RESOLUTION

 

WHEREAS, SUB 2008-100 (Wyant) is a plat proposing to subdivide Tax Map and Parcel Number 02600-00-00-04200 into two lots as a family subdivision (hereinafter, the “plat”); and

 

WHEREAS, the plat fails to comply with several provisions of the Subdivision Ordinance as set forth below.

 

NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby disapproves the plat because it fails to comply with County Code § 14-212(C) because the Virginia Department of Transportation (hereinafter, “VDOT”) did not approve the entrance of the principal means of access for each lot (Old Breakheart Road) onto a public street (Slam Gate Road) because the intersection does not comply with the applicable standards in 24 VAC 30-71-130 and 24 VAC 30-71-140.  In order to comply with County Code § 14-212(C), the subdivider must satisfy the sight distance criteria under 24 VAC 30-71-30 and the criteria for a commercial entrance under 24 VAC 30-71-140 by obtaining a sight distance easement that is approved by VDOT; and   

 

BE IT FURTHER RESOLVED that the Board disapproves the plat because it fails to comply with County Code § 14-316 because the subdivider did not submit, prior to or with the plat, evidence satisfactory to the subdivision agent that the entrance of the principal means of access for each lot (Old Breakheart Road) onto an existing or proposed public street (Slam Gate Road) complies with applicable VDOT standards in 24 VAC 30-71-130 and 24 VAC 30-71-140.  In order comply with County Code § 14-216, the subdivider must satisfy the sight distance criteria under 24 VAC 30-71-30 and the criteria for a commercial entrance under 24 VAC 30-71-140 by obtaining a sight distance easement that is approved by VDOT and submit satisfactory evidence of that approval to the subdivision agent; and

 

BE IT FURTHER RESOLVED that the Board disapproves the plat because Old Breakheart Road cannot be approved as a private street under County Code § 14-232(B)(1) without the signatures of the owners of the parcels composing Old Breakheart Road or over which that road traverses evidencing their consent to the subdivision since Old Breakheart Road must be part of the subdivision.  Without approval of Old Breakheart Road as a private street, the lots proposed on the plat do not have the frontage required by County Code §§ 14-400 and 14-403 and County Code § 18-4.6.1(a).  In order to obtain approval of the plat, the subdivider must obtain the signatures of such owners to allow Old Breakheart Road to be approved as a private street.

 

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