HomeMy WebLinkAboutSUB202100139 Application 2021-08-12•
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APPLICATION FOR BOUNDARY LINE ADJUSTMENT PLAT
Boundary Line Adjustment = $246.48
$237+$9.48 Technology surcharge
Project Namestinhouse Ridge Lot 10
Tax map and parcels Tax Map 85, Parcels 29A9 and 34A
7.nninu RA
Physical Street Address (if assigned): 6470 Plank Rd.
Applicant Bradley A. and Marcy L. Daniel, Co -Trustees of the Daniel Living Trust, Dated 11-27-18
Street Address 938 Apero Way
City El Dorado Hills state CA Zip Code 95762
Phone Number (540) 986-5568
Email
Owner of Record Bradley A. and Marcy L. Daniel, Co -Trustees of the Daniel Living Trust, Dated 11
Street Address same as above
City state Zip Code
Phone Number
Email
Contact (who should we contact about this project): Kirk Hughes, L.S./Kirk Hughes & Associates
Street Address 220 E. High St.
City Charlottesville State VA Zip Code 22902
Phone Number (434) 296-6942
Email-kirk@khals.net
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
0111: I r"K•
APPLICATION FOR BOUNDARY LINE ADJUSTMENT PLAT
Owner/Applicant Must Read and Sign
The plat application process includes providing the County with all the information required in Chapter 14
Subdivision of Land of the Albemarle County Code.
The foregoing information is complete and correct to the best of my knowledge. I have read and understand the
provisions of Chapter 14 Subdivision of Land of the Albemarle County Code.
By signing this application I am consenting to written comments, letters and or notifications regarding this
application being provided to me or my designated contact via fax and or email. This consent does not preclude
such written co mmu cation from also being sent via first class mail.
August 4, 2021
Signature of KwnVYontract Purchaser, Agent Date
Kirk Hughes, L.S. (Agent) (434) 296-6942
Print Name
Sec. 14-208.1 Boundary line adjustments.
Daytime phone number of Signatory
The following sections shall apply to each boundary line adjustment, when applicable:
A. General: Sections 14-100 through 14-108,
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BOUNDARY LINE ADJUSTMENT PLAT CHECKLIST
B. Administration and procedure: Sections 14-200 through 14-204, 14-209, 14-212.1, 14-231 and 14-231.1.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (2), (3), (4), (5),
(6),(7),(9), (10), (11),(14), (15) and (16), 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10), 14-303(A), (B),
(C), (D), (E), (F), (G), (14), (I), (L), (0) and (P), 14-307, 14-307.1, 14-318; if any lot will be less than five (5)
acres, the soil evaluation required by section 14-309, 14-310, 14-312 and 14-314.
D. On -site improvements and design: Sections 14400, 14405, 14406, 14-416, 14-421, 14-426 through 14-
429, 14-433, 14-438 and 14-441.
Sec.14-300 Persons authorized to prepare plat.
Each plat shall be prepared by a professional engineer or a land surveyor, to the limits of his license.
Sec. 14-301 Form and style of plats.
Each subdivision plat shall comply with the following;
A. Standards. Except as otherwise provided in subsection (E), each plat shall meet the standards for plats set
forth in 17 VAC 15-60-10 et seq.; provided that each final plat to be submitted for recordation in the office
of the clerk of the Albemarle County circuit court shall meet the standards for plats set forth in 17 VAC 15-
60-10 et seq.
B. Scale. The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as may be
approved by the agent in a particular case.
C. Size. The plat shall be prepared on one (1) or more sheets, provided that no sheet shall exceed twenty-four
(24) inches by thirty-six (36) inches in size, and further provided that if the plat is prepared on more than one
(1) sheet, match lines shall clearly indicate where the several sheets join.
D. Approximate North. The top of each sheet shall be approximately north.
Sec. 14-302 (A) Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in
order for a preliminary plat to be deemed complete under section 14-218:
® Name of subdivision. The title under which the subdivision is proposed to be recorded. The title shall not
duplicate or be a homonym of an existing or reserved subdivision name within the county, the City of
Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing
subdivision.
C� Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet showing the property
and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if
the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been
approved, in detail adequate to describe the location of the property without field review.
�I 3. Existing or platted streets. The location, width and names of all existing or platted streets and all other
rights -of -way.
LJ 4. Private easements. The location and dimensions of all existing and proposed private easements.
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BOUNDARY LINE ADJUSTMENT PLAT CHECKLIST
Existing easements shall be labeled with the deed book and page number and the name of the owner of
record.
® 5. Public easements. The location and dimensions of all existing and proposed public easements outside
of a street right-of-way. Existing easements shall be labeled with the deed book and page number and the
name of the public owner of record. Proposed easements shall be labeled as "dedicated to public use."
® 6. Alleys and shared driveways. The location and dimensions of all easements for alleys and shared
driveways.
® 7. Existing and departing lot lines. If the property consists of more than one existing lot, then the
identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the
location of departing lot lines of abutting lots.
