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Home My WebLink AboutSUB201900064 Review Comments Appeal to BOS 2019-05-24County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 434-296-5832 Memorandum To: Steve Garrett From: Christopher P. Perez, Senior Planner Division: Current Development Date: May 24, 2019 Subject: SUB201900064 — Monroe Family Division The County of Albemarle Planning Division will grant or recommend approval of the Subdivision Plat referenced above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] [14-106, 14-208, 14-212] Qualifying Family Member. The grantee's relationship to the grantor does not meet the ordinance criteria for this application to qualify as a family subdivision. Family subdivisions are only available to members of the immediate family as defined by the County Ordinance. A member of the immediate family is one of natural or legally defined off -spring, grandchild, grandparent, or parent of the owner of property. Additionally, a family subdivision is not possible in this circumstance because the person receiving the new lot is not an immediate family member of every owner of the property. See comment #2 below for an alternative option to proceed with a subdivision. 2. [14-207] Two Lot Subdivision. While a family subdivision is not permissible for reasons discussed above, it appears this division of land may proceed as a two -lot subdivision under Section 14-207. Please submit a 2 lot division application. Also, please make the following changes to the plat. 3. [14-308.1, 17-10021 Tier 2 Groundwater Study. All plats showing lots less than 21 acres require this study be completed. The County collects a $355 fee to initiate the groundwater study. Based on all the fees paid to date, please pay the remainder of the fees for this project, which is $194. Breakdown of fees for this project: Fee owed = $355 groundwater access fee Fee owed = $581 two lot subdivision application fee Fee paid = $742 family division application fee Difference is $194. 4. [14-232(B)] It appears the new 30' private street easement doesn't completely abut State Route 795; rather, a portion of it abuts TMP 103-62C. Please relocate the private street easement east, where it completely abuts Rte. 795. 5. [14-316] Approval of Entrance onto Public Streets. Prior to final plat approval provide verification from VDOT that the existing entrance onto State Route 795 continues to comply with their standards. 6. [14-302(A)1] Name of Subdivision. Omit any reference to family subdivision throughout the plat. Revise the title to reference a two -lot subdivision. 7. [14-302(A)3] Existing or Platted Streets. Provide the name of State Route 795, which is Rolling Road. Also, provide the width of the right-of-way. 8. [14-302(A)9] Building Site on Proposed Lots. Revise the building site note as follows: "Lot I and the residue of Tax Map 103 Parcel 70 each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance. " 9. [14-303(E)] Private Street. Revise the private street easement note to read: `Proposed 30' private street easement". Also, the easement holder(s) shall be identified on the plat. 10. [14-232(B)2, 14-235(B), 14-303(N)] Statement Pertaining to Private Streets. Provide the following note: "The street in this subdivision may not meet the standards for acceptance into the secondary system of state highways and will not be maintained by the Virginia Department of Transportation or the County of Albemarle. " 11. [14-412(A)4] Statement Pertaining to Private Streets. Provide the following note: "The proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 14-412 of the Albemarle County Code. " 12. [14-302(B)8, 18-10.41 Setbacks. Provide the Rural Area (RA) setbacks: Front (internal private roads) — 25' Side — 25' Rear — 35' 13. [14-302(B)8] Yards. Provide distances from all structures to the private street easement. 14. [14-302(A)(10)] Right of Further Division. The lot of record has 3 development rights associated with it. As the applicant has chosen to divide the land, one of the three development rights is being lost based on the proposed acreages. The applicant can either leave it as is and loose a development right, or the lots can be revised so that one of them is a minimum of 2 acres and the other is a minimum of 4 acres. If this your intent, revise the proposed acreages of the two lots and the development rights note as follows: "Lot I is assigned 2 development right and may be further divided. The residue of Tax Map 103 Parcel 70 is retaining 1 development right and may not be further divided". 15. [14-303(A)] Statement of Consent to Division. Changes to the State Code and to the County of Albemarle Subdivision Ordinance require changes to the consent to division statement. Please revise the statement to read: "The platting or dedication of the following described land [insert correct description of the land subdivided] is with free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any. " Revise. If the applicant would like to continue utilizing the previous ordinance language: `Any reference to future potential development is to be deemed as theoretical. All statements affixed to this plat are true and correct to the best of my knowledge and belief. " Please utilize it as a separate note on the plat. Revise. 16. [14-303(S)] Control Points. Control points must be submitted. At the option of the subdivider, the control points may be shown on a copy of the final plat, rather than on the original final plat. 17. [14-302(A)15] Identification of All Owners and Certain Interest Holders. On the plat include the address of all the owners. 18. [14-302(B)(10)] Stream Buffers. Depict, dimension, and label the stream buffer onthe plat. Also, provide the following note: "The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle County Water Protection Ordinance. " 19. [14-303(0)&(P)] Signature panel. Revise the County's signature line to read: "Agent.for the Board of Supervisors ". 20. [14-302(B)(1)] General Information. When the plat is revised, please provide the date of the last revision on the plat. 21. [14-309 & 14-3101 Soil Evaluations & Health Director Approval of Well and Septic Systems. Prior to final subdivision plat approval each lot shall have a primary and reserve drainfield location and individual well approved by the Health Department. Please provide soil work and I'll forward it to the Health Department for review and approval. For the existing home provide documentation of previous Health Department approval verifying both a primary & reserve drainfield on the modified lot. If the existing home only has a primary drainfield, it shall be upgraded with a reserve drainfield location and approved by the Health Department. 22. [14-317] Instrument Evidencing Maintenance of Certain Improvements. Provide a private street maintenance agreement for the proposed private street for review and approval from County Attorney. A template for such an agreement is attached. Staff has provided references to the County Code. The Code is kept up-to-date by the County Attorney's office and may be found at www.albemarle.org/countycode. In accord with the provisions of Section 14- 229(B) of Chapter 14, if the applicant fails to submit a revised plat to address all the requirements within six (6) months after the date of this letter, then the application shall be deemed voluntarily withdrawn. Please contact Christopher Perez at the Division of Current Development at cperez@albemarle. org or 434-296-5832 ext. 3443 for further information.