HomeMy WebLinkAboutSP202200030 Correspondence 2022-11-01Spring Hill Farm Special Use Permit Amendment
Statement
Description of Project
Background History
The Spring Hill Farm property was acquired by the current owner's predecessor Nettie Marie
Jones in 1980. When acquired, the Spring Hill Farm property consisted of two parcels,
containing a total of 674.67 acres.
On December 4, 1980, Albemarle County adopted amendments to its Zoning/Subdivision
Ordinances which set forth a new rule for determining the number of parcels that properties with
Rural Area zoning could be divided "by right". Such new rule applied to the Spring Hill Farm
property. Under the rule, the Spring Hill Farm property could have been divided into forty-one
(41) parcels, ten (10) of which could be have been a minimum of two (2) acres in size,
(comprising 20 acres) and thirty-one (31) of which could have been a minimum of twenty-one
(21) acres in size (comprising 651 acres), or a total of 671 acres.
In 1981, Special Use Permits SP 81-1 and 81-55 were approved by the Albemarle County Board
of Supervisors as to the Spring Hill Farm property. SP 81-1 created sixteen (16) residential
building lots ranging from 2.367 to 10.795 acres in size and designated as Spring Hill
Subdivision Phase I. SP 81-55 created an additional seventeen (17) residential building lots
ranging from 2.097 to 5.187 acres in size and designated as Spring Hill Subdivision Phase II.
The two 1981 Special Use Permits thus divided the Spring Hill Farm property into 33 residential
building lots containing approximately 160 acres, including the roads, with an approximately 509
acre residue.
At the time, the use of the Special Use Permit process to subdivide the Spring Hill Farm property
was required due to the size of the parcels, not the number. The Spring Hill Farm Phase I and
Phase II Subdivisions clustered 33 residential lots over approximately 160 acres. Had the thirty-
three (33) lots been divided "by -right" instead, they would have consumed at least 503 acres of
the property.
SP 81-1 and SP 81-55 both provided that any further subdivision of the Spring Hill Farm residue
would require amendment to the existing Special Use Permits. The rationale for this condition
was not articulated in either of the Special Use Permits, but appears to be merely procedural in
nature.
Approximately 24 acres of the original Spring Hill Farm property were later combined with the
Tandem Farm/Blue Springs Farm Subdivision to the south and approximately 43 additional acres
were combined with Lot 15 and other of the 33 lots, leaving the current 442.42 acre residue.
Blue Springs Land Corporation acquired the Spring Hill Farm residue in August 1993 after the
death of Nettie Marie Jones.
On May 16, 2001, the Board of Supervisors granted SP 00-34 and SP 00-38 to amend the Spring
Hill Farm Special Use Permits 81-1 and 81-55 to subdivide off the southern 102 acres of the
Spring Hill Farm 442.42 acre residue into one (1) additional parcel. The entrance to the new 102
acre parcel was to be located at the intersection of Dick Woods Road and Bloomfield Road.,
requiring a Special Use Permit for construction of a bridge over Ivy Creek and the placement of
fill in the 100 year flood plain. However, those Permits were abandoned due to the presence of
a condition imposed by the Board of Supervisors limiting clearing on the new 102 acre parcel to
two (2) acres, which impaired the marketing of such property. Such a limitation on clearing had
not been placed on any of the other 33 lots subdivided from the original Spring Hill Farm
property.
In 2002, SP 02-67 and SP 02-68 were approved by the Board of Supervisors. SP 02-67 and SP
02-68 involved a similar plan to subdivide the southern 102 acres of Spring Hill Farm from the
442.42 acre residue. The plan again placed the entrance to the new 102 acre parcel at the
intersection of Dick Woods Road and Bloomfield Road, requiring the construction of a bridge
over Ivy Creek and filling in the 100 year flood plain. However, those Special Use Permits were
abandoned due to the excessive cost of constructing the proposed bridge over Ivy Creek.
Current Proposed Special Use Permit Amendment
The current proposed plan subdivides the 442.42 acre Spring Hill Farm residue into two (2)
residential building lots containing 46.87 acres (Lot 1) and 24.64 acres (Lot 2), leaving a 370.91
acre residue. The entrance to the new Lots 1 and 2 is from Dick Woods Road to the south of the
state highway bridge over Ivy Creek. The location of the entrance to the new Lots 1 and 2 south
of the state highway bridge on Dick Woods Road eliminates the need to construct a new bridge
crossing over Ivy Creek, and eliminates the need for a Special Use Permit to fill in the 100 year
flood plain.
The addition of the two new building lots increases the total number of building lots subdivided
from the original Spring Hill Farm property to thirty-five (35), plus the residue of 370.91 acres.
