HomeMy WebLinkAboutSUB200600084 Executive Summary 2006-05-30COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB 2006 -00084 Charles Frankfurt
2 Lot Subdivision — Access Waiver Request
SUBJECT /PROPOSAL /REQUEST:
Request for a waiver of Section 14- 404(A), which
requires that each lot have access from only one street,
established at the time of the subdivision.
STAFF CONTACT(S): Francis H. MacCall
AGENDA DATE: May 30, 2006
CONSENT AGENDA: Yes
ACTION: Yes
ATTACHMENTS: Yes
REVIEWED BY: WDF, DEP
PROPERTY OWNER/APPLICANT: Charles or Elfi Frankfurt
BACKGROUND: The applicant is proposing a 2 lot subdivision establishing a private street that would serve the 2 lots.
The 2 lots are required to use the new 150'private street that is shown on the plat for access (Attachment B & Q. The
requested waiver is to allow the 98.5889 acre residue to continue to use its existing access from Route 600 and Route 686
and not be required to access the new 150' private street.
DISCUSSION: The applicant contends that building the new road and driveway to access the existing building site on the
residue would require the disturbance of critical slopes and a stream buffer.
RECOMMENDED ACTION: Staff recommends to the Commission approval of the waiver to Section 14 -404 of the
Subdivision Ordinance.
STAFF CONTACT: Francis H MacCall, Senior Planner
PLANNING COMMISSION: May 30, 2006
AGENDA TITLE: SUB 2006 -00084 Charles Frankfurt 2 Lot Subdivision — Access Waiver Request
PROPERTY OWNER/APPLICANT: Charles or Elfi Frankfurt
BACKGROUND: The applicant is requesting approval to create a new 23.1159 acre parcel. In addition, the applicant is
requesting to continue use of existing points of access for the remainder of the property, which requires a waiver of
Section 14 -404A of the Subdivision Ordinance (Attachment B & Q. The property, described as Tax Map 82, Parcel 3, is
zoned RA, Rural Area and located in the Rivanna Magisterial District on Packwood Road (Route 686) approximately 0.25
miles from its intersection with Campbell Road (Route 600). The Comprehensive Plan designates this property as Rural
Areas in Rural Area 2 (Attachment A).
DISCUSSION:
Pursuant to Section 14 -404 of the Albemarle County Code, each lot shall have immediate vehicular access onto a public
street or a private street as follows:
14 -404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Each lot, other than a corner lot within the development areas, shall have reasonable access to the building
site from only one street, shared driveway or alley established at the same time as the subdivision; provided that a lot
may be located so that its driveway enters only onto a public street abutting the subdivision if (i) the commission grants
a waiver under subsection (C); (ii) the subdivider obtains an entrance permit from the Virginia Department of
Transportation for the access; (iii) the entrance complies with the design standards set forth in sections 14- 410(F) and
14- 410(G); and (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not
violate any covenants to be recordedfor the subdivision. For purposes of this section, the term "reasonable access"
means a location for a driveway or, if a driveway location is not provided, a location for a suitable foot path from the
parking spaces required by the zoning ordinance to the building site; the term "within the subdivision " means within
the exterior boundary lines of the lands being divided.
This section of the Subdivision Ordinance serves to limit the number of new entrances off of existing public roads. In
accordance with section 14- 404(C), the Commission may approve a waiver or variation if it finds that:
(i) the county engineer recommends an alternative standard,
The requested waiver of internal road access for the proposed subdivision has been reviewed. In terms of the ordinance
language according to 14 -404 (C)(i), no alternative standard is recommended.
Given the proposed subdivision layout, the only possible alternative driveway location for lot 1 that does not go through
the stream buffer appears to be along the western property line climbing a 30% slope. This is not practical. Another
possibility for consideration was the elimination of one of the existing entrances. This was raised because a possible
intent of this section of the ordinance was the reduction of driveways and entrances on public roads. However, given the
size of the proposed lots and the separation of entrances, this is not a recommendation.
(ii) because of unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interests of the subdivider, strict application of the applicable requirements
would result in significant degradation of the property or to the land adjacent thereto;
The disturbance required to access the existing building site on Parcel 3 would not only be the 30' X 150' street but
would include the establishment of a new driveway all the way to the exiting residence. This would require
disturbance of the 100' stream buffer and of critical slopes. Staff believes this disturbance to be significant enough to
grant the waiver (Attachment B).
- requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest,
Allowing a separate entrance for Lot 1 is contrary to the intent of Section 14 -404 of the Subdivision Ordinance, which
is in part to reduce the numbers of entrances on State roads, and thus reduce conflict points with the flow of traffic.
With that said, other purposes and goals of the County ordinances are to protect the stream buffers and critical slopes
by not allowing construction within those areas.
granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of
the area, to sound engineering practices, and to the land adjacent thereto;
The proposed residue of Parcel 3 has two existing entrances - one from Route 600 and one from Route 686. These
entrances have been established for a long period of time and not only provide access to the dwelling, but also access
for the foresting on the property.
VDOT has field reviewed the proposed entrance on Route 686 and found it to be adequate.
RECCOMENDATION: Staff finds that the request to waive the requirement of Section 14- 404(A) is appropriate, and
therefore recommends approval of this waiver.
ATTACHMENTS:
A. Detail/Location Map
B. Overall Plat Layout
C. Subdivision Plat
D. Property owners request for waiver of 14 -404A