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Home My WebLink AboutSUB202000147 Correspondence 2020-09-14Cameron Langille From: Sent: To: Subject: Yep, that sounds good to me. --Scott Scott Clark Monday, September 14, 2020 2:21 PM Cameron Langille Re: AFD BLA Question (was: Fw: land use reparceling From: Cameron Langille <blangille@albemarle.org> Sent: Monday, September 14, 2020 2:17 PM To: Scott Clark <Sclark@albemarle.org> Subject: RE: AFD BLA Question (was: Fw: land use reparceling Thanks Scott. This really helps! I will get the notes squared away on the plat so that it is clear that the acreage being transferred is still within the ag-forestal district and it sounds like that will take care of things. -Cameron From: Scott Clark <Sclark@albemarle.org> Sent: Monday, September 14, 2020 8:55 AM To: Cameron Langille <blangille@albemarle.org> Subject: Fw: AFD BLA Question (was: Fw: land use reparceling Hi, Cameron -- I wanted to forward you this conversation from back in July to answer your question about the Seay plat. The neighbors that they're acquiring the land from asked about this in advance. The conclusion was that the plat could be approved, but that the acreage being transferred from the AFD parcel remains in the AFD. It might be a good idea to modify the notes on the plat to state that, if they don't already. Let me know if you need any more information. --Scott From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, July 14, 2020 11:21 AM To: Scott Clark <Sclark@albemarle.org> Cc: Greg Kamptner <GKamptne@albemarle.org>; Margaret Maliszewski <MMaliszewski@albemarle.org> Subject: RE: AFD BLA Question (was: Fw: land use reparceling Scott, For what it's worth, I agree with your understanding of how Comity Code § 3-202(A)(3) would apply in this case. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attomey-c ieut privileged information, privileged work product or other confidential iufomnatiou. It is intended only for the designated recipient If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.org> Sent: Tuesday, July 14, 2020 10:36 AM To: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.org> Cc: Margaret Maliszewski <MMaliszewski@albemarle.org> Subject: AFD BLA Question (was: Fw: land use reparceling Greg and Andy -- Here is a question that has come up about a BLA involving an AFD parcel, and I'd like to verify that I'm reading the revised ordinance correctly before answering the landowner. The owner has a parcel of 64.84 acres that is in an AFD. Their neighbors have a parcel of 6.8 acre that is *not* in an AFD. The neighbors have a right-of-way over the larger parcel, and would like to buy 3 acres of the larger parcel that contain that right-of-way, so that they could own their access. Section 3-202(A)(3) list residential uses that are not considered to be "development to a more intensive use," and so are permitted in AFDs, including: (e) Boundary line adjustments of parcels where some land is within and some land is outside of a district. A boundary line adjustment pursuant to Chapter 14 between two or more parcels, where some land is within a district and some land is outside of a district, where the size of each resulting parcel within the district is at least 21 acres. A boundary line adjustment where some land is within and some land is outside of a district does not change the boundaries of the district. If I understand this subsection correctly, then my answer to the landowner would be that (1) the BLA would be permitted (if it meets all subdivision ordinance requirements), because the AFD parcel would still be over 21 acres, but (2) the boundaries of the district would not change, so the 3 acres transferred to the neighbors' property would remain in the district. Is that correct? Thanks! --Scott From: James Sams <lameswsams1956@gmail.com> Sent: Monday, July 13, 202012:55 PM To: Scott Clark <Sclark@albemarle.org> Subject: Re: land use reparceling CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you Scott. The neighbors, John and June Seay parcel number is #36 on tax map 122. I believe their acreage is 7+ acres currently, and if we sold the three acres to them, totaling 10 acres, this would not qualify their parcel for the land use option. Our family used to own parcel #36 and sold that parcel to the Seay's many years ago. As said, we granted a right -of -way for driveway access at the time of their purchase and now they would like to purchase that right-of-way, prior to our family selling the family property. Secondary, how does parceling off and selling that 3 acres affect the land use status of the residual 61.84 acres of property? How also does it effect the rollback taxes, of both the 3 acres and of the main parcel? Thanks again for your help. On Mon, Jul 13, 2020, 12:03 Scott Clark <Sclark@albemarle.org> wrote: Hello -- Depending on the size of the neighbor's property and whether or not their property is in the District, this change may or may not be possible. If you could let me know which parcel you're talking about exchanging with (and verifying that you're talking about exchanging, and not creating a separate 3-acre parcel), I will investigate for you. I may need to verify what I find with our attorneys to make sure of giving you the correct answer, since the ordinance that governs the Districts was recently rewritten. --Scott From: James Sams <0ameswsams1956@gmail.com> Sent: Monday, July 13, 2020 11:23 AM To: Scott Clark <Sclark@albemarle.org> Subject: land use reparceling CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Good morning Scott, I have been in communication with Brent Nelson regarding the possible selling of 3 acres of 64.84 acres which is now under land use status. He has referred you to me. The property in question is tax map 122 parcel 33, Marion Lee Sams family trust in Scottsville District. Our mother passed away July 2019 and we are currently settling her estate and will sell all the property and house. Our neighbor has requested to purchase the approximate 3 acres that their driveway is through, which our mother granted right-of-way access to their land -locked home and property, This approx 3 acres was in fact surveyed, (but unrecorded I think) 10 years ago, but the sale with our mother never went through. This would be a nice neighbor thing to do, if possible, before selling the larger acreage. Although it would seem that this might not be possible by Brent's following comments, especially the part of "prohibiting"!? Any clarification would be most helpful. Please call me if you would like at 720-207-7333. That is a colorado number but I am in Charlottesville now. Sincerely, James Sams (My question to Brent) Anything else that you would like to add to inform me of procedures and legalities would be most appreciated. (Brent's response) As you noted, this parcel is currently enrolled in the Carter's Bridge Ag/Forestal District Program. This is a voluntary program in which landowners commit to keep their land intact for periods of up to 10 years. Land enrolled in this program has limited development potential; see Chapter Three of the ALBEMARLE COUNTY CODE for the restrictions and benefits of this program. Scott Clark, Senior Planner (sclark@albemarle.ore) oversees the Agricultural Forestal District Programs for the County. You need to contact him regarding the ability to do your proposed 3 acre subdivision of this parcel . I am thinking the terms of your enrollment in that program may prohibit this 3 acre subdivision but he is the authority on this, not me.