HomeMy WebLinkAboutZMA199800017 Staff Report 1998-01-27STAFFPERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ZMA 98-17 Ashcroft Phase 6
Applicant's Proposal:
William D. Fritz, AICP
January 26,1998
February 17,1998
The applicant is proposing to rezone land adjacent to the existing Ashcroft subdivision to allow for the
creation of 20 lots between the power line which crosses the property and the Ashcroft development.
The proposed lots range in size from 0.918 acres to 1.182 acres. A single lot of approximately 17 acres
is proposed south of the power line adjacent to Hansen's Mountain Road. [The application plan lists 21
lots adjacent to the Ashcroft development. However, lot number one is actually part of the Ashcroft
development and is not subject to this rezoning. ]
Petition:
Petition to rezone approximately 37 acre from RA, Rural Areas to PRD, Planned Residential
Development. Property, described as Tax Map 78, Parcel 5 1 A is located on the north side of the 1-64
frontage road, F-179 (Hansen's Mountain Road) in the Rivanna Magisterial District. This site includes
area recommended for Neighborhood Density Residential (3 to 6 dwelling units per acre) in
Neighborhood 3 and area recommended for Rural Area.
Character of the Area:
This area is located on the entrance road to Ashcroft. A power line crosses the property. The area to the
south, east and west of the site is primarily open pasture with some wooded area and scattered
residences. Ashcroft is located north of and adjacent to this property.
RECOMMENDATION:
Staff has reviewed this request for compliance with the Comprehensive Plan and Zoning Ordinance and
recommends approval.
Plannine and Zonine History:
None available.
Comprehensive Plan:
This property is located on the boundary of the development area. Attachment C is a tax map which staff
has modified to show the Comprehensive Plan Land Use recommendations. The area adjacent to
Ashcroft, between the power line and Ashcroft, is shown as Rural Area. The area south of the power line
and adjacent to Hansen's Mountain Road is shown as Neighborhood Residential (3 to 6 dwelling units
per acre). The acreage of the parcel being proposed for rezoning is approximately 37 acres. Of this area,
approximately 20 acres is proposed to be divided into lots and 17 acres is proposed as a single lot.
The 20 acres proposed for division are located in the area adjacent to Ashcroft, between the power line
and Ashcroft which is shown as Rural Area in the Comprehensive Plan. The area proposed for a single
17 acre parcel is located in the area shown as Neighborhood Residential in the Comprehensive Plan.
Staff notes that within the area shown for Neighborhood Residential and adjacent to the property being
considered for rezoning is a property known as Locust Shade. Locust Shade is located at the intersection
of Hansen's Mountain Road and Lego Drive. This property has been surveyed and noted as potentially
register eligible.
On its face this request is for a rezoning to allow urban development in an area designated as Rural in the
Comprehensive Plan. However, the Comprehensive Plan is intended as a guide to development which
allows for some interpretation in individual instances. Staff has identified factors which offset the
apparent inconsistency of this application with the Comprehensive Plan.
The proposed development of the property, as shown on the attached application plan, essentially retains
the same amount of Rural and Development Area acreage. [Development Area acreage is increased by
approximately 3 acres.] The application plan essentially transposes the land use recommendations north
and south of the power line as it crosses this property. Typically staff would recommend a
Comprehensive Plan amendment for such a change. However, in this case staff does not recommend
review of an amendment due to the small area under consideration. [Staff does recommend that should
this rezoning be approved the Comprehensive Plan should reflect the rezoning action when it is next
updated.] Staff would be able to support a Comprehensive Plan amendment which resulted in a land use
pattern requested by the applicant due to the following factors:
I. The distribution of lots as proposed by the applicant essentially allows the lots to become part of
and appear to be a part of the existing Ashcroft development.
2. The lot sizes proposed for the smaller lots are consistent with the adjacent lot sizes in Ashcroft.
The single 17 acre parcel proposed south of the power line is consistent with the lot sizes south
of the power line and east of Lego Drive.
3. Retention of a single large parcel south of the power line will tend to have less of an impact on a
Locust Shade which has been surveyed and noted as potentially register eligible.
4. Retention of a Rural Area at the intersection, as opposed to a subdivision at the intersection on
Hansen's Mountain Road and Lego Drive will help to preserve the rural character of the area
including the entrance to Ashcroft and areas on Hansen's Mountain Road east of Lego Drive.
