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HomeMy WebLinkAboutSUB200800260 Legacy Document 2009-01-13OF ALB O 9� IRGIIQ�� ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Earle Lipscomb 2 -Lot Staff: Elizabeth Marotta, Senior Planner/ Amy Pflaum, Senior Engineer Planning Commission Public Hearing: January Board of Supervisors Hearing: 20, 2009 Not applicable Owners: Earle I. Lipscomb Applicant: Earle I. Lipscomb Acreage: 4.316 acres Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 126 -18 By -right use: Rural Areas (RA) Location: South side of Green Creek Road (State Route 630), with frontage on both Green Creek Road and Old Dominion Road (State Route 721); approximately 1800' northeast of the intersection of Eastwood Lane (private) and Green Creek Road. Magisterial District: Scottsville Proffers /Conditions: Not Applicable Requested # of Dwelling Lots: 1 new lot DA — RA — X Proposal: Waiver of Section 14 -404A, in Comp. Plan Designation: Rural Area 3 conjunction with a 2 -lot subdivision, to allow the existing dwelling to continue to use the existing driveway from Green Creek Road (State Route 630) and Parcel A to be accessed via Old Dominion Road (State Route 721) rather than sharing the use of one new private street easement. Character of Property: Rural residential Use of Surrounding Properties: Undeveloped and residential Factors Favorable: Factors Unfavorable: 1. The existing lot has frontage on two state 1. Access to Parcel A through the roads. With the granting of this waiver, two Residue from State Route 630 is lots would be created, each with over 300' of possible. frontage on its respective state route. 2. Access via the existing driveway through the Residue to Parcel A is hampered by the location of existing sheds, fences, and drainfields. 3. VDOT and the County Engineer do not object to the proposal. 4. Reduce amount of likely disturbance RECOMMENDATION: Staff recommends approval. STAFF PERSON: Elizabeth M. Marotta PLANNING COMMISSION: January 20, 2009 AGENDA TITLE: SUB 2008 -260 Earle I. Lipscomb APPLICANT: Earle I. Lipscomb PROPERTY OWNER(S): Earle I. Lipscomb APPLICANT'S PROPOSAL: Waiver of Sec. 14- 404.A, in conjunction with a 2 -lot subdivision. The applicant proposed a 2 -lot subdivision, however the existing lot has frontage on both State Routes 630 and 721. The existing lot is 4.316 acres, with the proposed new lot (Parcel A) being 2.004 acres and the Residual being 2.312 acres. The applicant's request is to allow the existing dwelling to continue to be accessed via State Route 630 while the new parcel would be accessed via State Route 721. CHARACTER OF AREA: This is a rural area of Albemarle. Green Creek Road is characterized by rural residential lots uses. Old Dominion Road, while it is a state route, is not paved, and it is also characterized by rural residential uses. The property is developed with an existing home and three accessory buildings. PLANNING AND ZONING HISTORY: None available COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Area 3. It is not within an agricultural - forestral district. It is not within a water supply protection area. REASON FOR PLANNING COMMISSION REVIEW: Section 14 -404A of the Albemarle County Code requires that each lot within a subdivision have access from only one street created at the time of the subdivision: 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. 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 a lot may be located so that its driveway enters only onto a public street abutting the subdivision if.- (i) the commission grants 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. 