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HomeMy WebLinkAboutSUB200600292 Staff Report 2006-11-02J4, 1 Ryla- I`ll xi 1•t4' ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Karen R. Lewis GST Trust — Staff: David Pennock SUB 06 -292 Planning Commission Public Hearing: Board of Supervisors Hearing: November 7, 2006 Not applicable Owners: Karen R. Lewis, Trustee Applicant: Same Acreage: 143.705 Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 69, Parcel 6 By -right use: RA — Single- family residential Location: Located at the intersections of and agricultural uses appropriate to Entrance Critzers Shop Road (Route 151) with Dick Corridor Woods Road (Route 637) and Goodloe Lane (Route 803) Magisterial District: Whitehall Proffers /Conditions: Requested # of Dwelling Lots: DA — RA — X Proposal: Applicant proposes to create one Comp. Plan Designation: The additional lot. The current plan requires a Comprehensive Plan designates this property waiver in order for the existing dwelling and as Rural Area in Rural Area 3. the new lot to have separate points of access. Character of Property: This property is an Use of Surrounding Properties: Adjacent to active farm. One dwelling and many out multiple residential subdivisions, including buildings are on the property. Franklin, Ashcroft West, Cascadia, and Fontana. Factors Favorable: (multiple — see report) Factors Unfavorable: (multiple — see report) RECOMMENDATION: Staff finds that the request to waive the requirement of Section 14- 404(A) is appropriate in his circumstance, and therefore recommends approval of this waiver. STAFF CONTACT: PLANNING COMMISSION: AGENDA TITLE: PROPERTY OWNER/APPLICANT: David E. Pennock, AICP November 7, 2006 SUB 06 -292 Karen R. Lewis GST Trust - Waiver Request Karen R. Lewis, Trustee BACKGROUND: The applicant is requesting approval to create a new 3.7 acre parcel (Attachment B). As part of the proposal, 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- 404(A) of the Subdivision Ordinance (Attachment Q. The property, described as Tax Map 69, Parcel 6, is zoned RA, Rural Area and EC, Entrance Corridor (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 road 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 agentprior to approval of the finalplat that the waiver does not violate any covenants to be recorded for the subdivision. For purposes of this section, the term "reasonable access " means a location for a driveway or, if a driveway location is notprovided, a location for a suitable footpath from theparking 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; or No alternative standard is recommended. (ii) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding theproprietary interests of the subdivider, strict application of the applicable requirements would result in significant degradation of theproperty or to the land adjacent thereto; This parcel, at 143 acres, is large enough that it fronts on several public streets - Old Turnpike Road (Rte. 750) to the north, Goodloe Lane (Route 803) to the east, Critzers Shop Road (Route 15 1) on the southeast side, and Dick Woods Road (Route 637) on the southwest side. The existing access to the dwelling on the property is from Dick Woods Road. The proposed lot would access from Critzers Shop Road approximately 3,000 feet away. In order to construct a drive from the existing entrance through to the proposed lot, an estimated 1.7 acres of disturbance would be required. - 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. However, the abundance of frontage of the property on multiple public streets coupled with the overall size of the farm will provide separation between the proposed entrance and all existing entrances on to public streets. 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; Granting the waiver would not appear to be detrimental to the public health, safety, welfare, or orderly development of the area. VDOT has field reviewed the proposed entrance location and found it to be adequate. RECOMENDATION: Staff has reviewed the request in accordance with the requirements of Section 14- 404(C). Staff finds that there are unusual circumstances present on this property that may indicate the appropriateness of a waiver. The construction of a drive utilizing existing entrances would require at least an estimated 1.5 acres of disturbance. There is also a physical separation between the entrances to this property that will allow the new entrance to front on a different street and away from existing drives. With the requisite 250 feet of road frontage on an existing public road, this waiver would not be necessary if the proposed parcel were 5 acres instead of 3.7 acres. Staff finds that the request to waive the requirement of Section 14- 404(A) is appropriate in his circumstance, and therefore recommends approval of this waiver. ATTACHMENTS: A. Detail /Location Map B. Overall Plat Layout C. Property owners request for waiver of 14- 404(A)