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Home My WebLink AboutSUB202200016 Correspondence 2022-05-06Fen: den opl Ta coo. 2 Sb 9ah WapfS re: amgwsmmly rlaa unb mi�w Dead Fmw.w11.2:.M. Hi Chris, see below regarding the removal of the property from AS Forest. It looks like the nextopportunity to do so would be in 2024. you an contactScott Clark if you have additional questions about removal from the AF district. Thanks, Ben Holy Alm Senior Planner Albemarle County 434-296-5832 eM. 3443 From: Scott Clark 6c1ark@albemarle.org> Sent: Friday, May 6, 20229:06 AM To: Ben Halt <bholt@albemarli Sul RE: AFD question for plat under review Hi, Ben— t. Family divisions are the only permitted option for sub-21aae divisions in the AFD, So choosing another form ofsubdivision doesn't help. 2. All otherwise -permitted subdivision and BIA options would be available after the land was removed from the AFD. The next review period for the Moorman's River district will be in late 2024. At that point, the owners will get a notification letter about the review, and they can write to me (or whoever is doing AFDs at that point) to request withdrawal. Let me know if you need anything else. —5rott From: Ben Halt <bhDlt@albemarle ors Sent: Thursday, May 5, 20221:55 PM To: Scott Clark <SrlarkOalhnmarlenrm Subjece RE: AFD question for plat under review Hi Scott, The applicant is asking about this BIAagain. It seems that the owner has explored the family division option, but they don't meet the criteria fortime of ownership. 1. They would like to know ifthey could pursue the Bl through a 2 lot division rather than a family subdivision. My assumption would bethat they could not do that due to the ag forest restrictions, but I wanted to get confirmation. 2. The applicant is also asking if it would be possible to pursue a Not division process if they were to remove the property from Ag Forest. If the 2lot division is allowed once removed from AF, please advise as to the process and how long that may take. I'd be happy to set up a all when you are back in the office if this requires a discussion. Thanks. Thanks Ben Holt, AIM Senior Planner Albemarle County 430.296-5832 ert. 3443 From: Scott Clark <Srlark®alhnmarlernm Sent: Thursday, March 24, 2022 2:22 PM To: Ben Halt <hhnitQalhnmarlenr , Sul RE: AFD question for plat under review Hi, Ben — The AFD ordinance doesn't apply any extra standards or requirements to family subdivisions. It just exempts them from the AFD's prohibition of development to a more intensive use. So, as I understand it at least, if the proposed division an meet all of the Chapter 16 requirements for family divisions, its permitted in the AFD without any further review. (As an aside, there are situations where projects need to be reviewed by the AFD committee, PC, and Board for their AFD impacts, but thats for SPs, and not for subdivisions.) —Scott From: Ben Halt <hhnitQalhnmarlenrm Sent: Thursday, March 24, 2022 2:01 PM To: Scott Clark 6clarkilalbemarle ors Sul FW: AFD question for plat under review Hi Scott, I wanted to ask if you could give me some feedback to question 2 below, regarding processing this application as a family subdivision requiring review of Ag Forest implications. Assuming they were to submit a family division request, can you give me some general feedback about primary concerns related to Ag Forest and how long that review may take? I know that the applicant will want to know if there are any major hurdles or roadblocks related to AS Forest. I'd rather know if they have a reasonable expectation of approval before encouraging them to submit a revised application. Thanks Ban Holt, Alm Senior Planner Albemarle County 430.296-5832 non. 3443 From: Andy Herrick <aherrick0allbern e. nr Sent: Thursday, March 24, 20229:49 AM To: Ben Holt <hhnitQalhnmarlenrm Cc: Scott Clark <Sclzron Allbern chat, Subject: RE: AFD question for plat under review Ben, Please see my responses below on red. Andy Herrick Deputy Couury Attormi Albemarle Coom il,rnir44Jillcow4 ure 491 -Wb,wc Pmd S:u1c3P5, QuMoesvlk, VA 42902 \,A-m:u.,oe tlm uuodN smFau-1,Vquiapae t4J.