HomeMy WebLinkAboutSUB200600292 Staff Report 2006-11-02J4, 1 Ryla-
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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)