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SP201300015 Correspondence 2013-07-16
ALg� �'IRGINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 October 17, 2013 Mr. Justin Shimp, P.E. Shimp Engineering, P.C. 201 E. Main St. Suite M Charlottesville, VA 22902 via e-mail: iustin @shimp- engineering.com RE: SP201300015 Mahone Additional Development Rights Dear Justin, This letter is in response to your e -mail inquiry of October 14, 2013. In the staff comment letter of October 3rd, I provided information regarding how the proposal was not consistent with County policy. I also described technical aspects that would allow staff to do complete our review of the application. While it is possible to be on the Planning Commission's November 12th agenda if all applicable advertising and notice fees are paid by October 21, 2013, staff cannot advise that action. Written confirmation was requested regarding the applicant's desire to pursue a family subdivision if permission was granted for additional development rights. If a family division is desired, then showing the proposed location of lot lines allow the Planning Commission and Board to understand that the parcel can physically accommodate a new lot and meet subdivision access standards. Staff also expects the Commission and Board would also want confirmation from the Health Department that proposed lot location is suitable for a primary and reserve drainfield area and a well. Without the above knowledge, it may be difficult for the Board to approve the request, and may likewise be unlikely they would approve the request with conditions stipulating those items be required if they do not know if the lot could meet the dimensional and other standards. However, if there is continued desire to pursue the application without the requested resubmittal items the following fees would need to be paid no later than 5:00 p.m. on Monday, October 21, 2013: $106.70 Cost for newspaper advertisement $200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $306.70 Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $106.70 Additional amount due prior to Board of Supervisors public hearing $413.40 Total amount for all notifications Fees need to be paid in advance. Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the same time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Feel free to contact me if you have additional questions. My email address is asorrell @albemarle.org. Sincerely, Andy Sorrell, AICP Senior Planner cc: Mrs. Irma Mahone via e-mail and U.S. Mail 1688 Dudley Mountain Rd. Charlottesville, VA 22903 Andrew Sorrell From: Justin Shimp [Justin @shimp- engineering.com] Sent: Monday, October 14, 2013 3:07 PM To: Andrew Sorrell Cc: Mahone, Irma (ih3xn) Subject: RE: SP 2013 -00015 Mahone Additional Development Rights Hi Andy, Looking over your comments it seems that the items that we need to deal with, showing the lot line, and the health department approval could be conditions of approval, and we really wouldn't need a resubmittal? We don't have the exact lot or drain field worked out yet and we weren't planning on going to that expense without knowing if the SP would be approved or not. We'd like to be on the November 12th Planning Commission date, which would require payment of fees by 10/21. Does that sound ok by you? Thanks! - Justin From: Andrew Sorrell [ mailto :asorrellCalalbemarle.ora] Sent: Thursday, October 03, 2013 3:30 PM To: justinCabshimp- engineeringq com Subject: SP 2013 -00015 Mahone Additional Development Rights Hey Justin, I will be out of the office tomorrow when the comment letter on the above was due to go out. So I pulled it together today and dropped a copy in the mail to Mrs. Mahone this afternoon. If you have questions, I'd be happy to chat when I return on Monday. -- Andy Andrew V. Sorrell, AICP I Senior Planner, Planning Services Department of Community Development I County of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 -4596 434.296.5832 ext. 3272 (o) I asorrell ftalbemarle.org I www.albemarle.org a10 s0 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 23, 2013 Irma Mahone 1688 Dudley Mountain Road Charlottesville VA 22903 RE: Application for SP201300015 - Mahone Family Development Right Dear Mrs. Mahone: Per Section 33.4(f) of Chapter 18 of the Albemarle County Code: "An application omitting any required information shall be deemed to be incomplete and shall not be accepted." The application for SP201300015 has been deemed incomplete and will not be accepted for review under the