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Home My WebLink AboutSUB201700026 Staff Report Final Plat 2017-06-07 New cf Mkt, Ji "inu rY 'IVO A' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB2016-17 Sunset Overlook—Private Staff: Christopher P. Perez, Senior Planner Street Request Planning Commission meeting: Board of Supervisors meeting: June 7, 2016 Not applicable Owners: Forge Farm LLC Applicant: Collins Engineering, Scott Collins, PE Acreage: 10.40 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: 07600000005200 & 076000000052N0 By-right use: R-4 Residential Location: Vacant parcels at the corner of Country Green Road and Sunset Avenue Extended. The parcels also fronts Old Lynchburg Road. Magisterial District: Samuel Miller Conditions: proposed tiVelf Re•ue • • • • I 31 DA— X RA— Proposal: Request for a private street in the Comp. Plan Designation: Urban Density Residential development area. —residential (6.01-34 units/acre); supporting uses such as places of worship, schools, public and institutional uses, neighborhood scale commercial, office, and service uses. (Neighborhood 5) Character of Property: Heavily wooded and contains Use of Surrounding Properties: Residential uses steep slopes (managed and preserved slopes). (single family detached homes on small lots). Factors Favorable: 1. Factors Unfavorable: None identified 1. The private street meets the requirements for authorization under Section 14-233(A)(3)of the subdivision ordinance. 2. The private street avoids impacts to the managed slopes on the eastern boundary of the property. 3. The private street preserves the existing tree line along an entrance corridor. 4. Fire and Rescue & Engineering staff have no objections to the authorization of this private street. RECOMMENDATION: Section 14-233 and 14-234 -Staff recommends approval of the private street as requested and shown in Attachment A. 1 • STAFF PERSONS: Christopher P. Perez, Senior Planner PLANNING COMMISSION: June 7, 2016 AGENDA TITLE: SUB201600017 Sunset Overlook—Private Street Request APPLICANT: Collins Engineering, Scott Collins,PE PROPERTY OWNER: Forge Farm LLC APPLICANT'S PROPOSAL: Private street request in the development area to serve 18 single family detached lots [Attachment A]. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Urban Density Residential—residential(6.01-34 units/acre); supporting uses such as places of worship, schools,public and institutional uses, neighborhood scale commercial, office, and service uses. (Neighborhood 5) SELECTED PLANNING AND ZONING HISTORY: • SDP201500006—Sunset Overlook—Initial Site Plan-Approved w/conditions on 10-16-2015 (Alternative design than the current proposal) • SDP201500055—Sunset Overlook—Initial Site Plan-Approved w/conditions on 12-22-2015 • WP0201600004—Sunset Overlook—VSMP -Approved 4-18-2016 • SUB201600017—Sunset Overlook—Road Plan-Under review • SDP201600003 —Sunset Overlook—Final Site Plan-Under review REASON FOR PLANNING COMMISSION REVIEW: The applicant has requested approval of a private street in the development area under Section 14- 233(A)(3) and 14-234 as justification [Attachment A].New private streets may be authorized by the Planning Commission as provided by any one of the provisions of Section 14-233,provided that the findings required by section 14-234(C)are made. (Ordinance language presented in bold italics followed by staff comment): AUTHORIZATION OF PRIVATE STREETS ANALYSIS OF SECTION 14-233(A)(3) The Commission may authorize a subdivision to be developed with one(1) or more new private streets only under any of the following circumstances: 3. General welfare. The general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the construction of one or more private streets than by the construction of public streets. The property is bordered to the north, the west, and to the east by large amounts of preserved and managed slopes and to the south by Sunset Avenue Extended (Attachment B). The proposed private street(Sun Valley Drive) serves 18 single family detached lots and then ends with a cul-de-sac on the eastern boundary, approximately 60 feet from Old Lynchburg Road. The proposed street meets all County and VDOT design requirements for a public street except the requirement to provide multiple connections in multiple directions because it fails to connect to Old Lynchburg Road(SR 631) and instead provides a cul-de-sac (Attachment C). This VDOT connection requirement is not a requirement for a private street within the County's ordinance. As proposed there is no disturbance to the preserved slopes and minimal disturbance to the managed slopes onsite. A connection to Old Lynchburg Road would require all the managed slopes on the eastern 2 boundary of the property to beturbed for additional grading, improveme�its, and modifications to the stormwater management design. By avoiding these slopes the existing treeline along the entrance corridor(EC)roadway, Old Lynchburg Road, is able to be preserved(Attachment D). Based on the above findings staff believes the general welfare would be better served by the construction of a private street that does not require the connection rather than by the construction of a public street which requires the connection. ANALYSIS OF SECTION 14-234: Per Section 14-234(C),the Commission may authorize one or more private streets to be constructed in a subdivision if it finds that one or more of the circumstances described in section 14-232 exists and that: (ordinance language presented in bold italics followed by staff comment) 1. The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision; Both Engineering and Fire&Rescue have no objections to the design of the private road;rather,their only remaining comment on the road plan is that the applicant provide no parking signs on one side of the road. The amount of traffic expected on the proposed private street is minimal. The design is adequate for this type of traffic and shall meet the private road standards as specified in Section 14- 412 of the Subdivision Ordinance. 