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HomeMy WebLinkAboutSUB201900065 Plat - Submittal (First) Final Plat 2019-05-01 . • ) Patricia Saternye From: Patricia Saternye Sent: Wednesday, May 01, 2019 4:30 PM To: Tim Stanley Subject: SUB2019-65 McCormack subdivision - BLA concept Attachments: CHAPTER 14 fees.pdf;CHAPTER 14-232 private streets rural area.pdf;SUB2019-65 McCormack subdivision - BLA possibility 5-1-2019.pdf Tim, Attached is the information we discussed over the phone. There are two main issues that would cost more time and money to your applicant than was probably considered. First,the fee you paid is not sufficient because the access road to the proposed lot crosses two other lots. The two-lot subdivision fee of(14-203 A) 1)a))specifies"Two-lot subdivision as described in section 14-232(B)(2)..." Section 14-232(6)(2)specifies that a private street is approvable for a two-lot subdivision in the rural areas"... if the division contains only two lots and the private street will serve only those lots and will be the sole and direct means of access to a public street." Crossing lot TMP 129-8,and TMP 129-8's access to the state road in addition to the other two lots, means what you proposed does not meet the criteria of 14-232(6)(2). So,the fee then changes to the fee for 1 to 9 lots of$1,075. Second, it also means that the planning commission must be the one to approve the private street and not the agent. As you probably know the process of submission to the planning commission requires more time and information/graphics, and there is no guarantee that they will approve the private street. The increased fee mentioned above is primarily to cover the extra staff time in order to do the more extensive review under these cirucumstances. The idea (broached on the phone is, if the owner does not specifically need all 3 lots as separate lots,is to do a BLA instead. Attached is a very rough sketch of what I tried to describe on the phone. Of course all requirements would need to be met, but they would be the BLA requirements versus the final subdivision plat requirements. ' If all the owner needs is Lot X created,and they really don't need the other two parcels to be separate,this is a way to accomplish what they need for less cost and less County approval processes. 1 Please let me know how you and your client want to move forward. I will delay distributing the submission,to the reviewers until I know your decision. If you chose to go the BLA route,then we will draw the submission and submit a new submission for the BLA. The new(whole)fee for the BLA would then need to be paid,and the fee for the subdivision plat will later be refunded to you. The refund process is not a fast process however. Thanks, Paty Saternye Senior Planner Community Development 44:40''"�� oil: h �R66 * Albemarle County 1 f' 40TES: i The boundary survey shown for Lot X is based on a current field survey. OwnerMary - The residue property lines are based on a plat by Robert Lum date April 5, 1989. 8702 MaCghmink This Plat has been prepared without benefit of a current title 702 Langhorne Road ,r; report and does not therefore necessarily indicate all encumbrances Esmont, VA 22937 on the property. It is therefore subject to easements, restrictions, a conditions and reservations contained in duly recorded deeds, cu plats and other instruments constituting constructive notice in the c 73 chain of title to this property which have not expired by limitation .3 § of time contained therein or have not otherwise become ineffective. 2 - Curve Radius Tangent Length Delta Chord Chord Bear. _ _ 5 Cl 418.04' 15.80' 31 .58' 4°19'41 " 31 .57' S20°04'14" W �. �� ;� z ct \ >., LEGEND \ TM 129-7A 47.7 IS Iron Rod Set \ `�. Scottland Farm LLC c IF Iron Rod Found DB 2314-97 c'n DB 1194-245 plat DB 1197-462 plat \ , S ` , \ 6223. .a,N\ r) F 73 +',ham 3?10 • •S30 ° ., C',. / TM 129-7A ;o0i� ' streo / Scottland Farm LLC 64f WB 119-529 f er +••_ DB 1194-245 plat 1• • streo `.