HomeMy WebLinkAboutSUB201900064 Review Comments Appeal to BOS 2019-06-06 (3)County 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: June 6, 2019
Subject: SUB201900064 — Monroe 2 Lot 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. Rev 1. Comment no longer relevant because the division type has changed
to a 2-lot 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.
Rev 1. Comment not fully addressed. Please submit a 2-lot subdivision application and
address the remaining comments provided below.
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.
Rev 1. Comment not addressed.
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. Rev 1. Comment addressed.
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..
Rev 1. Comment not addressed. Please submit VDOT's approval. It appears the applicant does
not have this approval, as such I will forward the plat to VDOT for their review.
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. Rev 1. Comment addressed.
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. Rev 1. Comment addressed.
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. " Rev 1. Comment addressed.
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. Rev 1. Comment
partially addressed. List the easement holders on the plat. For example: "Proposed new 30'
private street easement shall benefit Lot 1 and the residue."
10. 114-232(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. " Rev 1. Comment addressed.
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. " Rev 1. Comment addressed.
12. 114-302(B)8, 18-10.41 Setbacks. Provide the Rural Area (RA) setbacks:
Front (internal private roads) — 25'
Side — 25'
Rear — 35'
Rev 1. Comment addressed.
13. [14-302(B)8] Yards. Provide distances from all structures to the private street easement.
Rev 1. Comment addressed.
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". Rev 1. Applicant
modified the note based on the chose to leave the acreage as originally proposed, thus
comment addressed.
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. Rev 1. Comment addressed.
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.
Rev 1. Comment addressed.
17. [14-302(A)15] Identification of All Owners and Certain Interest Holders. On the plat include the
address of all the owners. Rev 1. Comment addressed.
18. [14-302(B)(10)] Stream Buffers. Depict, dimension, and label the stream buffer on the plat. Also,
provide the following note: "The stream buffer(s) shown hereon shall be managed in accordance
with the Albemarle County Water Protection Ordinance. " Rev 1. Comment addressed.
19. [14-303(0)&(P)] Signature panel. Revise the County's signature line to read: `Agent for the Board
of Supervisors ". Rev 1. Comment addressed.
20. [14-302(B)(1)] General Information. When the plat is revised, please provide the date of the last
revision on the plat. Rev 1. Comment addressed.
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.
Rev 1. Comment not addressed.
22. [14-317] Instrument Evidencing Maintenance of Certain Improvements. Provide a private street
maintenance agreement for the proposed private street for review and approval by the County
Attorney. A template for such an agreement is attached. Rev 1. Comment not addressed.
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(13) 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.