)Zcg<udin!_jnur_ytr l lr,r thc_jjaij:r ,f c ti m 17. nJien �Lrlct:. tyre C't,rnnri;5rnn a{1,1irr, ec! !ilc reduetit.
per the MaWs rusonupendabui as sh "T cert Amhmwo A. by a jute• or WO.
Z(S
Attachment H
tiI'H-Uh-i MDtlnlui, l;,IIC,
14TV 2 ( ,
1f �cau should hale ani clucsti<m�, OT' C(MMICnt, r(��Ix'dine. the ahnvc ranted action"I, plc:asC dc, nrit hesita to
ul IWI nit a! (434) 294583 =,
Keith Lancaster
Manner
Z0fli14t (K Current fkNd0j)ML-nt Dl kloli
111 .racy
Cc: ("llch slm? c
600 KcaNmTc C'ircic, Charlottesville, VA 22M
lit Mvn, Susan U I'Stntc C''(_) ])hillil? I: 1 n
125 Free Slate Rd. C'harlovusv ilie. `'tai 22()Ol
Ella CM:\
.lrnch"I R1cC`ullc�
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