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HomeMy WebLinkAboutSUB200700182 Review Comments 2008-05-12From: Greg Kamptner Sent: Monday, May 12, 2008 10:03 AM To: Bill Fritz Subject: FW: Zinnser -Booth Waiver Request M- IN This is for your information at this point and it pertains to SUB 2007 -182 -- Michael Zinnser Booth and Charlotte Zinnser Booth. The PC granted a section 14 -404 waiver last September 4 (see my memo to Corban Klug and the excerpt from the PC's September 4 Action memo below). Corban is an attorney with Scott Kroner and he represents the Booths. Bob Kroner and I had discussed this project and the Booths' options last October, and Bob has now assigned this project to Corban. Greq Kamptner Deputy County Attorney County of Albemarle Notice: This email may contain attorney- client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Greg Kamptner Sent: Monday, May 12, 2008 9:57 AM To: ' Corban A. Klug' Subject: RE: Zinnser -Booth Waiver Request Corban- To follow up on my voice mail: The application before the Commission last September 4 was a waiver of the requirements of section 14 -404 of the County Code, which requires that a subdivision take access from a single existing road. Your clients desired the waiver to gain access to Lot B from Route 240, and access to Lot A from an extension off of Brookwood Road. The multiple access points would allow the subdivision without requiring a road to cross Lickinghole Creek. Your clients agreed to restrict the development of Lot A to 2 dwelling units. The right -of -way off of Brookwood Road that would provide access to Lot A was dedicated to public use, but it was never built. One of the owners whose house abuts the right -of -way objected to it becoming an open public street. Condition 2 of the Section 14 -404 waiver stated: "2. The Board of Supervisors will either abandon the 50' right -of -way, which would access this property to the subdivision behind it or grant the applicants the right to have a single private shared driveway under County standards to access the 2 dwelling units to be built." Under current VDOT regulations (and they are in the process of being revised), the State will not accept a public street serving a residential subdivision into the state maintained system unless it serves 3 or more dwellings. The condition gave your clients two options: (1) ask the Board of Supervisors for permission to allow what essentially would be a 2 -lane private driveway across the public right -of -way, I'll note that County staff would likely recommend against this approach: (2) ask the Board of Supervisors to abandon the public right of way so that a private street could be built in its place: there are two issues related to this request -- whether the Board would approve the request in the first place, Particularly since it is in the County's development area identified in the Comprehensive Plan (it appears that the appropriate procedure in this case would be under Virginia Code 33.1 -157 et sea) and, if so, to whom would the abandoned right -of -way be conveyed (see Virginia Code 33.1- 165). The Commission's approval with these conditions was not appealed to the Board of Supervisors. Your clients have two other options: (1) proceed with subdividing their land without the section 14 -404 waiver; last week the Board of Supervisors amended the Water Protection Ordinance regarding stream crossings (see this link and the attachments: http: / /www.albemarle.org /upload /images /Forms Center /Departments /Board of Supervisors /For ms/ Agenda /20030507/WPTAExecSummary.htm ; or (2) re -apply for a section 14 -404 waiver. I suggest that you also work with Bill Fritz and his staff in the Current Development Division of the Department of Community Development (296 -5832) regarding this subdivision. Below is the Plannina Commission action memo for vour client's Section 14 -404 waiver. SUB2007 -00182 Michael Booth — Waiver DEFERRED FROM AUGUST 7 PC MEETING Proposal for a waiver to subdivision ordinance section 14 -404, "Lot location to allow access from lot onto street or shared driveway ". The request is for a waiver to allow each of two proposed lots to access out on to separate public streets. The property, described as Tax Map 56, Parcel 35, contains 45.6 acres zoned R1 (Residential) and EC (Entrance Corridor). This site is located in the Whitehall Magisterial District off Crozet Avenue (Route 2401 across from Meadow Drive. The Comprehensive Plan designates this property as Crozet Community, with land use recommendations including CT -1 (Development Area Reserve), CT -2 (Development Area Preserve). CT -3 (Urban Edae). and CT -4 (Urban General). (David Pennock) Motion: Mr. Zobrist moved, Mr. Edgerton seconded, to approve the waiver of 14 -404 for SUB - 2007 -00182 Michael Booth with the following conditions: 1. No more than 2 dwelling units will be constructed on Lot A (13.96 acres). 2. The Board of Supervisors will either abandon the 50' right -of -way, which would access this property to the subdivision behind it or grant the applicants the right to have a single private shared driveway under County standards to access the 2 dwelling units to be built. Mr. Kamptner clarified that they were actually in addition to and not an alternative to the motion. Ms. Joseph pointed out that when a driveway was put in that there would be standards. The County would be looking at it to make sure the drainage is not such that it would cause problems on Mr. Newton's property, which is adjacent. Mr. Shepherd pointed out that it would be a road that would have to be approved by the Planning Commission. It is a road serving 2 lots in the development area and would require Commission approval. Mr. Strucko said that it would be a common driveway instead of a road. Ms. Joseph pointed out that it was 1 road serving 2 lots in the growth area. Therefore, the request would come back to the Commission. The motion passed by a vote of 7:0. (Mr. Zobrist voted aye with kudos to the applicant for making this great gift to the Crozet community.) Ms. Joseph asked what the procedure would be next. Would this request go to the Board of Supervisors with the Commission's recommendation? Mr. Kamptner replied that the waiver has been approved. There are some conditions to actually develop Lot A. The applicants needs to make a request to the Board of Supervisors as to the use of that property or to make a request that public right -of -way be abandoned in conjunction with the owners in the subdivision. Ms. Joseph said that it is up to the applicant to make that request. The recommendation from the Planning Commission will be for them to approve that. Mr. Ray asked if it would not be appropriate to do that when they submit the subdivision plat creating Lot A and Lot B. Mr. Kamptner said that was fine. If there is abandonment, of course, the Booths would want to obtain an easement over that abandoned right -of -way_ Ms. Joseph acknowledged that it was a gift to the community. Greg Kamptner Deputy County Attorney County of Albemarle Notice: This email may contain attorney- client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Corban A. Kluglmailto :cklug'bscottkroner.com] Sent: Thursday, May 08, 2008 2:17 PM To: Greg Kamptner Subject: Zinnser -Booth Waiver Request Hi Greg: I received your message on Monday afternoon. I haven't heard from you and I thought I would check in. Give me a call at vour earliest convenience. Thanks! Regards, Corban Corban A. Mug, Esq. Attorney at Law SCOTT KRONER, PLC 418 East Water Street P.O. Box 2737 Charlottesville, Virginia 22902 434.296.2161 (voice) 434.293.2073 (fax) www.scottkroner.com