current review cycle for the July 15, 2013 application submittal deadline for the following reason: The application failed to meet the following requirement of Section 33.4(a): "A pre - application meeting shall be held with each prospective applicant (the "applicant "), and the applicant shall complete and submit information on county provided forms before submitting an application..." Please contact me or have a representative of yours contact me to setup the pre - application meeting so that the application can be accepted for review by the next application submittal deadline. If you have any questions, please contact me. Sincerely, Francis H. MacCall Principal Planner Copy: Wayne Cilimberg, Director of Planning David Benish, Chief of Planning Amelia McCulley, Zoning Administrator �'fRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 23, 2013 Irma Mahone 1688 Dudley Mountain Road Charlottesville VA 22903 RE: Application for SP201300015 - Mahone Family Development Right Dear Mrs. Mahone: Per Section 33.4(f) of Chapter 18 of the Albemarle County Code: "An application omitting any required information shall be deemed to be incomplete and shall not be accepted." The application for SP201300015 has been deemed incomplete and will not be accepted for review under the current review cycle for the July 15, 2013 application submittal deadline for the following reason: The application failed to meet the following requirement of Section 33.4(a): "A pre - application meeting shall be held with each prospective applicant (the "applicant "), and the applicant shall complete and submit information on county provided forms before submitting an application..." Please contact me or have a representative of yours contact me to setup the pre - application meeting so that the application can be accepted for review by the next application submittal deadline. If you have any questions, please contact me. Sincerely, Francis H. MacCall Principal Planner Copy: Wayne Cilimberg, Director of Planning David Benish, Chief of Planning Amelia McCulley, Zoning Administrator } pF A IL, �� 9 � G�RGIt3tp County of Albemarle Department of Community Development Memorandum To: File /� From: Andy Sorrell, Senior Planner A \G Division: Planning Services, CDD Date: 10/1/2013 Subject: SP 2013 -00015 Mahone Additional Development Right - Community Meeting Section 18.33.4.j of the County Code requires community meetings be held for Special Use Permits (SPs) and rezoning (ZMA) applications unless the Director of Planning determines that the meeting would not achieve the purposes for having such a meeting upon considering the following: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested, the acreage affected, the proposed density, the proposed scale, and the potential impacts; (ii) any other factors deemed relevant upon applying sound zoning principles; and (iii) whether the applicant has already held one or more community meetings regarding the application so as to make a community meeting under this subsection unnecessary. Staff feels that holding a community meeting for SP 2013 -00015 would not further the purposes of having a community meeting given the limited scale and scope of the proposal. Those who might be most potentially affected by this proposal are the abutting property owners who are initially notified of the proposal as the staff review is beginning and are later notified in advance of the Planning Commission's scheduled public hearing. These notifications provide affected property owners the opportunity to contact staff and ask questions at any point during the review process. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 MEMORANDUM TO: MEMBERS, SITE REVIEW COMMITTEE: Karen Kilby, VDOT Culpeper Joel Denunzio, VDOT Joshua Kirtley, Thomas Jefferson Health Department Jay Schlothauer, Building Codes and Zoning Services Alexander Morrison, Albemarle County Service Authority Ron Higgins, Zoning Glenn Brooks, Administration — County Engineer Howard Lagomarsino, Albemarle County Fire and Rescue Division Bill Fritz, Zoning and Current Development Dan Mahon, Albemarle County Department of Parks and Recreation Margaret Maliszewski, Architectural Review Board Jennifer Whitaker, Chief Engineer, Rivanna Water Service Authority FROM: Albemarle County Department of Community Development— Planning Division DATE: September 4, 2013 RE: New Rezonings and Special Use Permits This memo contains the list of special use permit and rezoning applications received on August 19, 2013 The Review Schedule is: ALBEMARLE COUNTY STAFF PRELIMINARY COMMENTS: September 18, 2013 INTERDIVISIONAL STAFF MEETING: September 18, 2013 FINAL WRITTEN COMMENTS FROM ALL STAFF: September 27, 2013 LETTER TO APPLICANT: October 4, 2013 PROJECT: SP201300015 Mahone Family PLANNER: Scott Clark PROPOSAL: Additional development right on 21 acres for 1 new unit with a density of up to 0.5 dwelling units per acre on the new lot. ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) ENTRANCE CORRIDOR: No COMPREHENSIVE PLAN: Rural Areas — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: 1688 Dudley Mountain Road TAX MAP /PARCEL: 08900- 00- 00 -062B0 MAGISTERIAL DISTRICT: Samuel Miller Email cc: Architectural Review Board Planning Commission Board of Supervisors Police Department — Lt. Ernest Allen Housing Department— Ron White City of Charlottesville — Jim Tolbert United States Postal Service University of Virginia — Mary Hughes ALg� l? G1Nt° . COUNTY OF ALBEMARLE Department of Community Development ' 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 October 3, 2013. Mrs. Irma Mahone 1688 Dudley Mountain Rd. Charlottesville, VA 22903 RE: SP201300015 Mahone Additional Development Rights Dear Mrs. Mahone, Thank you for your recent special use permit submittal received on July 15, 2013. After a mandatory pre - application meeting was held with staff on July 29, 2013, the application was deemed complete and was placed on the next review period began on August 19th. Staff has reviewed your submittal and have a number of questions and comments which we believe should be resolved before your proposal goes to public hearing. Although Scott Clark was your original contact for this application, the project has been transferred to me. I will be your contact during the review. Please feel free to call or e-mail me if you have any questions or need more information. Comments from applicable reviewers follow. Planning — Andy Sorrell, 434 - 296 -5832, ext. 3272, asorreli@albemarle.org 1. Commmunity Meeting— Section 18.33.4.j of the Albemarle County Code requires a community meeting be held for Special Use Permits (SPs) unless the Director of Planning determines that the meeting would not achieve the purposes for having such a meeting. Staff believes given the limited scale and scope of this application, a community meeting is not necessary. 2. Comprehensive Plan - Comments on how your project conforms to the Comprehensive Plan will be provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared for the public hearings. The comments below are in preparation for the public hearing and may change based on subsequent re- submittals. The location of the application is outside of the Development Areas of the Comprehensive Plan and is area designated as Rural Area by the Comprehensive Plan. Residential development beyond the use of existing Development Rights for parcels under 21 acres is not encouraged. In the Rural Area Chapter of the Comprehensive Plan, eight guiding principles are identified: agriculture, forestry resources, land preservation, land conservation, water supply resources, natural resources, scenic resources, historical, archeological and cultural resources. These components are also affirmed in the Growth Management section of the Plan which states that these resources are to be protected and efficiently utilized. Principle four of the RA Guiding Principles states that the County should address the needs of existing rural residents without fostering growth and further suburbanization of the Rural Area. Principle five also supports the protection of rural land by directing the County to develop tools that would direct residential development into designated Development Areas where services and utilities are available and where such development will have minimum impact on rural resources and agricultural /forestal activities. The Growth Management and Facilities Planning Goals section of the Land Use Chapter of the Comprehensive. Plan corroborates the significance for the preservation of agricultural resources as they provide "an opportunity to conserve and efficiently use other resources such as: (1) water resources (with use of proper conservation techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land, farmland, and forested areas; and (3) fiscal resources by limiting develop)llelIt and lessening the reed to ploVlde public services VII.Cs L vJlde areas of 1-1 CUUIILy. III) the interest of this growth management strategy, residential development is considered a secondary use in the Rural Areas." Planning