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Home My WebLink AboutSUB201300042 Proffers 2013-03-25of Aig� ��IRGI�I� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 July 25, 2013 Nathan Morris / Bill Ledbetter - Roudabush & Gale 914 Monticello Road Charlottesville, Va. 22932 RE: SUB201300042 Old Trial Block 14 — Special Exception Dear Mr. Morris: Fax (434) 972 -4126 The Albemarle County Board of Supervisors, at its meeting on, July 10, 2013, approved the special exception to waive overlot grading plan standards for driveways. The approval is subject to the following conditions: 1. Garages shall be set back from the edge of pavement of the alley at least seven (7) feet. 2. Driveway grades shall be eight (8) percent or less. The grade transition on the driveway shall not exceed ten (10) percent. 3. The applicant shall obtain approval of an amended overlot grading plan for each block, phase, or sub -phase within Block 14 before any permits are issued within Block 14. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Megan Yaniglos Senior Planner Planning Division Cc: March Mountain Properties LLC P O Box 370 Crozet Va 22932 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Old Trail Block 14 (SUB 2013 -42) Special exception to waive overlot grading plan standards for driveways SUBJECT /PROPOSAL /REQUEST: Special exception to allow waiver of standards for minimum length and maximum grade of driveways STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Kamptner, Graham and Brooks PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: July 10, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Old Trail rezoning was approved in September 2005 with 8 proffers. Proffer 7 required an overlot grading plan and Proffer 7(H) provides that "the driveway grading shall provide an area in front of the proposed garage, or an area proposed for vehicle parking where no garage is proposed, that is not less than eighteen (18) feet in length that will be graded no steeper than eight (8) percent." Proffer 7(J) allows any requirement of Proffer 7 to be waived. The applicant has requested that the minimum length and maximum grade standards for driveways be waived in Old Trail Block 14. Under current procedures, these standards may be waived by special exception approved by the Board. The applicant's original request and related exhibits are provided in Attachment A. A similar request was reviewed and approved by the Board November 7, 2012 for Block 13 in Old Trail. STRATEGIC PLAN: Goal 5: Ensure the health and safety of the community. DISCUSSION: In evaluating this request, Proffer 7(J) provides that the Board should "consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree." Staff has concluded that the purpose for the minimum length and maximum grade standards for driveways in Proffer 7(H) is to ensure safe and convenient access. The standards provide adequate sight distance for vehicles exiting garages, appropriate sight lines for vehicles entering and exiting garages, and prevent vehicles from scraping driveways at severe grade transitions. Staff's analysis focuses on this purpose. Reduction in Driveway Length The applicant has requested approval to reduce the minimum length of driveways in front of garages to either 5 feet or 16 feet. Staff has evaluated the minimum length of a driveway that is necessary in order to provide safe sight distance for vehicles exiting garages, and has concluded that the safe minimum length is 7 feet from the edge of the pavement. Driveways shorter than 7 feet would require the vehicle to partially back into the alley before the driver could see oncoming vehicles or pedestrians. The following illustrations depict staff's sight distance concern: Illustrations 1 and 2: Driveways shorter than 7 feet from the edge of the alley would not provide sight distance until part of the vehicle was in the alley. Therefore, staff supports a reduction in minimum driveway length to 7 feet, measured from the edge of the pavement rather than from the boundary of the alley easement. Increase in Driveway Grade The applicant has requested permission to increase the grade of driveways above the maximum 8% grade allowed by proffer 7(J), but has not specified a particular grade. Staff has evaluated the request and has concluded that a driver's sight lines are restricted at grades of 10% or greater. Steeper grades prevent a driver from seeing the lower portion of the garage upon entry, or low -lying objects in the the alley directly behind the vehicle, upon exit. Staff also has concluded that the bottoms of vehicles will scrape a driveway if grade transitions are approximately 20% or greater. The following illustrations depict staff's driveway grade concerns: Illustrations 3 and 4: At grades greater than 10 %, sight lines are adversely affecte d. Illustration 6: At grades of 20% or greater, scraping occurs at grade transitions. X� Illustration 5: At grades 10% or less, sight lines are appropriate. Based upon the foregoing, the maximum 8% grade in Proffer 7(H) is reasonable and staff recommends that it not be changed, but that a grade transition not to exceed 10% be allowed. BUDGET IMPACT: There is no budget impact. RECOMMENDATIONS: Staff recommends approval of the special exception subject to the following conditions: 1. Garages shall be set back from the edge of pavement of the alley at least seven (7) feet. 2. Driveway grades shall be 8% or less. The grade transition on the driveway shall not exceed 10 %. 