COUNTY OF ALBEMARLE

                                                                         EXECUTIVE SUMMARY

 

AGENDA TITLE:

SUB 04-077 BELLE VISTA PRELIMINARY SUBDIVISION PLAT

 

SUBJECT/PROPOSAL/REQUEST:

Request authorization to allow a private road

 

 

STAFF CONTACT(S):

Yadira Amarante

AGENDA DATE: November 16, 2004

 

ACTION:              INFORMATION:

 

CONSENT AGENDA: Yes      

     ACTION: Yes     INFORMATION:

 

ATTACHMENTS: Yes

 

REVIEWED BY: AGM

 

BACKGROUND: The applicant proposes to subdivide Tax Map 69, Parcel 50C, consisting of 76.513 acres, into 5 parcels. All five parcels will gain their frontage and access from a proposed private road. The property is zoned RA - Rural Areas and is located in the Whitehall Magisterial District on Critzer's Shop Road [Route # 151] approximately 0.2 miles south of its intersection with Rockfish Gap Turnpike [Route 250]. The Comprehensive Plan designates this property for rural area uses in Rural Area 3, (see Attachments A & B).

 

REASON FOR PLANNING COMMISSION REVIEW: Authorization of the private road requires Planning Commission approval. With approval of the private road, staff can administratively approve the preliminary plat.

 

DISCUSSION: 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.

 

Engineering and Planning staff supports the use of a private road for the subdivision because the difference in earthwork during construction will be much less than if constructing a public road, (see Attachment D). After reviewing and analyzing the supporting earthwork computations submitted by the applicant, Current Development Engineering agrees that the degradation to the environment will be greater than 30% for the public road when compared to the private road. In other words, construction of a private road will alleviate a clearly demonstrable danger of significant degradation to the environment of the site, or adjacent properties.

 

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.

 

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 of each lot abutting the right-of-way and through a required road maintenance agreement, all of the users of the road will be responsible for the maintenance and repair of the road within the right-of-way.

 

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 all the requirements outlined in Section 14-234(c) regarding private roads have been met. Staff recommends approval of the use of a private road with conditions.

 

RECOMMENDED CONDITIONS OF APPROVAL:

1.      Engineering approval of road plans, pavement design sheets, drainage computations, and access easements. [14-512, 14-514, 14-304, Policy]

2.      The subdivider shall submit a maintenance agreement that satisfies the requirements of section 14-313.

 

ATTACHMENTS: 

 

A.     Vicinity Map

B.     Copy of Plat

C.     Letter from Applicant Requesting a Private Road (dated 9/17/04)

D.     Memo from Engineering (dated 10/19/04)

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