HomeMy WebLinkAboutSUB200700204 Staff Report 2007-08-07L
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: McCann Patrick or Jill -
Staff: Gerald Gatobu, Senior Planner, Allan
(Sec. 14 -404 Waiver Request).
Schuck, Senior Civil Engineer.
Planning Commission Public Hearing:
Board of Supervisors Hearing:
August 07, 2007
Not Applicable.
Owners: Patrick or Jill McCann
Applicant: Patrick McCann
Acreage: 3.052 acres.
Rezone from: Not applicable.
Special Use Permit for: Not applicable.
TMP: Tax Map 41, Parcel 43A3.
By -right use: Rural Area.
Location: Garth Road [State Route 614]
approximately 800 feet away from the
intersection of Garth Road [State Route 614]
and Lake Albemarle Road [State Route 675].
Magisterial District: Whitehall
Proffers /Conditions: Not applicable.
Requested # of Dwelling Units /Lots: Not
DA RA - x
applicable
Comp. Plan Designation: Rural Areas in
Proposal: Proposal for a waiver to
Rural Area 1.
subdivision ordinance section 14 -404A,
"Lot location to allow access from lot
onto street or shared driveway ". The
request is for a waiver to change the
access from an existing joint access
easement to a separate new entrance
onto an existing external public road,
Garth Road [State Route 614].
Character of Property: The lot is mostly
Use of Surrounding Properties:
wooded with no structures.
Residential /Single Family Homes.
Factors Favorable: See Report
Factors Unfavorable: See Report
RECOMMENDATION: Denial of the request to waive Section 14 -404 (A).
STAFF PERSON(S): Gerald Gatobu, Allan Schuck
PLANNING COMMISSION: 08/07/2007
SUB 2007 — 204 McCann Patrick or Jill (404A Waiver Request):
APPLICANT: Patrick McCann
PROPERTY OWNER: Patrick or Jill McCann
APPLICANT'S PROPOSAL:
This proposal is for a waiver to subdivision ordinance section 14 -404A to allow a separate access from a lot
onto an external public road rather than a joint access easement created at the time of subdivision. The
applicant's waiver request cites the cost of constructing a road on a part of a property (Parcel D) that he does not
own, as well as significant site work in the approved sight distance easement that would be damaging to the
natural environment fronting on Garth Road [State Route 614] as justifications for a new entrance. The
property, described as Tax Map 41 Parcel 43A3, contains 3.052 acres zoned RA (Rural Areas). This property is
located in the Whitehall Magisterial District on Garth Road [State Route 614] approximately 800 feet away
from the intersection of Garth Road [State Route 614] and Lake Albemarle Road [State Route 675]. The
Comprehensive Plan designates this property as Rural Areas in Rural Area 1.
CHARACTER OF AREA:
The lot is mostly wooded with no structures.
PLANNING AND ZONING HISTORY:
Tax Map 41 -43A2 & 43A3 were created by a subdivision plat approved on July 7th, 1996. The lots were
created as a two -lot subdivision with a joint access easement and a sight distance easement. Tax Map 41 -43A2
contains 4.769 acres and Tax Map 41 -43A3 contains 3.052 acres. The residue is identified as Tax Map 41 -43A
as shown on the approved subdivision plat [Attachment B].
COMPREHENSIVE PLAN:
This property is located in Rural Area 1 of the Comprehensive Plan.
REASON FOR PLANNING COMMISSION REVIEW:
Section 14- 404(C) requires that requests for waiver of section 14 -404 must be reviewed by the Planning
Commission in accordance with Section 14 -225.1 of the Albemarle County Subdivision Ordinance. Staff
analysis is provided below. Section 14 -225.1 establishes the review process and criteria for granting a waiver of
Section 14 -404. The preceding comments by staff address the provisions of Section 14 -404. Staff has included
the provisions of Section 14 -404 (in bold italics) here, along with staff comment on the various provisions.
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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 onto existing public
streets. This request for a waiver specifically applies to Sec. 14- 404(A) 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; Or:
In accordance with section 14 -404 C, engineering staff cannot recommend an alternative standard because it
appears the joint access easement was approved in its current location to provide safe and convenient access to
both lots [E and D]. The joint access easement allows lots E and D to access the lots on a section of Garth Road
that has a high volume of traffic and severe horizontal curves that limits sight distance. A sight easement was
approved to the east of the joint easement to accommodate both lots. This easement allows for the removal of
trees and vegetation along Garth Road to provide adequate sight distance. Engineering staff recommends using
the previously approved joint access easement.
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(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. As
stated above, a sight distance easement was approved to the east of the joint easement to accommodate both lots
E and D. This sight distance easement allows the removal of trees and vegetation along Garth Road to provide
adequate sight distance. However, the applicant has also received Virginia Department of Transportation
approval for a new access. The location of the new access is shown on the attached plat [Attachment B]. VDOT
has stated in an e-mail, dated 12th June 2007, that the new access point would be a much safer location when
compared to the access from the joint easement. Additionally, it must be noted that, if the second entrance is
constructed, the owner of Parcel D will have to continue to access his/her parcel using the location of the current
joint access easement. Therefore, removal of trees and vegetation to gain sight distance will ultimately occur in
either case. Approving the waiver based on VDOT's approval of an alternate /safe entrance will result in another
entrance on Garth Road [State Route 614]. The new entrance will interfere with orderly development of the area
when the neighboring parcel utilizes the approved entrance and sight distance easement. Strict application of the
applicable requirements will not result in significant degradation of the property.
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 by limiting the number of entrances onto
Garth Road [State Route 614].
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:
Staff finds that granting the waiver would be detrimental to the orderly development of the area. Engineering
staff cannot recommend an alternative standard because the approved joint access easement is sufficient. The
joint access easement can provide adequate access for both lot E and D and will eliminate the need for an
additional entrance on Garth Road [State Route 614].
Factors favorable to this request include:
1. Adequate sight distance is available for a new entrance off Garth Road [State Route 657].
Factors unfavorable to this reauest include:
1. Approval of the waiver will add an entrance onto Garth Road [State Route 657].
2. There are no extreme physical barriers that effectively prohibit or prevent compliance with the
Subdivision Ordinance. There is an approved sight distance easement provided for the joint access.
Recommendation: Denial of the request to waive Section 14 -404 (A).
Attachments:
A - Aerial Map of the Property
B - Copy of Subdivision Plat
C - Letter of Justification from Applicant
D- Copy of VDOT E -mail Correspondence
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SHEET 2 OF 2
Justification for Waiver of subdivision requirements:
I am requesting a waiver of the subdivision requirement for shared road access for Parcel
41-43A Parcel E with Parcel D.
I own Parcel E and have received verbal approval from VDOT (Charles Baber, Permit
and Subdivision Specialist Sr. 434-951-6427) subject to County approval for an alternate
access road which is shown on the attached plat. I am requesting a waiver from the
existing shared access because the current proposed shared access would require me to
incur the cost of constructing a road on pad of a property (Parcel D) that I do not own
and would also require significant site work on the approved site easement to remove
some very mature oak trees and natural green area based upon VDOT review. The site
work required to implement the approved shared access would be costly and also
damaging to the natural environment fronting Garth Road.
The alternative access that I have proposed would not require any significant site work
and would have no noticeable impact to the natural surroundings.
Thanks you for your consideration.
Patrick J. McCann
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