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. This provision requires the applicant to provide access to Parcel A and the Residue from an approved internal street created at the time of the subdivision. The applicant is requesting that the Residue be accessed via a previously existing driveway from Green Creek Road, and not an internal street created at the time of the subdivision. This requires a waiver. Section 14 -225.1 of the Albemarle County Code enables the applicant to request a waiver of the requirements of Sec. 14 -404A, and requires that the waiver request is reviewed by the Planning Commission. Sec. 14 -404C describes the scope and purpose of Planning Commission review: ...In reviewing a waiver request, the commission shall determine whether. (i) the county engineer recommends an alternative standard; or (ii) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the subdivider, strict application of the applicable requirements would result in significant degradation of the property or to the land adjacent thereto. In approving a waiver, the commission shall find that requiring the standard 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. In reviewing a waiver request, the commission may allow a substitute design of comparable quality, but differing from that required, if it finds that the subdivider would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement. DISCUSSION: In reviewing a 14 -404 waiver request staff is charged with analyzing whether granting the waiver would not be detrimental to public safety, whether it contributes to orderly development of the area, and whether the proposal is in compliance with sound engineering practices. To that end, staff has reviewed this application against section 14 -404C (in bold italics), which resulted in both favorable and unfavorable findings: (i) the county engineer recommends an alternative standard; or The County Engineer is charged with reviewing the application for compliance with sound engineering practices. After completing her review, the Current Development engineer found the proposed design dose not conflict with sound engineering principles and she does not recommend an alternative standard. (H) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interest of the subdivider, strict application of the applicable requirements would result in significant degradation of the property or to the land adjacent thereto; The applicant states in his request, Attachment C, that he is requesting a waiver of Sec. 14 -404A for two reasons, the first being that the existing lot has dual frontage (frontage on two state routes) and the second being that the location of existing sheds, fences, and drainfields hamper access through the Residue to the proposed new Parcel A. The existing lot has frontage on two state routes; this constitutes an unusual physical condition/ location. The location of the existing drainfield is a physical constraint; avoiding impacts to the drainfields is a favorable factor in supporting the waiver request. - requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; Granting this waiver furthers public interest by reducing the likely amount of disturbance needed to install access to the new house site. And, granting the waiver would allow the existing rural character of the street to be maintained, as the existing driveway entrance can remain in place, and the existing accessory buildings, fences, and drainfields would not have to be disturbed. Additionally, granting the waiver does not conflict with the greater public interest in that both VDOT and the County Engineer have determined the additional driveway entrance onto Old Dominion Road will not have an adverse effect on the street. - 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 the land adjacent thereto; Pursuant to determining whether