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Home My WebLink AboutSUB200800205 Legacy Document 2008-10-16AG�`9 U �'IRGINIP/ ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Dennis Morris 2 -Lot Subdivision Staff: Elizabeth Marotta, Senior Planner/ Phil Custer, Engineer Planning Commission Public Hearing: Board of Supervisors Hearing: October 21, 2008 Not applicable Owners: Anita F. Seale Applicant: Dennis Morris Acreage: 9.40 ac Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 49 -26 By -right use: Rural Areas (RA) Location: South side of State Route 674, approximately 2300' west of the intersection of Break Heart Road and Brownings Gap Turnpike (State Route 810). Magisterial District: White Hall District Proffers /Conditions: N/A Requested # of Dwelling Lots: 1 new lot DA — RA — X Proposal:. Waiver of Section 14 -404A, in Comp. Plan Designation: Rural Areas in conjunction with a by -right 2 -lot subdivision, to allow Rural Area 1 the existing dwelling to continue to use the existing driveway from Break Heart Road (State Route 674) rather than sharing the use of a new 50' private access easement from State Route 674 with the proposed new lot. Character of Property: Rural, with existing Use of Surrounding Properties: Rural dwelling, horse pastures and accessory buildings. residential Factors Unfavorable: Factors Favorable: - alternative design solutions would not - No adverse impacts to Break Heart Road require 14 -404 waiver - Preserve integrity of horse pasture - no unusual physical conditions RECOMMENDATION: Staff does not find the request is not in conformance with the requirements of Sec. 14 -404C, and that the unfavorable factors outweigh the favorable factors. Staff recommends denial of this waiver. STAFF CONTACT: Elizabeth M. Marotta PLANNING COMMISSION: October 21, 2008 AGENDA TITLE: SUB 2008 -205 Dennis Morris APPLICANT: Dennis Morris PROPERTY OWNER: Anita F. Seale APPLICANT'S PROPOSAL: Waiver of Sec. 14- 404.A, in conjunction with a 2 -lot subdivision. The applicant proposes a front /back, 2 -lot subdivision. The existing lot is 9.40 acres, with the proposed front lot ( "Lot 1 ") being 4.0 acres and the proposed rear lot ( "Lot 2 ") being 5.40 acres. There is an existing house on "Lot 1" that is served by an existing gravel driveway from Break Heart Road (State Route 674). The applicant's request is to allow the existing gravel driveway to continue to serve Lot 1, while a separate new 50' private access easement would provide access to Lot 2. CHARACTER OF AREA: This is a rural area of Albemarle. Break Heart Road is characterized by residential lots and some agricultural uses. The subject property features an existing home, horse pasture, and accessory buildings. PLANNING AND ZONING HISTORY: None Available COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Areas 1. It is not in an agricultural - forestral district. It is within the Doyles River water supply protection area. REASON FOR PLANNING COMMISSION REVIEW: Section 14 -404A of the Albemarle County Code requires that each lot within a subdivision have access from only one street created at the time of the subdivision: 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 provision requires the applicant to provide access to Lots 1 and 2 from an approved internal street created at the time of the subdivision. The applicant is requesting that Lot 1 be accessed via a previously existing driveway from Break Heart Road, and not an internal street created at the time of the subdivision. This requires a waiver. Section 14 -225.1 of the Albemarle County Code enables the applicant to request a waiver of the requirements of Sec. 14 -404A, and dictates that the waiver request is reviewed by the Planning Commission. Sec. 14 -404C describes the scope and purpose of Planning Commission review: ...In reviewing a waiver request, the commission shall determine whether: (i) the county engineer recommends an alternative standard; or (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. In approving a waiver, the commission shall find that requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; and 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. In reviewing a waiver request, the commission may allow a substitute design of comparable quality, but differing from that required, if it finds that the