review of this application will be based in these Comprehensive Plan policies. Other Planning items - In addition to the requirements of Section 10.5.2 of the Zoning Ordinance, Section 33.8 of the Zoning Ordinance details what factors should be considered when acting on Special Use Permits. Sec. 33.8(a) notes four items that that the Planning Commission and Board of Supervisors should reasonably consider when acting on an application. While, staff understands you and your daughter's desire to locate on the same property she grew up upon, it is staff's understanding that when this parcel was created in 1984 prior to your family's ownership, it had no futher ability to be subdivided. Staff has concern that this application does have the ability to affect the character of the Rural Area Zoning District because such request set precedants for futher ones. In addition, approval of additional lots or building sites on parcels that lack futher development rights is contrary to the principles of the Comprehesnive Plan as listed above. Therefore, it will be difficult for staff to support approval of this application. 3. Please revise the submitted sketch plan showing the approximate location of the proposed parcel. The sketch provided with the application shows a proposed building area, but not where parcel lines may be. This is important to show so staff can ensure setbacks would be met (minimum 25 feet from existing dwellings). Also, see VDOT comments below — please provide a note on the intended access. 4. The new lot would require a building site outside of the stream buffer that contains a drain field, a reserve drain field and a well. The building site was shown on the sketch plan submitted with the application, however as noted by the Health Department in their comment, confirmation from them that the area is suitable for the necessary drainfields and well is needed. 5. In speaking with your representative, Mr. Shimp, he stated that if permitted to have the additional development rights (two are needed, see zoning comments below), a family subdivision would be pursued. If this is the case, I have provided a copy of the family subdivision procedures for your reference (Attachment D). If you do intend to complete a family subdivision to your daughter, please explain that is what you intend to do. Note that in the zoning comments, a 15 year holding period is recommended if the additional development rights are granted and a family subdivision is pursued. This mirrors an adopted condition of the past two applications for additional development rights which were granted in the last several years by the Board. 6. Please submit seven (7) copies of the revised plan and one reduction no larger than 8 %" by 14" reflecting /correcting the comments in this letter. Zoning — Francis,MacCall, 434 - 296 -5832, ext. 3418, FMACCALL(a7albemarle.orcg To further subdivide the property, the applicant needs two (2) development rights because the parcel will be reduced to below twenty -one (21) acres. In addition the following condtions should be considered for inclusion in the SP: 1. The proposed subdivision of Tax Map 89 Parcel 62B shall only be permitted as a "family subdivision" as provided by Chapter 14 of the Albemarle County Code; and 2. The family division period to retain the property, as provided by Chapter 14 of the Albemarle County Code, shall be extended to fifteen (15) years. Health Department —Josh Kirtley 1. Please provide verification of your Health Department approval for the septic system and the drinking -water well on the proposed lot. VDOT — Troy Austin 1. The existing private entrance onto Dudley Mountain Road is adequate for the two dwellings (existing and proposed) as shown on the plan accompanying the SP application. VDOT does not have objection to the proposed dwelling as shown on the application. 2. VDOT requires the proposed dwelling use the existing entrance onto Dudley Mountain Road. 3. If additional dwellings other than the existing and the proposed dwelling are added to the parcel, the entrance adequacy will need to be re- evaluated by VDOT. Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter" which is attached (A). Resubmittal If you choose to resubmit, please use the attached form (Attachment C). There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience (Attachment B). Notification and Advertisement Fees Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay for the notification costs for public hearings. Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is needed: $106.70 Cost for newspaper advertisement $200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $306.70 Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $106.70 Additional amount due prior to Board of Supervisors public hearing $413.40 Total amount for all notifications Fees need to be paid in advance. Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the same time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Feel free to contact me if you wish to meet or need additional information. My email address is asorrell @albemarle.org. Sincerely, Andy Sorrell, AICP Senior Planner cc: Justin Shimp, P.E., via e -mail: Tustin @shimp- engineering.com enc: Attachment A - Action After Receipt of Comments Attachment B — Resubmittal Schedule Attachment C - Resubmittal Form Attachment D Family Subdivision Regulations ATTACHMENT A DEPARTMENT OF COMMUNITY DEVELOPMENT o� r U�u�o —�iil [rJ �'IRGLNZP ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments; (2) Request indefinite deferral; (3) Request that your Planning Commission public hearing date be set; or (4) Withdraw your application. (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The remaining 2013 resubmittal dates may be found at www.albemarle.org in the "forms" section at the Community Development page. A resubmittal by October 21, 2013 would provide for a public hearing no sooner than December 17, 2013. Be sure to include the resubmittal form (Attachment C) with your submittal. The application fee which you have already paid covers staff review of the initial. submittal and one resubmittal. Each subsequent resubmittal requires an additional fee of $500.00. (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit /request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. i After outstanding issues have been resolved and /or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the I I Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty -one (21) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty -two (22) days prior to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad Payments for Public Hearings form. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to, the applicant's attention. As always, an applicant may request deferral at the Planning . Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees may be paid in cash or by check and must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. ATTACHMENT B 201,3 Submilual and Revi.e%v Schedule Special Use Permits and Zoning Wlap Arn endme�,,Ints ResuI mlttal S,� hedule 6 7 .1 itte-ri Gornine n.,ts a n d Earl; 1 es_,i Pla n ITI i.--op C-onun is sion P u bil [c H.aartn g' RIRSLIJ-brnittal. DatAs Co:'111.1.11el"'Its to -,-.d Det Legal,' actline :I plapliji 71,g -applicant for decision ond.Decision for Coiiirniss'iah P'LlibliC on wh4-ntole-3, to Public Heal Raarin�g jaroceed tfj Rud-14C :Nci srx)rier tor. -,ri" H &La, I r i n g: �' Mondely VV e c I I a s c I i [4011M.ly T I. I i;_- s c ka y 777M, . . . . . . . .... . ............... ............. 4", ......... .. ...... . :7777M77= F., 7 77 ME'wa"5 ------ 77 77'- -777 TTAW���� ----- x:wl 77 . . . . . . . . . . . . . ..... ..... ..... . . . . . . . . . . . . . . .......... 77 -77- 77 ............... S 7 NN Oct 7 N uv .161 Nov 1:8 Dec -IG Nr;v 20 NiYv 25 Dec, 7 Nci v 4 De_G 4 23 Dec I f �,, x ij �.Jarv,14] Nov -1;8 Dec 16 e'-jan, �j 20, 4 Dec 2 zn i12014,!,".� Jan:6:2014,� j "31 8:201 4. Dec 16 : �.L -14': Z" Jan 15 2149. - Fab,_ 12044 Da tpz -sh ah-vn •in ii radros are 'Wianffe6 ClUe !C' a C:0 LMO T.V 11 011-MORY Tj"te revielv.ing plarri.e.r),vi'll of revie4v'�r.=_ and advise =hat dhzxgE!s thy : are ne-aded WE erioug'h -,o vcanrant ar, additian..-id submiz.ral Or _advise that the the projectL_=k ready tor a public headrig_ If changes ne--aded are minor, the planrie-r will ;.qd11Yizr_- tout the proj'ect go to pub1io 7hq larg'N ad� d _,adkne is the 1a., 6 .,,-t wh iCh an applicanz can dmac.A-z wh�Jner to res.i ibn7.ift c;x :go -IC. p•bkc: h_zqring. If an applio:--int de-oides to go to .,public :her-ariing aqzit'n.st trie -ad-vice of the re%,i -vii n.g plarin,es-_ a 101 derlial will lik :-jy raBult. C-5�.ner-ally, the applioanvoill veillb.nve anl.,eone op oortuni'<v to ci.sfer thc- PC puLiic hearing. far zh .pr -e- cnrjcoe it has bs en ad-v4=.qi5?dl -f pu;'bJi.o hearing.. Addidonad will nw b—:. allowed excepz ir-., i_xtraord-finary c.'ircumst-nr-ines such as; a majar r;h•nge in zh,s project p�ropoaal by -t-ire applioa nz or rnorni i.=-Su es J&E ntffiie_d by Staff that ha"---a not pre.