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Home My WebLink AboutSUB202100067 Review Comments Family Division Plat 2021-06-14County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Phone 434-296-5832 Memorandum To: David Jordan, Commonwealth Land Surveying, LLC (dave(a vacls.com) From: Andrew Reitelbach, Senior Planner Division: Planning Date: June 11, 2021 Subject: SUB2021-00067 Knicely Property — Family Division Fax 434-972-4126 The County of Albemarle Planning Division will grant or recommend approval of the 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. [14-308.1] A Tier 2 Groundwater Assessment is required for this proposed subdivision, as each proposed lot is less than 21 acres. Pay the $355 fee that is required to initiate this assessment. 2. [14-302(A)10] Revise note 415 on the plat. Existing Tax Map Parcel 45-59E1 has only two development rights, so one development right is being assigned to each of the two new lots being created. Lot 1 and Lot 2 are each being assigned one development right, and neither lot can be further divided. 3. [14-302(B)1] Provide the date of last revision of the plat on subsequent submittals of this plat. 4. [14-302(B)8] Provide the setbacks that are required for this property, including front, rear, and side yards. In addition, identify the setbacks of the existing house on proposed Lot 1 so that staff can ensure setbacks can continue to be met for this structure based on the new property lines. 5. [14-303(M)] It appears that with this proposed subdivision, a road name will be required for the right-of-way, as there will be at least three structures with access from that right-of-way: Lot 1, Lot 2, and the house on TMP 45-59E. For more information, see the attached letter regarding road names from Elise Kiewra, GIS Specialist. 6. [14-232; 14-2331 Provide information on the conditions of the right-of-way that will serve each of these two lots, such as width of the travelway and surface material, for the County Engineer to review. See also 14-410(F) and 14-412(A)4. 7. [14-309; 14-310; 14-4161 As each of the proposed new lots will be less than five acres, soils evaluations are required to be provided and approved by the Health Department. Submit soils evaluations for this property for transmittal to the Health Department, or submit previous approvals from the Health Department that there are suitable sites on the property for private wells and sewerage systems. 8. [14-412(A)4] Include the following note on the plat: "The existing and/or proposed right-of- way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 14-412 of the Albemarle County Code." 9. [14-212(D)] Include the following note on the plat: "No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible `member of the immediate family,' as that term is defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of recordation of this plat except as authorized by section 14- 212(A) of the Albemarle County Code. If any lot created by the recordation of this plat is conveyed back to the grantor during the four (4) year period, it shall be recombined with the parent lot within six (6) months after such conveyance." 10. [14-211; 14-2121 As a family division, a signed affidavit from the current property owner, a declaration of restrictive covenant, and a private improvement maintenance agreement are required to be provided with the plat. See below for a copy of the affidavit that must be completed, signed by the property owner, and notarized. This affidavit must be submitted to the Community Development Department. In addition, there are attached templates for the restrictive covenant declaration and the private improvement maintenance agreement. Complete these templates with the appropriate information and return with the resubmittal of this plat. These templates require approval by the County Attorney's Office before the plat can be approved. These documents will also need to be recorded with the plat once the plat is ready for approval. Please contact Andrew Reitelbach in the Planning Division at areitelbachgalbemarle.org or 434-296- 5832 ext. 3261 for further information. Phone (434) 296-5832 I, Map Parcel COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Fax (434) 972-4126 AFFIDAVIT Verifying Family Relationship of Grantor to Grantee (property owner/Grantor) hereby certify that the subdivision of Tax is a family subdivision in accordance with Sections 14-208, 14-211, and 14-212 of the Albemarle County Subdivision Ordinance, and that the table below outlines the relationship of each Grantee to the Grantor. I acknowledge that I have read and understand Sections 14-208, 14-211, and 14-212 of the Albemarle County Subdivision Ordinance which is attached to this affidavit. Grantee(s) I Relationship to grantor I Parcel/Lot Property Owner/Grantor Date COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_ by Grantor. My Commission Expires: Notary Public 1 File: Original to Subdivision file SUB- Member of the immediate family. The term "member of the immediate family" means the natural or legally defined off -spring, grandchild, grandparent, or parent of the owner of property. (Section 14-106) 14-208 Family subdivisions. The following sections of this chapter shall apply to each family subdivision, when applicable: A. General: Sections 14-100 through 14-108. B. Administration and procedure: Sections 14-200 through 14-204, 14-208, 14-209, 14-211, 14-212, 14-231, 14- 231.1, 14-232(B) and 