subdivider would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement. DISCUSSION: In reviewing a 14 -404 waiver request staff is charged with analyzing whether granting the waiver would not be detrimental to public safety, whether it contributes to orderly development of the area, and whether the proposal is in compliance with sound engineering practices. To that end, staff has reviewed this application against section 14 -404C (in italics), which resulted in both favorable and unfavorable findings: (i) the county engineer recommends an alternative standard; or The County engineer is charged with reviewing the application for compliance with sound engineering practices. After completing his review, he found that while the proposed design is not in conflict with sound engineering principles, there is at least one other design alternative that would also be in conformance with sound engineering practice but that would not require a waiver, for example: The application states that in order for both lots to use the same entrance, 170' of additional driveway would have to be constructed. This claim is predicated on the proposed 50' street easement being located along the western property line from Route 674 to Lot 2. However, based on the physical conditions of the property, it would be possible for the new 50' street easement to use the existing driveway ingress /egress point, for example, and then swing southwest towards Lot 2, thereby allowing one point of ingress /egress that could serve both lots. As the County engineer stated in his comment letter dated 9/15/08, this method would not likely require any grading. The fact that there is an alternative design solution that would not necessitate a waiver of Section 14 -404 is an unfavorable factor. (ii) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interest of the subdivider, strict application of the applicable requirements would result in significant degradation of the property or to the land adjacent thereto; This application fails to show that there are any physical reasons why the waiver is needed. The letter requesting the waiver states the reason for the request is "requiring both lots to use the same entrance from State Route 674 would require the construction of approximately 170 feet of additional driveway." The lack of physical constraints or unusual conditions is an unfavorable factor, and the ordinance expressly states that proprietary interests, such as those that would be associated with constructing additional driveway length, cannot be a factor in determining whether a waiver shall be granted. - requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; - 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 the land adjacent thereto; Pursuant to determining whether the additional entrance onto Break Heart Road would be detrimental to public safety, VDOT reviewed the application and determined that there would be no adverse impacts to Break Heart Road (Route 674) if a new ingress /egress were provided and the original driveway were to remain in operation. While the applicant has not expressly discussed the horses and horse pasture with regard to their waiver request, staff performed a site visit and noted that permitting the waiver would allow the applicant to preserve the integrity of the existing pasture. Because of the configuration of existing buildings on the property that are to remain, requiring the applicant to provide only one ingress /egress from Break Heart Road would likely cause a driveway to bisect the horse pasture. This would result in the loss of agricultural area. The loss of agricultural area is not consistent with the public interest or the orderly development of the area. (iii) the entrance complies with the design standards set forth in section 14 -410F and 14 -410G This requirement is 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 plat. This requirement will be addressed as part of the review of the subdivision plat. SUMMARY AND RECOMMENDATION: Review of the application revealed both favorable and unfavorable findings: Favorable factors: 1. VDOT has determined there would be no adverse impacts to Break Heart Road (Route 674) if a new ingress /egress were provided and the original driveway were to remain in operation. 