HomeMy WebLinkAboutSUB200800100 Review Comments Family Division Plat 2009-05-12pF
G.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902
Phone (434) 296 -5832 Fax (434) 972 -4025
Date: May 12, 2009
To: Mr. Timothy W. Wyant
3929 Slamgate Road
Crozet, VA 22932 -9737
From: Patrick Lawrence, Planner
Phone: (434) 296 -5832 ex. 3297
E -mail: plawrence @albemarle.org
Re: SUB200800100 - Wyant Family Division - TMP# 26 - 42
Dear Mr. Wyant:
Pursuant to Section 224 of Chapter14 of the Albemarle county Code, the above referenced plat has been
denied. This action has been taken because the plat does not comply with all requirements of this
chapter. Those items that have not been addressed are:
1. [14 -212 (C)] "The entrance of the principal means of access for each lot onto any
public street shall comply with Virginia Department of Transportation standards
and be approved by the Virginia Department of Transportation."
2. [14 -316] Approval of entrance onto public streets. The subdivider shall submit,
prior to or with the final plat, evidence satisfactory to the agent that the entrance of
the principal means of access for each lot onto any existing or proposed public
street complies with Virginia Department of Transportation standards."
The Virginia Department of Transportation cites the Virginia Administrative Code in demonstrating
that the commercial entrance of Breakheart Road is insufficient for approval:
1. [24VAC30 -71 -130 Sight Distance] "The sight distance requirement pertaining to commercial
driveway are not classified as vertical and horizontal, but are intersection sight distance
requirements being composed of both vertical and horizontal components. " By verification at
the intersection of Breakheart and Slamgate Roads, VDOT representatives determined by
inspection that the sight distance was inconsistent with current criteria.
2. [24VAC30 -71 -140. Tenure of Commercial Entrances] `B.Commercial entrances may require
reconstruction or upgrading, or both, when department representatives determine after review
that the following conditions exist: safety, use or maintenance." VDOT Representatives
determined by inspection that the criteria for a commercial entrance had not been met and that
sight distance easement would be required.
In accord with Section 226 of Chapter 14 of the Albemarle County Code, this decision may be
appealed.
"14- 226Appeal of disapproval of preliminary or final plat; resubmittal. If a preliminary or
final plat is disapproved by the agent or the commission:
A. Judicial review. It may be subject to judicial review as provided in Virginia Code §§
15.2- 2259(C) and 15.2- 2260(E).
B. Appeal to board of supervisors. In the alternative and in addition to seeking judicial
review, and at the sole option of the subdivider, the subdivider may appeal the disapproval to
the board of supervisors. The appeal shall be in writing and be filed with the agent within ten
(10) days of the date of the disapproval. [Emphasis added] The board may affirm, reverse, or
modify in whole or in part, the disapproval. In so doing, the board shall give due
consideration to the recommendations of the agent, the site review committee or the
commission. In addition, it may consider such other evidence as it deems necessary for a
proper review of the application.
C. Resubmittal. In the alternative and in addition to seeking judicial review, and at the sole
option of the subdivider, the subdivider may resubmit the plat after it has been modified or
corrected to address the deficiencies identified by the agent or the commission. The modified
or corrected plat shall be resubmitted to the agent within thirty (30) days' of the date of the
disapproval. The agent or the commission, as the case may be, shall act on the resubmitted
plat within forty-five (45) days after the date it was resubmitted. If the resubmitted plat is
disapproved, the subdivider may seek judicial review, appeal the disapproval to the board of
supervisors, or resubmit a modified or corrected plat as provided herein."
If you choose to appeal this application your written appeal and fee of $240.00 must be received no later
than May 22, 2009.
If you choose to resubmit this application your resubmittal and fee of $65 must be received no later than
June 11, 2009. If a revised plat and fee are not received within thirty (30) calendar days the plat shall be
deemed to be denied and a new application and fee shall be required for submittal of the plat.
Please contact me at your earliest convenience if you have any questions or required additional
information.
Sincerely,
J. Patrick Lawrence, Planner
(434) 296 -5832 ext. 3297
File: SUB - 2008 -0100
Cc: Bill Fritz, Chief of Current Development
Greg Kamptner, Deputy County Attorney