Loading...
HomeMy WebLinkAboutSUB200400046 Executive SummaryCOUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 04 -046 SIEMON, PATRICK PRIVATE ROAD REQUEST SUBJECT /PROPOSAL/REOUEST: Request for an internal private road in association with a proposed final plat. STAFF CONTACT(S): Yadira Amarante AGENDA DATE: MARCH 23, 2004 ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: Yes ACTION: Yes INFORMATION: ATTACHMENTS: Yes REVIEWED BY: VWC BACKGROUND: Tax Map 34, Parcel 17B 1 is currently served by a 30' private road/access easement off of State Route 640 (Gilbert Station Road). The property is zoned RA (Rural Areas) and is located just east of the intersection of SR 640 (Gilbert Station Road) and SR 747 (Preddy Creek Road) in the Rivanna Magisterial District. It is also located in Rural Area 2 and recommended for Rural Area uses by the Comprehensive Plan. This 23.09 -acre parcel contains some areas of moderate to steep slopes associated with two streams on the property. There is also some flood plain associated with the stream at the rear of the property. The proposal is to create one (1) 2.00 -acre lot to be served with a separate private road/access easement through Tax Map 33, Parcel 48, (see Attachments A & B). It is this private road that needs Planning Commission approval. DISCUSSION: The proposed private road will only serve proposed Lot C -2A, the 2 -acre lot. The use of a private road, which will serve only one or two lots, is usually administratively approved, however, only when two lots are shown in the subdivision. This particular subdivision will show three lots — the proposed 2 -acre lot, the residue of TMP 34 -17B1, and TMP 33 -48 (see Attachment B). Therefore, the private road must be approved by the Planning Commission. A private road may be authorized under Section 14- 232.A.4 of the Subdivision Ordinance, if the general welfare, as opposed to the proprietary interest of the subdivider is served. As observed on Attachment B and in the applicant's request (Attachment C), access to proposed Lot C -2A would require construction of a long driveway from the existing 30' private road/access easement to the proposed lot. This driveway would have to be approximately 1,100' long in order to go around or over the stream causing significant environmental degradation. Also, if this request is not approved, the existing 30' private road/access easement will have to be upgraded to meet private road standards since it will be serving three lots. This scenario would require widening of the existing driveway to a 22' road section from SR 640 to a point just beyond the stream. An alternate solution, with much less environmental impacts, would be to construct an approximate 200' driveway through the existing 50' easement on TMP 33 -48. VDOT staff has field verified that entrance location and finds it adequate for the proposed use, (Attachment D). Use of this private road serves the public purpose, as it relates to Section 14 -101 - Purpose of the Subdivision Ordinance, as follows: A. Improve the public health, safety, convenience and welfare of the citizens of the county y assuring the orderly division of land and its development; Use of the proposed private road is consistent with the orderly division of land by minimizing environmental impacts. The alignment of the private road as shown avoids a stream crossing and excessive grading. B. Provide residential areas with healthy surroundings for family life by assuring that land is divided and developed in a manner that is harmonious with its surrounding lands, a Use of this proposed private road would be similar to other single -user driveways along SR 640, C. Implement the comprehensive plan and the policies stated in section 1.4 of the zoning ordinance through the standards and procedures established herein; This development proposal complies with elements of the Comprehensive Plan because it will protect the natural resources located on the parcel. Although the preferred road in the County is a public road, a road which serves only one parcel cannot be accepted into the state system, therefore a private road, which will be privately owned and maintained, is a preferable alternative. Staff review of the forthcoming subdivision will insure that the policies stated in Section 1.4 of the Zoning Ordinance will be implemented. D. Assure that the development of the county is consonant with efficient and economical use of public funds; and No public funds will be used for this project. All improvements will be built and maintained by the subdivider and future owner. E. Assure that all improvements required by this chapter will be designed, constructed and maintained so as not to become an undue burden on the community. Because it will only serve one (1) lot, the road will not have to be built to any particular standard. It will just be a standard driveway, the construction of which will be administered through the building permit process when one is applied for. VDOT will administer the construction of the entrance. A private road maintenance agreement will be required to ensure that the road will not become an undue burden on the community. RECOMMENDATION: Staff recommends approval of the use of a private road with conditions. With allowance of the private road, staff can approve the plat administratively when the subdivider submits it. RECOMMENDED CONDITIONS OF APPROVAL: 1. Place a note to the plat which states: "The streets in this subdivision may not meet the standards for acceptance into the secondary system of state highways and will not be maintained by the Virginia Department of Transportation or the County of Albemarle." [14- 303(N)] 2. Place a note to the plat which states: "This private road will provide reasonable access by motor vehicle as required by Section 14 -514 of the Albemarle County Code." [ 14 -514 (Table A)] 3. Provide a Road Maintenance Agreement for review by the County Attorney. [14 -313] Attachments: A — Location Map B — Proposed Lot Layout C - Letter from Applicant Requesting a Private Road D — Note from VDOT Approving Private Road Entrance Location 2