HomeMy WebLinkAboutZMA200700025 Staff Report 2008-03-25COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: ZMA 2007-00025 Wavertree Hall
Staff. Scott Clark
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: TBD
April 1, 2008
Owner/s: Wavertree Hall LLC
Applicant: Wavertree Hall LLC
Acreage: 145.33 acres
Zoning Map Amendment for: Rezoning
from PRD Planned Residential Development
to RA Rural Areas
TMP: Tax Map 70 Parcel 39
Existing Zoning and By -right use: PRD Planned
Location: Plank Road (Route 692), approximately
Residential District — residential (3 — 34 units/acre)
0.75 miles west of the intersection with Dick Woods
with limited commercial uses
Road (Route 637).
Magisterial District: White Hall
Conditions or Proffers: Yes
RA (Rural Areas)
Requested # of Dwelling Units: Four (three houses,
one dwelling in the equestrian facilities)
Proposal: Rezone 145.33 acres from PRD to RA.
Comprehensive Plan Designation:
Rural Areas
Character of Property: Large rural estate with
Use of Surrounding Properties: Residential,
historic dwelling, equestrian facilities. Mostly open
agriculture, forestry, open space
pasture, with some deciduous woods. The property
is under a conservation easement held by the
Virginia Outdoors Foundation.
Factors Favorable:
Factors Unfavorable:
1. The requested zoning is consistent with the
1. Reduced tax revenue for the County could
Comprehensive Plan.
result through eligibility for use -value taxation
2. The property is protected by a conservation
easement that limits development potential.
3. Access to open space for the PRD residents
will not change.
4. The rezoning would make the subject parcel
eligible for the same tax rates available to
other similar farms in the Rural Areas.
RECOMMENDATION: Staff recommends approval of this Zoning Map Amendment, with proffers.
PETITION
PROPOSAL: Rezone 145.33 acres from PRD Planned Residential District zoning district which allows residential
use (3 - 34 units/acre) with limited commercial uses to RA Rural Areas; residential density (0.5 unit/acre) zoning
district which allows agricultural, forestal, and fishery uses and 0.5 unit/acre.
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: Plank Road (Route 692), approximately 0.75 miles west of the intersection with Dick Woods Road
(Route 637).
TAX MAP/PARCEL: Tax Map 70 Parcel 39
CHARACTER OF THE AREA
The surrounding area is rural, with large residential lots near the subject property and larger rural parcels nearby.
Landcover is a mixture of open pasture and woods.
The property mirrors this pattern, being largely open, with some woods. The main residence on the property is
Wavertree Farm, also known as Bellevue, which was built in 1859 and modified in the early 20th century. The
property also includes several outbuildings, including a one-story log building formerly used to house slaves held on
the site.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicants wish to rezone the property to RA Rural Areas to qualify for use -value taxation. Properties in planned -
development districts do not qualify for use -value taxation, even if they are in agricultural, forestal, or conservation
use.
PLANNING AND ZONING HISTORY
ZMA 78-09: On August 2, 1978, the Board of Supervisors approved the rezoning of 236.54 acres from A-1
Agricultural to Rural Planned Neighborhood RPN/A-1, a planned -development district, with conditions. The portion
of the property included in the current rezoning request was approved for the three existing dwellings (the historic
house could be converted to 7 multi -family units), plus a 6 -unit multifamily dwelling in a converted barn and a 400 -
seat meeting facility for the planned -district residents. That land was also intended to be used for farming, and to
provide trails for the residents of the RPN district.
ZMA 79-01: On February 21, 1979, the Board of Supervisors approved this amendment to ZMA 78-09, which (1)
altered a condition of that rezoning so as to not prevent construction of a meeting facility before staff approval of a
"tot lot," and (2) to permit recordation of pedestrian easements linking residential areas in lieu of construction of
pedestrian trails.
ZMA 79-02: This was a request to rezone the RPN district created by ZMA 78-09 back to A-1, thus increasing the
number of possible dwellings from 42 to 118 and the agricultural acreage from 153 to zero. After ZMA 79-01 was
approved, the applicants withdrew this application.
