HomeMy WebLinkAboutSUB200300082 Minutes 2003-06-249 U113-034Z ail rid 6n Acraz Road wa Igor To create one lot on a rc,ad wriich wdl serge five lots
and have the s'and;drds Ororri !�eoLion 14-514 Table A, Fora three (a) to five (5) lot ariyate road, be
rrai wed by the P Ian n in p C blTI-TOssiarti. The property, descr, bed as Tax Map 30, Parcels 29A, 3,29
and 32 C and Tax Map J 1, Poi cal 9 is local -Ed in the P io Magisterial District on Fit. 764 (Link
Eyan s Lane): approximately 2 rri ilt3s from the Intemetion of Routes 764 and 663. Vhu
Camprehens ive Plar. designaLes Lh is pr 3i arLy as Rural Area In Rural Area 1. (Margarui. Dojieriy)
Ms. Doherty summarized 'he staff report.
This is a •eq unst !or a subd iwGSir3n Lh at would msu It in a total -of five lots. S1nm mis Is f airl yr
coin plicatcd, she suggested that the Comm ission take a look at page 11 of the staff report.
vrhich is a color topo that smws tie exislintl Iat lines and fafm lanes. The purpose of This
road slandard wa iver roq uest Is to allow a private road on existin g farm rozidG with m ini mal
improvemertiss to the road. Rather rhari bLrildFn,� the roads to me County's private road
starsdards, the roads would be ;m proyed Lip 10 a cwa-lot siondard and meet minimum
Eng irieer�ng Department changes As the&e Ioi$ exit 1odn y, they could have two dwe11i rig
u n its each for a Iota I of a ighl dwell ing units. Tha applicants are propasin!;i one rn ew IpS ano a
total of eight Cwell in u n its The appliga nt's propnsal waLi Ir' ahnw sQrne of tlhe5e Jots co retain
development rights For bluest dwell inks. h th a staff report. staff wig s recornmenc ing that the
applicant not be allowed the guest dwell inns unless there wrap some guaronlee that the
properties would not be further subcivid e d - � ince ire staff report was sut)r tied. there nave
been conversations between the eppcicant, staff and the Planning Grirnrn;ssion. 'Staff nas
revlReo th a condii ipn:s Gf approval, whici had bee n passed Dui. S!s4f is in Rgseem ant * I h th e
epplir.,qnt tris; W:!� i:� r�enera sly B good idea and meets IhB Rural Area Guidelines For
m aintainin!;i farm mads and rufal pre&Hrvalion i n Me Rura I Argos.
+ The 1=- ng inuurin g Depar lment has reviewed the roar stand arts and recorrimends apprDval.
The discusseon is reaAy me m cf*anisrrti cf how ro make 'his happen. There is precedent* for
this. When the Nature Conservancy porch aseo a piece of p'oparty_ they p ul a conservatlon
easement on the property, 1hereby not using She devei vprnent rights. Thera is no standard
mechanism in the CouN.yr to distinguish development rights. Staff is trying to come up wltl7
sour tith ing. Sh-a proposed oondilions tha.- were Gimilar to those used on the Naluro
ConseNancy site, b Lit pokiled out thal Greg Kamptner was not presant &nd had not had a
chance to review the cond�tion& She qu estionac whether 4ha applica nt h as had a char ce to
real ew the conditions and suggested That They just discuss them ,Stan` preferred not going
irrto the details because the request was so oor*fu:sing and complex_ but if there were
particular questions about the reccnfigurat:cin �rif the lots that. she would be happy tb
approach it th ai way,
Mi. RieI4 y aske6 if h e mar, summarizing this fairly. Currently the ERpiionn! ran tioild eight
dwell ir,g i i n its on i2ie prope.rt} wrifha&. making any mar- im prrwements. Ljnder this proposal th.e
applicant oould -also tpui Id eight dwelling Units and would have to m nke "me miinor r-oad
irnpmwemews, iwhich need the rDad waiver_ Tha road waiver is really the item !:? We the
Commission. Staft ! s working Dui i� rri-aohanis m 1hr-ough which Lhii ,y c caul d guarantee that time
rernaining seven developm-ent rigf ds a* the ultif i @W fifteen thal Could b4i� used with a public road
would be parrnartiar�+ly remand.
