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Home My WebLink AboutSUB200700182 Staff Report 2007-07-31L �S r "yam J rRGI1�SQ, ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SUB 2007 -182: Booth - Staff: David Pennock, Allan Schuck (Section 14 -404 Waiver Request) Planning Commission Public Hearing: Board of Supervisors Hearing: August 07, 2007 Not Applicable. Owners: Michael Zinnser Booth and Applicant: Michael Booth Charlotte Zinnser Booth Acreage: 45.60 acres Rezone from: Not applicable. Special Use Permit for: Not applicable. TMP: Tax Map 56, Parcel 35 By -right use: Rural Areas uses within the Location: Proposed access to the parcels is Entrance Corridor from Crozet Avenue [Route 240] across from Meadow Drive, and from Brookwood Road [Route 1222], 0.1 miles west of its intersection with Jamestown Court [Route 1221]. Magisterial District: Whitehall Proffers /Conditions: Not applicable Requested # of Dwelling Units /Lots: Not DA - X RA - applicable Proposal: Proposal for a waiver to Comp. Plan Designation: The subdivision ordinance section 14 -404, Comprehensive Plan and Crozet Master Plan "Lot location to allow access from lot designate this property as Crozet onto street or shared driveway ". The Community, with land use recommendations request is for a waiver to allow each of including CT -1 (Development Area Reserve), two proposed lots to access out on to CT -2 (Development Area Preserve), CT -3 separate public streets. Proposed Lot B (Urban Edge), and CT -4 (Urban General). would access on to Crozet Avenue, while Proposed Lot A would access on to Brookwood Road. Character of Property: The lot includes Use of Surrounding Properties: large areas of critical slopes and floodplain Residential /Single Family Homes. associated with Lickinghole Creek. One existing dwelling is located within proposed Lot B. Factors Favorable: Factors Unfavorable: Property is bisected by Lickinghole Creek with associated floodplain, stream None identified. buffers and critical slopes. Property has existing double frontage. RECOMMENDATION: Staff recommends approval of the requested waiver. STAFF: AGENDA TITLE: PLANNING COMMISSION: APPLICANT: PROPERTY OWNER: APPLICANT'S PROPOSAL: David Pennock, Allan Schuck SUB 2007 -182: Booth - (Section 14 -404 Waiver Request) August 7, 2007 Michael Booth Michael Zinnser Booth and Charlotte Zinnser Booth This proposal is for a waiver in anticipation of a future two -lot subdivision of Tax Map 56, Parcel 35. The property is 45.60 acres, zoned RA, Rural Areas and EC, Entrance Corridor. The requested waiver to subdivision ordinance section 14 -404, "Lot location to allow access from lot onto street or shared driveway" would allow each of two proposed lots to access out on to separate public streets. Proposed access to the parcels is from Crozet Avenue [Route 240] across from Meadow Drive, and from Brookwood Road [Route 1222], 0.1 miles west of its intersection with Jamestown Court [Route 1221]. CHARACTER OF AREA: The lot is partially wooded, and is bisected by Lickinghole Creek. Large areas of critical slopes, stream buffers, and floodplain are adjacent to the stream. PLANNING AND ZONING HISTORY: None identified. COMPREHENSIVE PLAN: The Comprehensive Plan and Crozet Master Plan designate this property as Crozet Community, with land use recommendations including CT -1 (Development Area Reserve), CT -2 (Development Area Preserve), CT -3 (Urban Edge), and CT -4 (Urban General). REASON FOR PLANNING COMMISSION REVIEW: A waiver to allow the provision of multiple entrances is necessary before the proposed subdivision plat can be approved. The applicant has requested a waiver of section 14- 404(A), which requires Planning Commission approval in accordance with Section 14 -225.1 of the Subdivision Ordinance. The request for a waiver has been reviewed for both the Engineering and Planning aspects as specified in the Subdivision Ordinance, Section 14- 404(C). The analysis is presented below. REVIEW OF REQUEST FOR WAIVER: Section 14- 404(C) establishes the review process and criteria for granting a waiver of Section 14- 404(A). Staff has included the provisions of both sections here (in italics), followed by staff comment regarding the various provisions. Pursuant to Section 14- 404(A) 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 2 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(A) above. Each item from Section 14- 404(C) below (in bold italics) is followed by staff comments. In accordance with Section 14 -404, in reviewing a waiver request, the Commission shall determine whether: (i) the county engineer recommends an alternative standard, or No alternative standard is recommended. However, engineering staff notes that, in order to cross Lickinghole Creek, the environmental degradation within the stream buffer would be significant. It also appears that a special use permit would be required for fill in the floodplain to construct this crossing. The stream buffer and floodplain will not need to be disturbed to provide access to these two lots if the waiver is approved. In accordance with Code section 14 -404 C, engineering staff has no objections to this waiver request. (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; This parcel is shaped such that it fronts on two public streets. The proposed access to the existing dwelling within proposed Lot B is on Crozet Avenue [Route 240] across from Meadow Drive. The rear of the property, including proposed Lot A, has frontage on an unnamed dedicated public right -of -way on Brookwood Road [Route 1222], 0.1 miles west of its intersection with Jamestown Court [Route 1221]. Under current County policy, private driveways can be constructed within unimproved rights -of -way, provided that the applicant obtains approval from the County and records a maintenance agreement for all improvements. Both of these entrance locations have been field reviewed for adequacy by Charles Baber with the Virginia Department of Transportation (VDOT). Thus, each of the requested building sites on the 3 property has appropriate frontage and access as shown. By contrast, extension of the existing driveway as an access easement to serve both lots would require significant disturbance of environmentally sensitive areas. As noted above, the property is bisected by Lickinghole Creek, and the area adjacent to the stream includes large areas of flood plain and stream buffers, as well as a significant area of critical slopes. Staff recommends that the unusual size, shape, and topography of the property contribute to a situation in which strict application of the ordinance would result in significant degradation to the property. - requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest, Allowing a separate entrance for each of the lots is contrary to the intent of Section 14 -404 of the Subdivision Ordinance, which is in part to reduce the numbers of entrances on State roads, and thus reduce conflict points with the flow of traffic. However, the existing double frontage and the environmental considerations of the parcel outweigh this concern in this circumstance. 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 does not appear to be detrimental to the public health, safety, welfare, or orderly development of the area. VDOT has field reviewed the proposed entrance locations and found both to be adequate. RECOMMENDATION: Staff has reviewed the request in accordance with the requirements of Section 14- 404(C). Staff finds that there are unusual circumstances present on this property that may suggest the appropriateness of a waiver. The construction of a drive utilizing the access from Crozet Avenue to serve both building sites would require improvements of approximately 0.5 miles, including disturbance of critical slopes, fill within the floodplain, and impact to stream buffers. There is also a physical separation between the proposed entrances to this property, as it has existing lot frontage on two public streets. 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. Detail/Location Map B. Overall Plat Layout C. Property owners request for waiver of 14- 404(A) D. E -mail from Charles Baber verifying suitability of entrances