14-236. C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (M), (N), (0), (P), (Q) and (S), 14-304, 14-305(B), 14-307, 14-307.1, 14-308.1, 14-309, 14- 310, 14-312, 14-314 and 14-318. D. On -site improvements and design: Sections 14-400, 14-401, 14-402, 14-403; if a private street will be constructed or approved as authorized by section 14-232(B)(1), then also sections 14-316, 14-406, 14-410(F) and 14-412(A)(4); if any part of the property within a proposed family subdivision is within the jurisdictional area of the service authority, then also section 14-414, but if not, each lot, including a lot not required to connect to public sewer service pursuant to section 14-414, which is less than five (5) acres, shall comply with the requirements of sections 14-416, 14-421 and 14-426 through 14-441. ((§ 18-57 (part): 8-28-74, 10-17-79, 12-21-83, 4-13-88, 1-3-96, 9-5-96) (§ 18-58 (part): 8-28-74, 9-5-96) §§ 18-57, 18-58, § 14-208, Ord. 98-A(1), 8-5-98, Ord. 05-14(1), 4-20-05, effective 6-20-05, Ord. 13-14(1), 12-4-13, effective 1-1-14) State law reference--Va. Code §§ 15.2-2241(9), 15.2-2244(C). 14-211 Family subdivisions; conditions precedent. A family subdivision shall be approved only if, in addition to satisfying all other applicable requirements of this chapter, the agent is satisfied that: A. Only one lot is created for transfer by sale or gift to the same family member. B. The subdivider has not previously divided any other land within the county by family subdivision for transfer by sale or gift to the same family member. C. Each lot proposed to be created complies with all applicable requirements of the zoning ordinance. D. If the lot proposed to be created will be transferred to a member of the immediate family owning an abutting lot, the family subdivision lot shall be combined with the abutting lot and shall be so noted on the plat by appropriate symbol and wording. (8-28-74; 10-17-79; 12-21-83; 4-13-881 1-3-96; § 18-57, 9-5-96, § 14-211, Ord. 98-A(1), 8-5-98, Ord. 05-14(1), 4-20-05, effective 6-20- 05) State law reference--Va. Code § 15.2-2244(C). File: Original to Subdivision file SUB- 14-212 Family subdivisions; conditions of approval. Each approval of a plat for a family subdivision shall be subject to the following conditions: A. No lot may be created by family subdivision unless it has been owned by the current owner or a member of his or her immediate family for at least four (4) consecutive years immediately preceding the date the family subdivision plat is submitted under section 14-209. For the purposes of this section, and subject to approval by the county attorney: 1. 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. A lot created by family subdivision may be conveyed to the custodian of a qualifying member of the immediate family under the Virginia Uniform Transfers to Minors Act (Virginia Code § 64.2-1900 et seq.) B. No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the subdivider, for a period of four (4) years after the date of recordation of the plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing, or if the lending institution requires in writing that the spouse of the member of the immediate family be a co -grantee and co-owner of the lot. The subdivider shall place a restrictive covenant on the lots created by the family subdivision prohibiting the transfer of the lots so created to a person who is not a member of the immediate family for the retention period after the date of recordation. The restrictive covenant shall be subject to review and approval by the county attorney before it is recorded. If the lot created is conveyed back to the grantor during the retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. C. The entrance of the principal means of access for each lot onto any public street shall comply with Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation. D. The following note shall be added to each plat for a family subdivision: "No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible `member of the immediate family,' as that term is defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code. If any lot created by the recordation of this plat is conveyed back to the grantor during the four (4) year period, it shall be recombined with the parent lot within six (6) months after such conveyance." (8-28-74; 10-17-79; 12-21-83; 4-13-88; 1-3-96; § 18-57, 9-5-96; § 14-212, Ord. 98-A(1), 8-5-98, Ord. 05-14(1), 4-20-05, effective 6-20- 05, Ord. 08-14(1), 2-6-08, Ord. 13-14(1), 12413, effective 1-114) State law reference-Na. Code § 15.2-2244(C). File: Original to Subdivision file SUB- COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 POTENTIAL ROAD NAME NOTICE Dear Customer, This is to notify you should you or anyone off the same shared driveway construct a third addressable structure in the future, a new private road name will be needed and the existing addresses will be changed to use the new road name. When a third addressable structure is built off a driveway / private road that already has two addresses, the driveway will need to have a private road name (regardless of whether it is required to have road improvements). A majority of the property owners whose property is served by the driveway/road will be sufficient to choose the official road name. Please contact our office to start this process early. Elise Kiewra GIS Specialist (434) 296-5832 ext. 3030 addressinfo@albemarle.org Revised: September 18, 2017