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Home My WebLink AboutSUB200800210 Legacy Document 2008-10-14�GF ALg� IRGINZP ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Robert L Martin, III — Staff: Summer Frederick, Senior Planner; SUB2008 -210 - Final Phil Custer, Engineer Planning Commission Public Hearing: Board of Supervisors Hearing: October 21, 2008 Not appli cable Owners: Robert L III or Paula K Martin; Applicant: Roger Ray Paula K Martin, Life Estate to Virginia W Kent Acreage: 3.18 total Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 56, Parcels 45A and 45A1 By -right use: R -2 — Single family dwellings in transitional density between higher and lower density districts. Location: Parcels are located on Park Road approximately 0.35 mile of the intersection with Tabor Street. Magisterial District: White Hall Proffers /Conditions: Not Applicable Requested # of Dwelling Lots: 4 DA X RA Proposal: Propose to divide two (2) existing Comp. Plan Designation: The lots into four (4) lots. Proposal requires a Comprehensive Plan designates this property waiver in order for the proposed lots to each as Urban Edge in the Crozet Community. have separate points of access. Character of Property: The two existing Use of Surrounding Properties: Property is parcels each have one (1) existing dwelling adjacent to multiple single family residences unit. and in close proximity to Claudius Crozet Park. Factors Unfavorable: Factors Favorable: 1. Construction of an internal road would 1. Individual driveways for each not result in significant degradation. proposed new lot would be in general 2. Topographical constraints may accord with existing development present issues with establishing along Park Road. adequate sight distance for each proposed driveway. RECOMMENDATION: Staff finds that the request to waive the requirement of Section 14- 404(A) is inappropriate in this circumstance, and therefore recommends denial of this waiver. Should the Planning Commission grant the waiver, staff recommends the following conditions: 1. Applicant graphically establish adequate sight distance for each new driveway on the final plat. STAFF CONTACT: PLANNING COMMISSION: AGENDA TITLE: PROPERTY OWNER /APPLICANT: Summer Frederick, Senior Planner October 21, 2008 SUB 08 -210 Robert L Martin, III - Waiver Request Robert L, III or Paula K Martin/ Roger Ray & Associates APPLICANT'S PROPOSAL: The applicant proposes dividing two (2) existing lots into four (4) new lots. The existing lots total 3.18 acres, with the proposed four (4) side -by -side lots being 30,330 S.F. (Revised TMP 56- 45A1), 25,475 S.F. (Lot A), 24,392 S.F. (Lot B), and 58,355 S.F. (Lot C). Each existing lot contains a single - family, detached dwelling, and are served by a single entrance from Park Road (Attachment C). The applicant's request is to have a separate entrance onto Park Road for each of the proposed four (4) new lots. CHARACTER OF AREA: This section of Park Road is located in the Crozet Development Area, and is characterized by single - family detached residences situated on medium sized lots. PLANNING AND ZONING HISTORY: None Available COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Urban Edge in the Crozet Community. The property is located in the Licking Hole Creek water supply protection area. DISCUSSION: This section of the Subdivision Ordinance serves to limit the number of new entrances off of existing public roads, and thereby reduce conflict points in the flow of traffic. 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. 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 by the county engineer. (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; Staff does not believe strict application of the applicable requirements would result in significant degradation of the property. This statement is somewhat speculative because the applicant did not submit a plan showing an internal road. In his justification letter the applicant states, "There is not enough area to permit an internal street to serve lots on the property "(Attachment D). Engineering staff believes it would be possible to design an internal road from Park Road to serve the four (4) proposed lots. - requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; Allowing individual entrances is contrary to the intent of Section 14 -404 of the Subdivision Ordinance. It is the intention of the section to reduce the number of entrances onto state roads, thus reducing conflict points with the flow of traffic. While reviewing this portion of the section, the Commission might also consider the area's future development allowed for by the Crozet Master Plan. While the Master Plan does not provide traffic projections for roads, increased traffic volumes can be anticipated as a result of significant development at the east end of Park Road. Individual entrances for the four (4) proposed lots would create three (3) additional conflict points with traffic flow along Park Road. - 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 for the proposed individual entrances would be consistent with existing driveways found along Park Road. However, it is staff's opinion that the presence of a significant hill located along the proposed lots' frontage will present issues with regard to establishing adequate sight distance for each new entrance (Attachment E). VDOT staff has visited the site and have verified each new lot posses a "location for a private entrance." (iii) the entrance complies with the design standards set forth in section 14 -410 (F) and 14- 410 (G) This requirement will be addressed as part of the review of the subdivision plat. (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. This requirement will be addressed as part of the review of the subdivision plat. RECOMMENDATION: Staff has reviewed the request in accordance with the requirements of Section 14- 404(C). No alternative standard is recommended by the County Engineer, and Engineering staff feels it possible to design an internal road to serve the proposed lots. While individual entrances would not be out of character with existing development, staff believes additional entrances onto Park Road present unnecessary conflict points with traffic flow. Staff finds that the request to waive the requirement of Section 14- 404(A) is inappropriate in this circumstance, and therefore recommends denial of this waiver. CONDITIONS RECOMMENDED: Should the Planning Commission grant the waiver, staff recommends the following conditions: 1. Applicant graphically establish adequate sight distance for each new driveway on the final plat. ATTACHMENTS: A. Detail /Location Map B. Proposed Layout C. Photograph of existing entrance D. Photograph of hill on Park Road E. Applicant's request for waiver of 14- 404(A)