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HomeMy WebLinkAboutSP202200030 Action Letter 2022-11-02 (3)Spring 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 2 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. M