2. Permitting separate driveways would help preserve the integrity of the existing horse pasture (an agricultural use) located in the southwest corner of the property. nfavorable factors: 1. There is at least one alternative design solution that would not necessitate a waiver of Section 14 -404. 2. No unusual size, topography, shape of the property, location of the property, or other unusual conditions, excluding the proprietary interest of the subdivider.... Have been identified that would support the approval of this modification. Staff's opinion is the request is not in conformance with the requirements of Sec. 14 -404C, and that the unfavorable factors outweigh the favorable factors. Therefore, staff recommends denial of this waiver. ATTACHMENTS: A. Site Plan B. Location /Detail Maps C. Applicant Justification D. Photos 26 -44 26 -47D 4896 26 -47B 26 -47C IWDO 26 -40E 26 -47A ❑ A�a �- 4717,8 26 -48 � �wm 4936 ❑ �� a 26 -49A 4941 26 -50A 3630 4991 26 -50 126 -52E 4949 3660 TMP 26-49 26 -46C 26 -46E 4872 674 26 -46A 4820; 8�1 \ ;I! 26 -460 483525 4875 4895 26-49D 26 -49B NL 26 -49 26 -49C 26 -49C2 26 -49C1 " / 26 -51 27- 0 ZZ27 -16B 300 Feet GIS -Web Geographic Data Services www.albemade.org (434) 296 -5832 Map is for display purposes only • Aerial Imagery from Commonwealth of Virginia Attachment to Toe, 22 2008 Legend (Note: Some items orn map nay not appaer In legai 26 -40E ❑ A�a �- 4717,8 � �wm ❑ �� a 4784 47186 26 -46 26 -51C 26 -51A 4779 26 -49C1 " / 26 -51 27- 0 ZZ27 -16B 300 Feet GIS -Web Geographic Data Services www.albemade.org (434) 296 -5832 Map is for display purposes only • Aerial Imagery from Commonwealth of Virginia Attachment to Toe, 22 2008 ROGER W. RAY & ASSOC., INC. 1717 -1 B ALLIED STREET CHARLOTTESVILLE, VIRGINIA 22903 TELEPHONE: (434) 293 -3195 FAX NUMBER: (434) 293 -4202 E -MAIL: RWRINC @EARTHLINK.NET Brian S. Ray, LS Roger W. Ray, LS Albemarle County Planning Commission 401 McIntire Road Charlottesville, Virginia 22903 Attn: Bill Fritz RE: Tax Map 26 Parcel 49 To Commission Members: Land Surveyors Land Planners July 22, 2008 As an agent for the property owner (Anita F. Seale) and the future owners of Lot 1 (Alton Morris) and Lot 2 (Dennis Morris), brothers of the property owner, and in accordance with Section 14 -225.1 of the Albemarle County Subdivision Ordinance, I am requesting a waiver of the strict condition of Section 14 -404.A requiring that Lot 1 and proposed Lot 2, as shown on the enclosed Exhibit "A ", dated July 21, 2008, shall have access to the building site from only one street, for the following reasons. Lot 1 is currently, and has been historically accessed by a gravel drive from State Route 674. Access to proposed Lot 2 would be by a new driveway along the southwest side of Lot 1. Requiring both lots to use the same entrance from State Route 674 would require the construction of approximately 170 feet of additional driveway. In April of 2005, 1 started working on this project for Rosalie Morris (deceased), mother of Anita F. Seale, Alton Morris, and Dennis Morris, as a Family Division. Rosalie Morris's health condition prevented the family from going forward and completing the Family Division. If the subdivision had been completed as a Family Division, Section 14 -404.A would not have applied, and a waiver would not have been necessary. Charles Baber of VDOT has advised that a private entrance at each location is satisfactory. I believe granting this waiver would be in keeping with the spirit of Family Division and would eliminate the requirement for approximately 170 feet of additional driveway to be constructed. If you need additional information or copies, please do not hesitate to contact me. Respectfully, Roger W. Ray, L.S. enclosure: Exhibit "A" copy: Dennis Morris Attachment C °� Ir 460 f4cf t 40 ---- - - - - - -- ATE--- _--- - - - - -- - - - -- ROUTE 674 'VO NI I � I� FIX �3 o� z -r, -� rn o z LO M .D/liv /F Wig -X C) DZ C-)� irn Ex�3Tiv�. c "IN Dirt' 50' R/W (D. B. 929 -2 BREAK HEART ROAD F� � 0 0/, 0 S I ATTACHMENT D: PHOTOS Above: Break Heart Road looking northeast. Existing driveway is on the right. Above: Break Heart Road looking southwest from the existing driveway. SUB 2008 -205 Dennis Morris Above: Photos taken from eastern boundary of the pasture, looking west. Accessory building in the distance is described as "Metal & Frame Building" on the plat. SUB 2008 -205 Dennis Morris