-- TM 129-9C ry3 LU,. _ 1• - Liberty Corner ' \ t..'.- Zone A ` _ er ---, -. Form LLC \ / Approximate flood-fi \ \ ' zone line \ ,.•_ Zone X \ of � \ cC . CO In Ni W TM 129-8A 300'x195' b t W) TM 129-8 \.,\ U Mary Frances McCormick M Mary Frances McCormick building site �� DB 4691-194 CO DB 4691-194 d 85.882 Ac. �� r ' a� , - ' a - Lot X 14.518 Ac. '� cS, Z Remaining Area=71.364 Ac. �``7��G�ps<<- 1,;- V "k�\ Q. r Z r)A.. ,: IS S27'20"34"E - , , 'fi x 2 Tu; jcS.,/ '68.39_ - _ ___ _ _:�"' c� 1/r ��` \ Oo 3`scS. r' F• IS - N78'47'27"E a� ?- i ,' ,'S08'22'21"E (fr y 100.18''2118.88 � 131.86 'tr>��`�. I S 1'S �i N44'53 09 E 103.98' IS F IS N81'24'20 E 18" F'' ked » Propose N61'31 45 E 232.74' _ t 505'12 38 E 50' ea ement 1j�S�._. I S N66'35'22"E -.IS'. , ' "300'x195' _ Vyalnut 262.98' 159.26 - osg bu.iGding•"site Lot X IS 0 3 N57'S2'27"E -I3"- - coX� 14.518 Ac. , S14'13 44 E °- - ,v- 176.86 'IS kips'. e< ..�•�' 1C -- drain field °' 255..7$'' �6 : ro //j' i tree' bu{{ hous 1 see detail °" CJ --L t�,''%' ., IS / eon`. ' 43S == =tg� t�1. -7 N41 50 33 E y s�<,• site N�4Q 6��-=:';j 1 31112' c� L=47.67' �. 219.71',./ c 7� =::::::::;-,---- u, -----driv a ;rr L=31.58 IS %/ / '�` PO 1674.52�� --driveway - IS S85'46'42"W Bent 0 IF ©89.,3'4' ,/ S85'46 42 W IF 22.03' SW ilit o w S30'07'23"E Co •R' 01 111 2 TM 129-9C ° III ,� � w Liberty Corner III " Farm LLC C5 o��,P' T " o iihf/ii`, III w �.J 10 PLAT SHOWING SUBDIVISION OF o r t TAX MAP 129 PARCEL 8A �' P.TIMOTHY STANLEY,JR n is Lic. No. 2862Ntl.. THE MCCORMICK PROPERTY c 9/B// �os- SAMUEL MILLER DISTRICT, ALBEMARLE COUNTY, VIRGINIA ti8 S U R`I�' N87'42'05"E ,� SCALE: 1" = 300' DATE. APRIL 8, 2019 86.71' .n Drainfield p �496 1290008A-Subd.dwg folder tm 129-8 N09'06'31"E 1 S14.59'00HE Course Bearing Distance 107.36' 7 498 ' 96.18' S► STANLEY LAND SURVEYS, PLC Li S82°39'05"W 129.56' house S82 9 05 W 1LAND SURVEYING-LAND PLANNING L2 N09°06'31 "E 107.36' site i 129 6 106 CROFTON PLAZA SUITE 8 L3 N87°42'05"E 86.71 ' k,--_-----------__----__-_::_-. L4 S14°59'00"E 96.18' ---^- -Dranfield detail 4- PALMYRA, VA. 22963-0154 0' 300' 600' 900' 1"=200' PHONE: (434) 589-8395 "l Sheet 2 of 2 ALBEMARLE COUNTY CODE 2. The lots will be used for non-residential or non-agricultural purposes. 3. General welfare. One or more private streets may be authorized if the general welfare,as opposed to the proprietary interest of the subdivider,would be better served by the construction of one or more private streets than by the construction of public streets. B. By the agent. The agent may authorize the following subdivisions to be developed with one(1)or more new private streets or shared driveways: 1. A family subdivision. 2. A two-lot subdivision in1111.1111111111111111111two lots and the private street 1.11.111.11111Vd will be the sole and direct means of access to a public. street. (8-28-74;§ 18-36,9-5-96;§ 14-232,Ord.98-A(1),8-5-98;Ord.05-14(1),4-20-05,effective 6-20-05) State law reference—Va.Code§15.2-2242(3). Sec. 14-233 When private streets in development areas may be authorized. A private street may be authorized in the development areas under the following circumstances, provided that the findings required by section 14-234(C)are made: A. By the commission. The commission may authorize a subdivision to be developed with one(1)or more new private streets in the following circumstances: 1. Neighborhood model development. The proposed private street(s)would enable the principles of the neighborhood model to be more fully implemented than could be achieved with a public street, without diminishing other principles of the neighborhood model, in the following circumstances: (i)the subdivision would have a streetscape more consistent with the neighborhood model; (ii)the subdivision design would allow it to better achieve the density goals of the comprehensive plan;(iii) rear vehicular access to buildings would be provided so that the buildings may face a common amenity;(iv) a significant environmental resource would be protected; or(v) relegated parking would be provided to a greater extent than could otherwise be provided. 