-!ADusly been L. rou gh-, I, the aPpLiDanfE. alteration. \- 11�L`ar1'1C� Print Form;' FOR OFFICE USE ONLY Sl' # or ZMA # Pee Amount $ Date Paid By who? Receipt # Ck# By: 05' AL Resubmittal information for Special Use ]Permit or Zoning Map Amendment I �ltClS��h PROJECT NUMBER: SP 2013 - 00015 PROJECT NAME: Mahone Additional Development Right F- Resubmittal Fee is Required (- Per Request rX Resubmittal Fee is Not Required Andy Sorrell Community Development Project Coordinator Name of Applicant Phone Number Signature Date Signature FEES Date Resubmittal fees for original Special Use Permit fee of $1,000 $200 + actual cost of first -class postage rl First resubmission FREE r Each additional resubmission $500 L Resubmittal fees for original Special Use Permit fee of $2,000 r; First resubmission FREE F.7 Each additional resubmission $1,000 ; �.t -fi i �r.,� iY•5, ... } ... ,. F � 3.. ... .: .,. 'j �<: � d fit., } �- � : t,. {'.i % � Resubmittal fees for original Zoning Map Amendment fee of $2,500 r First resubmission FREE J- Each additional resubmission $1,250 Resubmittal fees for original Zoning Map Amendment fee of $3,500 r:. First resubmission FREE J7. Each additional resubmission $1,750 P.., -t Deferral of scheduled public bearing at applicant's request - Add'1 notice fees will be required $180 To be paid after staff review for public notice: Most applications for Special Use Permits and Zoning Map Amendments require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper anti by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Special Use Permit or Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. MAKE CHECKS TO COUNTY OF ALBEAJARLE /PAYMENT AT COMMUNITY DEVELOPMENT COUNTER Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice+ actual cost of first -class postage Legal advertisement (published mice in the newspaper for each public hearing) Actual cost (minimum of $280 for total of 4 publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 6/7/2011 Page 1 of 1 ATTACHMENT D Regulations regarding Albemarle County Family Subdivision Procedures From Chapter 14, Albemarle County Code, "Subdivision of Land" as of 10/1/2013 14 -210 Family subdivisions; procedure. Each plat for a family subdivision shall be submitted, reviewed and approved as follows: A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1 -82. If land is to be transferred to a member of the immediate family owning an abutting lot as part of a family subdivision, the land shall be combined with the abutting lot and shall be so noted on the plat by appropriate symbol and wording. B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter. If the agent determines that the plat complies, he shall approve the plat. If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit approval. The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider. However, if the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that approval has been obtained, the agent shall approve or disapprove the plat within thirty -five (3 5) days after receipt of approval from the agency, department or authority, provided that the plat shall be approved or denied not later than ninety (90) days after submittal of the plat. - C. The approval of a plat for a family subdivision shall be subject to the conditions of approval set forth in section 14 -212. (9 -5 -96, 8- 28 -74; 1988 Code, § 18 -58; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference -Na. Code §§ 15.2- 2241(1), 15.2 - 2241(9), 15.2- 2244(C), 15.2 -2258. 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. The family subdivision is not sought for the purpose of circumventing the requirements of this chapter applicable to subdivisions. In determining whether a family subdivision is sought for the purpose of circumventing the requirements of this chapter, the agent shall consider the following factors, among others: 1. Whether the subdivision promotes the cohesiveness of the family; 2. Whether the subdivision is profit motivated for short-terra investment purposes; 3. The length of time the subdivider has owned the property; and 4. Whether, after the family subdivision is approved, a lot created by the family subdivision is conveyed back to the grantor or to a third party. (9 -5 -96, 1 -3- 96,.4- 13 -88, 12- 21 -83, 10- 17 -79, 8- 28 -74; 1988 Code, § 18 -57; Ord. 98 -A(1), 7- 15 -98; Ord. 05-14(1),4- 20-05, effective 6- 20 -05) State law reference -Na. Code § 15.2- 2244(C). 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 -210. 