COUNTY OF ALBEMARLE

EXECUTIVE SUMMARY

 

  

 

AGENDA TITLE:

ZMA 2005-00006 Clevester & Mattie Logan

 

SUBJECT/PROPOSAL/REQUEST:

A rezoning is requested from R-2 to R-4 to allow lot consolidation, which will result in two dwellings on one property.

 

 

 

 

STAFF:

REBECCA RAGSDALE

 

 

PLANNING COMMISSION DATE:

September 20, 2005

December 20, 2005

 

BOARD OF SUPERVISORS DATE:

January 11, 2006

 

 

 

OWNER/APPLICANT: Clevester and Mattie Logan

 

PROPOSAL:

This request is to rezone .54 acres from the R-2 Zoning District to the R-4 Zoning District to allow for a boundary line adjustment and lot consolidation plat to be approved. The property is located along Hydraulic Road and Turtle Creek Road.

 

 

BACKGROUND: 

Rezoning the property from R-2 to the R-4 Zoning District is necessary because the proposed boundary line adjustment would result in two dwellings on one parcel: a single family home facing Hydraulic Road and a cottage unit behind it that is currently unoccupied. This would exceed the density allowed in the R-2 Zoning District but would be permitted in the R-4 Zoning District. The Planning Commission held a public hearing on this item September 13, 2005 where there was much discussion as to the appropriateness of the applicant closing off their access to Hydraulic Road and using their two other access points to Turtle Creek Road. Since that meeting, staff and the applicant have both separately reconfirmed with the Virginia Department of Transportation that the United States Postal Service preferences do not impact their recommendations and that they do continue to recommend that the driveway onto Hydraulic be closed, preferably with this rezoning. Staff had suggested in the staff report for the September 13, 2005 Planning Commission meeting (Attachment D) that, since there was no new construction or redevelopment proposed with this rezoning, the entrance closure could be handled at such time new construction/redevelopment on the Loganís property necessitated a site plan.  The Planning Commission indicated that there was a need with this rezoning to have assurances that the entrance would be closed.  This rezoning was ultimately deferred at the request of the applicant so that the applicant could have more time to evaluate closing their entrance.

 

DISCUSSION/FINDINGS:

At this time there is no new construction proposed on the property included with this rezoning request and no negative impacts to adjoining residences have been identified.  The primary issue with this rezoning is improving safety on Hydraulic Road. The Planning Commission desires the applicant to commit at this time to closing the entrance prior to any redevelopment of the property. The applicant wishes to close the entrance when either the primary structure on the property is no longer used as a single family dwelling or when and if the second dwelling is once again occupied.

 

As noted at the Commission meeting, closing the entrance would improve safety along Hydraulic Road, with fewer vehicles turning into the Loganís property. The entrance to Turtle Creek has a right turn lane, which is safer than the Logansí entrance. The Commission was not concerned with the current situation, but was concerned that future development might use the existing driveway; they noted VDOTís current concerns about safety as well as other residentís use of the driveway.

 

A proffer was submitted by the applicant which was received November 21, 2005. It was reviewed by staff and the County Attorney with comments provided to the applicant. While the proffer commits to a future closing of the entrance, it does not specifically address closing the entrance under a redevelopment scenario. Staff does not believe the applicant has addressed the concerns raised by the Planning Commission. However, this is all the applicant has been willing to offer.

 

Factors favorable:

 

Factors Unfavorable:

 

 

 

RECOMMENDATION:

Staff does not recommend approval of ZMA 2005-00006 to rezone .54 acres from R-2 to R-4.

 

ATTACHMENTS:

A.      Proffer Form dated November 16, 2005

B.     Deed description for Logan Property

C.     Proffers dated December 8, 2005

D.     September 20, 2005 Staff Report

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