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Home My WebLink AboutSUB201800182 Correspondence Family Division Plat 2018-09-30 COUNTY OF ALBEMARLE A`' Department Community Development t:AlibrN'TA Planning Services Division 401 McIntire Road North Wing• Charlottesville,Virginia 22902-4596 Phone: (434)296-5823 • Fax: (434)972-4035 Transmittal From: Tori Kanellopoulos Date: 10/17/18 To: Adam Moore-VDOT 0 0 0 0 0 0 0 0 0 JOB#/FILE NAME:SUB-2018-00182 Pollock Family Division We are sending you the following items: ❑ Attached or ❑ Under separate cover ❑ Copy of Letter ❑ Prints ❑ Plans ® Plats ❑ Specifications ❑ Other # of Date Description Copies 1 9/30/18 Family subdivision plat. There is an existing entrance onto SR 635 where applicant is proposing new private street. These are transmitted as checked below: ® For review and comments ® For approval ❑ Other Remarks: Applicant is combining TMP 85-24B and TMP 85-24C into one parcel and creating new Parcel Z. The proposed private street is to give Parcel Z frontage. The private street is proposed at an existing entrance onto SR 635, however I am sending to VDOT to double check and ensure this is acceptable. Comments are due in City View or email by: 11/07/18 Signature: Tori Kanellopoulos • You have to have owned both Parcels 24C and 24B for a minimum of 4 years. • The parcel being created is for a member of the immediate family only (defined as parent, grandparent, child, grandchild). • There is a 2 acre minimum for any parcel created. • Both the parcel created and the remaining (residue) acreage have to remain in the ownership of a member of the immediate family for a minimum of 4 years after the plat is approved/recorded. You can submit one plat that acts as both a Boundary Line Adjustment and a Family Subdivision. The surveyor would draft the plat addressing all the requirements on both the Boundary Line Adjustment checklist and the Family Subdivision checklist—and title the plat as a Boundary Line Adjustment and Family Subdivision. You would fill out applications for both the Boundary Line Adjustment and the Family Subdivision and include them with 5 copies of the plat and the application review fee—to Community Development. The application review fee would be the fees on the Family Subdivision application only—not the fees on the BLA application. That fee is $1,097.00 ($742 + $355). Once received, this also would be an administrative review where the planner has 60 days legally to review it but does it in 21 days if workload permits. Pao. ,I COUNTY F ALBEMARLE APPLICATION FOR FAMILY DIVISION Family 1)i%i irrrt $742 (Pros id4 5 carpis' of plat) Tier 2 (rruiirid S355 f eglirrrr!tor al thrwh sholrans:•?Mt f' (hart 1.1 a, ., 3 icr ( ruuar tl ti'4NQcu I41.'1 Cl'4% -----S548 IR tl diff e4for 41„ ifi,;i,Ytl s,„e ftt`,F+icre(.td Jeers(,+ I 4 Ground irc`r Rc'‘ SI.183 To answer your question - you will also include a Private Street Maintenance Agreement with your application - for the shared portion of the driveway serving the lot created and the residue acreage lot. Our template for that Private Street Maintenance Agreement is attached. The minimum standard for the private street is located in Section 14-412 (A) (4) of the ALBEMARLE COUNTY SUBDIVISION ORDINANCE and pasted directly below. 3 Marsha Cutright From: Alyce Pollock <alycepollock@gmail.com> Sent: Thursday, October 04, 2018 11:41 AM To: Marsha Cutright Subject: Fwd:Tax Map 85, Parcels 24C & 24B, 1570 Craigs Store Road property line adjustment Attachments: Private_Street_Maintenance_Agreement_Template (14).doc Forwarded message From: Brent Nelson <bnelson@albemarle.org> Date: Mon, Aug 20, 2018 at 4:16 PM Subject: Tax Map 85, Parcels 24C & 24B, 1570 Craigs Store Road property line adjustment To: Alyce Pollock<alycepollockc gmail.com> Ms. Pollock - I received your email regarding your two above-noted parcels shown HERE , outlined in pink, on Albemarle County GIS. My answers are below in red following each question. Brent Brent Nelson Senior Planner Albemarle County Department of Community Development Planning Services Division 434-296-5832 ext. 3438 bnelson@albemarle.org Information contained in this e-mail does not take the place of required zoning or planning approval of your application. To locate required applications for your proposal, contact ALBEMARLE COUNTY, COMMUNITY DEVELOPMENT . i ‘thiste ‘1010 Original Message From: Alyce Pollock<alycepollock@,gmail.com> Sent: Thursday, August 16, 2018 12:02 PM To: Brent Nelson<bnelson cr albemarle.org> Subject: 1570 Craigs Store Road property line adjustment Brent, I came in a couple of weeks ago (with my toddler grandson in tow) and spoke with you about dividing a parcel off our 50 acre property for our daughter and son in law to build a house on. The surveyor has been out and asked me to confirm a couple of items with you before he proceeds. We plan to vacate the line between the two adjoining parcels we own so that parcel size is not an issue with regard to land use eligibility. You are not "vacating" the line between parcels 25B & 24C, you are combining the parcels into one parcel. While achieving the same goal, it is not a"vacation" of a property line. To combine the parcels, you will be submitting a Boundary Line Adjustment(BLA) application to this department for review/approval. The application along with checklist of requirements for the (BLA)plat can be found HERE . The completed application along with 5 copies of the plat (prepared by a licensed land surveyor) and the $215 application fee (made out to Albemarle County) are submitted to Community Development. The plat is assigned to a planner for an administrative review. The planner has 60 days legally to review it but tries to do it in 21 days if workload permits. The planner will email you to let you know if the plat can be approved, as is, or if revisions to the plat are required. A revised plat can be emailed