HomeMy WebLinkAboutSDP198600049 Staff Report 1986-12-09 {
STAFF REPORT December 9, 1986
ROBERT CROSS SITE PLAN
Proposal: This is a proposal to locate two ( 2) additional
dwelling units on one parcel for a total of four ( 4 )
dwelling units on the parcel.
Acreage: The total area of the site is 10 acres.
Zoning: The property is zoned RA, Rural Areas.
Location: The property is located on Route 250,
approximately one ( 1) mile south of its intersection with
Route 240. Tax Map 57 , Parcel 41K. White Hall Magisterial
District.
Staff Comment
There are currently two ( 2) dwelling units located on the
property. The applicant is requesting that two ( 2)
additional dwelling units be located on this parcel. The
new dwellings are intended for rental purposes. The
submittal of a site plan is required when more than two ( 2 )
dwelling units are proposed for one parcel of land. The
site plan review is concerned with verifying that the
proposed building locations could allow for the future
subdivision of the property consistent with the County
Subdivision Ordinance.
A request for a waiver of the site plan requirement
Lpursuant to Section 32.2 . 2 of the Zoning Ordinance-0 was
denied by the Planning Commission on September 23 , 1986 . In
their denial the Commission indicated that a site plan
should be submitted with verification that 30,000 square
foot building sites on potential lots exist for each
dwelling, and also that Health Department approval be
obtained.
Health Department approval has been obtained for septic
field locations for the proposed dwelling units. 30,000
square foot building sites on two ( 2) acre parcels have also
been verified on the site plan. Furthermore, the ultimate
location for a potential public road has been shown on the
site plan (A public road would be required should this
property ever be subdivided) .
This site plan will meet the requirements of the Albemarle
County Zoning (and Subdivision) Ordinance and staff
recommends approval subject to the following:
1. A building permit will not be issued until the
following conditions are met:
a) Virginia Department of Highways and Transportation
approval of a private street commercial entrance;
b) Issuance of an erosion control permit;
c) Planning staff approval of revised site plan
noting source of topography and datum, and
reference benchmark;
d) County Attorney approval of access easement;
History
o Request for a waiver of the site plan requirement
pursuant to Section 32 . 2 . 2 of the Zoning Ordinance
was unanimously denied by the Commission on
September 23 , 1986 .
o A proposal for three ( 3 ) additional lots on this
parcel was approved by the Planning Commission on
November 14, 1979 .
o A similar proposal ( for 3 additional dwellings) was
submitted in 1977 . The application was withdrawn by
the applicant on August 19 , 1977 .
Topography of the Area: Moderate to steep slopes exist on
portions of the property.
Condition of Road Serving the Proposal: Route 250 is
considered tolerable.
Virginia Department of Highways and Transportation: Private
street commercial entrance required at Route 250 access .
Watershed Impoundment: This parcel is located within the
South Fork Rivanna River Reservoir Watershed Management
Area.
Comprehensive Plan Recommendation: Rural Area III ,
recommended density one unit per 10 acres (with Watershed) .
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M....M rat SAMUEL MILLE
TALL DISTRICT SECTION 5G— "' w WHITE HALL C
September 23, 1986
rTh
The Albemarle County Planning Commission held a public hearing on Tuesday,
September 23, 1986, Meeting Room 7, County Office Building, Charlottesville,
Virginia. Those members present were: Mr. David Bowerman, Chairman; Mr.
Richard Cogan, Vice Chairman; Mr. Harry Wilkerson; Ms. Norma Diehl; Mr.
Richard Gould; and Mr. Peter Stark. Other officials present were: Mr. Ronald
Keeler, Chief of Planning; Ms. Amelia Patterson, Planner; Mr. David Benish,
Planner; and Mr. Frederick Payne, Deputy County Attorney. Absent:
Commissioner Michel.
The Chairman called the meeting to order at 7:30 p.m. and established that
a quorum was present. The minutes of the September 9, 1986 were approved
as corrected.