Ms. Doherty stated that was cofrccl.
N1 r. Rieley asked � there were oth er question`s fcq staff. There being none, he open M th-a pu uic
hn;arin!� end asked if the Applicant wmuld I ike kD address the Cr,mm igaion.
ALB E MARLE C 0 JNTY PLAN N N G COMM 16 SIGN - JUN E 24. 2003 �
DRAFT M I N UT ES - S UDM ITTED 16. 2003
Ms. Van Yahre-5 s',a'ed Lfrat ftr Family has been we nderir,g 5:3r years hOYe 1,0 pre%efYe the faMidF (
farm. She pointed out thal. f Lei brothers live vn thL- blast Coasi ari-d have no interest in she farm-
I?ui she would like to retain two of the smalJar parre Is for Family m miters. She noted that lh(cyr
also nee0ed io get a Fair reiurn Or) Lh-a land. She staled Thai they ca-ri-9 up with Oils schomiii to
preser,+e the ru rel UhaHwaer a1 Iai id- Sas Ically, they would he giving up s8ven development riph LM
and in rat Urn would I ik-e 10 he able to cr-aale these five Lori with eiq it housos oil 1.11oam ani5 i�$k she
County to waive ttse mad requi;- ern ei i1s. She Rated lhaf rh ey want to preserve Lh a Ch antler of
the Iand and limit the developpnoant on It. 7hay also wrg;nl iG preserve Lhe Faun Uri es if)e way Lhey
gre. They wane in pres�erve tf:a upon siopes and the ripen land. Basic.a IIy ihl� Iam3 will rock th-a
same and will fun-ution more or less, as it has f# the past fifty years siric a her parar)ts have
vwned the Land. Over the last yeai , she has had d iscussianci an the siis Witt) RagOr Ray, Mark
Graham, Way+n a Oil irnberg i9nd 8 ill Fritz to try( to com e u p with a scheme far this special request.
She polntecl out that i"y rer.-ived the reylsed cofiditions of approval- Them was one problem in
number two in she second para€�ra p h whtr-a it gays t1jat the p Jvete road shall mA s-erve, any land
ouls}de of th-e subcivis ion. IF you look on page 1 1 where ihey :shuwed the existing puree Is and
the potential 0,eyelopmen; rights, and if you look to the Fight of the page to the road that is white
that goes th rour)h TM and s;dy5 existing right-of-way. That right -at -way is existing to the
'Hoods property For their Access Lo .hat land. li is 8 15-roof easement that was made oven before
my parents L)oi jgN. the land I ifty years ago. The pni nted atii that was an issue. There Ark ihings
that 11-,ey could pia the;l� now Oy fight. L)ein g thq eight dYL-ell ing uni I!S or Me f if mn deuolopmen L
rights. She rioted Iha1 it does not make any difference bet,auso that access to that road is ther-a
anyway- Tharetore, Mal condition would -oreate a problem s iaco have no control over thc,
exis'ing acrAess ea$en)( r)t and have to eflow access to that (arid.
Mr. li'dgett,or) su�iaSLed amend ir, g i.he oand ition s to accepl. pfeem isli ng easements.
Mr. Ri6I-ey agri�Cdf that a clause cote Io he add -ad.
Ms. Van Yahres staked That Ih�!rP 'ryas One clarification on c5andition three, agenr approval of the
fin @I plat and deed. Sh a as ked if staff rn-aunt Ina d eeds as lhey sell 1 he five luts.
Ms. erty stated that was correct.
Ms. Vi3n Ya tires stated that -coil d ILIOI', seems rea!svnet)Ie.
Mr. Ripley ar ked if th a-e war* @ny q uesilans for Ms. Van Yahres. He ,asked if &Iyror 0 QIsa would
like to address the itsm. TI)-Qre bffirtg none, hP closed the public: henriryp to breng 1ne matler bade
h(-fn'a tie Commissian for -diso-isslon and pvssinle ertian. He thanked stiW for wofk;ilg I)ard 10
get the ri3quest belaro Lh8 C ommisslon In this cvnfig uration.