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." (9 -5 -96, 1 -3 -96, 4- 13 -88, 12- 21 -83, 10- 17 -79, 8- 28 -74; 1988 Code, § 18 -57; Ord. 98 -A(l), 7- 15 -98; Ord. 05-14(l),4- 20-05, effective 6- 20 -05; Ord. 08- 14(1), 2 -6 -08) 14 -20 Supp. #19, 7 -08 State law reference - -Va. Code § 15.2- 2244(C). (Page 3 of 4) COYwIy Of Albemarle COtln1T Of Albemarle goo— 11#00' M•4, vs JJ• hilt O•.,ty. �. tMt .0N NN of to•tt•1 to t.4. ~I% ". MN.N.N 11..t !/V�jN^�7 Planning COn"n1ssPon Board of SYvereisen 0*4.4. It Atr4., WW-P .,.A r` ;ki f i4,\ O J! to Act [r.r, ��1 a. NMI SAMUEL MILLER MAG. DISTRICT Of P ri Lo/ 3 1 ~ IF Yt. t 4...t., . rt.,.tet ... �..... Cbe .wA• 3 Oltle•.ItA Aet.l 't.J0 /Ari. i e•. t.I7f Ap.�7e Poe to ..... twHa.....trr hft•4.'l._. ._ Date — -- �• /�_�� - _ DN. p. .AO, '* JJisljO. rJ,tt ,J1 /r' O! 4• ///•t1 tlt 0..1.51.• 0.9400647. dO�%��� A•f J �n J4.•; % fJit4• fJ w51..l M. t - - - -- 4.00110" map 1'. 1000• T M I! • IAR MAP Ma. AWrit 1 All' tl. IiSter 4..i Set I SIJ tAP 00 "wC F;I / T.M. 80. RtNSIfQ.f/fM N,'AJ !V J f '.!M % • l P I A dt Port!/ A M of S• R. ?a !1.030 Art . ACS . o.,A..,tA, 1.......,.. ,N• h At"# or-on •w , % 14 o 4, rror/ J4.• •A. eJ#400kv1r� ; f }1vs 1p'r Ito 00' PLAT •SHMINt goo— 11#00' M•4, vs JJ• hilt Jf00 J1000• JJO.00 0*4.4. It Atr4., WW-P .,.A r` ;ki f i4,\ O J! to Act [r.r, A PORTION O F T. f11. 89- PAR. 62 ON N.W. SIDE OF STATE RTE. 706 ��1 a. NMI SAMUEL MILLER MAG. DISTRICT Of P ri Lo/ 3 1 ~ L01 2 Lot fI1I1111N! Q +3.11 / Art. : 't.J0 /Ari. i e•. t.I7f Ap.�7e Poe SCALE t•• toe JAw Y�.1lO+ 1. r p. .AO, '* JJisljO. rJ,tt ,J1 /r' O! 4• .' AA At• tI1 N • DI! p, t-540 93, Jf1 A•/ A•f J �n J4.•; % fJit4• fJ STATE ;f rf it • f wAaO SI O. MAC ,f r[e[rr y� W&CAr[t FOt sr Rr. rat a* r aw Awe Or NN r rm.. I!• 61 • w' AT. Wv1Aor. ES1. 0o !00/ elNtr Ir at 8YMr1 r.Y. at - PAR. it PLAT •SHMINt 3540 Art. 8,4.• w,en IV Pu,t/ ,r,4. PARCEL A and LOTS 1-2-3 0*4.4. It Atr4., WW-P .,.A r` ;ki f i4,\ O J! to Act [r.r, A PORTION O F T. f11. 89- PAR. 62 ON N.W. SIDE OF STATE RTE. 706 ��1 a. NMI SAMUEL MILLER MAG. DISTRICT Of C0NrAn no > ALBEMARLE COUNTY. VIRGINIA fI1I1111N! fElj•>�)I SCALE t•• toe JAw Y�.1lO+ s Win MORRIS FOSTER LAND SURVEYOR C ber101 /eeelNe. Vs. (Page 3 of 4) County of Albemarle County of Albemarle '•'� $ /Pere 114 Planning Commission Board of Supervisors Co•irw00 006.0-1410 Agee of . Z'r1. K!E(e mil' r), rcf oile TWe eirisios is woo, .os 1st cesfal of W •000.1. S ^eQ :•aery, �� MMrltleft• O� 1 r11ft1 it ee /�q LOT 4 63ir The •eerf res •rq 0000.1!• stlsrf wt e6 �K� /•i. ___.___ yr cow - .11108 aspires ,1C`1 VICIAIty L10 p - `��."�•�-- �¢.5�� 4olorr P.cl.c 1' - 2.060' 1 10'Eossnew/ r '40 E Alrstrred /bI E/sdiiC frog / es, 5 gy•6 ListiwsM / /olioo, s+� g2 -8 TAX MAP 89- PARCEL 62 ' I ;� E ra Now 49 1 I p0. f P ?. 50 ACS. RES /DOE 1833, 329 j 6 B e 49' 50" w Wa MORRIS sod ANNf M. boo 5 s FOSTE R /IOw }0� ,- !- Llw t � �► 049. 7499 V. 166 8 gt119 ' v N o rM. 09 - 62 E- b � "l No Otrf1.VA4w/ Riyb /s /or 3 g LOT •f *�+ 4 Lot ,3 Porte /s /tss /Aoo 2/ acs- : of ♦eeto /w/oy w //b rm 89 -62 '��i O Z•205 GCS. ;; p D.B. 789 O. 268 F&I 2 10V. ID s£ s _ STATE Rr- 706 Par 1G ep� Si y06 /41.73 IOS.31'� Pipe Rte•• - _ /35.67' — — — _ SSS•48'20"N -E —.� _ - %44`33 —y�..: /05.7/ !� 1 - S SS 23 40 "IY 1490.00'— S 55 •/4'20 "W -- NOTE. 25' Slii P (0- 144 Ac. I is 60.067 dedico /ed /oI S/. R/ . 70 6 go. W. tF eI.TN Oe 04 P4 A o ."IWSI Il1E i v .wwlan el►. f e•a+l' •'•e te•1 •'� -w THOMAS D. BLUE CIVIL ENGINEER a LAND SURVEYOR CHARLOTTESVILLE , VA. PLAT SHOWING SURVEY OF LOT 4- A PORTION OF TAX MAP 89 - PAR CEL 62 SITUATED IN THE Somuel Miller Mo9iS- District of ALBEMARLE COUNTY. VIRGINIA SCALE 1"s100' FEB. 20. 1906 F IL E r:; 1 - Book:877,Page:712 (Page 3 of 7) THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT THEY ARE CORRECT AND N ACCORDANCE WITH THE ALBEMARLE COUNTY ZONING ORDNANCE N EFFECT THIS DATE. THESE NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. A. PROPERTY ZONED RA. 8. THIS IS A RURAL PRESERVATION SUBDMSDN. LOTS I THRU 4 MAY NOT BE FURTHER DIVIDED. C. ONLY ONE DWELLING PER LOT. D. MASSEY'S WOODS ROAD SHALL BE BUILT TO PUBLIC ROAD STANDARDS AND IS HEREBY DEDICATED TO PUBLIC USE. E. ALL LOTS SHALL HAVE ACCESS ONLY ON MASSEY5 WOODS ROAD. F. ALL LOTS SHALL BE SERVED BY PRIVATE SEWAGE DISPOSAL AND PRIVATE WELLS. THIS PROPERTY IS NOT WITHIN THE JURISDICTIONAL AREA FOR PUBLIC WATER It SEWER. G. SETBACK REQUIREMENTS : FRONT (ALONG ST. RT. 7061= 75, FRONT (ALONG MASSEY'S WOODS ROAD)- 25', SIDE= 25' t REAR= 35' H. LOTS 1 THRU 4 EACH HAVE A MINIMUM OF 30,000 S.F. OF AREA WITH SLOPES LESS