COUNTY OF ALBEMARLE STAFF REPORT SUMMARY

 

Project Number/Name:  ZMA 2006-017 Buck Mountain Planned Residential Development Boundary Adjustments and Rural Areas rezoning

Staff:  Joan McDowell

Planning Commission Public Hearing: 

November 7, 2006

Board of Supervisors Public Hearing:

 

December 6, 2006

Owners:  Timothy Reid, Daphne Maxwell Reid (TMP 17-26D, 60); Geoffrey Kilmer, Denise Kilmer (TMP 17-61); Buck Mountain Homeowners Assoc. (TMP 17-115)

Applicant:  Timothy Reid and Daphne Maxwell Reid

Acreage:  2.46 ac. rezoned RA to PRD; 1.57 ac. removed from PRD common area; 1.57 ac. put into PRD common area

Zoning Map Amendment: Rezone 2.46  acres of RA to the Buck Mountain PRD; adjust boundaries of PRD residential and Common Open Space within the PRD

TMP:  17-26D; 17-61; 17-115; 17-60

Location: southeast quadrant of Free Union Rd. (Rt. 601) and Davis Shop Rd. (Rt. 671)

Proffers:  No

Existing Zoning and By-right useRA Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre)

Magisterial District: White Hall

Requested # of Dwelling Units:  N/A

DA                               RA   X

Proposal:  Rezone 2.46 ac. of RA to Buck Mt. PRD Common Open Space; adjust boundaries of Buck Mt. PRD for two residential lots, which includes changes to the Open Space Boundary; no additional residential lots.

Comprehensive Plan Designation:  RA - Rural Areas: preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre)

Character of Property:  Mixture of large lot residential, wooded lots, open space and agricultural uses. 

Use of Surrounding Properties:  Residential, agricultural uses

Factors Favorable:

1.       The amount of Common Open Space land placed into residential lots would be replaced by an equal amount of land.

2.       The existing gap in the Common Open Space at the junction of TMP 17-26B, TMP 17- 98 and TMP 17-60, would be closed to connect two parts of the Common Open Space.

3.       No additional dwellings will result from this rezoning.

4.       The land removed from the Rural Areas zoning district would be used as open space for residents of the Buck Mountain PRD.

5.       No additional demands for public facilities or services would result from this rezoning.

 

 

Factors Unfavorable:

None

RECOMMENDATION: Staff recommends approval of ZMA 2006-017.

 

 


 

Petition: ZMA 2006-017  Buck Mountain Planned Residential Development

 

PROPOSALRezone 2.46 acres from RA Rural Areas zoning district (TMP 17-26D) which allows agricultural, forestal, and fishery uses; residential density to become a part of TMP 17-60 Planned Residential District PRD (Buck Mountain PRD) which allows residential (3 34 units/acre).  Also, boundary line adjustments within the Buck Mountain PRD: 1.567 acres PRD Common Area (TMP 15-115) to TMP 17-60 and TMP 17-61, and 1.567 acres of TMP 17-26D added to Common Area (TMP 17-115).  No additional residential units proposed.

PROFFERS:  No 

EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY:  Rural Areas preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre) 

ENTRANCE CORRIDOR: No 

LOCATION: Southeast quadrant of intersection of Free Union Road (Rt. 601) and Davis Shop Road (Rt. 671)

TAX MAP/PARCEL: 17-60; TMP 17-61; TMP 17-115; TMP 17-26D

MAGISTERIAL DISTRICT: White Hall

 

Character of the Area:  The area is characterized by a mixture of residential, wooded areas, open space, and agricultural uses.  The Buck Mountain Planned  Residential Development (PRD) is located in an area containing properties that have been protected through the County's Agricultural and Forestal District program and by conservation easement. One of the two subject properties within the Buck Mountain PRD is adjacent to the Buck Mountain and Free Union Agricultural Forestal Districts; the subject property located in the Rural Areas (TMP 17-26D) is adjacent to properties within the Buck Mountain Agricultural and Forestal District and also a property with a conservation easement held by Virginia Outdoors Foundation.  A segment of the Mountain Overlay area, as designated in the Comprehensive Plan, is located on the RA property (TMP 17-26D); however, this area that would not be affected by the proposed rezoning.  The Buck Mountain PRD lies in the Buck Mountain Creek watershed.