® 9. Building sites on proposed lots. The location, area and dimensions of a building site on each proposed
lot complying with the requirements of section 18-4.2. The plat shall also contain the following note:
"Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site that
complies with section 4.2.1 of the Albemarle County Zoning Ordinance."
® 10. Right of further division of proposed lots. The number of lots, as assigned by the subdivider, into
which each proposed lot may be further divided by right pursuant to section 18-10.3.1, if applicable. The
plat shall also contain the following note: "Parcel [letter or number] is assigned [number]
development rights and may/may not be further divided and when further divided these rights shall
not comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining
[number] development rights and when further divided it shall not consist of more than [number] acres."
Development rights need not be assigned to a special lot.
® 11. Instrument creating property proposed for subdivision. The deed book and page number of the
instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the
county.
❑ 14. Land to be dedicated in fee or reserved. The location, acreage, and current owner of all land
intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of
lot owners in the subdivision.
® 15. Identification of all owners and certain interest holders. The names and addresses of each
owner of record and holders of any easements affecting the property.
❑ 16. Dam break inundation zones. The limits of a dam break inundation zone.
Sec.14-302 (B) Contents of preliminary plat.
B. A preliminary plat shall also contain the following information, provided that the
preliminary plat shall not be deemed incomplete for purposes of section 14-218 if it does not include this
information in the initial plat submittal:
® 1. General information. The date of drawing, including the date of the last revision, the number of
sheets, the north point, and the scale. If true north is used, the method of determination shall be shown.
® 2. Name of plat preparer. The name of the person who prepared the plat.
® 4. Places of burial. The location of any grave, object or structure marking a place of burial located on the
property.
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BOUNDARY LINE ADJUSTMENT PLAT CHECKLIST
® 5. Zoning classification. The zoning classification of the property, including all applicable zoning
overlay districts, proffers, special use permits and variances.
® 6. Tax map and parcel number. The county tax map and parcel number of the property.
® 7. Reservoir watershed; agricultural -forestal district. A notation as to whether the land is within an
Albemarle County and/or City of Charlottesville water supply watershed or an agricultural -forestal district.
® 9. Flood plain. The location of any part of the property within the flood hazard overlay district, as set forth
in section 18-30.3.
® 10. Stream buffers. The location of stream buffers required by the water protection ordinance, with the
following note: "The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle
County Water Protection Ordinance."
Sec. 14-303 Contents of final plat.
In addition to containing all of the information required by section 14 -302, except for the information
required by section 14-302(A)(12), a final plat shall contain the following information:
® A. Statement of consent to division. A statement that: "The platting or dedication of the following
described land (insert a correct description of the land subdivided] is with the free consent and in accordance
with the desire of the undersigned owners, proprietors and trustees, if any."
® B. Section name or number. The name or number of the section if the property is a part of a larger piece
of land.
® C. Boundary fines. The exterior boundary lines of the property with bearings in degrees, minutes
and seconds. Curvilinear data shall include radius, central angle, arc length, and tangent distance. All
dimensions shall conform to the standards set forth in this chapter.
® D. Acreage of lots. The total acreage of each existing lot and each proposed lot.
® E. Dimension standards and information on all lots, streets, alleys, easements, and shared driveways.
All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private
easements and shared driveways shall conform to the requirements set forth in 8 VAC 10-20-370(C), a
copy of which shall be on file in the department of community development. Curvilinear data shall include
radius, central angle, arc length, and tangent distances and may be shown either directly on the
corresponding boundary or surveyed line or in table form. Easements shown for private streets, alleys and
shared driveways shall be labeled as "private street easement', "alley easement' or "shared driveway
easement." The easement holder(s) shall be identified on the plat. If shared driveways are shown, a note
shall be added to the plat stating that maintenance shall be by the owners of the lots affected by the shared
driveway easement, not by the Virginia Department of Transportation or the county.
® F. Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers;
blocks shall be identified by letters; lots shall be identified by numbers, assigned in numerical order.
❑ G. Ownership of common areas. The intended ownership of all common areas.
® H. Monuments. The location and material of all permanent reference monuments. Monuments
found or installed prior to plat recordation may be referred to if they are permanent and
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BOUNDARY LINE ADJUSTMENT PLAT CHECKLIST
undisturbed. If any monument required by this chapter will be installed after recordation of the final plat, the
certification of the professional engineer or land surveyor shall so note.
® I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2)
permanent monuments on the exterior boundary of the property and further tie to existing street
intersection where possible and reasonably convenient.
® L. Public utility, drainage and sight distance easements. The location and dimensions of each public
utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement,
include a note stating the deed book and page number.
® O. Signature panels. Signature panels for each owner and for the agent or his designee. The signature
panel for the owner shall be located immediately below the statement required by paragraph (A).
® P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
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BOUNDARY LINE ADJUSTMENT PLAT CHECKLIST
Documents and or information to be submitted with Plat, as applicable
❑ Stream crossings. [Sec. 14-307]
❑ Dam break inundation zones. [Sec. 14-307.11
If any lot will be less than five (5) acres.