2. Two-lot subdivision. The proposed private street(s) would be within a two-lot subdivision. 3. General welfare. The general welfare,as opposed to the proprietary interest of the subdivider, would be better served by the construction of one or more private streets than by the construction of public streets. B. By the agent. The agent may authorize one (1) or more new private streets in the following circumstances: 1. Subdivision containing attached dwelling units or non-residential uses. The proposed private street(s) would be in a subdivision containing attached dwelling units or non-residential uses where the units,groups of units,or non-residential uses are to be located on individual lots. 2. Family subdivisions. The proposed private street(s) would be within a family subdivision. (Ord.05-14(1),4-20-05,effective 6-20-05) State law reference—Va.Code§15.2-2242(3). 14-41 Supp.#31,7-14 . ' ALBEMARLE COUNTY CODE arbitrary or capricious, the subdivider may appeal the denial to the circuit court as provided in Virginia Code§ 15.2-2261. E. Rights attached to valid approved final plat.For so long as the fmal plat remains valid in accord with the provisions of this section, no change or amendment to any county ordinance, map, resolution,rule,regulation,policy or plat adopted after the date the plat was approved shall adversely affect the right of the subdivider or its successor in interest to commence and complete an approved subdivision in accordance with the lawful terms of the approved plat unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health,safety or welfare. F. Effect of minor amendments and boundary line adjustments. A subdivider's application for a minor amendment to an approved final plat or for a boundary line adjustment during a final plat's period of validity shall not constitute a waiver of the provisions of this section. The agent's approval of a minor amendment or a boundary line adjustment shall not extend the period of validity of the final plat. ((§ 14-229: Ord. 98-A(1), 8-5-98; Ord. 05-14(1),4-20-05,effective 6-20-05)(§ 14-230: Ord. 98-A(1), 8-5- 98;Ord.05-14(1),4-20-05,effective 6-20-05)(§ 14-231: §7, 8-28-74; § 18-50,9-5-96; § 14-231,Ord.98- A(1), 8-5-98; Ord.05-14(1),4-20-05,effective 6-20-05); §§ 14-229, 14-230, 14-231; § 14-231.1;Ord. 13- 14(1), 12-4-13,effective 1-1-14) State law reference—Va.Code§§15.2-2209.1,15.2-2241(5),15.2-2261. DIVISION 5. PROCEDURES FOR THE APPROVAL OF PRIVATE STREETS,SHARED DRIVEWAYS AND ALLEYS Sec.14-232 When private streets in rural areas may be authorized. A private street may be authorized in the rural areas under the following circumstances, provided that the findings required by section 14-234(C)are made: A. By the commission. The commission may authorize a subdivision to be developed with one(1)or more new private streets only under any of the following circumstances: 1. To alleviate significant degradation to the environment. One or more private streets may be authorized if: (i)the property is within either the rural areas(RA)or village residential(VR) zoning districts; (ii) the private streets will alleviate a clearly demonstrable likelihood of significant degradation to the environment of the property or any land adjacent thereto resulting from the construction of a public street in the same alignment;(iii)no alternative public street alignment is available which would alleviate significant degradation of the environment; (iv)no more lots are proposed on the private streets than could be created on a public street due to right-of-way dedication;and(v)the proposed private streets demonstrably promote sensitivity toward the natural characteristics of the land and encourages the subdivision of land in a manner that is consistent and harmonious with surrounding development. The term "significant degradation"means