HomeMy WebLinkAboutSDP201000055 Legacy Document 2011-01-10o® u
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,'North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
January 10, 2011
Scott Collins
200 Garrett St
Suite K
Charlottesville, VA 22902
RE: SDP 2010 — 55 Old Trail Village Block 4 Final Site Plan
Dear Mr. Collins,
I have reviewed your request for a modification of the parking standards for parallel parking. You have
requested that the width of the parallel spaces be reduced from nine (9) feet to eight (8) feet. In
considering your request I have reviewed the information you submitted, Chapter 18, Section 4.12, and
the files associated with the zoning text amendment establishing the current regulations.
To establish the issues in this case I offer the following analysis of the ordinance provisions.
The minimum standard for parallel parking spaces may be found Chapter 18, Section 4.12.16(c)(2) of the
County Code
4.12.16 MINIMUM DESIGN REQUIREMENTS AND IMPROVEMENTS FOR PARKING
SPACES WITHIN PARKING AREAS OR PARKING BAYS
c. Minimum parking space size. Parking spaces shall be the minimum sizes, and have the
minimum aisle width, provided below:
2. Parallel. parking. For parallel parking, the minimum space shall be:
Width (ft.) Length (ft.)
9 20
Modification of this standard is permitted in accord with Chapter 18, Section 4.12.2(c)(2) and (3)
4.12.2 APPLICABILITY
The regulations of section 4.12 shall apply as follows:.
c. Modification or waiver. The limitation on the maximum number of parking spaces required
by subsection 4.12.4(a) and the design requirements in sections 4.12.15, 4.12.16, 4.12.17,
4.12.18 and 4.12.19 may be modified or waived, and in any commercial or industrial zoning
district the minimum number of parking spaces required by section 4.12.6 may be modified,
in an individual case if the zoning administrator finds that the public health, safety or welfare
would be equally or better served by the modification or waiver and that the modification or
waiver would not otherwise be contrary to the purpose and intent of this chapter.
2. The zoning administrator may modify or waive a design requirement in sections
4.12.15,4.12 ' 16, 4.12.17, 4.12.18 and 4.12.19 only after consultation with the county
engineer, wh shall advise the zoning administrator whether the proposed waiver or
modification would equally or better serve the public health, safety or welfare.
3. In granting a modification or waiver, the zoning administrator may impose such
conditions as deemed necessary to protect the public health, safety or welfare. In
granting a request to modify the minimum number of parking spaces required by section
4.12.6, the zoning administrator may also require that the developer reserve an area on
the lot equal to the reduced number of parking spaces for a specified period, and under
conditions, imposed by the zoning administrator.
The Zoning Administrator, Amelia McCulley, has authorized me to act on her behalf in considering
modifications. After consultation with the County Engineer and reviewing the provisions of the
ordinance I am denying your request to amend the design standard.
I reached this decision because I am unable to make a positive finding that the public health, safety or
welfare would be equally or better served by the modification or waiver and that the modification or
waiver would not otherwise be contrary to the purpose and intent of this chapter. In fact, I find that
approving the modification would be contrary to the purpose and intent of the ordinance. I reviewed the
files associated with the development of the current regulations. During the review of the ordinance there
was specific discussion about establishing eight (8) feet as the minimum standard. Other alternatives
were also discussed including establishing the minimum standard at 11 feet. Nine (9) feet was adopted as
a compromise position.
You have the right to appeal this denial as provided in Chapter 18, Section 4.12.2(d). If you have any
questions about this action please feel free to contact me.
Sincerely,
William D. Fritz, AICP
Chief of Current Development