HomeMy WebLinkAboutARB200200132 Staff ReportL
�S r
"yam
J rRGI1�SQ,
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: Access onto Lambs Road
Staff: Gerald Gatobu, Senior Planner, Allan
from lot 4 Roselyn Heights - (404 Waiver
Schuck, Senior Civil Engineer.
Request).
Planning Commission Public Hearing:
Board of Supervisors Hearing:
June 05 2007
Not Applicable.
Owners: Farabaugh, Michael Anthony Living
Applicant: Michael Farabaugh.
Trust; Michael Anthony Farabaugh Trustee.
Acreage: 6.478 acres.
Rezone from: Not applicable.
Special Use Permit for: Not applicable.
TMP: Tax Map 61 Parcel 2C.
By -right use: Rural Area.
Location: Off Hydraulic Road [State Route
7431 at the end of Roslyn Heights Road.
Magisterial District: Jack Jouett
Proffers /Conditions: Not applicable.
Requested # of Dwelling Units /Lots: Not
DA RA x
applicable
Comp. Plan Designation: Rural Area in
Proposal: Proposal for a waiver to
Rural Area 1.
subdivision ordinance section 14 -404, "Lot
location to allow access from lot onto street or
shared driveway ".
Character of Property: The lot is mostly
Use of Surrounding Properties:
wooded. A perennial stream (Northerly Creek)
Residential /Single Family Homes.
with a 100' stream /water protection ordinance
buffer traverses the middle of the lot. There is
a 10' wide gravel driveway that accesses the
cul -de -sac at Roslyn Heights Road into the
property. The Lot is bordered on the western
edge by Lambs Road, [State Route 657].
Factors Favorable: See Report
Factors Unfavorable: See Report
RECOMMENDATION: Denial.
STAFF PERSON: Gerald Gatobu
PLANNING COMMISSION: 06/05/2007
SUB 2007 -132 Access onto Lambs Road from lot 4 Roslyn Heights (404 Waiver Request):
APPLICANT: Michael Farabaugh
PROPERTY OWNER: Farabaugh, Michael Anthony Living Trust; Michael Anthony Farabaugh Trustee
APPLICANT'S PROPOSAL:
This proposal is for a waiver to subdivision ordinance section 14 -404, lot location to allow access from a lot
onto street or shared driveway ". The property, described as Tax Map 61 Parcel 2C, contains 6.478 acres zoned
RA (Rural Areas). This site is located in the Jack Jouett Magisterial District off Hydraulic Road [State Route
743] at the end of Roslyn Heights Road. The Comprehensive Plan designates this property as Rural Areas in
Rural Area # 1.
CHARACTER OF AREA:
The property is in the Roslyn Heights Subdivision (lot 4). The lot is mostly wooded. A perennial stream
(Northerly Creek) with a 100' stream/water protection ordinance buffer traverses the middle of the lot. There is
a 10' wide gravel driveway that accesses the cul -de -sac at Roslyn Heights Road into the property. Lot 4 is
bordered on the western edge by Lambs Road, State Route 657.
PLANNING AND ZONING HISTORY:
I have included as an attachment correspondence between Ethan A Miller and a Mr. Richard E. Tarbell
(Planner) Attachment (A). The correspondence provides a detailed planning and zoning history.
COMPREHENSIVE PLAN:
This property is located in Rural Area 1 of the Comprehensive Plan.
REASON FOR PLANNING COMMISSION REVIEW:
Waiver of section 14 -404 requires Planning Commission approval in accordance with Section 14 -225.1 of the
Albemarle County Subdivision Ordinance.
STAFF COMMENT:
Recommendation: Staff finds that the request to waive Section 14 -404 (B) is not appropriate in this
circumstance.
2
REVIEW OF REQUEST FOR 404 Waiver:
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.
B. If the subdivision is within the rural areas, all subsequent divisions of the residue shall
enter only onto such street(s) shown on the approved final plat and shall have no immediate access onto to
any public street.
C. The requirements of this section may be waived by the commission as provided in section
14- 225.1. 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.
This section of the Subdivision Ordinance serves to limit the number of new entrances off of existing public
roads. This request for a waiver specifically applies to Sec. 14- 404(B) above. In accordance with section 14 -404,
in reviewing a waiver request, the Commission shall determine whether:
(i) The county engineer recommends an alternative standard.
In accordance with Code section 14 -404 C, Engineering cannot recommend an alternative standard because
disturbance to the stream buffer has already occurred. There is an existing driveway from Roslyn Heights Road
into the property. Engineering recommends using the existing driveway.
3
(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 the property or to the land adjacent thereto;
There are no extreme physical barriers that effectively prohibit or prevent compliance with the ordinance. The
Roslyn Heights Subdivision plat was unanimously approved by the Planning Commission on January 19th 1988
after the planning department, engineering department and watershed management department recommended
access by the proposed internal public road with county engineer and watershed management official approval
of stream crossings. Strict application of the applicable requirements will therefore not result in significant
degradation of the property or to the land adjacent thereto because disturbance in the form of grading and
placement of drainage structures has already occurred with the installation of a 48" CMP that allows the
driveway to cross the stream.
Requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest:
Requiring this standard would forward the purpose of this chapter and enhance the use of an already constructed
driveway because disturbance to the stream buffer has already occurred.
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 be detrimental to the orderly development of the area, and engineering cannot
recommend an alternative standard because disturbance to the stream buffer already occurred. The existing 10'
driveway from Roslyn Heights Road into the property crosses the stream buffer and can be used as the primary
entrance to the site.
Factors favorable to this request include:
1. Adequate sight distance is available for an entrance off Lambs Road [State Route 657].
Factors unfavorable to this request include:
There are no extreme physical barriers that effectively prohibit or prevent compliance with the Subdivision
Ordinance.
Disturbance to the stream buffer already occurred with the building of the 10' existing driveway from
Roslyn Heights Road into the property.
Recommendation: Staff finds that the request to waive Section 14 -404 (B) is generally not appropriate in this
circumstance, however, should the Planning Commission choose to approve the waiver request, engineering
requests approval with the following conditions:
1. The applicant will have access to Lot 4 from Lambs Road only [State Route 657].
2. The applicant gets approval for a mitigation plan that removes the existing grading and drainage structures
and provides plantings to put the stream and buffer back to its original state.
3. The applicant gets Virginia Department of Transportation approval for an entrance onto Lambs Road State
Route 657
Attachments:
A - Arial Map of the Property
B - Copy of Subdivision Plat
C - (Roselyn Heights Subdivision) 1990 Correspondence between Ethan A Miller and a Mr. Richard E.
Tarbell (Planner) Copy of a Letter with Planning and Zoning History.
D - Letter of Justification from Applicant