HomeMy WebLinkAboutSUB202000057 Review Comments Family Division Plat 2020-04-06County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
434-296-5832
Memorandum
To: Steve Garrett
From: Christopher Perez, Senior Planner
Division: Current Development
Date: April 6, 2020
Subject: SUB2020-57 Price - Family Subdivision Application
The County of Albemarle Division of Current Development will grant or recommend approval of the Family
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.]
[14-212] Affidavit. Provide a completed, signed, and notarized affidavit verifying family relationship of grantor
to grantee. The affidavit that was submitted with the application was not notarized. Please revise this document
and provide a signed and notarized copy of this form. Notably the daughter of the property owner qualifies for
the family subdivision based on her status as an immediate family members; however, the son-in-law is not an
immediate family member and shall be removed from the affidavit and not be part of the division. The son-in-
law is only permitted to be part of the division for purposes of securing any purchase money and/or construction
loan, including bona fide refinancing, or if the lending institution requires in writing that the spouse of the
member of the immediate family be a cograntee and co-owner of the lot. If this is the case, please provide
written documentation from the lending institution.
2. [14-212(B)] Conditions of approval. The subdivider shall place a restrictive covenant on the lots created by the
family subdivision. A template for this covenant is included in the email with these review comments. Please
utilize the template and submit the completed, signed, and notarized document. County Attorney approval is
required prior to final plat approval.
3. [14-302(A)(10)] Right offurther division ofproposed lots. The parcel contains 5 development rights; however,
the development rights note on the plat only accounts for and assigns 2 development rights. Please allocate all 5
development rights. Revise the development rights note accordingly.
4. [14-212(D)] Conditions of approval. Provide the following note: "No lot shown on this family subdivision plat
may be sold or conveyed to a person other than an eligible `member of the immediate family, 'as that term is
defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of recordation
of this plat except as authorized by section 14-212(A) of the Albemarle County Code. If any lot created by the
recordation of this plat is conveyed back to the grantor during the four (4) year period, it shall be recombined
with the parent lot within six (6) months after such conveyance. "
1 The term "member of the immediate family" means the natural or legally defined off -spring, grandchild,
grandparent, or parent of the owner of property.
5. [14-412(A)4] Streets serving family subdivisions. Provide the following note: "The existing and/or 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. "
6. [14-303(N)] Statement pertaining to private streets. Provide the following note: "The streets 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. "
7. [14-302(10)] Stream Buffers. Depict and label the stream buffers throughout the parcel. Provide the following
note: "The stream buffer(s) shall be managed in accordance with the Albemarle County Water Protection
Ordinance ".
8. [14-302(B)8, 18-10.41 Setbacks. Provide the Rural Area (RA) setbacks:
Front (internal private roads) — 25'
Side — 25'
Rear — 35'
9. [14-303(S)] Control Points. Provide at least 4 control points, evenly distributed across the property and located
at survey property corners. At the option of the subdivider, the control points may be shown on a copy of the
final plat, rather than the original signed/notarized version for recordation.
10. [14-316] Approval of entrance onto public streets. Prior to final plat approval submit documentation from
VDOT that the entrance along State Rte. 708 complies with their standards for the number of lots served by the
entrance. I have forwarded the plat to VDOT for their review.
11. [14-309 & 14-3101 Soil evaluations; Health Director Approval of wells and septic systems. Approval by the
Health Department is required before the plat can be approved. Either provide documentation of previous
Health Department approvals that each existing primary structure has both a primary & reserve drainfield on the
lot is serves. OR Provide the results of percolation tests or other methods of soil evaluation used to determine
the suitability of the soil for septic systems with conventional drain fields for each lot, so that the agent can
forward them onto the Health Department for review and approval.
12. [14-302(B)1] General Information. When the plat is revised provide the date of the last revision on the plat.
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.or /cg oun code. In accord with the provisions of Section 14-229(B) of Chapter 14,
if the subdivider fails to submit a revised plat to address all of 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 cperezna,albemarle.org for further information.