•—eri lmn,, Vyw line mv,N ffi. gm —,el —a 14L19RN61 a—od,J��J:�m:alLmuill —on p:v nnl—a--. uiryn ui-: ..v:uvn d-rnua's.a:trve'v:.v:aJ— man na.. iu pu—i--mw:k lw. From: Ben Holt <hholtfla alhnmarlwni Sent: Thursday, March 24, 2022 9:20 AM To: Scott dark ,Sdmkfbalhnmarlenrm; Andy Herrick <aherrickno al hnmarlwnrm Subject: RE: AFD question for plat under review Thanks Andy. I have another follow-up question regarding this application The current proposal is a BIA whereby the parcel in the AF district, approx. 5 acres, would code roughly a half acre t0 the adjacent (non AF) parcel, 2 acres, Owned under the same family trust. 1. Per your previous commend, could the applicant resubmit this request as a family division to achieve the same request— boundary adjustment without creating a new parcel? Only if the family trust met the qualifications of fmmN Code 414-11 JIA1111, 2. If yes to above, would there be an additional review process considering the AS Forest implications? Staff would and should review a proposed family su bdivisi0n within an AFD for compliance with both Chapters 14 (subdivisi0ns) and 3 (AFD'J) of the County Code, 3. Application also proposed altering a private road, which is not allowed as part of BIA (14-212.1.13). It is my understanding that to pursue the private mad/access realignment, that would require a property division application rather than BIA. Land records revealed that the road/access was previously created through a property division. I believe a family division process would allow them t0 alter the road (as indicated on new plat) with the consent of affected property owners (per original access agreement). Please confirm ifthat is correct. The restrictions on boundary line adjustments (including the restrictions in Coors Code 4 14-717.1 HO on street relocation or alteration) would not apply t0 a proposed family subdivision. However, any proposed street relocation must still meet all Other requirements of Chapter 14. Thanks Ben Holt, All Senior Planner Albemarle County 430.2965832 Ext. 3443 From: Scott Clark <Sdarkfaalmornm a oro Sent: Wednesday, March 23, 2022 4:16 PM To: Andy Herrick <aherrick0allbern enrm Cc: Ben Holt <bholtSbalbern oro Subject: RE: AFD question for plat under review I see — thank you —Scott From: Andy Herrick <aherrckCmallnon eore> Sent: Wednesday, March 23, 2022 4:05 PM To: Scott Clark <Srlarkddbe, le orb Cc: Ben Holt <hhnlr9zllwmarlenre> Subject: RE: AFD question for plat under review Scott, I agreetbat for the purposes of Ben's review, we, Deport approve the BLA application unless it is a family subdivision under Burn ry(' "n 212(A)Rlff1. Family subdivision resdfingin su621acre AFD parcels coWd be approaed.'Ibarlks. Andy Herrick Deprry Couory Attonrey Albemarle Conlin il,rnir44JillcoWcore Wit Wbri 4,tire6] 401 A4Prod S:ule3P5.lSWooesvlk, VA 42902 Nau.:mmv.wg a ro-tlm nu smFau.1, n4kAy61^—rraby tie mv.ryeti.m—alor,Ima. mxvN Jxn.xug'vs—a 14L19RN61 erJu.aeu a— od,a��Jmm:alLmuill wmuaupmemp:tr. Vlwama".a cox iluN n.v:xvn rue muJ'v.auum u:—rd— io pnsms its -- m-i lw. From: Scott Clark ,Sdarkf)a alhemarlenrm Sent: Wednesday, March 23, 2022 3:59 PM To: Andy Herrick <aherrirk0allnoni oncr Cc Ben Holt <bhnlr9zllwmarleoncr Subject: RE: AFD question for plat under review Hi, Andy Thanks very much for the response. My understanding is that, for the purposes of Ben's review, we cannot approve the BIA application. If by chance you have time to reply, could you describe that situations in which BIAS resulting in sub-21acre AFD parcels could be approved? I'm not sure I understand Thanks again -Scott From: Andy Herrick <d,rr cklmalbemarle ore> Sent: Wednesday, March 23, 2022 3:30 PM To: Scott Clark <Srlarki@alhpmarlenrm Cc: Ben Holt <bholtSbethemarle ore> Subject: RE: AFD question for plat under review Scott, Good question. I agree that like subsection, Off, (oiner, Code iiR202tAHNO also does not nuke an exception wither A 's for boundary line adjustments where not all of the reselling AFD parcels are at least 21 acres. I dksagtovu tl>az the 4.457-acre could not be included in W BIAS that don't increase its acreage to 9least 21. Note that owners may still apply for family subdivision W eligible) and/or parcel combinations (B they wish) under subsections (OaM and (0a)(g), respenvely, regardless of the resulting parcels' size. Thanks. Andy Herrick Deputy County Attonrey Allen ade ('.atry :mhWallm:=d. 93L9IP-106] 401 Mr1i Prod Se1c 345, Qudueiw k, VA 22902 PNa: Tv n, a fo-tl. n..W aiµvir-1, n u u6Pau�abYtleam,ryeti,mP^J,n,'. 1t �m:lmgym,.n—dl oure RY61 W—,s,ill munuoup:�,mgnx. V—d:..1-, n,v:uv:,Juvmua4,auumu:,aai rc-k,. Fmm: Scott Clark <Sdarklaalbemarle orlo Saint: Wednesday, March 23, 2022 2:24 PM To: Andy Herrick <aherrirk bolkemzrle. C. Ben Holt<bholtSbalbemarleorn n Subject: AFD question for plat under review Hi, Andy - This question is a variation on our last discussion about BIAS in AFN underthe new version of Chapter 3. (your previous reply is attached.) Ben (copied here) has a BIA plat under review that involves a 4.457-acre parcel in an AFD and a 2.54Sacre parcel that is not in a district. The AFD parrel would gain a small area of the non- AFD parcel. (Screenshot of plat included below.) While I don't see how this would be a detriment to the District, I don't believe that it can be approved, due to the wording of section 3-202(A)l3)(e)'s exception to the general prohibition of development m more intensive use: Boundary line adjustments ofpa¢els where same land is within and some land is outside ofa district. A boundary line adjustment pursuant to Chapter 14 between two or more parcels, where some land is within a district and some land is outside of a district, where the size of each resulting parcel within the district is at least 21 acres. A boundary line adjustment where some land is within and some land is outside of a district does not change the boundaries of the district. Since the AFD parcel is under 21 acres, my understanding would be that it cannot be included in any BIAS that don't increase its acreage to at least 21, even if the District land is not being divided by the BIA Could you please confirm or correct this interpretation? Thanks) -Scott PLAT SHOWING A BOUNDARY LINE ADJUSTMENT TAX MAP 68 PARCELS 66A4 AND 65E1 SAMUEL MILLER MAGISTERIAL DISTRICT .1UCCNG MIA ALBEMARLE COUNTY. VIRGINIA . M OSET JANUARY 12, 2022 AF MAE EFEIICE SCALE . 1' . 100' SHEET 2 OF 2 cz' ANTA PgRCEL X - 0.561 ACR-IMP TMP 6B-66E1 — PARCEL C Yeei vR�6A96M A.2.589 ACRES 0.8 rw a rw n I S03-36'1I. _ FVMM BaRET O38R' E CLVEN WE ON NEARLY A:AND no NNINN65mToIN11 N8.'OYIPWI BfiP oa In F U. nXr rI W 58e5E1 OWNER: CUSTRA REVOCABLE Rp6TRA 1. 58.8568 OTRUST CAROL AK PEVOC SM PPAµE 0. 9004TRA REVOCABLE TRUST 6 A WRESE: CAROL .XOOSTRA REVOCABE TRUST LIA.. LN AOQREE9' CAMPOBELLO, SWTN CAR0.YIA 20323 EAGAX LA iRIE REFERENCESCAMPOBELLO, SOUTH CAROLINA 29322 OH. !JA P 3 6 PC ONTITA2 ERENCE6. D.1361P 55B PLAT PA OR PLAT 20 3611. ] DS SAS PRIVATE SI. DB. ]]E. V. 08. ] eePV.r1.1 PRIVATE ST. Vi6T DB. 6A6 P. ]6A Viei OF 379No COMM OF VA DB. TY R� III2... OF VA 08] DEL I5 P. MM MACO., ET B3 P. 6] V10 6i D. T N AS Soon Gonm T) AMmarla amen COrrunimM ceaeMMren3 DePuMPOW - IVYlar PATTI9 Sevetan. Al6enwrle CGnSewtlGn EPsenren3.WMmry EOI MY it McIntirere R POaQnNOrIM1 Wirg CM1ar1p11esvik VA 22A4 y4y: H$ rx v Sr aa62 n< M. a In a.A ISAIRMING wTJM a AREA TABULATIONS'. 4.998 ACRES - - TRIP 58-65A4 SO z Y; qn FMRAN]RO -4,457 • - - X AL X - u 'N 00 A O S h j^1. 2. oSe ACRE9��TI9 BE - �2.�ISAiE I'�iIIlQC�v}bii5665fi M ® iMP 56-65A4 PARCEL A Bd5T ACRES A. REVIEW LINC LN YING MrR,VoA MfeOnfy UNRIM N3 SPEOPR ONCE CNAM.AES IE I_E.. ANN" .11