❑ Soils evaluations. [Sec. 14-309]
❑ Health Director Approval. [Sec. 14-310]
❑ Location of existing buildings. [Sec. 14-312]
❑ Identification of all interests of the County in property. [Sec. 14-314]
SEE CODE For Sections 14-400,14-405, 14-406,14-416, 14-421,14-426 through 14429,14-433,
14-438 and 14-441.
Read and Sign
In representing the above referenced firm submitting this plat for preliminary approval, I hereby state that, to
the best of my ledge, the attached plat contains all information required by this checklist.
August 4, 2021
Signature of'pcVtdn completing checklist Date
Kirk Hughes, L.S. (Agent) (434) 296-6942
Printed Name Daytime phone number of Signatory
938 Apero Way
El Dorado Hills, CA, 95762
August 3, 2021
RE: Boundary Line Adjustment Plat Request for Lot 10 Preservation Tract "Stillhouse Ridge'
Conservation Easement DB 3159-98
Albemarle Planning and Site Development Office
401 McIntire Road
Charlottesville, VA 22902
To whom It may concern:
This letter provides further information regarding the application for a boundary line
adjustment plat for the rural preservation development easement property TMP 85-29A9. As
you may be aware, when the easement was created in 2006, there was a small encroachment
of part of the neighbor's residence and parking area on TMP 85-34A.
As the new owners of TMP 85-29A9, we would like to resolve this issue so we can move
forward to build our home and continue stewardship of the land as originally intended by the
easement. We have worked with the neighbor to identify an adjacent land swap that will
preserve the original easement property size. We believe that this mutually agreeable solution
is "essential to the orderly development and growth of the locality" 10.1-1704(A)(i)(a) and "in
accordance with the official comprehensive plan for the locality" 50.1-1704(A)(i)(b). At the
moment this land is unoccupied and unmanaged. By correcting this issue, we can move forward
with our construction financing to build our home on the property, and thus expedite our
timeline to be present and begin active management of the open land and forest.
We are aware that this will require a conversion pursuant to Virginia Code 10.1-1704. Please
see the attached plat that shows the proposed land swap. We have provided documentation
from a licensed realtor that they the land exchanged is of a least equivalent value pursuant to
1704(A)(ii)(a). The land where the encroachment occurs that is currently part of the easement
is developed and includes a driveway and parking area. The land that will be provided in
exchanged is undeveloped agricultural and forested area that is more in keeping with the intent
of the easement.
We purchased this land because of our desire to become stewards of the land and to live in an
area that is surrounded by healthy open land and forest. We believe this swap will achieve a
permanent solution. We trust that you will move with expediency to approve this so that we
can move on to plan our home and relocation so that we can be active managers of the land.
Please do not hesitate to contact me with any questions at (540)-986-5568. Even before we
purchased the land, we have been transparent about our intentions and we value the
interactions we have had with planning staff. We are more than willing, to appear in a meeting
or hearing as necessary to satisfy any requirements.
Sincerely,
Bradley . & Marty L. Daniel, Co -Trustees of the niel LivingTrust Dated November
ber 27, 2018
cc: James P. Cox, III, Esq., MichieHamlett
Kirk Hughes, Kirk Hughes & Associates
NEST
REALTY
Bradley A. & Marcy L. Daniel, Co -Trustees of the Daniel Living Trust, Dated November 27, 2018
938 Apero Way
El Dorado Hills, CA, 95762
August 2, 2021
RE: Boundary Line Adjustment Plat Request for Lot 10 Preservation Tract "Stillhouse Ridge"
Conservation Easement DB 3159-98
Albemarle Planning and Site Development Office
401 McIntire Road
Charlottesville, VA 22902
To Whom It May Concern:
The purpose of this letter is to inform you that I have reviewed the proposed Boundary Line Adjustment Plat request and
the land that is being exchanged is of equivalent market value. In fact, by formalizing this exchange and cleaning up the
boundary encroachment that predates the conservation easement, and exchanging land that is a driveway for
undeveloped agricultural and forested land, the value of the easement parcel could be enhanced.
The land that the owners of TMP 85-29A9 (Daniel) would provide to the owner of TMP 85-34A (Crisler) involves a
portion of the home and driveway that is encroaching (Parcel "X") in exchange for undeveloped, agricultural and
forested land (Parcel "Y"). Parcel "Y" is more aligned with the intent of the Rural Preservation Development Easement.
As a real estate professional who has been actively operating in Albemarle County for many years, I believe the value of
the exchanged parcels to be of equivalent market value. Please do not hesitate to contact me with further questions.
Sincerely,
(..U.tku
Lori Runkle Meistrell
Associate Broker, Nest Realty
126 Garrett Street, Suite D
Charlottesville, VA 22902
Nest Realty 1 126 Garrett Street Suite D, Charlottesville, VA 22902 1 434.566.0121 1 www.nestrealty.com Will