HomeMy WebLinkAboutSUB201000117 Review Comments Rural Division Plat 2010-12-15From: Bill Fritz
Sent: Wednesday, December 15, 2010 10:21 AM
To: Forbes Reback
Subject: SUB 2007 -117 Sweeney
I have reviewed the revised plat. It cannot be approved as a Rural Subdivision. The
reason is that parcel O has less than 500 feet of frontage on the public street. Parcel O
abuts the public street for a total of 456.9 feet, however it has a maximum of 271.12 feet
of frontage. At the end of this email I have included relevant provisions from the
Subdivision Ordinance. In order for the plat to be approved as submitted a waiver of
Section 14 -404 (single point of access) is required. If you would like to apply for that
waiver please review Section 14 -404 and submit the information required by Section 14-
404(D) and a fee of $830 as required by Section 14 -203.
If you have any questions please call me.
William D. Fritz, AICP
Chief of Current Development
434 - 296 -5832 ext. 3242
14 -106 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
Frontage. The term "frontage" means the continuous uninterrupted distance along which a parcel
abuts an adjacent street.
14 -207 Rural subdivisions.
The following sections of this chapter shall apply to each rural subdivision:
D. On -site improvements and design: Sections 14 -400, 14 -403, 14 -404 if any proposed lot
would have less than five hundred (500) feet of frontage on a major rural street identified in subsection 14-
207(E), 14-406,14-414,14-416, 14 -421, 14 -426, 14-427,14-433 and 14 -438.
E. The following streets in the rural areas are major rural streets:
53. Thomas Jefferson Parkway (SR 53) from Scottsville Road (SR 20) to the Fluvanna
County line.
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. Single point of access required. 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, if the subdivision is in the rural areas, each
lot created from the subsequent division of any lot within the subdivision shall enter only onto such
street(s) established at the same time as the original subdivision and shall have no immediate access onto
any other public street.
B. Conditions when single point of access not required. Notwithstanding subsection (A), a
lot may be located so that it has reasonable access to the building site from a public street abutting the
subdivision if. (i) the agent approves 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.
C. Lots exempt from requirements of subsections (A) and (B). The requirements of
subsections (A) and (B) shall not apply to the subdivision of a parcel where two (2) or more dwellings
existed on the parcel on October 14, 2009 and one existing dwelling would be located on each lot created.
D. Standards for waiver. The requirements of subsection (A) may be waived by the agent as
provided in section 14- 224.1. A request for a waiver may be made prior to or with submittal of a
preliminary or final plat, as follows:
1. Information to be submitted. A request shall include a justification for the
waiver and a conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller than one (1)
inch equals two hundred (200) feet showing surveyed boundaries of the property or an alternative scale
approved by the agent; (ii) show the topography of the property at the best interval available from the
County including delineation of proposed building sites; (iii) show the locations of streams, stream buffers,
critical slopes, floodplains, and known wetlands; and (v) show the proposed layout of lots, location of
existing features such as buildings, fences, drainfields, existing driveways or other access ways, or other
significant features.
2. Consideration and findings. In reviewing a waiver request, the agent shall
consider whether: (i) installing a single point of access would substantially impact environmental resources
such as streams, stream buffers, critical slopes, and floodplain; (ii) construction of a single point of access
would substantially impact features existing on the property prior to October 14, 2009; (iii) granting the
waiver would contribute to maintaining an agricultural or forestal use of the property; and (iv) granting the
waiver would facilitate development of areas identified in the open space plan as containing significant
resources. In approving a waiver, the agent shall find that requiring the extension 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.
E. Terms defined. 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.
(§ 18 -36 (part), 9 -5 -96, 8- 28 -74; § 18 -39 (part), 9 -5 -96, 10- 19 -77, 5- 10 -77, 8- 28 -74; 1988 Code, §§ 18 -369
18 -39; Ord. 98 -A(1), 8 -5 -98, §§ 14- 500(C), 14 -505; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05; Ord. 09-
14(2), 10- 14 -09; Ord. 10- 14(1), 2- 10 -10)
State law reference - -Va. Code § 15.2- 2241(5).