either: (a) The total volume of grading for construction of a public street would be thirty(30)percent or more than that of a private street in the same alignment,based upon profiles,typical sections, earthwork computations, and other information deemed necessary by the county engineer, submitted by the subdivider and reviewed by the county engineer;or (b) Environmental impacts including, but not limited to, erosion and sedimentation, stormwater runoff, surface water pollution, loss of tree cover and/or the loss of indigenous vegetation resulting from a public street,which would be substantially greater than that of a private street in the same alignment,based upon evidence submitted by the subdivider and reviewed by the county engineer and other qualified staff. 14-40 Supp.#31,7-14 ALBEMARLE COUNTY CODE H. Other matters subject to review: 1. Variation or exception under section 14-203.1 before approval of a final plat,not provided for under subsections(E)(4),(5),or(6):$892.00. 2. Variation or exception under section 14-203.1 after approval of a final plat,not provided for under subsections(E)(4),(5),or(6):$892.00. 3. Relief from plat conditions imposed by the commission prior to the date of adoption of this chapter: $419.00. 4. Appeal of a plat decision to the board of supervisors: $290.00. 5. Extension of a plat approval: $129.00. 6. Vacation of a plat or part thereof:$258.00. 7. Dam break inundation zones; administrative fee as required by section 14-441: One percent of the total amount of payment required by section 14-441 or one thousand dollars ($1,000.00), whichever is less. (Payment made to the Dam Safety, Flood Prevention and Protection Assistance Fund held by the Virginia Resources Authority). I. Notices as required by section 14-218: 1. Preparing and mailing or delivering up to fifty(50)notices: $215.00. 2. Preparing and mailing or delivering,per notice more than fifty(50): $1.08 plus the actual cost of first class postage. (§ 3, 8-28-74; 11-10-76;3-2-77; 12-14-77; 12-1-82;4-17-85;6-7-89; 12-11-91; § 18-43, 9-5-96; § 14-203, Ord. 98-A(1), 8-5-98; Ord. 99-14(1), 6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), adopted 12-8-04, effective 2-8-05;Ord.05-14(1),4-20-05,effective 6-20-05;Ord.09-14(1),5-13-09,effective 10-1-09;Ord. 11-14(1), 6-1-11;Ord. 13-14(1), 12-4-13,effective 1-1-14; Ord. 15-14(1),adopted 10-14-15, effective 11- 1-15) State law reference—Va.Code§15.2-2241(9). Sec.14-203.1 Variations and exceptions. The requirements of this chapter may be varied or excepted as follows: A. Exception from requirement to provide certain details in subdivision plat.The agent may except certain details of a plat and any other information required by sections 14-302 through 14-318 expressly authorized to be varied or excepted,as provided herein: 1. Request for exception. A subdivider requesting an exception shall submit to the agent a written request stating the reasons for the request and addressing the applicable finding in subsection(A)(2). 2. Finding. An exception may be approved if the agent finds that unusual situations exist or that strict adherence to requiring the details in sections 14-302 or 14-303 would result in substantial injustice or hardship. This finding shall be supported by information from the site review committee that all of the details required by sections 14-302 and 14-303 are not necessary for its review of the proposed subdivision, and from the zoning administrator, in consultation with the county engineer, that the details waived are not necessary to determine that the subdivision is developed in compliance with this chapter and all other applicable laws. 14-17 Supp.#34,1-16 ALBEMARLE COUNTY CODE 4. Plat for subdivision following final site plan approval: (a) 1 to 9 lots:$1,075.00 (b) 10 to 19 lots: $1,182.00 (c) 20 or more lots:$1,322.00 D. Easement plat or plats,per easement: 1. Easement plat(s)without a deed:$527.00. 2. Easement plat(s)with a deed:$817.00. 