5. If the area south of the power line were to be developed in accordance with the existing
Comprehensive Plan (3 to 6 dwelling units per acre) it would likely be difficult to justify
retention of a Rural Area between such a development and the existing Ashcroft development.
6. The area south of the power line can be reasonably used for agriculture based on its size and an
analysis of the soils on the property.
Staff opinion is that swapping the designations north and south of the power line results in a more
orderly pattern of development and a pattern which is more consistent with the overall goals of the
County. Therefore, staff does not find this rezoning request to be inconsistent with the intent of the
Comprehensive Plan, although it does not follow the boundaries of the Land Use Plan.
The density of the area proposed for development is approximately I unit per acre which is below the
density level recommended for Neighborhood Density in the Comprehensive Plan. [The density of the
entire proposed development is 0.6 dwelling units per acre. Rural Area density is a maximum of 0.5
dwelling units per acre based on a 2 acre minimum lot size.] As the Board is aware, the Comprehensive
Plan supports rezoning to the upper end of the density range where possible and practicable. This area is
bounded on three sides by areas designated as Rural in the Comprehensive Plan. Rezoning to a density
of 3 to 6 units per acre would not provide for a transition from the Development Area to the Rural Area.
In addition, the existing transportation infrastructure of the area cannot accommodate a significant
increase in the number of dwellings accessing Route 250 from Hansen's Mountain Road. Development
of the area at a higher density than proposed would also be inconsistent with the existing and expected
character of the area.
Based on the above analysis staff opinion is that this request is consistent with the Comprehensive Plan.
STAFF COMMENT:
Section 8.5.4 of the zoning ordinance contains the review requirements for planned developments. Staff
will provide comment on each provision.
8.5.4 PLANNING COMMISSION RECOMMENDATIONS TO THE BOARD OF SUPERVISORS
At such time as further conferences appear unnecessary, or at any time on request of the
applicant, the commission shall proceed to prepare its recommendations to the board of
supervisors. The date of the commission's determination to proceed, or of the applicant's
request for preparation of recommendations, shall be deemed the formal date of submission
of the application. Specifically, recommendations of the commission shall include findings as
to:
a. The suitability of the tract for the general type of PD district proposed in terms of:
relation to the comprehensive plan; physical characteristics of the land; and its relation
to surrounding area;
Staff has previously commented that this proposal is consistent with the intent of the
comprehensive plan and the surrounding area. The physical characteristics of the land present
no significant issues in the development of the property. Therefore, staff opinion is that this
application is consistent with this provision.
b. Relation to major roads, utilities, public facilities and services;
The Virginia Department of Transportation has reviewed and commented on this request.
[Attachment E] Based on the comments of VDOT the existing transportation infrastructure can
accommodate the proposed development. The property is currently not in the jurisdictional area
for water and sewer and the applicant will have to file a jurisdictional boundary request for
inclusion of this land prior to approval of the final plats. The applicant proposes use of public
water only. Adequate water supply is available in the system to accommodate the proposed lots.
Staff opinion is that this application is consistent with this provision.
c. Adequacy of evidence on unified control and suitability of any proposed agreements,
contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other
instruments, or the need for such instruments or for amendments in those proposed; and
The applicant has met this requirement. The parcel is under a single ownership.
3
d. Specific modifications in PD or general regulations as applied to the particular case, based
on determination that such modifications are necessary or justified by demonstration that
the public purposes of PD or general regulations as applied would be satisfied to at least
an equivalent degree by such modifications.
No modifications are being requested.
Based on such findings, the commission shall recommend approval of the PD amendment as
proposed, approval conditioned upon stipulated modifications, or disapproval.
Staff opinion is that the applicant's proposal is consistent with the provisions of the zoning
ordinance and the Comprehensive Plan. Staff has not identified any conditions, amendments or
modifications which should be applied to this application.
SUMMARY:
The area included in this rezoning is on the boundary of the development area. Staff has recommended
that while this proposal is not consistent with the boundaries and recommended land uses of the Land
Use Plan it is consistent with the intent of the Comprehensive Plan. Review of the provisions of Section
8.5.4 has allowed staff to determine that this rezoning request is consistent with the provisions of the
zoning ordinance.
RECOMMENDED ACTION:
Based on the analysis of this project for compliance with Section 8.5.4 and review of the Comprehensive
Plan staff recommends approval of this request. The application plan which is attached to this report
limits the development of the property and, therefore, no other proffers or agreements are recommended
by staff.
