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Home My WebLink AboutZMA201300005 Staff Report 2013-09-10COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA2013 -00005 Piedmont Staff: Scott Clark Environmental Council Planning Commission Public Hearing: Board of Supervisors Public Hearing: September 10, 2013 To be Determined Owner(s): Piedmont Environmental Council Applicant: Piedmont Environmental Council Acreage: 159.682 acres Rezone from: PUD Planned Unit Development to RA Rural Areas. TMP: 03000 -00 -00 -03800 By -right use: Approximately 53 dwelling units Location: Pelham Road, approximately 1,800 feet permitted under PUD zoning. from the intersection with Buck Mountain Road (Route 665). Magisterial District: White Hall Proffers: No Proposal: Rezone 159.682 acres from PUD Requested # of Dwelling Units: No development is zoning district which allows residential being proposed. The theoretical development potential development (3 — 34 units per acre), mixed with would be governed by standard RA zoning commercial, service and industrial uses, to RA (approximately 12 units). The applicants are zoning district which allows agricultural, forestal, considering pursuing private conservation options and fishery uses; residential density (0.5 unit/acre in after the rezoning. development lots) DA or RA: Rural Areas Comprehensive Plan Designation: Rural Areas Character of Property: Forested Use of Surrounding Properties: Adjacent and nearby properties to the southeast are residential lots in the Hickory Ridge Planned Unit Development. Other adjacent properties are generally large farm and forest parcels. Factors Favorable: Factors Unfavorable: 1. The proposal is consistent with the land use o None found recommendations in the Comprehensive Plan. 2. The proposal would significantly reduce the potential for residential development in the Rural Areas, and therefore would reduce the potential impacts of that development on drink - water quality, aquatic habitat (including habitat for a federally Endangered species). 3. The proposal would reduce the potential demand for public infrastructure and services in this portion of the Rural Areas. RECOMMENDATION: Staff recommends approval of ZMA201300005 Piedmont Environmental Council. ZMA 2013 -00005 Piedmont Environmental Council Planning Commission Public Hearing, September 10th, 2013 Staff Report, Page 1 STAFF PERSON: Scott Clark PLANNING COMMISSION: September 10, 2013 BOARD OF SUPERVISORS: To Be Determined PETITION PROPOSAL: Rezone 159.682 acres from PUD zoning district which allows residential development (3 — 34 units per acre), mixed with commercial, service and industrial uses, to RA zoning district which allows agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots) ENTRANCE CORRIDOR: No PROFFERS: No COMPREHENSIVE PLAN: Rural Areas — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: Pelham Road, approximately 1,800 feet from the intersection with Buck Mountain Road (Route 665). TAX MAP/PARCEL: 03000 -00 -00 -03800 MAGISTERIAL DISTRICT: White Hall CHARACTER OF THE AREA The property is located in the Rural Areas in the northwest portion of the County, and is in the watershed of the South Fork Rivanna Reservoir, the community's largest source of public water. The developed portions of the Hickory Ridge Planned Unit Development are adjacent to the southeast. The majority of the surrounding area is characterized by large pastures and blocks of forest. An adjacent parcel that was also part of the Hickory Ridge PUD, Tax Map 30 Parcel 38A, was acquired by the Rivanna Water and Sewer Authority (along with other parcels along Buck Mountain Creek) for a potential reservoir in the stream valley (see Attachment Q. That project has not been built, as it would impact the habitat of a federally Endangered species, the James Spinymussel. SPECIFICS OF THE PROPOSAL The proposal would change the zoning on a 159 -acre section of an existing Planned Unit Development (PUD) to Rural Areas. This section of the PUD was proposed to have approximately 53 dwellings, although it has not been established what number could actually be built under current requirements. However, the fact remains that rezoning to RA Rural Areas would significantly decrease the theoretical development potential on the property to 12 units (five "development right" lots and seven 21 -acre lots). APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant is a conservation organization that received the property as a donation. The organization wants to down -zone the land to RA as they believe that removing the potential for suburban -scale development in this portion of the Rural Areas would be consistent with their mission. They are considering private conservation options that could be pursued after the rezoning. PLANNING AND ZONING HISTORY SP -272: In August, 1973, the Board of Supervisors approved a special use