HomeMy WebLinkAboutSUB202100027 Review Comments Family Division Plat 2021-04-05County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
434-296-5832
Memorandum
To:
David Linke
From:
Christopher Perez, Senior Planner
Division:
Current Development
Date:
April 5, 2021
Subject:
SUB202100027 Barnett - Family Division
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.]
1. [14-212(A)(1)] Prior to final subdivision plat approval the County shall verify the division meets all
requirements of Section 14-212(A)(1). In order for the County to verify that Mike Barnett and his
granddaughter qualify to subdivide the property through a family division please provide a copy of the
Trust instrument for the Alice Barber Barnett Revocable Trust. It would be very helpful if the owner or his
legal representative would point out the specific provision(s) of the Trust that address each of the following
Ordinance requirements, as each will need to be addressed for the division to be permissible.
"Land owned as part of a trust for estate planning purposes may be considered to be owned by the current
owner or a member of his or her immediate family upon consideration of the following factors:
(i) the title to the real property is in the name of one or more of the trustees;
(ii) if there is more than one trustee, the intended grantee is a qualifying member of each trustee's
immediate family;
(iii) if there is more than one trustee, all of the trustees agree in writing to the family subdivision,
(iv) under the trust instrument, the trustee(s) retain complete control over the trust assets, and
(v) the trust instrument allows the trustee(s) to convey real property."
2. 114-212(A)(1), 14-303(0)1 If there is more than one trustee, all of the trustees agree in writing to the family
subdivision. Add each trustees name and signature block with a space for notary to the plat for them to
sign.
3. [14-302(B)(7)] Revise note #6 to state: "This property lies in the Stockton Creek Water Supply Watershed
and the Upper Mechums River Water Supply Watershed, which are both an Albemarle County and/or City
of Charlottesville water supply watershed "
4. 114-212(C), 14-3161 Approval of entrance onto public streets. Prior to final plat approval submit
documentation from VDOT that the entrance along Burchs Creek Road (Route 689) complies with their
standards for the number of lots served by the entrance. Please provide this documentation. If you do not
have it, do not worry I have forwarded the plat to VDOT for their review.
5. 114-212(B)l Conditions of approval. The subdivider shall place a restrictive covenant on the lots created by
the family subdivision. A template for this covenant is attached. Please utilize the template and submit the
it with the revised plat. County Attorney approval is required prior to final plat approval.
6. 114-309 & 14-3101 Soil evaluations; Health Director Approval ofwells and septic systems. Approval by
the Health Department is required before the plat can be approved. For Parcel W 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. Once received the agent will forward them onto the
Health Department for review and approval.
7. 114-302(B)11 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.org/countycode. 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 cperez(a),albemarle.orQ or 434-296-5832 ext. 3443 for further information.