STAFF PERSON:                                                                              Rebecca Ragsdale

PLANNING COMMISSION:                                                              September 13, 2005

BOARD OF SUPERVISORS                                                                        October 12, 2005


ZMA 2005-00006 Clevester & Mattie Logan




Request to rezone .54 acres from the R-2 (Residential) Zoning District to the R-4 (Residential) Zoning District to allow property boundary line adjustments. The property is described as Tax Map 61, parcels 44A and 44A1 (portion of, 17,503 square feet adjacent to Tax Map 61, parcel 44 including an existing dwelling) located at 2530 Hydraulic Road (Route 743) at the intersection of Hydraulic Road and Turtle Creek Road in the Jack Jouett Magisterial district. It is zoned R-2 (Residential) and EC (Entrance Corridor) Overlay. The Comprehensive Plan designates this property Urban Density in Neighborhood 1 and recommends 6.01-34 dwelling units per acre. The R-4 Zoning District allows for up to 6 dwelling units per acre with bonus provisions.


Character of the Area: 


The area is characterized primarily by medium to high density residential uses. The property is situated on Hydraulic Road, along a row of several other single family homes zoned R-2. Adjacent to the property are the Turtle Creek Condos zoned R-10. Across Hydraulic Road is the West Gate apartment complex which is zoned R-15. (Attachment A)


Specifics of the Proposal


This rezoning request to the R-4 Zoning District is to allow approval of a proposed boundary line adjustment and lot consolidation plat. (Attachment B) The rezoning involves 17,503 square feet of TMP 61-44A and 6,256 square feet of TMP 61-44A1, when combined the total area rezoned would be 23,759 square feet or .54 acres. The remainder of TMP 61-44A1 will be combined with TMP 61-44B1 for a total of 36,793 square feet or .84 acres and front on Turtle Creek Road.  


Applicant’s Justification for the Request:   


The applicant has indicated that the rezoning request will allow TMP 44-A1 to be developed in the future. The applicant will retain the property being rezoned and plans to convey the remaining .84 acres to the owners of Tax Map Parcel 61-44B1.


Planning and Zoning History:  


The house on the property was constructed in 1955. The 50 foot right-of-way for Turtle Creek Road that runs along the western property line was shown on plats dating to 1955.  Turtle Creek Condos were built in the mid 1980’s. There is no other history on the parcels to be included in the boundary line adjustment.






Comprehensive Plan:


The Comprehensive Plan designates this property for Urban Density Residential in the Neighborhood 1, which is intended to be a mixed-use community.   The recommended density is up to 6- 34 dwelling units per acre. The R-4 Zoning district allows 4 dwelling units per acre and up to 6 dwelling units per acre with bonus provisions. The request is consistent with the Comprehensive Plan. Because of the nature of this rezoning request, analysis of conformity with the Neighborhood Model has not been done.


Analysis of the Rezoning Request:


By-right Use of the Property


The property is zoned R-2 Residential, which allows single family detached dwellings and other uses characteristically supportive of residential areas. The residential density allowed by-right is 2 dwelling units per acre with up to 3 dwelling units per acre with bonus provisions. By-right, only one dwelling is permitted on the property.


Relationship between the application and the purpose and intent of the requested zoning district


This rezoning is consistent with the intent of the R-4 Zoning District, which is intended to provide for compact, medium density, single family development with a variety of housing types and incentives for clustering.  R-4 districts may be permitted within community and urban area locations designated on the Comprehensive Plan.

Anticipated impact on public facilities and services


The property requested for rezoning currently has three entrances/exits:  one onto Hydraulic Road and two onto Turtle Creek Road. The other properties involved in the boundary line adjustment do not access Turtle Creek Road.  Turtle Creek Road is a private road located within a 50 foot right-of-way; it is the only access road into the Turtle Creek development of approximately 370 units. The private drive entrance onto Hydraulic Road from the Logan’s property is approximately 30 feet from Turtle Creek Road. Hydraulic Road along this section has two lanes of travel in both directions and a center turn lane. There was an average of 14,000 vehicle trips per day in 2004 on this section of Hydraulic Road. There is a right turn lane into Turtle Creek Road on Hydraulic Road and there are right and left turn lanes exiting Turtle Creek.  

The Virginia Department of Transportation (VDOT) has recommended that the driveway onto Hydraulic Road be closed and provided comments on development of the site:

 Staff has discussed closing the driveway entrance onto Hydraulic Road with the applicant but he does not wish to close it at this time. The applicant’s property serves as a central location for mailboxes of three neighbors and the United States Postal Service has indicated that closing the drive onto Hydraulic Road would pose an issue with their mail delivery route.  Staff feels closing the entrance would be more appropriate if the property redevelops and is not recommending it be closed at this time.

Water and Sewer

This property is located in the Albemarle County Service Authority’s Jurisdictional Area and is water and sewer service is available from the Service Authority

Stormwater management, School, and Fiscal Impacts

 No impacts were identified with this rezoning request.


Anticipated impact on cultural and historic resources


The brick residence on the property dates to 1955 and does not appear to be historically significant based upon the description provided by the owner. It has not been surveyed by the Virginia Department of Historic Resources.


Anticipated impact on nearby and surrounding properties


No additional impacts will result from this rezoning request. This rezoning and boundary line adjustment would only allow one additional dwelling and a drive way onto Turtle Creek Road. The access to Turtle Creek Road would be possible for Tax Map 61-44A1 without this rezoning.


Public need and justification for the change


Approval of this rezoning would potentially allow a residence to built that would be consistent with the pattern of single family residences located along Hydraulic Road in that area.




Staff recommends approval of ZMA 04-13 of .54 acres from the R-2 to R-4 Zoning District, as shown on the plat titled “Combining Survey for Tax Map 61 Parcels 44A, 44A1, & 44B1” , prepared by Residential Surveying Services and dated April 26, 2005. (Attachment B)


PRIVATE Attachments:


A.       Location Maps

B.      Plat titled “Combining Survey for Tax Map 61 Parcels 44A, 44A1, & 44B1” , prepared by Residential Surveying Services and dated April 26, 2005

C.  Letter dated September 7, 2005 from Mr. Keith Smarte, United States Postal Service

 Return to January 11 exec summary