permit for a clustered, "PUD" form of development for Hickory Ridge, which included the land in the current proposal. The property was zoned "A -1 ", which was the "agricultural" zoning district of the time, but which permitted one dwelling unit per 2 acres. The special use permit approval permitted approximately the same amount of development as was possible under A -1 zoning. During the comprehensive, county -wide rezoning of 1980, the property was zoned PUD. ZMA 2013 -00005 Piedmont Environmental Council Planning Commission Public Hearing, September 10th, 2013 Staff Report, Page 2 CONFORMITY WITH THE COMPREHENSIVE PLAN The Rural Areas chapter of the Comprehensive Plan calls for reducing the potential for residential development in the Rural Areas, and support private conservation efforts. As this proposal would significantly reduce the development potential on this property and make it possible for the owning organization to further reduce that potential through private conservation measures, this proposal is in conformity with the Comprehensive Plan. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11 -8 -89) - Preservation of agricultural and forestal lands and activities; This proposal would change the permitted level and pattern of development so that impacts on agricultural and forestal lands would be significantly reduced. Rural economic activities would be more feasible in that situation. - Water supply protection; This property is in the watershed of the South Fork Rivanna Reservoir. Reduced residential development would decrease the potential impacts of land clearing, septic systems, and runoff from residential uses on the reservoir. - Limited service delivery to the rural areas; and Demand for service delivery would be reduced by the decreased development potential. - Conservation of natural, scenic, and historic resources. (Amended 11 -8 -89) Impacts on water quality, terrestrial habitat, and aquatic habitat would be reduced by the proposal. Public need and justification for the change: The County's Comprehensive Plan identifies agriculture, forestry, and conservation as primary goals for the Rural Areas, and calls for a reduction in residential - development potential. This request would be consistent with these goals. Impact on Environmental, Cultural, and Historic Resources: Potential impacts on environmental resources would be reduced. Forest clearing, impervious surfaces (which impact water quality), and infrastructure would all be reduced. Reducing potential development in this location would also benefit the public water supply and would reduce the potential impacts of residential development on the habitat of a Federally Endangered species, the James Spinymussel. Anticipated impact on public facilities and services: Compared to the level of development permitted under the current PUD zoning, this proposal would reduce the need for public facilities and services. This is in accord with the Comprehensive Plan's goals for the Rural Areas. ZMA 2013 -00005 Piedmont Environmental Council Planning Commission Public Hearing, September 10th, 2013 Staff Report, Page 3 Anticipated impact on nearby and surrounding properties: Nearby and surrounding properties would experience fewer development impacts than would result from the current PUD zoning. PROFFERS No proffers have been made. SUMMARY Staff has identified the following factors that are favorable to this rezoning request: 1. The proposal is consistent with the land use recommendations in the Comprehensive Plan. 2. The proposal would significantly reduce the potential for residential development in the Rural Areas, and therefore would reduce the potential impacts of that development on drink -water quality, aquatic habitat (including habitat for a federally Endangered species). 3. The proposal would reduce the potential demand for public infrastructure and services in this portion of the Rural Areas. Staff has found the following factors unfavorable to this rezoning: None found. RECOMMENDATION Staff recommends approval of ZMA201300005 Piedmont Environmental Council. PLANNING COMMISSION MOTION — Zoning May Amendment: Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2012 -00005 Piedmont Environmental Council Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 2012 -00005 Piedmont Environmental Council ATTACHMENT A: Area Map ATTACHMENT B: Site Map ATTACHMENT C: Map of Hickory Ridge PUD and RWSA Buck Mountain properties ZMA 2013 -00005 Piedmont Environmental Council Planning Commission Public Hearing, September 10th, 2013 Staff Report, Page 4 Q JNTglN C/24eEK c � PS O I )ADS 0 �m I � 0 yO'�F z o� c� z h9 O� �O J- G� O ro z m z 'm .R FREE UNION 'Po WILHOIT MILL f Attachment A �.-D�KIAN I / `�t�FC pFt r� ��NO �KEpR 1\ RANG �I SP� O ABM ov \ _ l �J 40, 9 O EARLY.' 9�Q �YS } MAC i o& o ��sa o 0 o c ? 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