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HomeMy WebLinkAboutSUB200400232 Executive Summary 2004-09-21COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 2004 -232 Starfield Preliminary Plat SUBJECT /PROPOSAL /REQUEST: Request for authorization to allow a private road to serve five (5) lots. STAFF CONTACT(S): Francis MacCall AGENDA DATE: September 21, 2004 CONSENT AGENDA: Yes ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: WDF BACKGROUND: The applicant proposes to create five (5) lots averaging 5.034 acres on a private road with a dam crossing. The site, described as Tax Map 81 Parcel 51D, contains 25.17 acres and is zoned RA, Rural Areas. This site is located in the Rivanna Magisterial District on Campbell Road (SR 600) approximately 13/4 miles from its intersection with Louisa Road (SR 22). The Comprehensive Plan designates this property for Rural Area uses in Rural Area 2. (Attachments A & B) This is a request for authorization to allow a private road to serve the five (5) lots. DISCUSSION: This preliminary plat has been reviewed by the Site Review Committee and found to meet all requirements of the subdivision ordinance and zoning ordinance. The use of a private road serving two or more lots in the Rural Areas requires Planning Commission review and approval. The applicant has requested approval per Section 14- 232.A.I I. (a) & (b) of the Subdivision Ordinance. A private road may be authorized under Section 14- 232.A. La of the Subdivision Ordinance, if it can be shown that there will be a 30% reduction in the amount of earthwork done to build the private road instead of the public road, or Section 14- 232.A.4 of the Subdivision Ordinance, if the general welfare, as opposed to the proprietary interest of the subdivider, is served. The applicant's request for the private road has been made regarding the amount of earthwork needed for the two types of roads (public vs. private). (Attachment C) The Engineering staffs review has determined that the computations provided were not sufficient for the analysis to recommend approval via Section 14- 232.A. La, but has been able to recommended approval per Section 14- 232.A.4. (Attachment D) The bottom line being the road would not be accepted into the state system because of the dam that will be incorporated into the road. The State will not accept liability for the dam, thus will not accept the road. So the general welfare will be better served by the private road serving five (5) lots, for the reasons outlined below. Staff has received a letter from an abutting property owner raising concerns about the dam and the affect on the abutting property. (Attachment E) The concerns raised in the letter are all concerns that have been raised to the applicant by staff. The applicant is fully aware of these issues. These issues are ones that can be addressed with the final plat and the road design. One of the conditions for this preliminary plat address these concerns by having the final road and dam design to be approved by the County Engineer. There is no question that the owner has a proprietary interest in this subdivision which can be accomplished by the allowance of a private road, however, use of this private road serves the public purpose, and therefore, the general welfare, 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 by assuring the orderly division of land and its development; Use of only one private road assures the orderly division of land by minimizing the number of entrances onto public roads. There is a possibility with the design of the road that the design of a dry hydrant (for fire protection) may be appropriate with the pond that is on the property. A dry hydrant would provide a benefit to the community. 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; This parcel is being divided as allowed in the Subdivision and Zoning Ordinances. The road proposed to be utilized by these lots will be designed per the County's regulations. C. Implement the comprehensive plan and the policies stated in section 1.4 of the zoning ordinance through the standards and procedures established herein; By allowing a private road, the County is limiting the service delivery that would otherwise be provided if the road were accepted into the public system. Although the preferred road in the County is a public road, a road which crosses a dam cannot be accepted into the state system, therefore a private road, which will be privately owned and maintained through a County approved Road Maintenance Agreement, is an acceptable alternative. Also, the Comprehensive Plan encourages reducing the number of entrances onto public roads. The use of this one entrance into the development has allowed staff to effectively control access onto the site. Review of this subdivision by the Site Review Committee has insured 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. 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. All proposed improvements to the site have been reviewed by the Site Review Committee to assure that they would not become an undue burden on the community. All improvements will be built and maintained by the developer and owner(s) of the proposed lots. Per Section 14- 234(c), the Commission may authorize one or more private roads to be constructed in a subdivision if it finds that one or more of the circumstances described in section 14 -232 exists and that: 1. The private road will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision. Yes. The review of the design of the road must be approved by a Community Development Engineer and will be adequate to carry the volume. 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private road; Yes. The Comprehensive Plan does not provide for a public street in the location of this private road. 3. The fee of the private road will be owned by the owner of each lot abutting the right -of -way thereof or by an association composed of the owners of all lots in the subdivision, subject in either case to any easement for the benefit of all lots served by the road; Yes. The fee of the private road will be owned by the owner(s) of all lots. Through a road maintenance agreement, all owners will be responsible for the maintenance and repair of the road within the easement, established by the plat. (Attachment B) 4. Except where required by the commission to serve a specific public purpose, the private road will not serve through traffic nor intersect the state highway system in more than one location; and Yes. The private road will not serve through traffic, nor intersect the state highway system in more than one location. 5. If applicable, the private road has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law. Not applicable. RECOMMENDATION: Staff finds that the general welfare is served and that all the requirements outlined in Section 14- 234(c) have been met and recommends approval of the use of a private road. With allowance of the private road, staff can approve the plat administratively. RECOMMENDED CONDITIONS OF APPROVAL: 1. The final plat shall not be submitted for signature nor shall it be signed until the following conditions are met: a. The subdivider shall submit a maintenance agreement for the private road, which satisfies the requirements of section 14 -313. b. The final plat shall contain the statement required by section 14- 303(N). C. The subdivider shall provide surety for the completion of the private road as required by section 14 -413 if the private road will not be completed prior to approval of the final plat. d. Each deed of subdivision, or similar instrument, and each deed conveying a lot within the subdivision shall contain the following statement: "The streets in this subdivision may not meet state standards and will not be maintained by the Virginia Department of Transportation or the County of Albemarle." 2. County Engineer approval of final road and dam design. 3. Health Department approval of all lots. Attachments: A - Detail/Location Maps B -Copy of Plat C - Applicants Justification D - Engineer Approval E — Letter from abutting owner