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private road; The Comprehensive Plan does not provide for a public street in the location of this private street. 3. The fee of the private street will be owned by the owner of each lot abutting the right-of-way thereof or by an association composed of the owners of all lots in the subdivision, subject in either case to any easement for the benefit of all lots served by the street; Section 14-317 of the Subdivision Ordinance requires that a maintenance agreement be submitted for review by Planning staff and the County Attorney in all situations where improvements are required to be maintained. The maintenance agreement requires the maintenance and cost to be divided between each of the owner's within the division, or by a home owners association. Prior to County Approval of the subdivision plat the applicant shall provide a private street maintenance agreement for the review and approval by the County. 4. Except where required by the commission to serve a specific public purpose, the private street will not serve through traffic nor intersect the state highway system in more than one location;and The private streets will not serve through traffic,nor intersect the state highway system in more than one location. S. If applicable, the private street has been approved in accordance with section 30.3,flood hazard overlay district, of the zoning ordinance and other applicable law. As proposed the private streets will not require any upgrades nor impact the flood plain. SUMMARY AND RECOMMENDATION: Favorable factors: 1. The private street meets the requirements for authorization under Section 14-233(A)(3)of the subdivision ordinance. 2. The private street avoids impacts to the managed slopes on the eastern boundary of the property. 3. The private street preserves the existing treeline along an entrance corridor. 3 4. Fire and Rescue & Engineering staff have no objections to the authorization of this private street. Unfavorable factors: 1. None identified RECOMMENDATION: Section 14-233 and 14-234 - Staff recommends approval of the private street as requested and shown in Attachment A. ATTACHMENTS: A. Private Street Request and Road Plan(sheet 4) B. Area map w/slope information C. Virginia Department of Transportation Comments (Comment#10) D. Photos of existing treeline • 4 COLLINS 200 GARRETT ST,SUITE K CHARLOTTESVILLE VA 22902 434.293.3719 PH 434.293.2813 FX www.collins-engineering.com March 29, 2016 Christopher Perez County of Albemarle-Department of Community Development 401 McIntire Road Charlottesville,VA 22902 RE: Sunset Overlook—Request for Authorization of a Private Streets Dear Christopher Perez, Please allow this letter to serve as our formal request for a waiver by the commission for the authorization of private streets in the development area for the Sunset Overlook project. The waiver request is consistent with section 14-233 of the Albemarle County Subdivision Ordinance under Section 14-233.A.1.(iv) —a significant environmental resource would be protected. In the proposed development plan,the Sunset Overlook project contains a mixture of Townhouse and Single family detached units. The townhouse units front along Sunset Avenue Extended,with rear driveway access from the alley,and the Single family detached houses are located along a proposed private roadway that cul-de-sacs at the end of the road. The applicant is requesting the authorization for a private street for this cul-de-sac roadway, because VDOT will not accept the road as designed,since it does not have(2)connections. Due to environmental constraints on the property,the roadway design can not achieve a second connection point. The property is bordered to the north,the west,and to the east by preserved and managed slopes. All the preserved slopes are being maintained and undisturbed on the property with the proposed development,and there is some minimal disturbance to the managed slopes on the property. If a second connection was made to either Sunset Avenue • Extended or to Old Lynchburg Road,there would be a lot more disturbance to both the preserved and managed slopes for the additional grading, improvements,and modifications to the stormwater management design. Old Lynchburg road is approximately 20' below the cul-de-sac,and the extension of the private road to tie-in to Old Lynchburg Road would disturb the existing managed slopes along the eastern boundary of the property and would also impact the preserved slopes to the north for additional stormwater management improvements. Allowing this roadway to cul-de-sac as designed prevents additional and unnecessary disturbance to these environmental resources on the property. Therefore,we are requesting this waiver to allow private streets within this development,to protect the environmental resources on the property and allow the roadway to be a private street. The proposed private street shall be constructed to public VDOT standards with curb and gutter,drainage inlets, sidewalks,and street trees. The private streets will be consistent with the design guidelines for streets and roads as specified in the County and VDOT design manuals. We ask that staff and the Commission grant the waivers and authorization for private streets for this proposed development plan. Thank you for considering this request. Scott Collins,PE LI �., vow i —If10AV M w. 3w GINI - 4 w Em Ntrld 31IS 1VNI3 )1001b3A013SNf1S £ o„ " " -- oihz;, 6l LE'E6Z-4E4-Z06ZZ VA'3l1IAS3l101aVHO-')131IfS'133a1S 1l3aaVO 00Z —L . I- 9liM �� sNoisinaa DNId33NION3 SNI -110D OD \ \ ', \ It.- W W =wa ,1 woo r ,, s* / \ w W0°: a:S�i3 .c93tnoa31V1S ti/q1,0 ovoa9a10HJNAIa10 za _— 14. 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