RESOLUTION OF INTENT
WHEREAS, Subdivision Ordinance § 14-404 establishes the standards for subdivision lots having a single access from an internal street, shared driveway or alley, allows its requirements to be waived by the Planning Commission, and requires the county engineer to recommend an alternative standard when the Commission is considering a waiver request; and
WHEREAS, Subdivision Ordinance § 14-412 establishes the standards for private streets and authorizes the Planning Commission to waive easement and right-of-way widths; and
WHEREAS, in 2008, Chapter 17, Water Protection, of the County Code was amended to establish standards for lot access (stream crossings); and
WHEREAS, in order to improve efficiency in development review processes, it is desired to amend Subdivision Ordinance § 14-404 to eliminate the requirement that the county engineer recommend an alternative standard to the Planning Commission when it is considering a waiver from the single access requirement since the question of whether a lot should access an internal or an external street and the impacts therefrom does not require engineer review and comment; to amend Subdivision Ordinance § 14-412 to expand the scope of permissible waivers to include not only easement and right-of-way widths but also other private street standards and that the county engineer should be authorized to act on these waiver requests, subject to appeal to the Planning Commission; and to add a new section to provide that a plat cannot be approved if it does not meet the lot access (stream crossing) requirements in Chapter 17, Water Protection, of the County Code, and that this requirement should apply to subdivisions, rural subdivisions, and family subdivisions.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Albemarle County Code §§ 14-206, 14-207, 14-208, 14-404, 14-412 and any other regulations of the Subdivision Ordinance, and to add any new sections, deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.
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