Robert Cross Site Plan Waiver Re est - Proposal to locate 2 additional dwelling
)14111-
units on a parcel for a total otZ dwelling units on a single parcel. The
applicant is requesting a waiver of the site plan requirements pursuant to
Section 32.2.2 of the Zoning Ordinance. The total area of the site is 10
acres. The property is zoned RA, Rural Areas. The property is located
south of its intersection with Route 240. Tax Map 57, Parcel 41K. White Hall
Magisterial District.
Mr. Benish gave the staff report. The report included the following formation:
--The new dwellings are intended to be rental units.
--The applicant has demonstrated that a total of 4 lots in excess of 2
acres, with a lawful building site, could be created to contain each
dwelling unit.
--Should this parcel ever be subdivided, the road requirement would call
for a public road to be installed, since all the lots are under 5 acres.
Therefore, the applicant must provide an access which could allow a
public road to be installed in the future. The Highway Department will
also require a private street commercial entrance and will also require that
the entrance be relocated so that it will intersect Rt. 250 at a 90° angle.
The applicant has agreed to plat an additional 50-foot easement on this
property to serve parcel 41K, which would allow for a public roadway
to be installed to serve this site should it ever be subdivided, and has also
• agreed to relocate the entrance and roadway as necessary.
--A soil scientist report will be required by the Health Department.
Mr. Benish explained the applicant had not yet obtained a soil scientist
report because "the applicant wished to determine if the proposal was
feasible before he did the up-front costs."
Mr. Bowerman asked how often such proposals occur, (i.e. 4 dwelling units on
one parcel) . Mr. Benish indicated that 5 dwelling units are the limit on
a parcel, but the usual proposal on a site plan waiver of this type is
for an additional third cottage. He stated they typically are on large parcels
j ! of land. He stated this proposal was "difficult" for staff because the
"lot size is so tight."
Mr. Bowerman indicated he was under the impression this type of proposal was
•
usually for farm help or relatives. He could not recall one of this nature.
Mr. Cogan agreed.
.ptember 23, 1986 age 2
Mr. Keeler stated, "There is no restriction on the construction of rental units
in the rural areas except in the way that the rural areas ordinance is
constructed. It limits you to not more than five dwelling units on any given
parcel of land regardless of the size of the parcel of land. There is no
prohibition in the ordinance, currently, towards rental units in the rural
areas." Mr. Payne explained that while this is not the usual proposal,
"in concept, there is nothing illegal about this." .
Mr. Benish confirmed that the Commission is "being asked to waive all the
requirements of a full-blown site plan."
Mr. Keeler further explained that most requests for site plan waivers in-
volving dwelling units have been for one additional dwelling on a large
tract of land. He stated, "I can't recall, since we put that provision in
the ordinance, where you have been requested to waive a site plan for
more than one unit, or specifically, rental units."
The Chairman invited applicant comment.
Mr. Cross addressed the Commission. He stated he had no objections to
the proposed conditions of approval. He pointed out that he has had no
complaints about any of the other rental units on the property. It was
determined Mr. Cross occupied one of the dwellings on the property.
There being no public comment; the matter was placed before the Commission.
In response to Mr. Stark's request, the applicant presented a topographical
map of the property.
Mr. Cogan indicated he was in favor of seeing Health Department approval
and also verification of the existence of 30,000 square feet for suitable
building sites on the lots. He stated he did not feel a soil scientist's
report would be overly expensive for the applicant. He indicated he
had reservations about granting a site plan waiver since there were several
undecided factors involved, such as the location of the road. He felt
this was different from similar proposals in that it was more a commercial-type
venture.
Mr. Bowerman agreed. He stated he would like to see a site plan.
The applicant indicated he was eager to begin building and asked if staff
could be granted administrative approval after he has had a chance to address
the concerns of the Commission.
Because of the number of conditions of approval involved, Mr. Keeler stated
he did not feel there would be much difference, time-wise, in administrative
approval vs. Commission approval.
Mr. Cogan moved that the Robert Cross Site Plan waiver request be denied.
Mr. Cogan stressed that his motion for denial was for the waiver request only
and did not mean that the eventual site plan would not be approved.
Mr. Gould seconded the motion for denial which passed (5:1) . Commissioners
Wilkerson, Cogan, Bowerman, Gould and Stark voted for the motion for denial;
Commissioner Diehl abstained.