ATTACHMENTS:
A - Location Map
B - Tax Map
C — Tax Map showing Comprehensive Plan boundary
D - Application Plan
E — VDOT Comments
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ATTACHMENT B
ALBEMARLE COUNTY
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...� ..... SCOTTSVILLE AND
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Owners Approval
A The subdivision of the land described is with
F the free consent of and in accordance with the
Wdesires of the undersigned owners, trustees, or
Proprietors . Any reference to future potential
x development is to be deemed as theoretical only.
U All statements affixed to this plat are true and
d correct to the best of my knowledge.
F
F
d
R. L. Beyer
Date
To witness the forgoing instrument was acknowledged
before me this day of
My commission expires / /
RECENTPI
JAPE 1 4 1-.
Planning Dept
Slalefnenl .Of Tille
The land shown was obtained by Liberty Land Ltd,
DR 1715-490 and to the best of my knowledge
meets all the requirements regarding the
platting of subdivisions.
Bryan J Chambers Date
County Approval
Chairperson Alb. Planning Comm. Date
Desig. Agent, Board Of ,Supervisors Date
Albemarle County
The land use regulations listed/described herein are imposed pursuent to The Albemarle
CounO Zoning Ordinance in effect this dale and are Rol restrictive covenants running
with The land and the;� appearance on this plat is not intended to impose them as such.
Notes.
I. Source of title: DB 1715-492
2 This parcel is not in a flood plain per Flood Insurance Rate Map Communi(y Panel No, 510006 0245B for Albemarle Coun(y.
3. Application is made for this parcel to be zoned PRD.
4. This parcel may not be further divided without planning commision approval
5 Iron markers are at all corners unless otherwise noted
6 Proposed minimum building setbacks are 15' front, 10' sides, 15' rear, and 25' from Lego Drive.
7 The septic setback is 50' from all streams
8. Proposed Land Use: ?0.542 acres for single family residences (Lots 1-21), Iv'884 acres for open space (Lot 22)
Dwelling Types Brick or frame homes Densi(v: / DU/0.98 Acres
9. Lots 18 through 21, which are double frontage lots, will require screening consistent with Chapt. 18 Sect. 32.7.9.8 (4) of The
Albemarle Coun(y Code.
10. Culpeper Branch is not a perennial stream where it adjoins Lots 4, 5, 6, 13, & 14. A stream buffer of 100 feel as noted in
Section 17-317 of the Albemarle Coun(y Code is not required
11. All access will be limited to The proposed internal public roads except for Lot 22 and Lot C which may access the existing
public roads directly.
12.. Hatched areas of lopographv indicate s/opes greater than 257
NO. DELTA RADIUS ARC TANGENT C.BEARING CHORD NO. BEARING DISTANCE
1
2
3�41'02"
12022'14"
1587.02'
440.00'
102.04'
95.00'
51.04' N82012'47"W
47.69' S07'03'18"W
102.02'
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432047'01"E
19.47'
3
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0
440.00'
105.41'
52.96' S05059'37"E
94.82'
105.16,
AB
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63.12'
4
5
11 18'30"
380.00'
75.00'
37.62' S07' 12' 10"E
74.88'
AC
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170.04'
6
15029'29"
380.00'
102.74'
51.69' S0601 1'50"W
102.43'
AD
N 18'46' 18"E
129.36'
7
10014'42"
13042'17"
817.10'
389.21'
146.10'
73.25' S08049'14"W
145.91'
AE
AF
N 18000'35"E
N16041'23"E
89.07'
83.55'
8
7°42'51"
697.00'
93.10,
93.84'
46.77' S10-33'02"W
46,99' N62027'07"E
92.87'
AG
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67.85'
9
10
1032'45"
697.00'
18.81'
9.40' N67004'55"E
93.77'
18.81'
AH
N14021'42"E
52.95'
11
9017'18"
6-58'03"
697.00'
325.00'
112.99'
56.62' N72029'56"E
112.87'
Al
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N16049'40"E
N20038'22"E
54.86'
92.19'
12
7035'13"
325.00'
39.52'
43.04'
19,79, S89-17'40"E
21.55' N83-25'42"E
39,50'
13
15029'20"
325.00'
87.86'
44.20' N71053'26"E
43.00'
87.59'
AL
N07010'23"E
139.21''
14
15
6014'39"
1 032'36"
325.00'
645.00'
35.42'
17.73' N61001'26"E
35.40'
AM
AN
N06006'03"E
N00053'05"E
66.61,
21.80'
16
7039'12"
645.00'
17.37'
86.16'
8.69' N58040'25"E
43.14' N63016'19"E
17.37'
AO
N05'54'57"E
49.94'
17
18
10*02'41"
645.00'
113.08'
56.68' N72007'15"E
86.09'
112.93'
AP
N01'50'52"E
80.25'
19
12055'00"
3016'08"
475.00'
475.00'
107.08'
53.77' S06'23'55"E
106.86'
AQ
AR
N08007'07"E
N05936'04"E
62.17'
20
10*36'51"
475.00'
27.10'
87.99'
13.55' S01041'39"W
44.12' S08038'09"W
27.10'
AS
NO3-47'31"W
139.75'
152.32'
87.87'
AT
1\105�37'03"E
32.51'
NO.
