COUNTY OF ALBEMARLE
Sun Ridge Road – Crutchfield Request for Private Driveway within the County Public Right-of-Way
Authorize County Executive to execute a License Agreement for a private driveway within the County’s undeveloped Sun Ridge Road public right-of-way
Messrs. Tucker, Foley, Davis, Kamptner, Letteri, and Kelsey
LEGAL REVIEW: Yes
December 09, 2009
ACTION: X INFORMATION:
The Office of Facilities Development recently constructed the Phase 2 extension of the existing Sun Ridge Road. Beyond this road extension is a network of unimproved public rights-of-way that connect to Huntington Road and Wakefield Road that were platted with the Northfields subdivision. Tax Map Parcel 62A1-F-10, currently owned by William Crutchfield (the “Owner”), backs up to a segment of this unimproved right-of-way. The Owner has requested permission to construct a private driveway from the new terminus of Sun Ridge Road to the rear portion of this parcel. [Please refer to the attached letter for the details of Mr. Crutchfield’s request (Attachment A)]. As shown on the enclosed Driveway Concept Sketch (Attachment B), approximately 275 feet of this proposed private driveway will be within the existing undeveloped public right-of-way.
Since this undeveloped public right-of-way is owned by the County, the construction of any private improvement within the right-of-way requires a license agreement between the County and the Owner specifying the rights and responsibilities of both parties for the construction and maintenance of the improvements. A draft license agreement, which was prepared by the County Attorney, is attached (Attachment C).
Goal Four: Effectively Manage the County’s Growth and Development
Staff has reviewed the driveway request and, from a land use perspective, has no issues or concerns. Although it is rare for the County to authorize private improvements in a public right-of-way, under appropriate terms and conditions, the public’s interest in the right-of-way is protected. In this case: (1) the public right-of-way at issue is an unimproved segment; (2) the license agreement expressly requires that the public’s right of passage not be impeded or obstructed; and (3) the license agreement allows either party to terminate the agreement with 60 days’ notice (such as when the County may desire to improve this segment as a public street or trail), and requires the unimproved segment to be restored to its current condition.
From an engineering perspective, staff will require a high level of care be taken in the proposed driveway’s design and construction to assure downstream drainage problems are not created by increased runoff from the driveway or by driveway grading diverting runoff from the upstream area across the existing drainage divide. The proposed license agreement requires that the design of the driveway be approved by the County’s Transportation Engineer and that the Owner address all erosion, drainage, stormwater or any other impacts when directed by the Transportation Engineer.
Under the terms of the license agreement, the Owner of TMP 62A1-F-10 (currently Mr. Crutchfield) will be responsible to construct and maintain the driveway; and, when abandoned the Owner will be responsible to remove the driveway and restore the area to its current condition. Therefore, there are no anticipated budget impacts to the County.
Staff recommends that the Board authorize the County Executive to execute a license agreement, approved as to content and form by the County Attorney.
A - Crutchfield_Driveway Request_Letter
B - Crutchfield_Driveway_Concept_Sketch
C - Crutchfield_Draft License_Agreement
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