HomeMy WebLinkAboutSUB200500275 Executive Summary 2005-11-15COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB -05 -275: High View
Subdivision
SUBJECT /PROPOSAL /REQUEST: Request,
pursuant to Chapter 18, Sec. 10.3.3.2, to create 11 lots
in the rural areas using the rural preservation
development option.
STAFF CONTACT(S): David Pennock
AGENDA DATE: November 15, 2005
ITEM NUMBER:
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: WDF, AGM
APPLICANT /CONTRACT PURCHASER: Michael Lane
PROPERTY OWNER: Richard T. Harry
BACKGROUND: The subject parcels, Tax Map 105 - Parcels 20E3, 20E4, and 20E5, as well as Tax Map 116 — Parcel 4,
contain approximately 94.29 acres and are located in the Scottsville Magisterial District (Attachment A). The property is
on Martin Kings Road [Route #618] at its intersection with Nahor Road [Private] and is zoned Rural Areas (RA)
(Attachment B). The Comprehensive Plan designates this property for Rural Area uses in Rural Area 4. This request is
submitted for review based on the requirements of Chapter 18, Section 10.3.3.2.
DISCUSSION: There have been several previous divisions of Tax Map 105 — Parcel 20E. Five lots were created, each
using one development right, while the residue parcel retained 23 acres. The adjacent parcel, Tax Map 116 — Parcel 4, is
53.140 acres and has five development rights. Theoretically, it could be divided into two parcels of 21 acres each and five
parcels as small as two acres, for a total of seven lots. With this proposal, three of the previously created lots and the
remainder of Tax Map 105 — Parcel 20E are to be combined with all of Tax Map 116 — Parcel 4. The aggregate parcel thus
contains eleven potential by -right lots. The two remaining parcels that were previously created through divisions of Tax
Map 105 - Parcel 20E were created prior to the establishment of the Rural Preservation District option in 1989. Thus, this
proposal does not represent mixing of conventional development and rural preservation development, which would
otherwise be prohibited.
The proposal is for a rural preservation development to create eleven lots as regulated by the design standards expressed in
the Zoning Ordinance (Attachment Q. Pursuant to Chapter 18, Section 10.3.3.2:
In accordance with design standards of the comprehensive plan and where deemed reasonably practical by the
commission:
d. Development lots shall not encroach into prime, important or unique agricultural or forestal soils as the
same shall be shown on the most recent published maps of the United States Department of Agricultural Soil
Conservation Service or other source deemed of equivalent reliability by the Soil Conservation Service;
The development lots in this proposal do encroach on the main area of prime and locally- important soils.
However, staff and the applicants discussed this design approach, and agreed that protecting the area that is
currently in farm use and placing the development lots in what is now an immature forestry plantation was a
better approach to conserving a portion of this land. The area currently in use as a farm is almost entirely within
the boundaries of the proposed preservation lot.
e. Development lots shall not encroach into areas of critical slope or flood plain and shall be situated as far as
possible from public drinking water supply tributaries and public drinking water supply impoundments;
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There are no floodplains or large areas of critical slopes on this land, and the land is not located in a public
drinking water supply watershed. The design would be improved if more of the wooded stream buffer located
on lots 3 through 7 in this proposal were added to the preservation tract.
f. Development lots shall be so situated and arranged as to preserve historic and scenic settings deemed to
be of importance to the general public and natural resource areas whether such features are on the parcel to
be developed or adjacent to such parcel;
The proposal does not impact any designated natural resource areas. This should not be taken to mean that
the project has no natural- resource impacts; only that current data sources do not show sites of special
interest in this area.
g. Development lots shall be confined to one area of the parcel and shall be situated so that no portion of the
rural preservation tract shall intrude between any development lots;
The proposal meets this standard.
h. All development lots shall have access restricted to an internal street in accordance with Chapter 14 of
the Code of Albemarle;
The proposal meets this standard.
i. Nothing stated herein shall be deemed to obligate the commission to approve a rural preservation
development upon finding in a particular case that such proposal does not forward the purposes of rural
preservation development as set forth hereinabove and that the public purpose to be served would be equally
or better served by conventional development.
Staff is of the opinion that the public purpose would be better served by a rural preservation development on
this site than by a conventional subdivision.
RECOMMENDATION: Staff recommends approval of the above request
Attachments:
A - Location Map
B - Tax Map
C - Layout of proposed subdivision
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