Commission approves third lot on private drive with requirement to meet public-road standards or provide inspection

The Smyrna Planning Commission on May 7 approved a one-lot final plat (Lot 5) at Redbird Farm Lane but attached a condition intended to protect future owners: the private drive that serves the property must be brought up to public-road standards or the applicant must provide inspection documentation and an amended maintenance agreement obligating all lots to share upkeep.

The application sought a third lot served by an existing private access easement. Staff said the subdivision code generally limits private easement access to one lot unless the development is part of a planned unit development. The commission noted that a previous variance in October 2023 had allowed a second lot to use the private drive, which has created the present request for a third lot.

Applicant Philip Bayer told the commission he and his family had built the road to high standards, buried utilities, and intended to guarantee future maintenance. "We are gonna guarantee that road is maintained," he said, adding the road was constructed thicker than nearby streets. A nearby neighbor, Laverne Barton, spoke in favor of the third lot, saying the homes "are really first class" and would increase property values.

Commissioners pressed staff on whether the town had inspected the road when the utilities were extended; staff confirmed permits and public-utility inspections were completed for water and sewer work but that the road construction itself had not been inspected as a public street. Staff suggested options including private inspection reports, an amended maintenance agreement or creating an association so that multiple owners share long-term costs.

After discussion about precedent, emergency-response access, and enforceability of deed restrictions, Commissioner 7 moved to approve the plat with staff comments and a caveat that the roadway be confirmed or brought up to public-road standards (including a cul-de-sac if required) and that the commission would specify required documentation in the motion. The motion was seconded and approved.

The approval allows the applicant to pursue development provided the listed conditions and documentation are met before final approval of any building permits; staff will work with the applicant to identify which inspections and legal instruments are necessary to satisfy the condition.

The commission emphasized it is not taking on maintenance responsibility for private drives; if the town eventually accepts the road as a public street, the public-works department would need to inspect and accept the work according to standard protocols.