Rezoning request hits snag
A request to rezone part of a Virtue Road property so it could be subdivided hit a snag because of right-of-way concerns.
The rezoning request was discussed during a Farragut Municipal Planning Commission Staff-Developer meeting Tuesday, May 5, at Town Hall.
The subdivision is being planned for property at 817 Virtue Road, where the developer, Benchmark Associates Inc., is asking for an amendment to the town’s zoning map from S-1, Community Service, and agricultural zoning to R-1, Rural Single-Family Residential.
“This is a property that had some very dilapidated structures a few years ago, and we were able to get those taken out,” Town Community Development director Mark Shipley said. “The property owner is wanting to ultimately be able to subdivide this parcel. It’s a little over 8.5 acres, but it’s currently zoned three different districts.”
One part is zoned R-1 while another portion is S-1, the same zoning as Virtue Church. The other portion, located on the east side of Virtue Road by the lake, is zoned agricultural.
Shipley added the parcel extends into the water.
“It was one of those tracts that was flooded by [Tennessee Valley Authority],” Shipley said.
If the property is rezoned, the owner would like to subdivide it into three parcels, he said.
Shipley said the subdivision would be affected by the town’s road improvement plans for Virtue Road.
“There’s a boardwalk that comes in, and then it crosses over, and [becomes a] walking trail that comes across the property and, ultimately, it ties into the trail that will be coming down from Virtue Road,” he said. “The staff advised the surveyor to request a rezoning to R-1.”
The surveyor is showing a 60-foot right of way, based on a historical tax map.
The main question on the request is the right of way.
“We got two projects going on right now,” Farragut
Mayor Ron Williams said. “One is the road project. That section will be widened with curb and gutter.
“Also, we’ve got the boardwalk, which will be on the east side of all three [proposed lots],” he added.
“Currently, the town has what is called a prescriptive right of way,” said Benjamin J. Moorman with Benchmark. “They have not ever purchased that. They have acquired what interest they have on Virtue Road by virtue of maintenance and by statute.
“For anything the town is maintaining, you have a prescriptive right of way,” he said. “Therefore, that use cannot be impeded. Anything to expand beyond that will require compensation.”
“If it’s rezoned,” the mayor interjected.
“Even if it’s not rezoned,” Moorman said. “If you want to do your road project, you’re going to have to buy right of way.”
“True,” Williams said. “I just wonder where we’re at with that.”
Town Engineer Darryl Smith said one survey showed a 60-foot right of way.
Williams said the question of right of way needs to be resolved before a decision is made on the rezoning request.
