HomeMy WebLinkAboutSUB202000218 Review Comments Family Division Plat 2021-02-03OF
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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832 Fax 434-972-4126
Memorandum
To: Gwen Lacy (gwen@raysurveying.com)
From: Paty Saternye, Senior Planner
Division: Planning
Date: January 13, 2021
Rev. 1: February 3, 2021
Subject: SUB2020-218 Joseph H. Clark - Family Division
The County of Albemarle Planning Division will recommend approval of the plat referenced above once the
following comments 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, which is to the Subdivision/Zoning
Ordinances unless otherwise specified.]
1. [14-212] Family subdivisions. Address the following:
a) A signed and notarized affidavit verifying family relationship was submitted. This must be
recorded with the family subdivision plat.
Rev. 1: Comment not vet fully addressed. The affidavit must be recorded with the family
subdivision plat.
b) A signed and notarized family division declaration was submitted. This must be recorded with the
family subdivision plat.
Rev. 1: Comment not vet fully addressed. The declaration must be recorded with the family
subdivision plat.
c) A deed of gift or sale has not yet been submitted. Please submit the deed for review and approval.
This must be recorded with the family subdivision plat.
Rev. 1: Comment not vet fully addressed. Address the following:
i. A deed of gift has been submitted. However, this deed includes the wife of Joseph H. Clark
(the son) which was not shown on the affidavit (see above) previously submitted and is not
allowed except under specific circumstances outlined in 14-212(B). If circumstances
outlined in 14-212 exist, then provided official documentation from the lending institution
proving this to be the case. Otherwise remove the wife from the deed.
ii. Since the restrictive covenants mentioned in 14-212(B) (the family division declaration
mentioned above) is a separate document from the deed of gift the deed should specify
that it is "subject to" that declaration that will be recorded after it, as is specified for the
maintenance agreement.
iii. There have been no revisions made to the plat. Therefore, the "as last revised" portions of
the deed (in the first paragraph and in the description of Exhibit A) should be removed.
[14-317] Instrument evidencing maintenance of certain improvements. Revisions to the
maintenance agreement template have been made. Two of these should be revised to again
match the template. Address the following:
a. In the section on "Minimum Standards", in the last sentence, the first instance of "at all
times" should be included. It should read "The Street shall at all times be..".
Rev. 1: Comment not vet addressed. Address the comment. This required change does not
appear to have been made despite the email from the County Attorney's office on 1/19/2021
confirming it was required. Revise the instrument to use the wording specified.
b. Once these edits have been made the Private Improvement Maintenance Declaration
must be signed, notarized, a copy of the signed and notarized document submitted to the
County, and then the original recorded with the family subdivision plat.
Rev. 1: Comment not vet addressed. Address the comment. Once these edits have been
made the Private Improvement Maintenance Declaration must be signed, notarized, a
copy of the signed and notarized document submitted to the County, and then the
original recorded with the family subdivision plat.
Please contact Paty Saternye in the Planning Division by using psaternye@albemarle.org or 434-296-5832 ext.
3250 for further information.
CC: Joseph H. Clark
Hugh N. Clark, III & Charlotte B. Clark