ZMA 83-07: This amendment to the previous rezonings on the property would have added an approval to construct an
inn and restaurant within the RPN. The application was withdrawn; the applicants cited difficulties with timing and
financing.
SP 83-38: In conjunction with ZMA 83-07, a request for approval of a restaurant and inn. The application was
ZMA 07-25 Wavertree Hall
PC 4-1-08
withdrawn; the applicants cited difficulties with timing and financing.
SP 83-39: A request for an office for the landowner's engineering -consulting office on the RPN property. The
application was withdrawn; the applicants cited difficulties with timing and financing.
RPN zoning designations were replaced by the current PRD Planned Residential Development designation as part of
the comprehensive rezoning of 1980.
The property subject to this rezoning is under a conservation easement held by the Virginia Outdoors Foundation. The
deed of easement limits the property to four dwellings (Wavertree Hall, two other existing houses, and a yet -unbuilt
unit in the equestrian facilities). Some of the facilities otherwise permitted under the existing PRD zoning—the
multifamily conversion of a barn and the meeting facility—are not permitted under the easement. Many farm and
estate structures are also permitted.
History of Wavertree Hall Farm Development Potential (subject parcel only)
Action
Development Potential
Units Built
(dwelling units)
Single-
Multi-
family
family
Original A-1 Zoning
72*
0
3
ZMA 78-09,79-01
3
14
3
(existing zoning)
Conservation
4
0
3
Easement
Existing Zoning +
3
1
3
Conservation
Easement
ZMA 07-25
4
0
3
(current request)
* Theoretical – did not yet exist as a separate parcel
SPECIFICS OF THE PROPOSAL
The property covered by this request currently functions through an access easement as the open space for the larger
PRD (in the form of trails and paths). The request is to rezone only this portion of the PRD to RA Rural Areas.
The combination of the existing zoning and the terms of the conservation easement define the property's development
potential. Without the easement, rezoning this property to RA would actually increase the development potential.
However, with the permanent easement and the proposed proffers, the development potential is limited to four single-
family dwelling units (three of which exist already). The 14 multi -family units and meeting facility currently not
permitted under the conservation easement would also not be permitted under the new zoning. The fourth unit
permitted by the conservation easement would be located within the farm's equestrian facilities. The County would
consider this unit to be a single-family dwelling.
The proposed proffers also clarify that the open -space amenities on this parcel would remain available to the residents
of the remaining PRD -zoned parcels. These amenities have always been provided on private property, rather than a
dedicated open -space parcel. Therefore no change in the available open -space area or amenities would occur as a
result of the rezoning.
ZMA 07-25 Wavertree Hall
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CONFORMITY WITH THE COMPREHENSIVE PLAN
Rural Areas
The Rural Areas Plan focuses on maintaining agriculture, forestry, and conservation as preferred land uses, and on
protection of the following defining features of the Rural Areas:
Agriculture
Forestry resources
Land Preservation
Land Conservation
Water supply resources
Natural resources
Scenic resources
Historical, archeological and cultural resources
Natural Resources & Cultural Assets Plan
This protected land assists in the protection of the following important resources from this chapter of the
Comprehensive Plan:
Water resources (through prevention of residential development)
Agricultural and forestry resources
Scenic resources (through maintaining agricultural use of the property)
Historic resources
As the land uses already permitted under the conservation easement support these policies, the rezoning to RA (with
proffers) would not change this property's conformity with the Comprehensive Plan.
STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning district:
The purposes of the RA Rural Areas zoning district are:
Preservation of agricultural and forestal lands and activities;
Under the terms of the conservation easement and the proposed proffers, these 145 acres would remain
rural and agricultural in character. The re -zoning assures that if the terms of this easement were for some
reason to become less restrictive, the zoning would retain the current easement restrictions on permitted
structures.
Water supply protection;
Limiting residential development (with the existing conservation easement and proposed proffers) in the
Rural Areas portion of the South Fork Rivanna Reservoir watershed is consistent with this purpose.
Limiting residential development can also protect groundwater supplies for existing dwellings in the
surrounding area.