Mr. C ilmibengI stateil that staff hey -5trug€ i-ed Fran) the bog:i)fiinn to figure out how to do thrs.
Despite ne iwouNes inle"ions of trying to r-3sirict deueloprnent in the Rural Area, staff doers not
nave all -of the m mhan isms to do iha+. gas:ly. As an example, someone Cannot d istin gui:5h their
deuelopm-eni righgy and m e ke th-ern go away. They have to find a way to make it happen in a
'egahy aweilaNe mechanism. He Fell Vint If this approach worked for the appA ant, ihE-n he felt ft
-x,ould work for sia s-ince s had been s,.IcimssfuJ preuicusly.
Mr Craddock asRBd what Vic dlffere9ce was between a € i-jesthause and a regular h ause-
Mr. Cilirrnburg sW Led lhat it would not he ion sidored 2my diiferunt si-ica @ guosthcuse was a
dvmll inp u:1GL. He r)o;eG that was I he r-easgn that a guesthouse used -a dcv4Nopment right.
M r Rieley poi nted Ou I I hat Mr. iJ raham wa.s present from the En-@ ineering Department �f anybocy
had any questions regarding the ro @d standards. He suggested putting a comma Pfiar the
ALBEMARLC COUNTY PLAN NI"G COMMIS8IGN- DUNE 24, 2003 3
DRAFT MINUTES - SUBMITTED h 5, 2a03
scnter5ue that oerjin5, A private road shall not sarwe anyr lands outside -of the subdivision, except
With thu existing 15 foot easement on Lax rnap 31 Al.
Mr. Thomas aakRd iF ihere vuere any other exisli ll�j rich L-Or-ways. FIa sugges#ed Changing She
w#dlnq Fri rm existin-g right-of-wa a -�-:i pro -ex isling right-of-ways.
Air. Rieley stet-ed th;a1 the rea9on he preferred to rul`erenca th a speci I ic existing i iph L-of-vwayr was
That ii was a 5-foot eagern,-W and i. could no[ be later upgraded Su �j puWic road. Ho pointod out
ihat it wi3:R a farm e$5em enl.
Mr. Kamptner arriveo a1 6:20 p,m.
Roger Rey, stlrve�or, staved that there was another parcel of I i3nd that h ad i he right to use I h is
road. He pointed out that tax map N, parcel 49 Ll elrea-dy he5 the rich'. to Use she 3(]-foaL road
1hE 1 artrUar9 the property. He sugoe.51;ed that the condii ion be worded so as to incl1.t11r9 thD parc al s
oth u-r than 1-ne existing parcels that have i he richt to tine the richi-of-way
M5. Hopper pcimec out ;hal their m a p naa per.QE1 29A.
Mr. Cif imherc pointed -out th ai tfie {commission was actuali yr -g: antin€j a waiver t-bn ight Ai id not a
subdivision. If the C c rnmissior's intent is to make sums c:widi Guris 1 2r1d 3 arc oorrWly wofb&d
and -Condition 2 is -n wig the fin al plsa wiih rnod ifica Lion S Lru rel`IeCC tho ex;sting reads not Min.@
subjdc:t to Lh is. th an -5u-ggeste6 th at they slate th al 2s purl. -of Lhe W2 iver appi over. St@ff will mane
sure Ilia[ the corre.G9 1iq nguage is p lacEd on t119 plat -
Mr. Riuley stated rhai hE did not see a ry wasern lhai they can'-. side their goni�-ral ir�entian on
num"r two and then have that be r-Hiinud, Ho askod if Lhe Car1lrP`.dssion was happy in leaving
num Lx3r two afte- th-9 word subdivision E=Cpt for this exisl ing 15-foot easement on a1 i9 any
vCoes s to L2x maprparcel 2,M'29A 1.
