HomeMy WebLinkAboutSUB202000073 Review Comments Final Plat 2020-06-15COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
(434)296-5832
Memorandum
To: David Linke, Virginia Landcraft, LLC (linke(&valandcraft.com, landcraftgembargmail.com)
Kristina M. Hofmann, Payne & Hodous, L.L.P. (kmhofinann(rcr paynehodous.com)
From: Mariah Gleason — Senior Planner
Division: Planning Division
Date: June 15, 2020
Subject: SUB202000073 Airshe BLA
The County of Albemarle Planning Division will recommend approval of the plat referenced above once the following
comments, and those provided by other Site Review Committee, SRC, members, have been satisfactorily addressed. The
following comments are those that have been identified at this time. Additional comments or conditions may be added or
eliminated based on further review. [Each comment is preceded by the applicable reference to the Albemarle County Code.]
1. [Comment] This being a BLA affecting only TMP 65-15 and TMP 81-57, the plat notes will need to limit information to
that which pertains to these two (2) parcels or, if desired, the notes can address all four parcels shown on the plat. In either
case, the plat notes should be consistent throughout to avoid confusion in the future. (Note: Proceeding review comments
are provided under the assumption that the applicant wishes to provide information on all four parcels — TMP 65-15, TMP
65-1513, TMP 81-57, and TMP 81-58 — as indicated by the owner signature panel statement.)
2. [14-302(A)(10)] Development Rights. Revise Note 3 on the plat to clarify the number of development rights each parcel has
now and how many each parcel will have after this BLA. See bulleted information below.
A 1992 Letter of Determination found that each of the original parcels — TMP 65-15, TMP 65-15B, TMP 81-
57, and TMP 81-58 — each had five (5) development rights, prior to a 1992 subdivision which reduced the
number of development rights for TMP 65-15 to four (4). Thus, currently, TMP 65-15B, TMP 81-57, and
TMP 81-58 each have five (5) development rights while TMP 65-15 has four (4) development rights.
Per County Code the three cottages located in Area "X" will need to be allocated at least three (3) development
rights from TMP 65-15 to allow these dwellings to remain.
Regarding development rights, please be aware that any future subdivisions of these parcels must be in
accordance with County Code 18-10.3, which has several provisions including the "31-acre rule", which limits
the total acreage of any new lots created with development rights to 31 acres.
3. [14-302(B)(5)] Zoning. Revise Note 2 to clarify that parcels TMP 65-15, TMP 65-15B, TMP 81-57, and TMP 81-58 are all
zoned RA.
4. [Comment] Watershed. Per comment #1, staff recommends revising Note 5 to address all four parcels TMP 65-15, TMP 65-
15B, TMP 81-57, and TMP 81-58. (Note: All of these parcels are located in the Mechunk Creek Watershed and are not
within an agricultural -forestal district.)
5. [14-302(B)(5)] Overlay Districts. Revise Note 6 to clarify the following:
a. TMP 65-15 and TMP 65-15B are located in the Entrance Corridor and Flood Hazard Overlay Districts
b. TMP 81-57 and TMP 81-58 are located in the Flood Hazard Overlay District
*Note: The Scenic Byways Overlay is not a regulated overlay district, therefore, it does not need to be included in
these notes.
6. [Comment] Flood Hazard Overlay District. Per comment #1, staff recommends revising Note 8 to address all four parcels
TMP 65-15, TMP 65-1513, TMP 81-57, and TMP 81-58.
7. [14-302(A)(15), 14-212.1(13)] Virginia Outdoors Foundation (VOF) Easement. As these parcels are subject to a VOF
Easement, approval from VOF is needed prior to final plat approval. Please see the attached letter from VOF regarding this
BLA application. County staff will continue to coordinate with Justin Altice at VOF on the finalization of this plat.
8. [Comment] Sheet size. Staff recommends contacting Albemarle Circuit Court to ensure the sheet size for this plat, 24in x
36in, is acceptable/compatible with their recordation system.
9. [14-302(B)(1)] Resubmission. Reminder that revised plats must include the original date of drawing as well as a date of last
revision.
10. [Comment] Access. Staff recommends the applicant consider providing an access easement, and accompanying maintenance
agreement, for the benefit of TMP 81-58 with this plat. If an access easement to the aforementioned parcel is established
later, a new plat, application, and fee will be needed to approve the easement.
In accordance with the provisions of Z.O. 14-229 of the County Code, if the applicant fails to submit a revised plat to address all
of the requirements within six (6) months after the date of this letter, the application shall be deemed to have been voluntarily
withdrawn by the applicant.
Please contact Mariah Gleason in the Planning Division by using mgleasongalbemarle.org or 434-296-5832 ext. 3097 for
further information.
