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HomeMy WebLinkAboutSUB200400284 Executive Summary 2005-02-08COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 04 -284 HARDWARE RIVER FARMS PRELIMINARY SUBDIVISION PLAT SUBJECT /PROPOSAL/REOUEST: Request subdivision approval and authorization to allow a private road. STAFF CONTACT(S): Steve Tugwell AGENDA DATE: November 9, 2004 ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: Yes ACTION: Yes INFORMATION: ATTACHMENTS: Yes REVIEWED BY: AM, WDF, GBB BACKGROUND: The applicant proposes to subdivide Tax Map 101, Parcels 7B & 23, consisting of 106.6 acres, into 9 (nine) lots. These lots will gain their frontage and access from a proposed private road which gets its access from State Route 631 (Old Lynchburg Road). The property is zoned RA - Rural Areas and is located in the Samuel Miller Magisterial District on Old Lynchburg Road [Route # 631 ] approximately 1 mile from its intersection with Red Hill Road [State Route # 708]. The Comprehensive Plan designates this property as Rural Areas in Rural Area 4. DISCUSSION: With the exception of a few typical conditions of approval, the preliminary plat meets all requirements of the Subdivision Ordinance and Zoning Ordinance. The Planning Commission must act only on the request for a private road, as staff will approve the subdivision plat administratively following approval of the private road request. The applicant has submitted a request for a private road, (Attachment C).With the request for use of private roads, the Planning Commission must determine if the standards have been met for approval under Section 14 -232 of the Subdivision Ordinance. This section of the ordinance requires a subdivider to demonstrate to the reasonable satisfaction of the Commission, that approval of a private road will alleviate a clearly demonstrable danger of significant degradation to the environment of the site, or adjacent properties, which would be occasioned by the construction of a public road in the same alignment. Staff has reviewed the request for a private road for the subdivision, and made the determination that it meets the requirements set forth in the ordinance. The request has been made according to section 14- 232A.1, which states a private road can be authorized if; i) the property in within the Rural Areas or Village Residential zoning districts. It is zoned RA. ii) the road would alleviate a clearly demonstrable danger of significant degradation to the environment. This has been demonstrated to the satisfaction of the County Engineer according to 14 -232A. L(a), in that the volume of grading for a public road would be more than 30% greater. iii) no alternative public street alignment is available. Because most of the earthwork for the private roadway is in the initial grades past the entrance, staff investigated the possibility of access through proposed lot 8. This would eliminate much of the grading, but the sight distance for an entrance on Rt. 631 at this location did not meet VDOT standards. iv) no more lots are proposed on the private road than could be created on the public road. The applicant has provided an alternative public road alignment designed to rolling terrain standards. The same number of lots could be achieved with a road built to rolling terrain standards as is proposed with the current private road request. However, a private road built to 1 mountainous terrain standards would also result in an equal number of lots. Furthermore, 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. The private road will be adequate to carry the traffic volume expected to be generated by the subdivision. 2. The comprehensive plan does not provide for a public street in the approximate location of the proposed private road; 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; The fee of the private road will be owned by the owner(s) of the Residue parcel. Through a road maintenance agreement, all of the users of the road will be responsible for the maintenance and repair. 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 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 Subdivision and Zoning Ordinance requirements for this subdivision has been met and that all the requirements outlined in Section 14- 234(c) regarding private roads have been met. Staff recommends approval of the preliminary plat and use of a private road with conditions. RECOMMENDED CONDITIONS OF APPROVAL: 1. Current Development Engineer approval of an erosion control plan, narrative and computations. [14 -311, 17- 203] 2. Current Development Engineer approval of a stormwater management /BMP plan and computations. [ 17- 304] 3. Current Development Engineer approval of a completed stormwater management facilities maintenance agreement and fee. [17 -323] 4. Current Development Engineer approval of road plans, pavement design sheets, drainage computations, and access easements. [14 -512, 14 -514, 14 -304, Policy] 5. VDOT approval of the entrance will be required for the final subdivision plat. Any needed computations must accompany plan submittals. 6. Health Department approval. 7. The final plat must meet all of the requirements of section 14 -303 of the subdivision Ordinance. [14 -303] 8. The subdivider shall submit a maintenance agreement that satisfies the requirements of section 14 -313. ATTACHMENTS: A. Vicinity Map B. Copy of Plat 2 C. Letter from Applicant Requesting a Private Road (dated 9/10/04)