 

Specifics of the Proposal: The applicant has requested boundary lot adjustments in order to cure the problem of agricultural buildings and fences encroaching into the PRD Common Open Space and to resolve an encroachment of the driveway serving TMP 17-60 onto the neighboring property TMP 17-61.  The applicants were unaware that these encroachments existed until recently. The property line adjustments within the PRD and proposed rezoning of a portion of the RA to PRD are described as follows (acres have been rounded to the nearest hundredth):

 

TMP 17-60 (Reid property in Buck Mountain PRD)

       Overall increase from 10.38 acres to 12.48 acres (2.10 acres)

 

     + 1.03 acres from TMP 17-115 (Common Area)

     +   .89 acre from TMP 17-26D (Rural Areas)

     +   .18 acre from TMP 17-61 (Kilmer property)

     = 2.10 acres

 

TMP 17-61 (Kilmer property in Buck Mountain PRD)

Overall increase from 8.27 acres to 8.63 acres (.36 acre)

 

     +     .54 acre from TMP 17-115 (Common Area)

     -      .18 acre to TMP 17-60 (Reid property)

 


 

TMP 17-26D (Reid property in Rural Areas)

Overall decrease from 56.71 acres to 54.25 acres (2.46 acres to be rezoned from RA to PRD)

 

     -    .89 acre to TMP 17-60 (Reid property)

     -  1.57 acres to TMP 17-115 (Common Area)

 

TMP 17-115 (Buck Mountain Home Owners Association (HOA) - Common Area)

Overall, no change in acreage - 1.57 acres decrease/1.57 acres increase)

 

As these adjustments involve both residential and common open space within an existing Planned Residential Development
(ZMA 1990-23) as well as existing Rural Areas zoned property, approval of a zoning map amendment is required.  The applicant has requested that 2.46 acres zoned Rural Areas (portion of TMP 17-26D) be rezoned to Planned Residential Development (PRD) and of which 1.57 acres would become part of the Buck Mountain PRD Common Area.  No new parcels would be created in the RA or in the PRD.  The proposed plat is included as Attachment A.

 

Request for Modification:  The applicant has also requested a modification from Section 19.6.1 of Section 19 Planned Residential Development (PRD) of the Zoning Ordinance, which states:

            19.6 Minimum Area Requirements for Open Space and Recreational Uses

            19.6.1 Not less than twenty-five (25) percent of the area devoted to residential use within any PRD shall be in common open space except         as hereinafter expressly provided.

 

The applicant has requested approval to permit 20.46% of common open space within the Buck Mountain PRD.  Buck Mountain PRD, created in 1990, consists of 237.97 acres with 49.20 acres (20.67%) in common open space, which is less than the 25% open space required by Section 19.6.1.  The Buck Mountain PRD would increase to a total of 240.43 acres including 49.20 acres in Common Open Space, which is 20.46% in open space, a difference of 0.21%.    

 

As 25% of open space within the Buck Mountain PRD was not required with the original Buck Mountain PUD or with the rezoned Buck Mountain PRD, and the amount of acres taken from the Common Open Space would be replaced by an equal amount of undeveloped land with this application, staff does not object to this request. 

 

Planning and Zoning History: 

 

1975 -   Preliminary plan for Buck Mountain Planned Unit Development was approved by the Board of Supervisors. The land had been zoned A-1 (Agricultural).

 

1978 - Declaration of Covenants, Conditions and Restrictions for the Buck Mountain Planned Unit Development.  The developer was Southern Capital Fund.

 

1985 -   Southern Capital Fund conveyed the Buck Mountain PUD "common ground" to the Buck Mountain Homeowners Association.

 

1989 -   The Buck Mountain Agricultural and Forestal District was created. This district included some 211 acres of the Buck Mountain  PUD. 

 

1990 -   The 237.976 acre Buck Mountain Planned Unit Development was rezoned to Buck Mountain Planned Residential Development and a 435.558-acre portion of the original Buck Mountain Planned Unit Development (Map 17 Parcels 26B through 26G) was rezoned from PUD to Rural Areas (ZMA 90-23).  Some of the reasons given for the rezoning were that the PUD had not been developed to the extent of the preliminary plan, some property owners wished to execute land transactions that did not comply with the approved plan, and some properties included uses compatible with the RA zoning district and not consistent with the PUD.  The Board of Supervisors action letter and Resolution of Intent is included as Attachment E.

