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HomeMy WebLinkAboutSUB201000167 Legacy Document 2011-11-16 (3)KIRK HUGHES & ASSOCIATES 220 EAST HIGH STREET CHARLOTTESVILLE, VIRGINIA 22902 434.296.6942 FAX 434.295.7540 LAND SURVEYORS & PLANNERS December 23, 2010 Agent, Department of Community Development Albemarle County, Virginia 401 McIntire Road Charlottesville, VA 22902 RE: Barracks West Townhouses Private Street Request Dear Sir or Madam: On behalf of our client, Cheetah Investment Company LLC, Kirk Hughes and Associates hereby requests that Albemarle County approve private streets within the proposed Barracks West Townhouse subdivision. These are labeled "Private Streets A through E" on our preliminary plat entitled "Preliminary Plat, Blocks A thru 0, Barracks West Townhouses" dated December 23, 2010 and included with this request Barracks West (formerly known as Old Salem Apartments) was developed in the early 1970's in accord with a site plan dated April 1969 and amended in January of 1971. We could not locate a copy of this plan but it is referenced in several Zoning Compliance letters prepared by the Department of Community Development and a copy may be archived at the Department. It was likely reviewed and approved by Albemarle County. Old Salem was a for -rent apartment complex until 2006 when it was converted into Barracks West Condominiums, but very little in the way of site changes occurred during the conversion. The streets in the complex were not changed and still consist of two arterial roads with seven or so branch roads serving groups of buildings and their parking areas. The streets are of variable width, paved, and edge treatments are a mix of curb and no -curb. Our justification for requesting that the Barracks West streets be approved as private streets is based on Section 14- 232.A.3. "General Welfare." Our reasons and justifications are as follows: 1) The streets in this proposed townhouse subdivision are existing streets that have adequately served the dwelling units in the development for some forty years. The proposed subdivision will not increase or decrease the density of units nor will it change the traffic flow or parking. No physical changes to the development are proposed. We intend merely to create townhouse lots where condominiums now exist. 2) The streets currently are and have historically been privately maintained. Prior to 2006 the owner of Old Salem maintained the roads to serve the for -rent apartments. When the condominium was created the roads became common elements and at that point maintenance became the responsibility of the condominium association as dictated by the recorded condominium covenants and agreements. 3) Per its current Secondary Street Acceptance Requirements the Virginia Department of Transportation as a policy does not accept streets such as these into its system. A primary issue is connectivity: the streets in Barracks West serve only the units in the development and do not connect with neighboring subdivisions and their streets. The streets are old and existing and VDOT Day accept them as such, but the spirit of the regulations is to move away from publicly maintaining such roads. To summarize, our contention is that the streets in Barracks West are existing and adequate access roads. They have been well maintained privately first by the owner of the Old Salem complex and now by the KFEA Barracks West Townhouses Private Street Request December 23, 2010 Page 2 condominium association. Amendments to the condominium covenants will assure the future private maintenance of the roads. We seek only to formalize their status as Private Streets to satisfy the subdivision lot access and frontage requirements of the County Code. To go along with the above justification, below please find my address on the five points outlined in Section 14- 234.C.: 1) "The private street will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision" - The streets have adequately served the units within the development for some forty years. No changes are proposed to the number or arrangement of units nor to the streets themselves. 2) "The Comprehensive Plan does not provide for a public street in the approximate location of the proposed private street"- It does not. 3) "The fee of the private street 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 street" -The condominium association currently owns the fee of the streets as a common element. The association documents will be amended to accommodate the townhouse lots and assure the maintenance of the streets. 4) "Except where required by the commission to serve a specific public purpose, the private street will not serve through traffic nor intersect the state highway system in more than one location" -The streets are existing and serve only the Barracks West units. No changes are proposed. 5) "If applicable, the private street has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable lavl' - I do not find where other districts, ordinances, or laws adversely impact these potential private streets. Per Section 14-234.A. 1.(a) you require documentation explaining how the perpetual maintenance of the private street will be funded and who will be responsible for the actual maintenance. As stated above the condominium owners association currently maintains the streets, and should you desire a copy of the existing agreement I can provide one. Should the townhouse subdivision be approved this agreement will be amended and modified, but the maintenance of the streets will be assured. Also per this section of the code you require field -run profiles and cross - sections, but the county engineer may waive that for existing streets or in other circumstances. I ask that he do waive that requirement. Should I need to write a formal letter to the county engineer making the request I can. Thank you for your attention to this matter. Please do not hesitate to contact me if you have questions or require further information. Sincerely, __r Kirk Hughes, L.S. Principal Attachments: Preliminary Plat of Barracks West Townhouses (17 copies) Application w/ check xc: file