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Board approves two private-road exceptions for family subdivisions with 10-year ownership condition
Summary
The New Kent County Board of Supervisors on Feb. 9 approved two private-roadway exception requests allowing gravel surfaced private rights-of-way for family subdivisions, adding a 10-year ownership restriction to both approvals after staff said the applicants were amenable.
The New Kent County Board of Supervisors voted Feb. 9 to approve two requests to relax private-road standards for family subdivisions, permitting gravel surfacing in place of asphalt while retaining a 50-foot right of way and adding a 10-year ownership condition to limit immediate resale.
Patrick Silva, principal planner with the Department of Community Development, told the board the first request concerns a 12.05-acre parcel to be subdivided into three new lots for the applicant’s children. Staff and the planning commission recommended approval, and Silva said the applicant agreed to a proposed 10-year holding-period condition after the board deferred the item last month for further discussion.
Later in the meeting Silva presented a second, similar request from the Nguyen family for a 15-acre parcel on Clark Road. Silva said Clark Road is currently gravel and slated for proposed improvements, including a chip-seal treatment. Staff concluded the gravel private right of way would not adversely affect safety or emergency access and recommended approval.
Board members debated precedent and whether a longer ownership restriction should apply. Multiple supervisors urged consistent treatment for both requests; the board added a 10-year ownership requirement to the Nguyen approval after a motion to adopt Resolution R-07-26 (as amended) passed 4–1 with Supervisor Evelyn recorded as the lone No vote. The earlier Randall-related resolution (R-02-26-R1) passed unanimously.
Jordan Robinson, identified in the meeting as the Nguyen family’s son-in-law, attended on the family’s behalf; Silva and staff answered supervisors’ questions about traffic counts, emergency access and the timing of nearby VDOT improvements.
The approvals require the applicants to provide a 50-foot right of way and to hold the newly created lots for 10 years before resale or transfer, a condition supervisors said was intended to limit speculative subdivision activity.