Limited service delivery to the rural areas; and
ZMA 07-25 Wavertree Hall
PC 4-1-08 4
Increases in service demand associated with this re -zoning are insignificant.
Conservation of natural, scenic, and historic resources.
The rural and historic nature of this land is already protected by the conservation easement. The proposed
rezoning and proffers would assure the level of protection is maintained.
Public need and justification for the change: RA zoning is appropriate for this propertyunder the Comprehensive Plan.
While the change in zoning assures restrictions on this property in keeping with the Comprehensive Plan, it should be
noted that the change could mean a reduction in tax revenue for the County through eligibility for use -value taxation. This
tax rate is already available to many similar farms in the Rural Areas, but is not available to the subject property due to its
PRD zoning.
Anticipated impact on public facilities and services: As the use of the property would not change, and the
proposed proffers would prevent any further residential development beyond that permitted in the existing
conservation easement, no significant new impacts are expected.
PROFFERS
Proffers are included in Attachment C. The County Attorney's office has reviewed these proffers and found them
satisfactory.
SUMMARY
Staff has identified the following factors that are favorable to this rezoning request:
1. The requested zoning is consistent with the Comprehensive Plan.
2. The property is protected by a conservation easement that limits development potential.
3. Access to open space for the PRD residents will not change.
4. The rezoning would make the subject parcel eligible for the same tax rates available to other similar farms in
the Rural Areas.
Staff has identified the following factor that is unfavorable to this rezoning request:
1. Reduced tax revenue for the County could result through eligibility for use -value taxation
RECOMMENDATION
On balance, staff believes that re -zoning this property to RA with proffers to reflect and further assure the restrictions
under the conservation easement is preferable to retaining the existing zoning. Staff recommends approval of this
rezoning subject to the attached proffers (see Attachment Q.
ATTACHMENTS
A. Location Map and Detail Map
B. Wavertree Hall PRD Map
C. Proposed Proffers for ZMA 07-25
ZMA 07-25 Wavertree Hall
PC 4-1-08
ZMA 07-25 Wavertree Hall
PC 4-1-08
Attachment B
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ZMA 2007-25
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Original Proffers X
Amendment
PROFFER STATEMENT
ZMA No. ZMA 2007-00025
Tax Map and Parcel Number(s): 07000-00-00-03900
Owner(s) of Record: Wavertree Hall LLC
Date of Proffer Signature:
145.33 acres to be rezoned from PRD Planned Unit Development to RA Rural Areas
Wavertree Hall LLC is the owner (the "Owner") of Tax Map and Parcel Number 07000-00-00-03900 (the
"Property") which is the subject of rezoning application ZMA No. ZMA 2007-00025, a project known as
"Wavertree Hall" (the "Project").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the
conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above.
These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are
reasonable.
1. There shall be no more than four single-family dwellings on the property. Other structures permitted by right in the
Rural Areas zoning district, and structures that are accessory to a permitted use in the Rural Areas zoning district, are
also permitted on the property. The property may be subdivided or partitioned into not more than two parcels.
2. The property subject to this rezoning shall remain as "common area" for the benefit and use of the residents of
Wavertree Hall Subdivision. The amenities, as they may exist within the subject property, shall also remain and be
maintained so that they are available for use by the residents of Wavertree Hall Subdivision. These amenities consist
of a twenty (20) foot walkway easement and a bark mulch path within a ten (10) foot walkway easement, both as
shown on the "Physical Survey Showing 145.33 Acres of Land -A Portion of Wavertree Hall Farm," prepared by Wm.
Morris Foster, dated June 5, 1987, recorded in Deed Book 950, pages 185 and 186, a copy of which is attached hereto
for reference. These matters are subject to termination or amendment pursuant to the terms of 7.06 of the Wavertree
Hall Farm Declaration of Restrictions Covenants and Conditions Imposed By Christian Retreats, Inc, recorded in
Deed Book 667, beginning at page 101.
OWNER
Wavertree Hall, LLC
By: Joseph R. Gladden, Jr.
Title: Member -Manager