BEARING DISTANCE
AU
S84025'59"W
8.43'
B P
S32059'13"W
43.87'
AV
N18058'18"E
33.39'
BQ
S02'26'37"W
136.23'
AW
N01'45'14"E
98.28'
BR
BS
S29034'08"W
S01^45'14"W
47.96'
AX
AY
N29*34'08"E
N02026'37"E
48.02'
136.54'
BT
S18058'18"W
97.32'
19.35'
AZ
N32059'1WE
44.87'
SU
N84025'59"E
5.04'
BA
N13`23'25"E
58.56'
BV
S05'37'03"W
20.84'
BB
BC
N10`55'39"E
N18022'14"E
87.35'
BWN58035'41"E
BX
N58035'41"E
23.49'
36.86'
NORTH
BD
BE
N12048'10"E
40.00'
66.56'
BY
N77008'35"E
25.00'
BF
N29-41'03"E
58.54'
BZ
CA
S85048'39"E
60.36'
BG
N30047'37"E
N22-14'05"E
32.49'
8.33'
CB
N77'08'35"E
S13056'34"W
25.00'
60.36'
BH
S22014'05"W
6,50'
BI
S30047'37"W
33.14'
BJ
S29041'03"W
56,95'
Plat Showing Subdivision of
BK
S12048'10"W
65.56'
Tax Map
76 Parce] 51A
Culpeper
BL
S18022'14"W
5.00'
Located
Near Shadwell,
Albemarle County, Va.
Branch
BM
BN
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86.92'
Property Of
Frontage Road
BO
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LibertyLand
Ltd.
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Scale: I"
= 100; Date: 6129198 Revs-
8/16/9t?�
121281.98
10/30/98
4250
Bryan Chambers & Assoc. - Land Surveying
64Vicinity
Sketch
Located
in Court Square
Palmyra (804) 589-5139
Scale:
1" =
2000'
Mailing Address: Rt 1 Box 68, Fork
Union, Va.
23055
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Tax Map 78 Parcel 51A NQ �H
Located Near Shadwell, Albemarle County, Va.
Property Oi
Liberty Land Ltd.
Scale: 1" = 100 Date: 6129198 Revs: 8116198, 10/30/98, 12128198
Bryan Chambers & Assoc. - Land Surveying
Located in Court Square Palmyra (804) 589-5139
Mailing Address: Rt I Box 68, Fork Union, Va. 23055
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This boundary was based on a
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established La.w. physical ev-
idence, deed descriptions, and
recorded plats. There are some
minor inconsistencies between
Wm. Roudabush's plat of Lego
Drive, and Thomas Blue's plat of
TM 78-51A which resulted in a
shorter length for curve (2) and
slightly different intersection
lengths for the NE corner of
TM 78-51 B. Also see notes
above on the north boundary.
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U N �� J; ;N Lot 7 -0 ; Tele. Line ' N'W M CO ,� �N1 1 W Q 1
U , "� Ca' ;%h Proposed cn, �_1:r� soo
Q i Building Setback o"I,
"' Water Line ;
a d d Lines. See Note 6 N%
V Cl) ei 600
h Pagel
(W.L.)
L( �y 15" Culvert
q00 Lot \
A v CIO o \
1`;1NW cD ° r
CO C
; ' 2� 41
Z +� W ;t9 W; ; ( cai
41 N; ';N coo o N;CP
d q a68'p.2g ro„r in; %Z C:) c7!; ; ; ; ( to 2•
p01_ 1 HMO
Q apl Lot 13
40226 S.F. `, --- ; ;y-���' \6l
\ -gV N89`29I WE ( - - 5�aEase•J �1Q1 ; Lot 21 P----.------------ ------ 13> "_\ 42679 S.F. >
284.56' Z (11) (12) _ - 0.980 Ac.
