HomeMy WebLinkAboutSUB200700187 Staff Report 2007-10-02ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SUB2007 -187 Morris, Virgie
Staff: Summer Frederick
— 14 -404 Waiver
Planning Commission Public Hearing:
Board of Supervisors Hearing:
October 2, 2007
Not applicable
Owners: Estate of Virgie Morris
Applicant: Charles Morris & Ruth Dudley
Acreage: 6.90 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 112, Parcel 33D
By -right use: RA — Single- family residential
Location: Located on the western side of
Morris Creek Road (S.R. 720), approximately
0.25 mile west of its intersection with
Scottsville Road (S.R. 20)
Magisterial District: Scottsville
Proffers /Conditions: Not applicable
Requested # of Dwelling Lots: 2
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, to allow the new lot and the remaining
as Rural Area in Rural Area 4.
residue to continue using existing, separate
entrances.
Character of Property: The majority of the
Use of Surrounding Properties: Adjacent
property is cleared with two houses existing.
properties are single family dwellings.
Factors Favorable:
Factors Unfavorable:
The separate entrances exist and are
None
currently used by residents.
RECOMMENDATION:
Staff finds that the request to waive the requirement of Section 14- 404(A) is appropriate in this
circumstance, and therefore recommends approval of this waiver.
STAFF CONTACT:
PLANNING COMMISSION:
AGENDA TITLE:
PROPERTY OWNER /APPLICANT:
Summer Frederick, Senior Planner
October 2, 2007
SUB2007 -187 Morris, Virgie I — 14 -404 Waiver
Virgie Morris Estate / Charles Morris & Ruth Dudley
BACKGROUND: The applicant is requesting approval of a waiver of Section 14- 404(A) of the Subdivision
Ordinance in advance of seeking approval to create a new 2.240 acre lot with a residual of 2.240 acres. As
part of the subdivision proposal, the applicant wishes to continue use of existing points of access for the two
proposed lots, which requires a waiver of Section 14- 404(A) of the Subdivision Ordinance. The property,
described as Tax Map 112, Parcel 33D, is zoned RA, Rural Area.
PLANNING AND ZONING HISTORY:
1982 — Family division approved, creating 2.00 acre lot TMP112 -33C. Four division rights remaining with
residue of TMP 112 -33D.
SUB85 -101 — Family division approved, creating 2.089 acre lot TMP 112 -33F. Three division rights remaining
with residue of TMP 112 -33D.
SUB1991 — Family division approved, creating 2.093 acre lot TMP 112 -33D3. Two division rights remaining
with residue of TMP 112 -33D.
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 agent prior to approval of the final plat 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 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; 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 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;
Strict application of the requirements would not result in significant degradation of the property.
- requiring the standard would not forward the purposes of this chapter or otherwise serve the public
interest;
Allowing separate entrances is contrary to the intent of Section 14 -404 of the Subdivision Ordinance, which
is to reduce the number of entrances on State roads, and thus reduce conflict points with the flow of traffic.
However, because the entrances already exist, the number of entrances on the State road would not
increase.
- 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 entrance locations and found them to be adequate,
with appropriate sight distance easements. The road on which the entrances are found is not a through
road, it terminates into a farm road, and the amount of car traffic on the road is minimal.
RECCOMENDATION: Staff has reviewed the request in accordance with the requirements of Section 14-
404(C). While no alternative standard is recommended by the County Engineer, staff finds the existence of
established and currently used entrances on this property supports the appropriateness of a waiver. Staff
finds that the request to waive the requirement of Section 14- 404(A) is appropriate in this circumstance and
therefore recommends approval of this waiver.
ATTACHMENTS:
A. Applicant's Letter and Other Documents
B. Arial Map
C. Engineering Staff Report