Ms. +fopper rnovod 3or aporoval of the private road waiver for SUB-3-32. Hidden acres Road
W;aiv4er, su-Nect to the revised conciticns of apprDvDI with the one amendment and incl tad inc the
ur.rewisep rand itions 3 trougn 8
The final plot -sh8; I nc1 bfe sur3m ifred for sig n;a5ure nor shall ii be signed until the following
conditions have been satisfooMrily adclres-5ed:
4 No mcirF ihan 43ne &yell ins maybe con $trticied on Tax Map 30, Parsers 29A and
32C. Na mortL lhen 1wu clw.�ellinc5 may bra con SLruolad on Tax Map 31, Parcel 9, and Tex
M ap 30, Parcels 32 B an-d N-ew Parcel 9. Any su�d�rision o` th-9 parculs. man' ioned
shave sh Ell be developed can erall yr in accard with Me preliminary plal. en titled
Poo O;f? 11.1).9 ry Piaf Shawing Pm10oseCr Diwrsimr of U)E? Poop Ofty 01 Kf010*n AIMS. ZZ-C,
prl3parod by Rager VV. Ray & Associalus, -Idted April B. 2003;
2. Tne priwatr2 road Shall s2r wa not ni ere than a total of five lots ano not more than a talal of
eight dwelling units (+lot to (mcee0 more Than two on any lot] wl1h in the s u bd iwision. The
private goad shall rkot serve any lands outside of the subdivision, ex-cept the existing 1-5'
essemenl located on Tax Map 30, Pafcel 9 an-1 the 30' easement serving Tax Map 30, Parcel
29A1. The fi,-ial plat shall include notes khan restate the first two sentences 4Df this condition
P rid identify which lots m ay have up to 'pro dwelling units on them;
3. Agenl approval of the final p Iar and dee(i !o inr.1 ude Ian]Lj g-9 noted i r1 coed itlon 1 gnci 2
4. New 5trx19ttireS Shq 11 be located I-o the edges of forests or plans sphere previous structures or
barns stood;
5. The appi icant shall submit an ir.strumerl. -evicieaicino m a intsrra nc4ii o* the priwata road;
5. The axiStin g road shall be upgraded *M) the pl2c�i'rl ayit 01 more gr2ael f r-Ofri fie j inclion of
Stale Rilu La 704 ( link Evans Road) Lo thu driV�wa yr al. 1ho eXlsli ng farir Imu on TM �0,
Parcel 29A;
ALB t-=fJIAkLE C CUNTY P LAN NI NG COMM I S8I0 N - JU N E 24, 20133 4
IDPAFT h+ INUT ES - 5 UBM ITTED 15, 2003
7. An additional passing tumaW shalJ b� con5tructed or, the soulh side of the exisli nj;l road at
the 105.51' radius curve;
S. The apprbximaie 700' len€�th of traverway proceeaing southwest fr&m the exisi in g f@rIri hcKj
9halJ Siltisfyr the two-Int skjt)diViSf-Dn road requifem ent!& stated below'
a. The s u nrayw shalJ certify on the final plat that the existing anther
proposled right-o&way is 0 adequate Width an 1 horizontal and vertical
al ignmont to aQcongrno late a ilravelway Passable by Ofdnary passenger
vehicles in all but temporary exirerne weather conditions. together with
area adequate for mairitonanpe Df such travervray; and
Such certifiaetiDn may be sccom plishad by the foll-owing wmr{I ing on tiro
final plat: 'This privets road will pruvids rearonable ata,ss tpyr rrra?r
vehrcl-a as required by Sedion 14-5 T4 0 the AJ bem ari-A County Codig_-
And mho streeis in this subd iyi:s ion rn ay net meet the slandiprds for
acoeplianu.e into the Secondary system ct star highways and wil I not be
m aintalned by the Virginia Deparlrnant of Tran sportatr 3n or iho County of
Albern aria." (14-.303n)
Mr. Thnmas seconded th-a rriaiipn, Which carried unanimously (5;U)_ (Laawensteln, Finley —
Absent)
NI r. Ri Edeyr slatcLT Mai S I,JB-O3432, Hidden Acren Ron d Waiyer, was approuod with c4ridii sins.