HomeMy WebLinkAboutSUB201500069 Staff Report Road Plan and Comps. 2015-06-04 `/ pE ALL i, `11/09
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2015-069 Hill Brook-Private Street Staff: Ellie Carter Ray, Senior Planner
Request
Planning Commission Public Hearing: Board of Supervisors Hearing:
May 19, 2015 Not applicable
Owner: Hilltop Partners, LLC Applicant: Justin Shimp, Shimp Engineering
Acreage: 2.63 acres Rezone: Not applicable
Special Use Permit for: Not applicable
TMP: 06100-00-00-12600 By-right use: Residential R-2
Location: Old Brook Road, approximately 200 feet from
intersection of Redington Lane. [Attachment A]
Magisterial District: Rio DA—X RA—
Requested#of Dwelling Lots: 6 single family detached lots Proffers/Conditions: None
previously approved.
Character of Property: Undeveloped, partially wooded. Comp. Plan Designation: Neighborhood 2-Places 29-
Neighborhood Density Residential—residential (3—6
units/acre)supporting uses such as religious institutions,
schools and other small-scale non-residential uses.
Proposal: Use of Surrounding Properties: Single Family Residential.
1. Request for private street approval in accordance with
14-233 and 14-234 of the Subdivision Ordinance.
Factors Favorable: Factors Unfavorable:
1. Engineering staff has no objections to the authorization of No unfavorable factors have been identified at this time.
a private street.
2. The proposed street meets the requirements for
authorization under 14-233(A)(3)&14-234
RECOMMENDATION:
1. 14-233 and 14-234-Staff recommends approval of the Private Street.
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STAFF PERSONS: Ellie Carter Ray, Senior Planner
PLANNING COMMISSION: May 19, 2015
AGENDA TITLE: SUB2015-069 Hill Brook—Private Street Request
APPLICANT: Hilltop Partners,LLC; Shimp Engineering
PROPERTY OWNER: Hilltop Partners, LLC
APPLICANT'S PROPOSAL:
A preliminary plat has already been approved to create six single family detached lots on this parcel.
This proposal is a request to allow a private street to serve these six lots. [Attachment B].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Neighborhood Density Residential in the Places 29
Master Plan.
REASON FOR PLANNING COMMISSION REVIEW:
The applicant has requested a private street be authorized per Section 14-233 and 14-234,Authorization
of a Private Street within the Development Areas [Attachment C].
Approval of the modification for private street authorization would also be the approval of the street in
accordance with Sections 14-233 and 14-234 of the Subdivision Ordinance. The required standard for
private streets is specified in Section 14-412, and all requirements of this section will need to be met
with the approval of the final plat and road plans.
SELECTED PLANNING AND ZONING HISTORY:
• SUB2014-176—Approval of a Preliminary Plat to create six single family detached lots and an
open space parcel. [Attachment B]
1. AUTHORIZATION OF PRIVATE STREETS
Private streets may be authorized by the Planning Commission as provided by any one of the provisions
of Section 14-233.
The applicant has requested approval of one private street(Hillbrook Court)using General Welfare
[Section 14-233(A)(3)] as justification [Attachment C]. (ordinance language presented in bold italics
followed by staff comment):
ANALYSIS OF SECTION 14-233(A)(3) General Welfare.
May be authorized if 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 subdivision includes 6 lots that are served by the proposed street, and the surrounding area is
developed with single family homes. The applicant has stated that using private street standards will
allow them to lessen the impact on adjacent property owners by reducing the number of truckloads of
soil that will need to be hauled off-site,thus reducing the traffic impact and the length of construction.
The data in the request and justification support this assertion. [Attachment C]
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County Engineering staff haNwt'alyzed the street as required by Chapter, Section 234 (Procedure to
authorize private streets and related matters)of the County Code. Staff has found that the design of the
subdivision meets the requirement for authorization for a private street under this section.
ANALYSIS OF SECTION 14-234:
Per Section 14-234(c),the Commission may authorize one or more private roads to be constructed in a
subdivision if it finds that one or more of the circumstances described in section 14-232 of 14-233 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.
The amount of traffic expected on this private street is minimal,as the street serves only six lots. The
subdivision is surrounded by existing residential lots, so the road will not be extended or further
developed. The proposed design is adequate for this volume of traffic.
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 road 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 road;
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 required improvements are to
be privately maintained. The applicant has indicated that the private streets will be entirely owned and
maintained by the Hill Brook HOA.
4. Except where required by the commission to serve a specific public purpose, the private road 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 road has been approved in accordance with section 30.3,food 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:
This proposal meets the requirements of the ordinance;therefore, Staff recommends approval of the
private street request outlined below:
1. Section 14-233 and 14-434-Authorization of a Private Street within the Development Areas
(Hillbrook Court).
ATTACHMENTS:
A. Vicinity Map
B. Approved Preliminary Plat
C. Private Street Request and Justification
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