HomeMy WebLinkAboutSUB200400265 Executive Summary 2004-10-12COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB 04 -265 James Rollins AGENDA DATE: October 12, 2004
Waiver Request ITEM NUMBER:
SUBJECT /PROPOSAL/REQUEST: ACTION: X INFORMATION:
Request for a modification of Section 14 -505, to
allow Tax Map 131 Parcel 47B its own access to CONSENT AGENDA: No
the public road instead of using a private road. ACTION: Yes INFORMATION:
STAFF CONTACT(S): ATTACHMENTS: Yes
Steve Tugwell
REVIEWED BY: AM, WDF
BACKGROUND: Tax Map 131 Parcels 47B and 47B 1 were created by a subdivision approved
administratively on 11/6/87. As part of the approval both lots were to be served by a 30' private road/access
easement off of State Route 622 ( Albevanna Spring Road). The property is zoned RA (Rural Areas) and is located
east of the intersection of SR 622 ( Albevanna Spring Road) and SR 773 (Pat Dennis Road) in the Scottsville
Magisterial District. The subject property is located in Rural Area 4 and recommended for Rural Area uses by the
Comprehensive Plan. A portion of both parcels is located in Fluvanna County. TMP 131 -47B fronts Albevanna
Spring Road and contains the existing access road for both parcels. Both parcels have dwellings on them. The
proposal is to relocate the existing 30' right -of -way leading to TMP 131 -47B1 and create a new separate entrance
allowing both parcels their own means of direct access to Albevanna Spring Road. This proposal requires a
modification of Section 14 -505 (C), which states in part, "a lot that fronts on a private road within the subdivision
may have immediate vehicular access to a public street abutting the subdivision if the commission approves a waiver
pursuant to section 14- 233(A) at the time the private road is approved, the subdivider obtains an entrance permit
from the Virginia Department of Transportation for the access, and the entrance complies with the design standards
set forth in section 14- 512(I)."
DISCUSSION: The criterion for review of the modification request is found in Section 14 -233 and 14- 237(c).
The applicable provisions are:
Sec. 14 -233 Matters which may be considered in conjunction with request for authorization to
construct private roads.
In addition to the request for authorization to construct one or more private roads in a subdivision,
the following related matters may also be considered by the commission in conjunction with a request:
A. Waiver of the requirements of section 14- 505(A), pertaining to the prohibition of
immediate access onto a public street, where the waiver is necessary to alleviate a clearly demonstrable
danger or significant degradation to the environment of the property or adjacent land because of existing
development, topography, or other physical condition, as opposed to being a special privilege or
convenience."
The commission must also consider the provisions of Section 14- 237(c) when modifying the provisions of Section 14-
505. The applicable is Section 14 -237C which states:
The commission may approve a waiver or variation if it finds that: (i) because of unusual size, topography,
shape of the property, location of the property or other unusual conditions, excluding the proprietary interests
1
of the developer, strict application of the applicable requirements would result in significant degradation of the
property or land adjacent thereto; (ii) requiring the standard would not forward the purposes of this chapter or
otherwise serve the public interest; and (iii) granting the waiver or variation would not be detrimental to the
public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to
adjacent land.
VDOT has determined that both driveway locations are suitable entrance locations and if the waiver is approved a
driveway permit may be issued for a second entrance. It should be noted, however, that VDOT makes an effort to
minimize driveway locations whenever possible.
This modification does not satisfy the criteria of 14 -233 for approval. Currently an access road is in place and the
construction of a new entrance does not alleviate any environmental considerations.
In the review of the criteria of 14- 237(c) staff offers the following comments:
(i) The property has no unusual physical characteristics which support the modification request. The primary purpose
of this application is to allow the parcel fronting Albevanna Springs Road to have a separate entrance from the rear
parcel in order to improve marketability.
(ii) Staff has reviewed the purposes of the Subdivision Ordinance as contained in Section 14 -101. Generally this
request would not support the purposes of the ordinance. However, staff does note that one purpose of the
ordinance is:
14 -101 B. Provide residential areas with healthy surroundings for family life by assuring that land
is divided and developed in a manner that is harmonious with its surrounding lands;
Allowing a separate entrance in this case would remove the access from near an existing dwelling.
(iii) Based on field observations and the comments of VDOT approval of this request would not be detrimental to the
public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to adjacent
land
RECOMMENDATION:
Staff finds that this request is primarily for the convenience and proprietary interests ofthe applicant and recommends
denial. In the event the Planning Commission chooses to approve this request staff offers the following conditions:
1. Include a note on the plat which states: "The streets in this subdivision may not meet the standards for
acceptance into the secondary system of state highways and will not be maintained by the Virginia Department of
Transportation or the County of Albemarle."
2. Include a note on the plat which states: "This private road will provide reasonable access by motor vehicle as
required by Section 14 -514 of the Albemarle County code."
3. Provide an updated Road Maintenance Agreement for review and approval by the County Attorney.
4. Include the following note on the plat: "The relocation of the right of way described herein is with the free
consent and in accordance with the desire of the undersigned owners, proprietors and trustees. Any reference to
future potential development is to be deemed as theoretical only. All statements affixed to this plat are true and
correct to the best of my knowledge."
5. The notarized signatures of the owners of Tax Map 131, Parcels 47B and 47B 1 must be provided on the plat.
Attachments:
2
A - Location Map
B - Tax Map
C - Plot plan of subdivision showing 30' right -of -way proposal.
D - Applicant's letter of request
E - Memo from VDOT
F - Copy of the original subdivision plat from 1987.
3