the additional entrance onto Old Dominion Road would be detrimental to public safety, VDOT reviewed the application and determined that there would be no adverse impacts to Old Dominion Road (Route 721) if a new ingress /egress were provided and the original driveway were to remain in operation. As stated previously, the County Development Engineer has determined that approval of this waiver would not conflict with sound engineering practices. (iii) the entrance complies with the design standards set forth in section 14 -41OF and 14- 410G VDOT has reviewed and approved the entrance location design. (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 plat. There are no covenants that would be affected by the approval of this waiver request. SUMMARY AND RECOMMENDATION: Staff review has resulted in both favorable and unfavorable findings: Favorable factors: 1. VDOT has determined there would be no adverse impacts to Old Dominion Road (State Route 721) if a new ingress /egress were permitted. 2. The existing lot is of an unusual shape and location; it has frontage on two state routes. Granting the waiver would allow each lot to have frontage and access to its respective state route. 3. The location of existing accessory buildings, fences, and drainfields hampers access to Parcel A through the Residue from State Route 630. 4. Granting the waiver would likely reduce the amount of disturbance required to construct access to the new house site. Unfavorable factors: 1. Access to Parcel A through the Residue from State Route 630 is possible. Staff opinion is that the favorable factors outweigh the unfavorable factors and therefore staff recommends approval of this waiver. ADDITIONAL COMMENT: 4 It should be noted that if this waiver request is denied and the applicant moves forward with the subdivision, Parcel A and the Residue would be required to share a private access easement. If Parcel A and the Residue share a private street access, Parcel A would then be considered a "dual frontage lot" and the applicant would be required to apply for a waiver of Sec. 14 -401. Sec. 14 -401 prohibits dual frontage lots, which are defined as a lot that is less than 350' in depth and that has frontage on two streets. Sec. 14 -224.1 enables the applicant to request a waiver to allow dual frontage lots. This is not a favorable or unfavorable factor. ATTACHMENTS: A. Subdivision Plat B. Location /Detail Maps C. Applicant Justification D. Plat with drainfield locations shown Owners: Parcel 18 Earle I. Lipscomb 5121 Green Creek Rd. Schuyler, Va., 22969 Legal References: D.B.2722 Pg.202 (Par. 16) D.B.300 Pg.491 (Par. 18 desc.) D.B.3617 Pg.57 (Plat) Property Zoning: RA The boundaries of the land shown hereon is from a current field run survey. Parcel A and residue each contain a building site that complies with Sec. 4.2.1 of the Alb. Co. Zoning Ordinance. Parcel A is assigned 1 development right and may not be further divided. The residue of T.M.P. 126 -18 is retaining 1 development right and may not be further divided. The properties shown hereon lie in Flood Zone X and not in an area designated as a 100 Year Flood Hazard. The land shown hereon is not in an Albemarle County and /or City of Charlottesville water supply watershed or an agricultural - forestal district. NOTE: Parcel 17A was created and recorded in D.B.3617 Pg.57. When the said plat was created I was verbally told by V.D.O.T. that St. Rte. 630 was a 40' Prescriptive R /W, however, that was not found to be the case. State Route 630 does in fact have a 40' wide dedicated R/W which was found in D.B.366 Pg.138 and D.B.391 Pg.317. This plat will show the corrected areas and R/W location for Parcels 17A, residue for Parcel 18 and the new Parcel. shown