CC: Debra D. D. Coyner
50 S Lasalle St
Chicago, IL 60603
FOUNDATION
May 15, 2020
Douglas E. B. Wheeler
Co -Trustee of the Sallie B. Wheeler Trust FBO Douglas E. Wheeler
862 Club Drive
Keswick, VA 22947
[SENT BY EMAIL ONLY]: wheelz710kaol.com
RE: VOF Easement: ALB-01905
Deed Book/Page: 3130/429-445
Recorded: 12/28/2005
Dear Mr. Wheeler:
The Virginia Outdoors Foundation (VOF) recently reviewed a proposed internal boundary line
adjustment (BLA) on Airshe Farm located in Albemarle County and owned by the Sallie B. Wheeler
Trust FBO Douglas E. Wheeler (the "Trust"). The following language contained within the Deed of
Easement (DOE), as recorded in the Clerk's Office of the Albemarle County Circuit Court on
December 28th, 2005, pertains to your proposed plans:
PAGE 5: The Property shall be considered to be one parcel for the purposes of this easement,
and the restrictions and covenants of this easement shall apply to the Property as a whole.
PAGE 6: 3. DIVISION. The Property shall not be divided or subdivided into, or separately
conveyed as more than three parcels (the "3 Parcels'). One of the three parcels shall be solely
for the off conveyance of the single family dwelling known as Findowerie discussed in
paragraph 6(ii) herein, and any associated non-residential outbuildings, structures and
amenities.
PAGE 8: 6. BUILDINGS AND STRUCTURES. In the event of subdivision of the Property as
provided in Paragraph 3 above, permitted dwellings shall be allocated among the parcels in
the instrument creating the subdivision, and private roads and utilities may be constructed on
each parcel.
On 4/27/2020, Albemarle County notified VOF that an application had been submitted for a BLA
between County tax map parcels (TMP) 81-57 and 65-15. The following is a summary of the proposed
BLA:
• TMP 65-15 includes 160.87 acres and the proposed BLA would move 99.08 acres and transfer
it to TMP 81-57, leaving TMP 65-15 with 61.79 acres
Central Office 1900 Natural Resources Drive, Suite 800 1 Charlottesville, VA 22903
www.virginiaoutdoorsfoundation.org
Page 2, ALB-01905 BLA Review 20200515
• TMP 81-57 includes 91.93 acres and the proposed BLA would add 99.08 acres creating a
parcel of 191.01 acres under TMP 81-57.
The new boundary survey plat associated with the proposed BLA revises the acreage of the four TMP
involved from the acreage indicated in the DOE legal description and current county real estate tax
assessments. The DOE identifies 1985 and 1991 recorded survey plats in the legal description but
given that these were completed decades ago, it is reasonable that the new survey provides more
accurate data on the boundary. The updated survey for TMP 65-1513, 65-15, 81-57, and 81-58 include
a revised acreage that is a reduction of 3.43 acres of the remaining easement land under Trust
ownership. The legal description within the DOE originally quoted the document governing —507 acres
which is considered one parcel for the purposes of the easement irrespective of the number of tax
parcels covered and the restrictions apply to the entire property. The revised acreage based on the new
survey plat is—503.34 acres. The easement allows for two subdivisions (three parcels) and on May
31 st, 2018, at Instrument # 200800005925, the Trust conveyed 182.51 acres (comprising five (5) tax
map parcels) to Timothy Mullins, which was the first of the two allowed subdivisions.
On April 30th, VOF Staff spoke with your attorney, Kristina Hofman, with Payne & Hodous, L.L.P.,
regarding the proposed BLA. During the conversation it was confirmed that the Trust will sell two
existing TMPs, #81-58 (22.84 acres) and #65-1513 (45.39 acres) and the revised #81-57 (191.01 acres)
for a total of 259.24 acres to a buyer utilizing the last subdivision right under the DOE. The residue of
61.79 acres, being the final parcel allowed under the DOE, will be retained by the Trust.
To avoid confusion in the future, VOF staff requested that Ms. Hofman have the three (3) existing
TMPs that make up the sale parcel of 259.24 acres consolidated into one parcel prior to transfer to the
buyer. She indicated that given the County's regulations regarding TMP and development rights, those
existing TMP could not be consolidated. However, Ms. Hofman agreed that the transfer deed will
include language that the 259.24 acres does not have a division right under the DOE and must always
be sold as one property irrespective of the number of existing TMP. Please also remember to allocate
dwelling rights for the sale parcel in the transfer deed.
VOF acknowledges that the consolidation of the existing Albemarle County TMPs is not required by
the terms of the DOE. However, no future subdivision of the 259.24 acres will be allowed by VOF.
Please provide a draft of the deed of transfer for VOF review and comment prior to finalizing this
document for signatures to ensure correct allocation of dwelling rights and language regarding the lack
of subdivision rights. Feel free to contact me with any additional questions or comments at 540-422-
5011 orjaltice@vof.org.
Respectfully,
Justin Altice
Stewardship Specialist
CC [SENT BY EMAIL ONLY]: Kristina M. Hofmann, Attorney at Law, Payne & Hodous, L.L.P.
Central Office 1900 Natural Resources Drive, Suite 800 1 Charlottesville, VA 22903
www.virginiaoutdoorsfoundation.org