back to the planner. Once the planner has determined the plat can be approved by this department,they will notify you and have you bring at least 2 copies of the plat with the owner's notarized signatures on it. The planner will get it signed by the County and provide you with a signed copy. You are then required to have that signed copy of the plat recorded in the ALBEMARLE COUNTY CIRCUIT COURT CLERK'S OFFICE . That triggers the County Assessor's Department to revise the tax maps accordingly showing the new combined parcel. Then and only then it is the new parcel of record. The two questions are: Do we need to have an official driveway easement agreement drawn up, given that it's a family division? I take it that in addition to combining the two parcels you want to create a new parcel by submitting a Family Subdivision plat. The application along with the checklist of requirements for the Family Subdivision plat can be found HERE . To be eligible as a Family Division: 2 %Me' 'Nose 4. Streets serving family subdivisions. Each private sure family subdivision under section 14-232(13)( 1 ) shall satisfy the following: (i) e widths shall he ten ( 10) reet minimum: and (ii) the surveyor shall include the wid, , plat: -The ex and/or proposed right-of-way oi adequatt... tn and hurizont to accommodate a travelway passable by ordinary passcnu.er vehicles in all but ter conditions, together with area adequate for maintenance of the travelway, as requi the Albemarle County Code." Important— please read: Below are sections of the Virginia State Code relating to when Family Subdivisions are permitted and the land is held in a trust. Before you have your plat drafted, I encourage you to provide a copy of your trust to our ALBEMARLE COUNTY ATTORNEY'S OFFICE to make sure your trust would qualify for a Family Subdivision. You could Email the Department with a copy of your trust agreement or call them at 434-972-4067. 22-710 Standard famil.% di%',ions Counties that are not experiencing IIY',.population growth from the next to latest to the latest decennial census (-high growth hicalities") arc requirrd to adopt reasonable provisions permitting the single division of a parcel for the purpose of side or gift t a member of the immediate family_ I. rnth(ritk ff 15,2-2241(10)and 15.2-2244(A.The reference to a.riax/r&titian may include a single lot for each member of the property owner's immediate family. 1989 I. Op. WO. lamik divisinos under Virginia(..;ode § 15.2-2244(A)are subject only to the following requirements: • Any express ft:pun:mem ciintaint.d in the Virginia Gide, • Any requirement imp.ised by the locality that ail lots of less than five acres have reasonable right-of-way of not less than ten (cur or more than twenty (CO providing ingress and egress to a dedicated recorded public street or thoroughfare, • Only one such diyisti in is allowed per family member. A iirovicri% h4/NC prl pert y is subdivided pursuant to Virginia( 15.2-2244(A) in one county is not prohibited ir un di‘iding vroperty by family division which he owns in another eiimnty. 20a) Va. (Y). Ally. ('en. 1.1 Al t'a. op. Atty. Gat. 111-425135. (.!mita this type of family subdivision,a member of Mr ifloardtakjumdi 11('1-1111.d aS any person who is a natural or legally defined offspring,stepchild,spouse,sibling,grandchild,grandparent,diD pan-nt of the owner. V .7' Codtf /52-2244(4). In addition,a locality may include aunts,uncles,nieces and nephews in its tIctinitinn of iMMetitate family. Vityiniti tid 5 /5,2-2244(1).Transfers nu', be made to beneficiaries of land held in trust,provided that the beneficiaries arc members of the immediate Virxiatia(.'ade I 152.2244.2.The transfer of lots may go in any direction (4 ,,not only from parent iii offspring,but from offspring to parent).Also,the family division regulations do not concern themselves with how the property was originally acquired.Thus,offsprings can convey their ioint interests in a lot to a parent,who may then effect a family division among the offspring, 190 Op. . fty. Got. my. 4 Code of Virginia Title 15.2. Counties. Cities and Towns Chapter22. Planning, Subdivision of Land and Zoning § 15.2-2244.2. Subdivision of a lot of property held in trust for a family member In addition to §§ i , and 15.2-2244.1. a locality may include in its subdivision ordinance provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family, as defined in § i I, of beneficiaries of a trust. of land held in trust. All tiust beneficiaries must (i) be immediate family members as defined in § I W.: (ii) agree that the property should be subdivided, and (iii) agiee to place a i"esti ictive covenant on the subdivided pr opeity that would prohibit the transfer of the pi operty to a nonmember" of the immediate family for a period of 13 years. Notwithstanding the provisions of clause (iii). a locality may reduce or provide exceptions to the pet lad of years prescribed in such clause when changed ciicurltstances so require. Upon such modification of a restrictive covenant. a locality shall execute a Writing reflecting such modification. which writing shall be recorded in accordance with § : The locality may ret-uire that the subdivided lot is no more than one acre and otherwise meets any other express requirement contained in the Code of Virginia or imposed by the local governing body. 2011, c. I il. a 4 i Do we need to confirm septic site before the subdivision is approved? Im pretty sure it has been done and filed I with the health department by a previous owner. 1 l A soils report for the proposed septic field will have to be included with the application to Comm P p p p pp unity I Development. That soils report is then forwarded to the health department with a copy of your proposed Family ii Division plat (showing the proposed lot)— for their review/approval. 7 i I I Thanks, i 1 Alyce Pollock i a s 85-24C&B 1 ISent from my iPad 3 l 5 I