The current proposal does not require review under Section 10.5.2.1 of the Albemarle County
Zoning Ordinance because the total number of lots allowable by right as to the original Spring
Hill Farm property will not be exceeded.
The current proposed plan will also set aside 36.72 acres of the southern portion of the Spring
Hill Farm for permanent conservation, designated as Conservation Areas A and B on the
proposed plat. Under the current proposed plan, Conservation Areas A and B will not be further
subdivided into residential building lots, and will permanently remain in Forestal or Open Space
use. Due to the topography, neither Conservation Area is suitable for Agricultural use,
Compliance with Albemarle County Comprensive Plan
The Albemarle County Comprehensive Plan designation for the Spring Hill Farm property is
Rural Area. The following will address the matters to be considered by the Board of Supervisors
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in considering the approval of the proposed amendment to the Spring Hill Special Use Permits.
1. Effect of proposed Special Use Permit Amendment on adjacent properties.
There are seven (7) properties immediately adjacent to the new lots. Such properties
consist of a 6.926 acre residential parcel to the north (Lot 9 Spring Hill Subdivision),
three residential parcels consisting of 21.004, 11.047 acres and 17.859 acres to the west
(Lots 2, 6 and 7 Blue Springs Farm Subdivision, respectively), a 22.35 acre residential
parcel to the south (Tandem Farm), a 32.47 acre residential parcel to the east (TM 74-
17B) and a 147.05 acre parcel dedicated to conservation also to the east (TM 74-17E).
Due to topography and forest cover as well as the location of the entrance to the two
proposed lots on Dick Woods Road (as opposed to Spring Lane or Blue Springs Lane),
the proposed two lots will have no discernable affect on the immediately adjacent
properties both from either visual or traffic standpoints.
2. Effect of proposed Special Use Permit amendment on the character of the district
surrounding the property.
The area surrounding Spring Hill Farm in Ivy consists mainly of residential lots varying
from 2 to 15 acres in size, with a number of larger properties, including the parcels to the
east and south of the proposed lots, as noted above. The proposed two additional lots will
contain 46.34 acres (Lot 1) and 24.64 acres (Lot 2). As such, the size and use of the two
new parcels are consistent with the other residential parcels in the area and therefore will
not affect the character of the district surrounding the property.
3. Harmony with the uses permitted by right in the district.
The Albemarle County Zoning Ordinance allows detached single family dwellings on
parcels with a minimum 21 acres in size by right in the Rural Area zoning district. Since
both of the proposed lots exceed 21 acres in size, the proposed use is in harmony with the
uses permitted by right under the Zoning Ordinance.
4. Harmony with the purpose and intent of the Zoning Ordinance.
The Rural Area designation in the Zoning Ordinance allows "by -right" subdivision of
property into parcels with a minimum size of 21 acres. Both of the proposed subdivided
lots exceed the 21 acre minimum size, and so are consistent with the standard set forth in
the Zoning Ordinance. The area on Lot 1 that is currently in agricultural use will remain
in agricultural or open space use. The forested areas of Lots 1 and 2 will be eligible to
remain in forestal use. Ivy Creek, which crosses the proposed Lot 1, will be protected by
a 100 foot agricultural buffer easement and the two Ivy Creek stream tributaries located
on the property will similarly be protected with buffer easements.. This Both Lots 1 and
2 will be restricted from being further subdivided. The 36.72 acre Conservation Areas A
and B shown on the Plat will be restricted from being used for residential buildings, and
will continue in forestal or open space use.
5. Additional regulations provided in Section 5.0 of the Zoning Ordinance which apply
to the proposed use.
None.
6. Promotion of the public heath, safety and general welfare of the community.
From a public health standpoint, the proposed use will impose stream protection buffers
on Ivy Creek and the two Ivy Creek stream tributaries located on the property. This will
add significant protection of the water quality of the Ivy Creek Reservoir.
From a public safety standpoint, the proposed use is consistent with the goal of
encouraging vehicular traffic on existing major arterial roads as opposed to substandard
or gravel rural roads. The proposed use will add two additional residential lots to the
Spring Hill Farm property which are in close proximity to State Route 637 and to the Ivy
exit of Interstate 64.
From a public welfare standpoint, the proposed use will involve construction of
residences in an already heavily developed area of Albemarle County close to the town of
Charlottesville. This will serve to reduce vehicular air pollution as compared to locating
new residences at significantly farther distances. In addition, the proposed location of the
residences significantly set back from the road will preserve the rural scenic character of
the area as seen from Dick Woods Road.
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