on this plat as Parcel A. Building Setbacks: Front = 75.0' Side = 25' Rear = 35' OWNERS APPROVAL The division of the lands described herein is with the free consent and in accordance with the desire of the undersigned owners. Any reference to future development is to be deemed as theorectical only. All statements affixed to this plat are true and correct to the best of my knowledge. Owners Earle I. Lipscomb Date Parcel 1B 6 Parcel 17A NOTARY PUBLIC Earle 1. Lipscomb The foregoing instrument was acknowledged before me this day of 200_ My commission expires, APPROVED FOR RECORDATION Agent of the Board of Supervisors Date Utilities and easements other than those shown may exist. The title report was not furnished for this survey. See title abstract for any additional easements or restrictions that may impact this lot. The land shown hereon will be served by private water and sewer systems. PLAT SHOWING oColemn, DIVISION SURVEY FOR T.M.P. 126 -18 AND CORRECTION F 0 R T.M.P. 126 -17A LOCATED ON STATE ROUTES 630 AND 721 RESIDENTIAL SCOTTSVILLE DISTRICT IVEYINGS 8744 ES ALBEMARLE COUNTY, VIRGINIA 4 MONTICELLO ROAD. SUITE 1 OCTOBER 1 �, 2008 LOTTESVILLE. VIRGINIA 22902 Sheet 1 of 2 06 -247 C v Q an oio �m Xa rn 0 in Er in o' U Co w ¢0 R-520.00' L- 23.85'] i /(C 0 50 100 200 SCALE IN FEET IF = Iron Found All division corners are to be set upon approval. G P.S. COORDINATES A - F A) N3824773.78 E11432513.33 B) N3825083.57 E11432108.45 C) N3825134.57 E11431687.86 D) N3825459.44 Ei1432026.52 E) N3825645.32 E11432208.96 F) N3825172.79 E1143243359 / E N20'0350ti1 2 storyy \ \ 159.86' Frame 81dg. \ \ / Old Odd Fellows \ Geer c . P��l Z4,/ Grave Yard DB.300 Pg.491 Y ;jz0 /� util / pole I.F. @ X13 50' T.M.P. lr"t5 250 ROY L. S 0Y&- .70tte G. Smith O.B.1239 P9.436 existing tlwelling .y overhead utility lines I.F. 2.312 Acres 78,39•% New Division Prd)anty Lire N73'4820E 66M' N35'48'58E 60.42' N14'09'04'W 16289' N16'03WE 48.10' Lodge Bldg. \ \ \ Property lines \ \ corrected \ \ 21'411N \ \ N23'50'12 "W id2' \ \ ID8.27' I.F. @ 25.00' ` I I I Point of t\ I,IAccess I_ " \\ Fgrcel17A 2.024 Acres \ \ Earle I. Lipscomb \ \ N26'23'10 "W d \ \ 126.05' is yj edge of \ road�� . /shed I.F. 6 \ R- 500.00' Z 1 11 - 192 30' (total) 1 I.F. @ 25.00' 01 I.F. / I F I E $ Pmwd A B.�>3` 2.004 Acres I F\ I O,\ 90' I w BSL I 0 0 I a rs o I" m I F. \I I m T.M.P. 1.525 I f T.E. 6 Am T. Abcd 0.8.563 Pg.154 j •B I I PLAT SHOWING oColemn. DIVISION SURVEY FOR T.M.P. 126 —18 AND CORRECTION F 0 R TMY.126 —17A LOCATED ON STATE ROUTES 630 AND 721 RESIDENTIAL SCOTTSVILLE DISTRICT iVEYING SERVICES (434) 245 -8744 ALBEMARLE COUNTY, VIRGINIA IO707ESVILLE. VOIRGINIA 22902 Sheet 2 of 2 OCTOBER 10, 2008 06 -247 c a, u I IN021119-W 6027' I.F. @ 25.00' ` I I I Point of A O I,IAccess I I bypV O O.T PLAT SHOWING oColemn. DIVISION SURVEY FOR T.M.P. 126 —18 AND CORRECTION F 0 R TMY.126 —17A LOCATED ON STATE ROUTES 630 AND 721 RESIDENTIAL SCOTTSVILLE DISTRICT iVEYING SERVICES (434) 245 -8744 ALBEMARLE COUNTY, VIRGINIA IO707ESVILLE. VOIRGINIA 22902 Sheet 2 of 2 OCTOBER 10, 2008 06 -247 c a, u I ❑] ❑ 1 1 1 ■M❑❑ ■E■ o co co A. O Ip 1 ': � ♦ / �,'v '.'�r ti : t �4 14 ,:,k . ti� "YAM' _ �alr N k � � • ° •M" a1P w`:`i )� o Lis ) •� `E.. Off'• N l � ' -~ �' ' 1 � ;�'• , � r \. t• Q�1 -s< 1. '�/ -�.. ��� � y�D � fhe`. Y_�r�3, �t ..JI) -s� �" • i' � �� ;{ ��� 1 IH +�� �"{• y, �; � m Y � .a r t , .. •� . ,� 'O N'�' �.+ `,^ • `N° F ' F f � � i w . .} o � �P���e � '! •?4,. t A•X1'.,, r �. •x r, N N Ji• 4 �,k1 a � a"'ti F �. q�,,,,,,,��� 0�1� •11` \ �*.�'�av'ti a � \ ,`�� cwt► =� "�+"' E : ;uM�� , •� >�, d, 1• + �� �� 3 � t':� ''`r v!` �i► ;flip., ` �y� 1� .