3. Easement plat(s)required with a site plan:$215.00. 4. Easement plat(s)amending a previously approved easement plat(s):$215.00. E. Streets: 1. Public road plans: $269.00 for each review of a submitted plan, including reviews of revisions after plan approval. 2. Private road plans: $430.00 for each review of a submitted plan, including reviews of revisions after plan approval. 3. Authorization for one or more private streets within a subdivision filed separately from a subdivision application:$720.00. 4. Variation to or exception from one or more street standards before approval of a preliminary plat under section 14-203.1:$581.00. 5. Variation to or exception from curb and/or gutter requirements before approval of a preliminary plat under section 14-203.1:$581.00. 6. Variation to or exception from street interconnection requirements before approval of a preliminary plat under section 14-203.1:$581.00. 7. If required to construct a street,the subdivider shall pay to the county a fee equal to the cost of the inspection of the construction of any such street. These fees shall be paid prior to completion of all necessary inspections and shall be deemed a part of the cost of construction of the street for purposes of section 14- 435(B). F. Bonds: 1. Bond estimate request for subdivision improvements:$269.00. 2. Bonding inspection for a plat or bond reduction:$269.00. G. Groundwater assessment information required by section 14-308.1: 1. Tier 1 assessment under section 17-1001:$54.00. 2. Tier 2 assessment under section 17-1002:$355.00. 3. Tier 3 assessment under section 17-1003:$548.00. 4. Tier 4 assessment under section 17-1004:$1,183.00. 14-16 Supp.#34,1-16 ALBEMARLE COUNTY CODE • B. After approval. After a plat is approved by the agent,the subdivider may amend the plat if the amended plat is submitted,reviewed and approved as provided in section 14-209 or sections 14-213 through 14-231.1,as applicable;provided that the agent may approve amendments to an approved final plat without proceeding under section 14-209 or 14-213 through 14-231.1, as applicable, if he determines that the plat,as amended: (i)complies with all requirements of this chapter and all other applicable laws;(ii)is substantially the same as the approved plat or site plan;and (iii)will have no additional adverse impact on adjacent land or public facilities. C. Signature by owner. An amended final plat shall be signed by the owner as provided in section 14-303(0). (§ 14-238, Ord. 98-A(1), 8-5-98; § 14-231.1, Ord. 05-14(1), 4-20-05, effective 6-20-05; § 14-202.1, Ord. 13-14(1), 12-4-13,effective 1-1-14) State law reference—Va.Code§§15.2-2241(9),15.2-2255. Sec. 14-203 Fees. Each subdivider shall pay a fee upon the submittal of a plat or other application, based on the schedule below;provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant. Except as provided in subsection(H)(7),the fee shall be in the form of cash or a check payable to the"County of Albemarle." A. Preliminary plat: 1. If subject to review by the agent: (a) Two-lot subdivision as described in section 14-232(B)(2) or if all lots front on an existing public street:$269.00. (b) 1 to 9 lots:$1,236.00. (c) 10 to 19 lots:$1,236.00. (d) 20 or more lots:$1,236.00. 2. Reinstatement of review:$559.00. 3. Each filing of a preliminary plat,whether or not a preliminary plat for the same property has been filed previously: The applicable preliminary plat fee. B. Final plat: 1. If subject to review by the agent: (a) Two-lot subdivision as descri11.1111.1111Mir if all lots front on an existing public street: $581.00. (b) crto 9 lots $1,075.00. (c) 0-to-I-9 fut.-$1-,-1-8-2:0: (d) 20 or more lots: $1,322.00. 2. Condominium plat:$108.00. 3. Reinstatement of review:$559.00. C. Other subdivision plats: 1. Plat for a rural subdivision,family subdivision,or resubdivision:$742.00. 2. Plat for a boundary line adjustment: $215.00. 3. Plat creating one or more special lots and one residue lot:$95.00. 14-15 Supp.#34,1-16