AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date: 

J.B.C. Developers, Inc.

November 18, 2002

Staff Lead:

Department: 

Elizabeth A. Cook

Community Development

 Topic:  MODIFICATION OF SUBDIVISION ORDINANCE SECTION 3-2(A)(6) TO ALLOW A PRIVATE STREET OVER 5,000 FEET IN LENGTH

MARSHALL DISTRICT

Proposal:

The applicant is seeking a modification to Section 3-2(A)(6) of the Subdivision Ordinance, which would allow three (3) administrative subdivisions over 5,000 feet from a state road.  As proposed, the lots would be accessed by an existing private right-of-way, Wales Road .  The first administrative lot would be ±5,166 feet from the closest state road, Springs Road (Route 802).  The last lot would be ±7,065 feet from Springs Road.

The applicant is proposing three (3) separate administrative divisions on parcels consisting of 45.3767 acres (PIN 6962-76-6988-000), 21.5670 acres (PIN 6962-97-3212-000), and 23.5641 acres (PIN 6962-87-3376-000) for a total of nine (9) lots. 

Background:

Wales Road provides private access to approximately 14 parcels prior to the applicant's property.  Currently, the homeowners along that segment maintain the first ±3,800 feet of Wales Road .  That section of the private road surface is gravel and in good condition with a gate beyond the last house.  Vehicular traffic is restricted along the remainder of the easement at this point due to the gate.  The remaining ±2,500 feet do not appear to be used regularly.  An old roadbed appears to exist along the applicant's properties, although the road is gated and the weeds are growing in the roadbed.  The existing easement does extend through the applicant's property to an adjoining parcel.

In the Planning Commission staff report, the following impacts and concerns were considered:

1.      Traffic impact of 60 additional vehicle trips per day on the condition of the improved section of the road as well as the unimproved section;

2.      If approval of the waiver includes some road design or construction requirement, the applicant cannot subdivide using the administrative process, because bonds would be required;

3.      The affect of the expanded use of the private street upon the existing residents along Wales Road , since the waiver request does not require notification of adjoining property owners or users of the private street;

4.      The impact on the proposed 9 dwellings with their sole access via a private road with minimal improvements located within the 100-year floodplain;

5.      The condition and sizing of the culvert at the floodplain crossing and whether or not it is adequate for the additional traffic demand;

6.      The ability of the County to ensure that no additional fill is placed in the floodplain without appropriate special exception approval;

7.      The applicant's focus on an access easement that has numerous issues including environmental and safety concerns; and

8.      VDOT's indication that the right-of-way would not be eligible for acceptance into the State System of roads at a future date.

During the Planning Commission’s work session Mr. Robert Lippincott, a representative of the Wales Road property owners, presented a letter signed by homeowners along Wales Road .  Mr. Lippincott indicated that the homeowners along the street have concerns about the impact of the additional houses on the street they currently maintain.  Attached for the Board's information is the letter signed by the homeowners of eleven properties along Wales Road .  That letter expresses concern about approval of the proposed waiver on their street and setting precedence for future development around the County.

As a reminder, Section 3-2(A)(6) of the Subdivision Ordinance provides for modification of the maximum private street length if there is sufficient justification that the proposed waiver is warranted based upon a determination that:

1.                  properties through which the right-of-way will pass will not be unreasonably affected,

2.                  no alternative for providing access is realistically feasible, and

3.                  without the modification the 1,000-foot limitation places an unreasonable restriction on the use of the property.

Requested Action of the Board of Supervisors:

Consider the proposed waiver.  A resolution for denial, as recommended by the Planning Commission, is provided for the Board's consideration.

Planning Commission Action: 

On October 24, 2002 the Planning Commission voted unanimously to recommend denial of the request for a modification of Section 3-2(A)(6) of the Subdivision Ordinance based on the issues noted in the staff report and that the applicant has other options for use of the property.

The Planning Commission staff reports are available on request.