3. The applicant shall obtain approval of an amended overlot grading plan for each block, phase, or sub -phase within Block 14 before any permits are issued within Block 14. ATTACHMENTS: A. Old Trail Proffer Waiver Request -Block 14, dated April 10, 2013 B. Old Trail Block 14 Proffer Waiver exhibit LANDSURVEYING ENGINES NG LAND FLANNING ROUDABUSH, GALE & ASSOC., INC. A PROFESSIONAL CORPORATION 914 MONTICELLO ROAD CHARLOTTESVILLE. VIRGINIA 22902 J. THOMAS GALE, L.S. MARILYNN R. GALE. L.S. WILLIAM J. LEDBETTER. LS EDWARD D. CAMPBELL III. L.S. April 10, 2013 Mr. Glen Brooks, P.E. Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 RE: Old Trail Village Proffer Waiver Request — Block 14 Dear Mr. Brooks, PHONE(434) 2934251 (434) 9770205 FAX(434)296-5220 INFO@ROUDABUSH.COM WILLIAMS. ROUDABUSH. L.S. The purpose of this letter is to request a waiver /modification of Proffer 7- Subsection H, the Overlot Grading Plan, associated with Old Trail Village Block 14. A preliminary subdivision plat was submitted and approved for Block 14. Final construction plans and the final subdivision plat have been submitted and are currently under review. There are no streams, stream buffers, steep slopes, floodplains or known wetlands on the property. The attached Overlot Grading Plan for Block 14 includes existing and proposed grading, final lot boundaries and proposed utilities as shown on the final construction plans and the final subdivision plat that are currently under review. In addition, it shows garage and driveway construction details and notes along with conceptual house, garage and driveway locations. All private streets and alleys will maintain a 20' clear zone as required by the County Fire Marshall. Proffer 7- Subsection H specifically addresses driveway grading for residential lots in Old Trail Village. The primary intent of the proffer is to insure that driveways will not be built excessively steep and that transitions between driveways and streets will be built that avoid scraping of vehicle bodies on the pavement. The secondary intent of the proffer is to insure that off street parking spaces for each lot are designed and built to provide a minimum parking space of at least 18' depth with a grade transition no steeper than 10% between the driveway and travel way. The proffer language, as written to describe the secondary intent of the proffer, is in direct conflict with the approved Code of Development for Old Trail Village. The proffer as written requires an 18' area in front of proposed garages. The Code of Development specifically requires garages to be built 5' from rear property lines or greater than 16', but not in between on residential lots. The intent of the Code of Development is to have residential lots rear loaded from private streets and alleys whenever possible. All residential lots are required to have 2 off street parking spaces. The developer intends to provide the 2 off street parking spaces in one of 3 possible scenarios as shown on the Overlot Grading Plan. Scenario one is a 2 car detached garage built 5' from, or 16' or more from, the rear property line. The garage will be a minimum of 18' deep and 18' wide. Scenario two is a parking pad, constructed of asphalt or pavers, at least 18' deep and 18' wide. Scenario 3 is a combination of a single car garage and a parking pad, again at a minimum 18' deep and 18' wide. All three scenarios are proposed only for garages fronting on private streets and alleys. In conclusion, we respectfully request that the portion of Proffer 7 — Subsection H that states; "Additionally, the driveway grading shall provide an area in front of the proposed garage, or an area proposed for vehicle parking where no garage is proposed, that is not less than eighteen (18) feet in length that will be graded no steeper than eight (8) percent. " be waived or modified to reflect the intent of the approved Code of Development for Old Trail Village. Please contact me at your convenience if you have any question or require any additional information. Regards, William J. Ledbetter, L.S. Attachments: Block 14 Overlot Grading Plan Letter in Lieu of Certified Engineers Report