Lot 14
(
;,A40000 S.F.-'' J ; 1� .� ;pl 221 836"E l
t 0.918 Ac. I ! �� > rnl N�7 Q__---- 1
I. (0; !m Lot 16 2y._---' N 1
cvl ;9 h c 10 42570 S.F. 'l
I
\ N; ,0 rC �; ;N 0.977 Ac. ;0170 ^ i
y
Lot 20
` \ ; V o CO Co 9ma 0 II soo
I° moo Wi �I 140371 S.F. 1
y ;� z\^ �; S8p 2i,-_- Nib ;
`�`� \ `� ; d' J I r 2,§ J(p I\ 0.927 Ac. , A
Q o y `woods ��: ! 2oi.4g:--- - 1 1-- Pasture
° \ �\'�.A ��� v; \ i i t -- Gate
I 1 I J--
L m ```' In i - 1 9) --------------------------
I------ -- --- -- - -
C `. \ �\ \ `@, ```. ' r Lot 17 I I NSS"28'17"E
\ A \ > Zf 237.15'
51475 S.F. ,
Q at 500 \\ O `\ i :° 1. 182 Ac. �I I
° \ -y. ��!N , d Lot 19 ;
U o ° �` s'S \\ `��, 1 ;'�' j 142506 S.F. i
4-'- \\ L `\ %¢1 0.976 Ac. I
r d�
U �\ `\ OS O`, rya _ _ 23-
'0 \ 7j• \ O.. Otis; 4'2a' '-
c Lot 22 QO \ 's \ oa ( 1 N �
(V I- 779018 S.F. s' °'% ' 4
17.884 Ac. @ \ cg \ ; v0 A Lot 18 1 6a
40126 S.F. ; cO Oj N
O
0.921 Ac. o t\ b
Cb
Liberty Land Ltd. °� `� 00 � 23 pa, 'E zy rn
DB 1715-492 °^� `\ `� 15, WooyS h
DB 434-475 Plat 15 ` \ -' rq
Ref: DB 944-740 °S �\ �\ ! CQ' y'
& DB 944-755 Th. 758 Plat �\ `\ `fir\
TM 78-51A \`\ ``� I M
39.115 Acres I
\\ \\ �Q�
+ 1.31 1 Acres (Pars W Th. Z) M
``, \\ �\ � •� �
-2.000 Acres (Lot C)
38.426 Acres Total
\
Plat Showing Subdivision of
Tax Map 76 Parcel 51A `
Located Near Shadwell, Albemar/e County, Va. X `
Property Of
Liberty Land Ltd,
100; Date: 6129198 Revs: 6/16/98, 10/30/98, 12/28/98
Bryan Chambers & Assoc. - Land Surveying
Located in Court Square Palmyra (804) 589-5139
Mailing Address. Rt 1 Box 68, Fork Union, Va. 23055
Sheet 3 Of 4
21a
COMMONWEALTH of VIRGINIA
DAVID R. GEHR
COMMISSIONER
Mr. William D. Fritz
Dept. of Planning &
Community Development
401 McIntire Road
Charlottesville, VA. 22902
Dear Mr. Fritz:
DEPARTMENT OF TRANSPORTATION
P. O. BOX 2013
CHARLOTESVILLE, 22902-2013
November 12, 1998
ZMA-98-17
Ashcroft Phase 6
ATTACHMENT E
I.!+J I (,
A.G.TUCKER
RESIDENT ENGINEER
We reviewed Mr. Beyers traffic numbers and time of delay shown and though this
may be less than a professional report, we do not anticipate the development of 23
lots will make any sizable difference. It appears that after the A.M. peak hour
that 80* of the traffic turns right out of the frontage road, which is the easiest
movement to make.
The A.M. peak hour only showed a couple of movements that were beyond a Level
of Service D. The signals at I-64 should provide gaps for traffic to enter Route
250 from the frontage road. The P.M. peak hour traffic does not reflect any
problem with left turn movements.
If you have any questions, please advise.
HWM/ldw
Cc: J. H. Kesterson
Irtr y,
I�fY11S
Assistant Resident Engineer
TRANSPORTATION FOR THE 21ST CENTURY