HomeMy WebLinkAboutSUB200400311 Executive Summary 2004-12-14COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB- 2004 -311 Proffit Ridge AGENDA DATE: December 14, 2004
Preliminary Plat
ACTION:
SUBJECT/PROPOSAL/REQUEST:
Request, pursuant to Section 14- 505(B), to allow a lot CONSENT AGENDA: No
to access only a public road abutting the subdivision.
ACTION: Yes
STAFF CONTACT(S): Steve Tugwell
ATTACHMENTS: Yes
REVIEWED BY: AM, WDF
BACKGROUND: The subject parcel, Tax Map 46 Parcel 3813, contains approximately 20 acres and is located on State
Route 649 (Proffit Road) in the Rivanna Magisterial District, and is zoned RA (Rural Areas) (Attachments A). The
applicant is requesting that proposed lot 12 be accessed from State Route 649 (Proffit Road) instead of by the proposed
internal public street. This request is defined as a subdivision in the County Subdivision Ordinance and is therefore subject
to all subdivision regulations, including Section 14 -505.
DISCUSSION:
Pursuant to Section 14 -505 of the Albemarle County Code each lot shall have immediate vehicular access onto a public
street or a private road as follows:
A. Except as provided in paragraphs (B) and (C), each lot shall have immediate vehicular access to only one public
street or private road, which is within the subdivision.
B. A lot may be located so that it has immediate vehicular access to only a public street abutting the subdivision if
the commission approves a waiver pursuant to section 14 -237, 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(1).
C. 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(1). If the commission approves the
waiver request, its approval shall include a condition that the waiver is valid only if the subdivider demonstrates to the
agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision.
If the commission approves the waiver request, its approval shall include a condition that the waiver is valid only if the
subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any covenants to
be recorded for the subdivision. The purpose of Section 14 -505 of the ordinance is intended to minimize the number of new
entrances onto public roads. This request for a waiver specifically applies to Section 14 -505 (B), as stated above.
In accordance with section 14- 237(C), 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 of the developer, strict application of the applicable requirements would result in
significant degradation of the property or land adjacent thereto; Strict application of the requirements of this chapter
would result in significant degradation of the property through the amount of land disturbance necessary in order to create
access from the rear of proposed lot 12 to the proposed internal road. The slopes in this area are very steep and staff
suggests that a waiver from this section would eliminate such land disturbing activity.
(ii) requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest;
The slopes in this area are very steep (in excess of 25 %) and staff suggests that a waiver from this section would mitigate
the land disturbing activity in which this chapter tries to discourage.
(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. Granting this waiver would not be
detrimental to the public health, safety or welfare. Denial of the waiver may be considered a deviation from sound
engineering practices. Lot 12 may be accessed by constructing access to the proposed internal road. This access would
impact critical slopes. Staff reminds the commission that grading for access is not subject to the critical slope provisions of
the ordinance.
VDOT has reviewed the proposal to allow lot 12 to gain sole access from State Route 649 and supports this request.
RECOMMENDATION Staff recommends that the request to waive Section 14 -505 (B) be granted with the following
conditions:
The subdivider must demonstrate prior to final plat approval, that a waiver would not violate any covenants to be
recorded with the subdivision.
2. The applicant must obtain an entrance permit from VDOT and the entrance must meet VDOT standards.
Attachments:
A - Vicinity Map
B - Copy of Plat
C - Engineering comments dated 10/19/04
D - Letter of Justification from Applicant