HomeMy WebLinkAboutSUB202000205 Review Comments Family Division Plat 2021-04-28OF
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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: Jeff Powell (JPowell@roudabush.com)
From: Paty Saternye, Senior Planner
Division: Planning
Date: January 6, 2021
Rev. 1: February 19, 2021
Rev. 2: April 28, 2021
Subject: SUB2020-205 New Parcel X TMP 34-71- 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(A)(1)] Family subdivisions; conditions of approval. Provide the recorded estate documents.
Family Division can only be allowed with specific types of estates, in order to meet the "immediate
family' criteria. Ensure that the estate can meet all criteria listed in 14-212(A)(1). If it cannot the plat
will be denied or will have to be submitted as a different type of division.
Rev. 1: Comment not yet addressed.
Rev. 2: Comment not yet fully addressed. The documentation provided was sufficient. However,
because of the "life trust' this property is owned by both Forrest McDaniel and Forrest Russel
McDaniel. Therefore, all documents will need to be revise to have both owners of the property listed
as grantors and both owners signing. Address the following:
a) Revise the affidavit "Verifying Family Relationship of Grantor to Grantee" to have both owners
listed and both owners signing the form. Please note this document must be recorded with the
plat. Ensure both relationships are included under "Relationship to grantor" (ex.
Granddaughter/daughter). Please note there is another required edit to the affidavit specified
below.
b) Revise the "Declaration" for the family division to have both owners listed and both owners
signing the form. Please note this document must be recorded with the plat.
c) See below about other required changes to the legal documents.
2. [14-212 (A) & (B)] Family subdivisions. Address the following:
a) Either remove the "Grandson in-law" from the affidavit of family relationship or provide
documentation showing that having him included has been mandated by the financial institution
providing the purchase money and/or construction loan, including refinancing. In -Laws do not
meet the requirement of being an "immediate family' member. This also applies to any deeds and
declarations/restriction documents.
Rev.1: Comment not yet addressed.
Rev. 2: Comment not vet addressed. The affidavit must be revised to no longer include the
"grandson in-law". In addition to the other revisions to the affidavit specified in these comment
make this change. Also, see above about required change because of the 'life trust' ownership.
e) After each of these documents have been approved, signed and notarized they must be recorded
with the plat.
Rev.1: Comment not yet addressed.
Rev. 2: Comment not vet fully addressed. After each of these documents have been approved.
signed and notarized they must be recorded with the plat.
10. Rev. 3: [New Commentl Because of the 'life trust' this parcel has two owners. Revise the subdivision
plat to have two owners signature areas and both owners signing the plat. Ensure the revision date is
updated as well.
11. Rev. 3: [New Comment] Revise all legal documents to include the new plat revision date in the
description of the plat.
a) The Deed of Gift
b) The Declaration
Please contact Paty Saternye in the Planning Division by using psaternye@albemarle.org or 434-296-5832 ext.
3250 for further information.
CC: Grace Steljes
Forrest McDaniel