COUNTY OF ALBEMARLE
SP-2007-10 Cutright Development Right
Acquire two additional development rights; one to be used as residential and one to be given to the North Garden Volunteer Fire Department
Messrs. Tucker, Foley, Davis, Graham, and Cilimberg; Ms. McDowell
LEGAL REVIEW: YES
December 5, 2007
ACTION: X INFORMATION:
On June 19, 2007, the Planning Commission recommended denial of SP 2007-10, based on the finding that the request did not comply with provisions of Section 10.5.2.1 of the Zoning Ordinance, particularly as regards the creation of additional development rights in the Rural Area. The staff report is attached as reference (Attachment I).
The special use permit to grant the applicant two additional development rights was considered by the Board of Supervisors on July 11, 2007. George Stephens, Fire Chief of the North Garden Volunteer Fire Company (NGVFC), informed the Board that the Fire Company had been given permission by the owners to access the existing dry hydrant and pond and to use the front portion of the property for training and for community activities for many years. The donation of an approximately 4.62-acre portion of the parcel fronting Route 29 would ensure the continuation of these uses. The County Attorney advised the Board that the County would not be able to make certain that the donation would occur until an agreement between Mrs. Cutright and the NGVFC assuring the donation had been executed and signed. The Board indicated that it could approve the special use permit if the owner/applicant and the North Garden Volunteer Fire Company provided the signed written agreement to the County. The Board also directed staff to prepare appropriate conditions of approval for the special use permit.
Goal 4: Effectively Manage Growth and Development
The existing 9.62 acre parcel has been proposed to be subdivided, as follows:
· 2 - acre parcel would be created for the existing house
· 3 - acre parcel would be created for a new residence
· 4.62 – acre parcel (the “Residue” ) to be donated to the North Garden Volunteer Fire Department
Mrs. Cutright and the North Garden Volunteer Fire Company have reached agreement and the Agreement is attached for reference (Attachment II).
No budget impact is anticipated.
Staff and the Planning Commission had recommended denial of SP 2007-10 Cutright Division Right, based on the findings contained in the staff report dated June 19, 2007 (Attachment I). As discussed above, at its public hearing on July 11, 2007, the Board indicated that it could approve the special use permit if the owner/applicant and the North Garden Volunteer Fire Company provided a signed written agreement to the County assuring the donation. This agreement has
been executed (see Attachment II) and, if the Board decides to approve the special use permit, staff recommends the following conditions:
1. TMP 08800-00-00-006A1 may be subdivided, if at all, only into three parcels, as follows:
a. One 2-acre parcel for the existing house;
b. One 3-acre parcel for a new single family dwelling; and
c. One 4.62-acre parcel to be donated to the North Garden Volunteer Fire Company, per the Agreement between The Cutright Family Trust, Patsie Cutright, Trustee and the North Garden Volunteer Fire Company, Inc., dated September 27, 2007.
2. The two development rights granted by SP 2007-10 may be used only if TMP 08800-00-00-006A1 is subdivided as provided in Condition 1, and the development rights shall be assigned by the subdivision plat as follows:
a. One development right shall be assigned to the 3-acre parcel.
b. One development right shall be assigned to the 4.62-acre parcel.
3. The 4.62-acre parcel shall not be used for residential purposes, and no permanent structures may be established on the parcel.
4. Neither the Owner nor her successor in interest shall request that a building permit be issued for any structure on the 3-acre parcel unless and until the North Garden Volunteer Fire Company accepts the deed conveying the 4.62-acre parcel to it.
5. The 3-acre parcel is referred to as such in these conditions because existing records establish that TMP 08800-00-00-006A1 is 9.62 acres and the Owner desires to create three parcels that are 2-acres, 3-acres and 4.62 acres in size. If a survey establishes that TMP 08800-00-00-006A1 is less than 9.62 acres, the size of the parcel described in these conditions as the 3-acre parcel shall be correspondingly reduced, provided that it is not reduced below 2-acres in size.
Attachment I June 19, 2007, Planning Commission Staff Report
Attachment II Agreement between the Cutright Family Trust, Patsie Cutright
Trustee, and North Garden Fire Company dated September 27, 2007 and signed
October 1, 2007
View PC minutes of June 5 and June 19, 2007
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