� �. �',� s ��,•,p{ n ,i -. Y �.' z �y. ly 1 4 `\ x �•1 S �,�- N , ,?y1 �' q ��1 1» 1 +�•. ++ 7 s` �! t i Q: r f1 {firf: '.t y+ Residential Surveving Services 1214 Monticello Rd., Suite 1 Charlottesville, Va.. 22902 Tele:434- 245 -6744 Fax: 434 - 245 -8745 To: Alb. Co. Planning Commission. Re: Sec. 14 -22 -5.1 (waiver request) Property Owner: Earle 1. Lipscomb 17 Nov. 08 This is a request for a waiver of section 14 -404.A The owner ofT.M.P. 126 -18 has dual road frontage, St. Rte. 630 and St. Rte. 721. as depicted on the plat prepared by myself. The residue is currently accessed by St. Rte. 630 using the existing paved driveway. Access to Parcel A from the existing driveway is hampered by existino sheds, fences and drain fields. Parcel A however. has the required road frontage along St. Rte. 721 and would like to access using the said State Route. Provided the waiver is granted, Parcel A. would be accessed by St. Rte. 721. V.D.O.T., has visited the site and has given V.D.O.T.'s approval for the entrances on said both State Routes. Thank you for considering your approval regarding this waiver. Sincerely, Robert W. Coleman, Jr., P.L.S. Attachment C I i i L -23E5' � �� polE IF @ T.M.P. Ac6 250 Roy L. 6 LYS^lotte G. 51RIV7 0.9.1239 Pj.434 P Q4- ce Gee P < i v/ Grave 0 B.300 existing dwelling y shed overhead utility I ines I.F. 2.312 Acres 42 --------------- IF. New Division Prgxwty Lire N73'48'20E fi622' N35'4e58'E 5OA2' 3 N14'09'64 W 15289' 4) NIB -0359E 48.10' G P.S. COORDINATES A - F A) N3624773.78 E11432513.33 B) N3B25063.57 E1143210B.45 C) N3825134.57 E11431687.86 D) N3B25459.44 E11432026.52 E) N3B25645.32 E11432208.96 F) N3825172.79 E11432433.59 0 50 100 200 Q . SCALE IN FEET OLD m W o- IF = Iron Found rn o in u ° ' um All division corners are to be aye T drainfielsdsts ownreon from a curre field run survey. The datum used for this location was assumed. Contour Interval = 2' i i L -23E5' � �� polE IF @ T.M.P. Ac6 250 Roy L. 6 LYS^lotte G. 51RIV7 0.9.1239 Pj.434 P Q4- ce Gee P < i v/ Grave 0 B.300 existing dwelling y shed overhead utility I ines I.F. 2.312 Acres 42 --------------- IF. New Division Prgxwty Lire N73'48'20E fi622' N35'4e58'E 5OA2' 3 N14'09'64 W 15289' 4) NIB -0359E 48.10' G P.S. COORDINATES A - F A) N3624773.78 E11432513.33 B) N3B25063.57 E1143210B.45 C) N3825134.57 E11431687.86 D) N3B25459.44 E11432026.52 E) N3B25645.32 E11432208.96 F) N3825172.79 E11432433.59 / Property lines \ \ corrected \ \ M41 *21'41'W \ \ N23 '50'12"W 171.02' \ \ 108.27' Pgwd 17A \ \ Yartl \ \ Pg.491 2.024 Acres \ \ Earle I. Lipscomb \ \ N26"23'10 "W \ \ 126.05' road of \ road \ \ © r \\ Drainfield 190, \ \ 1 N. \ A- 500.00' \L- i9230'(totj IF. @ 1 Go '_- I.F. / ����_� ( I Drainfield I I B L9F. ss -- '- - - - -- - I I O� -' ---- 0' .�t77 a g� I 0 0 I n q I rs o I" U IF�`\���Q, \I I r m T.MP. 1.625 I L? E T.E. N Am T. M70d D.B.553 P,7.154 j N I I DRAINFIELD LOCATION DRAWING 5hetl I Reserve �N I I so 27 I IF. @ 25,00• I (Point of Oq (,(Access IilbyW.DO.T PLAT SHOWING ��P�TH of DIVISION SURVEY FOR T.M.P. 126 —18 Robert M. Cole�an, Jr. AND CORRECTION FOR No. zoa� T.M.P. 126 —17A CgNO SUR`1Ey�Q LOCATED ON STATE ROUTES 630 AND 721 RESIDENTIAL SCOTTSVILLE DISTRICT iVEYING SERVICES (434) 245 -8744 ALBEMARLE COUNTY, VIRGINIA IOTTES ILLLE. VIRGINIA Sheet 2 of 2 OCTOBER 10, 2008 06 -247 C u GQ 1D i � E 2 Story \ \�15 E6 Frame Bldg. \ \ r� Old Odd Fellows \ Lodge Bldg. \\ \ \ DRAINFIELD LOCATION DRAWING 5hetl I Reserve �N I I so 27 I IF. @ 25,00• I (Point of Oq (,(Access IilbyW.DO.T PLAT SHOWING ��P�TH of DIVISION SURVEY FOR T.M.P. 126 —18 Robert M. Cole�an, Jr. AND CORRECTION FOR No. zoa� T.M.P. 126 —17A CgNO SUR`1Ey�Q LOCATED ON STATE ROUTES 630 AND 721 RESIDENTIAL SCOTTSVILLE DISTRICT iVEYING SERVICES (434) 245 -8744 ALBEMARLE COUNTY, VIRGINIA IOTTES ILLLE. VIRGINIA Sheet 2 of 2 OCTOBER 10, 2008 06 -247 C u GQ 1D