 

Applicant's Justification for the Request:  In preparation for a property sale, the owners of TMP 17-60 and TMP 17- 26D, Tim and Daphne Reid, learned that some agricultural buildings and a fence were located within the Common Open Space.  The driveway of TMP 17-60 was also encroached into the adjacent neighbor's property (TMP 17-61), owned by Geoffrey and Denise Kilmer. The property owners were not aware that the driveway and accessory buildings were across the property lines.  The boundary line adjustments involve PRD Common Open Space and adjacent Rural Areas zoning district property, thus, prompting the need for this rezoning application.  The applicant's attorney has provided a detailed justification for this request (Attachment C).  The Buck Mountain Home Owners Association has agreed to the proposed changes.

 

By-right Use of the Property:  No additional residential lots would result from the changes in the Buck Mountain PRD.  The property zoned Rural Areas (TMP17-26D) contains 56.170 acres and is currently receiving benefit from the Land Use Taxation program.  The reduction of just over 2 acres would not affect any rights this property has under its current zoning.  As proposed, the common open space placed into residential lots would be replaced in an equal amount by undeveloped RA zoned land. 

 

Conformity with the Comprehensive Plan:  The Comprehensive Plan designates both the PRD and the RA zoned properties as Rural Areas, emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options.  The loss of 2.45 acres of Rural Areas land to common open space in the neighboring Buck Mountain PRD and the boundary changes within the Buck Mountain PRD would not affect the existing uses of the land as open space, agricultural, and residential. 

 

STAFF COMMENT:

 

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

It is intended that Rural Areas District preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources.  With the proposed rezoning, the portion of Buck Mountain PRD Common Open Space relocated onto the two adjacent residential parcels would be replaced by an equal amount of land that is currently in the Rural Areas zoning district.  This RA parcel (TMP 17-26D) was part of the Buck Mountain PUD until 1990 (see History above).

 

The Planned Residential District is intended to encourage sensitivity toward the natural characteristics of the site and toward impact on the surrounding area in land development.  The PRD open space may serve varied uses such as recreation, protection of areas sensitive to development, buffering between dissimilar uses and preservation of agricultural activity.  The Buck Mountain Common Open Space would remain in place as a buffer between the Rural Areas parcel and the residential parcels within the PRD.


 

 

Public need and justification for the change:

Should the rezoning be approved, boundary adjustments would take place in the Buck Mountain PRD and the Common Open Space land would be replaced by an equal amount of land from the RA, with the additional benefit of closing the existing gap which would connect existing Common Open Space areas at junction of TMP 17-26B, TMP 17- 98 and TMP 17-60.

 

Anticipated impact on public facilities and services:

No additional demands on public facilities or services would be required with this rezoning.  No additional residential dwellings would result from this rezoning.

 

Anticipated impact on natural, cultural, and historic resources:

The proposed rezoning would not alter or affect the natural resources of this area.  There are no known cultural or historic resources at this location.  

 

SUMMARY:

Staff has identified the following factors favorable to this application:

1.       The Common Open Space land placed into residential lots would be replaced by an equal amount of land.

2.       Closing the existing gap in the Common Open Space at the junction of TMP 17-26B, TMP 17- 98 and TMP 17-60, thereby, connects two parts of the Common Open Space.

3.       No additional dwellings would result from this rezoning.

4.       The land removed from the Rural Areas zoning district would be used as open space for residents of the Buck Mountain PRD.

5.       No additional demands for public facilities or services would result from this rezoning.

 

Staff has not identified any factors unfavorable to this application.

 

RECOMMENDED ACTION:

Based on the findings contained in this staff report, staff recommends approval of Zoning Map Amendment (ZMA) 2006-17 and the request for modification from Section 19.6.1 of Section 19 Planned Residential Development (PRD) of the Zoning Ordinance to allow less than the minimum 25% common open space.

 

A Boundary Line Adjustment application would be reviewed separately from this application, should the ZMA 2006-17 be approved. 

ATTACHMENTS

 

Attachment A -- Property Line Adjustments Parcels 60, 61, 26D, and 115 of Tax Map 17 Prepared by Roudabush, Gale & Associates, Inc.,  dated August 9, 2006

 

Attachment B -- Application ZMA 2006-17 Buck Mountain PRD

 

Attachment C-- Letter from McCallum & Kudravetz, P.C., dated October 9, 2006 (Hand Delivery) RE: ZMA 2006-17 Buck Mountain PRD       (including Exhibit A, Exhibit B, Exhibit C through Exhibit D referenced in this letter)

 

Attachment D -- Letter from McCallum & Kudravetz, P.C., dated October 9, 2006, RE: ZMA 1990-23 Buck Mountain PRD ZMA 2006-17 Buck Mountain PRD (Waiver Request)

 

Attachment E -- ZMA 1990-23 Board of Supervisor action letter, minutes, and Resolution of Intent

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