HomeMy WebLinkAboutSP200800009 Review Comments Special Use Permit 2009-03-06County of Albemarle
Department of Community Development
Memorandum
To:
Rebecca Ragsdale
From:
Bill Fritz
Division:
Zoning and Current Development
Date:
March 6, 2009
Subject:
SP 2008 — 09 Animal Wellness Center
I have reviewed the applicant request for a waiver of the sidewalk requirement. A waiver may be granted
provided the requirements of the ordinance are met.
20B.7 SIDEWALKS AND STREET TREES
D. Waivers from sidewalk requirements. In accordance with the procedures stated in subsection
2013.3(I), the agent may waive the requirements for a sidewalk and/or street trees where the
developer demonstrates that: (i) the Virginia Department of Transportation prohibits
establishing sidewalks and/or planting street trees; or (ii) existing utility easements prohibit
establishing sidewalks and/or planting street trees.
The Virginia Department of Transportation has provided the following comments:
VDOT would not prohibit sidewalks and street trees in this area, however, since it is a primary route and posted
at 25 miles per hour, we would not permit street trees 3 feet off the back of a curb like we would see in a
subdivision. In this case the trees will need to be outside of the clear zone which is not entirely covered within
the prescriptive easement already. In order to get sidewalks and street trees along this road, I would require the
following:
• A minimum 5 foot graded area from the edge of the existing pavement and then a 5 foot sidewalk not
exceeding 2% slope away from the road.
• Street trees would then need to be placed 3 feet behind the sidewalk.
This site will be very difficult to get this because of the existing conditions.
The zoning ordinance does not require that the sidewalk and street trees be located within the right of way. In
fact, the ordinance contemplates the private ownership and maintenance of both sidewalks and street trees,
reference 20B.7 (B). The ordinance contemplates that the sidewalk and street trees will be located between the
building and the street. The ordinance allows a maximum building setback of 20 feet except in situations
where an existing building is being used. This project proposes to utilize an existing building. The ordinance
does not contemplate delayed construction of sidewalks as requested by the applicant. If VDOT required the
sidewalk to be located such that the building setback could not be met a waiver could be granted. In this case
no ordinance requirement conflicts with locating the sidewalk as required by VDOT. Therefore, the criteria
for the administrative granting of a waiver have not been met.
The applicant may appeal this denial to the Planning Commission and that appeal could be heard
concurrently with the Special Use Permit. However, the Planning Commission is limited in its review of the
waiver. The Planning Commission may only grant the waiver if they find that VDOT is prohibiting the
establishment of sidewalks and/or planting street trees or that existing utilities prohibit establishing sidewalks
and/or planting street trees. The current ordinance language does not permit the Planning Commission to
grant the waiver for any other reason except for those listed above.
A Zoning Text Amendment would be required to allow the granting of a waiver for other reasons. The
applicant or the County may pursue an amendment of the waiver requirements. If the Planning Commission
denies the waiver, and the ordinance is amended, the applicant may reapply for the waiver. It is my opinion
that the issue of the sidewalk does not need to be resolved prior to action on the Special Use Permit.