Mr. James Freas, Director of Neighborhood Services
City of Charlottesville
PO Box 911
Charlottesville, VA 22902

June 8, 2022

RE: MOUNT VIEW PUD SIDEWALK EXCEPTION REQUEST (SEC. 29-182(j)(5))


Dear Mr. Freas and Members of the Planning Commission,

In accordance with Sec. 182(j)(5) of Chapter 29 – Subdivision of Land of the City Code, we respectfully
request an exception from Sec. 29-182(j)(2) which requires sidewalks to be constructed on both sides of
every new street; specifically this exception request applies to the eastern side of the street proposed
within the existing right-of-way that runs perpendicular to River Vista Avenue. See attached “Exhibit A”
which shows the proposed improvements in the right-of-way and the area where sidewalks are not
proposed, which is the subject of this exception request. In your evaluation of this request, please consider
the following:

Sec. 29-36 – Variations
(a)Whenever this chapter contains provisions for variation or exception to a requirement, the agent or
commission in considering a request for a variation or exception, shall consider whether, because of
unusual size, topography, shape of the property, location of the property or other unusual conditions
(excluding the proprietary interests of the subdivider) the requirement that is proposed to be varied or
excepted would result in substantial injustice or hardship and would not forward the purposes of this
chapter or serve the public interest.

In the right-of-way that is perpendicular to River Vista Ave, the Mount View PUD proposes the
construction of a road to City street standards with the exception of a providing a sidewalk along the
eastern edge of the proposed street. The existing right-of-way is 40’ in width and is bound on the east and
west by privately owned residential lots. The proposed street will feature a sidewalk along the western
side and will feature street trees along the eastern side. There are no residential units proposed to front on
this portion of right-of-way and the sidewalk proposed along the western side of the street is well
integrated into a larger sidewalk network within the Mount View PUD. The 40’ right-of-way width limits
the improvements that can be accommodated within the right-of-way and this limitation is further
compounded by the earthwork necessary to design a road in accordance with street standards. Although a
sidewalk is not provided on the eastern side of the street, pedestrian connectivity is not compromised
within the PUD. There is a clear pedestrian connection running through the site connecting Landonia
Circle to River Vista and there are pedestrian connections provided east to west through the site as well,
providing connection points to Otter St., Mount View Church, and adjacent properties. In summary, in
your consideration of this request please consider the site constraints within the right-of-way, the well-
connected pedestrian network elsewhere within the PUD including on the western side of the proposed
street, and that no units will be fronting on this portion of the right-of-way.

Sec. 29-182(j)(5)(i-vii)
(i) whether a surface other than concrete is more appropriate for the subdivision because of the
character of the proposed subdivision and the surrounding neighborhood;

This consideration is not applicable for this particular request.
 (ii) whether sidewalks on only one (1) side of the street may be appropriate due to environmental
constraints such as streams, stream buffers, critical slopes, floodplain, tree cover, or wetlands, or
because lots are provided on only one (1) side of the street;

There are no environmental constraints within the right-of-way and there are no residential units
proposed on the street. Sidewalks are proposed only on one side of the street due to the right-of-way
width and existing site grade which must be reworked within the existing right-of-way to meet City
street standards.

 (iii) whether the sidewalks reasonably can connect into an existing or future pedestrian system in the
area;

The sidewalk proposed on the western portion of the street is well integrated into the internal sidewalk
network proposed within the Mount View PUD; there are clear north/south and east/west pedestrian
connections provided.

(iv) whether the length of the street is so short and the density of the development is so low that it is
unlikely that the sidewalk would be used to an extent that it would provide a public benefit;

The public street portion of the travel way is short; approximately 70’ in length and it is not expected
for there to be significant vehicular traffic along this portion of right-of-way to the point where it would
be unsafe for pedestrians to cross to the western sidewalk within the development.

(v) whether an alternate pedestrian system including an alternative pavement could provide more
appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative
profile submitted by the subdivider;

No alternative surfaces are proposed with this request. The pedestrian connections proposed provide
access to adjacent streets and properties.

(vi) whether the sidewalks would be publicly or privately maintained;

The majority of the pedestrian connections affiliated with the development will be privately maintained
however all improvements proposed within the right-of-way will be publicly maintained.

 (vii) whether the waiver promotes the goals of the comprehensive plan, including the applicable
neighborhood plan; and

The Mount View PUD promotes many goals of the comprehensive plan; the PUD Development Plan
details the various consistencies. This development proposes a well-connected pedestrian network that
promotes walkability within and around the proposed PUD. Granting of this waiver will not
compromise pedestrian connectivity in this particular location.

(viii) whether waiving the requirement would enable a different principle of the neighborhood plan to
be more fully achieved.

Waiving the sidewalk requirement on the eastern side of the proposed street would allow for the
construction of these street improvements within the existing 40’ right-of-way without encroaching on
adjacent properties. These improvements are necessary to provide safe and convenient access to the
proposed Mount View PUD.
Thank you for your consideration of this request.
EXHIBIT A




                                    RIVER VISTA




                                                  EXTENTS OF SIDEWALK EXCEPTION REQUEST

            EXISTING RIGHT-OF-WAY