THAN 25%. L THIS PROPERTY IS LOCATED IN THE MOORES CREEK WATERSHED. J. T.M. 89-188 t T.M. 89 -62 ARE SUBJECT TO A EASEMENT TO VIRGINIA TEL. t TEL. COMPANY ID.B. 501 -106). K. T.M. 89 -188 SUBJECT TO RIGHT OF WAY ID.B. 339 -345 t D.B. 591 -543). L T.M. 89 -62 SUBJECT TO EASEMENT TO AMERICAN TEL. t TEL. CO. OF VIRGINIA (D.B. 166 -482). M. TOTAL ACREAGES : T.M. 89-62= 22.50* ACRES It 1'.M. 89 -188= 44.271 ACRES N. ANY DRIVEWAY SERVING BUILDING SITES ON LOT 4 SHALL BE CONSTRUCTED ON THE EXISTING ROAD BED SHOWN HEREON TO THE EXTENT PRACTICABLE. ROTES : It OWNER t LEGAL REFERENCES FOR T.M. 89 - PARCELS 62 t 188 CD C, TAYLOR MASSEY ,, D.B" 1209 -459 6 D.B. 974 -692 PLAT 0- rP. THE BEARINGS AND DISTANCES SHOWN HEREON FROM POINTS "A" TO 'E" TO "C" TO "D" TO "E" TO "F- WERE TAKEN FROM A PLAT co BY WM. MORRIS FOSTER DATED AUG. 1, 1966 AND RECORDED IN ,u D.B. 974 -692 AND WERE NOT FIELD SURVEYED BY THIS FIRM. 9D ALL OTHER BOUNDARY DATA SHOWN IS BASED ON A CURRENT FIELD SURVEY, 3. I.S. DENOTES ETON SET AND IF. DENOTES IRON FOUND. 4. AREAS : LOTS= 65.551 ACRES AND ROAD- 1.22 ACRES 1 247.39'03" 50.00' 216.12' - - - -- - - -- ----- - - - - -- 2 62.1516" 30.00' 32.60' 18.12' 31.02' S06'541WE 3 05'23'27" 125.00' 11.76' 5.88' 11.76' S40.43'50" E 4 25.28'39" 125.00' 55.58' 28.26' 55.13' S56'09'52'E 5 31,5rz6,, 175.00' 97.30' 49.94' 96.05' S52'58'29'E 6 87'12'14" 30.00' 45.66' 28.57' 41.38' S80.38'53 "E c; e VICINITY MAP SCALE: T'• 2000' ••• ••• ••• rr�gALTH Op •* rr THE WYEXXd OF 1HE LAND DMCMW HMON 15 WffH DE FREE CONSW AND N ACCORMNCE WITH UE DM OF THE UNDER• =41ED OWNER. PROPROORS AND iRUS1EES. ANY RER:RBNCE TO �e T� O R1N(R DC& POTENW ONLY ALL Sf TEM B TO BE TO T AS IHEDREIK7IL ONLY ALL SfATD19dtS AH+XFD TO 1M5 FW ROVE : p "'/ U O ME= TO IK BEST OF MY INOMEDGE. 62 • 1 R� • --� • Om W. Y i e� 0 1331 2 �p6 y ya• • s ti'o. •�•••••• ! D. NSIIlIM@If WAS ACIIlL My DAY OF 0y_ CO)MASSIOfJ 00Y1ES KEY MAP SCALE : r = 1000' NOiAR'/ PUBIC ,f Z THE FOREGOING. iNSIRUMw WAS AC04OWLEDGM BEFORE ME THIS DAY OF 19 . MASSEY'S m' COMM6SOR D(PBES WOODS RD. N07ALN R1&1C - - - SJ. qT COUNTY PLANNING COMMISSION: CHAIRMAN DATE COUNTY BOARD OF SUPERVISORS v. WA4&& DE51GNAIFED AGEypUfl DATE SUBDIVISION PLAT LOTS I THRU 4 MASSEY'S WOODS LOCATED ON STATE ROUTE 706 ABOUT 0.7 MILE WEST OF STATE ROUTE 631 SAMUEL MILLER DISTRICT ALBEMARLE COUNTY , VIRGINIA SCALE : AS SHOWN DATE : FEB. I, 1999 FOR C. TAYLOR MASSEY SHEET ROGER W. RAY t ASSOC., INC. I OF 4 1717 -28 ALLIED STREET CHARLOTTESVILLE, VA 22903 11493 Book:1843,Page:58 (Page 4 of 7) / LOT 3 SEE SHEET 3 LOT 4 O SEE SHEET 3 1 LS.. I.S. N46.3176 "E 942.34' ■ 1:9 Q" 9 W O0" HOWARD 6 LOTTIE LEE DUDLEY I Ito n 25.00 917.34' A6 T.M. 89 - 62B - 6 TM 89 -20 I m ' i < < 3 50°j WILLIAM 0. 1 IRMA H. MAHONE D.B. 1386 - 677 PLAT I HOWARD KEVIN DUDLEY d I o 5 22 59.08' 08.857-95 . BARBARA 99XANA CURMSH LS DB. 789 - 277 PLAT w D.B. 1386 - 675, 677 PLAT If a O LOT I I.F. g S S36136'53"E _ w w r rc N 4 4.05 ACRES -329-7r /i /ss 9 92e4' Iw t tu�h S33'5zz5� - LS. O I I U f A h EXISTING 20' R/W Q) Q I o U a � LOT 2 T.M. 89 - 62E T ; ID.B. 591 -543 1 ; �P(= ?4 p� o E EDWARD L 1 ABBY B. AYERS 6.T2 ACRES n in 1 LS' D.B. 339 -345) D. 1371 - 90 . m I m . .S. - Wv o o b ' } z v _ ti .o° o _ a n ooe m z Q 7 ry��ry 3 N...,.., : •0 "W 6 W ' 37'I3 " 40•• . _ S PIPE ` 35' FOUND 535.37'37 "E Q 25.00' S SCALE 1" = 100' DATE FEB. 6 1999 { w cc I.S. N4634'27'E 490.42' LS. 5 �UD� . yph (D.B. 5 91 - 5 4 3511 D B ?339/345) . 1 a > 225.00' 465.42' A9 9� -1 �• T.M. 89 - 21B I m 5 ` s3 2 .00 55Z,�: 5 HOWARD 6 LOTTIE LEE DUDLEY I Ito n n / /g &. A A6 T.M. 89 - 62B - 6 I m ' i < < 3 50°j WILLIAM 0. 1 IRMA H. MAHONE D.B. 1386 - 677 PLAT I I o 5 5 $ 08.857-95 . p L DB. 789 - 277 PLAT If a a• d m L LOT I I.F. g S S36136'53"E _ w w r rc N 4 4.05 ACRES -329-7r /i /ss 9 92e4' Iw t tu�h S33'5zz5� - - -� O I I U f f I.F. Q) Q I o U a � U �. 3 ry2P T T.M. 89 - 62E T ; ; 1 LS a �P(= ?4 p� o E EDWARD L 1 ABBY B. AYERS W n n in 1 13 4 44`-1 0 D D. 1371 - 90 m i C4 q m I m . .S. - Wv o o ' } z v vl P .o° o a n / Q Q 7 75' 20 a N...,.., : :.:. B "W 6 6 ' 37'I3 " 40•• . _ S PIPE ` 35' FOUND 535.37'37 "E 25.00' S SCALE 1" = 100' DATE FEB. 6 1999 ®DENOTES PORTION O OF 5 5 �UD� . . (D.B. 5 91 - 5 4 3511 D B ?339/345) . 01\0 `€•E$MT. HEREBY EXTINGUISHED. 9 .,j1 5004h 0 5 ` .00 55Z,�: 5 `01\1,,,)1 DENOTES BMP 5 9 . S5 0'S�a.11� FACILITY EASEMENT _ �Og- - - - - - -- --------- - - - - -- -- `t _ Z SHEET 2 OF 4 11493 0 Book:1843,Page:58 (Page 5 of 7) CV 1.0 O C� E T.M. 89 - 18 I OLLIE L. FITZGERALD, JR. D.B. 1371- 529 D.B. 515 - 52 PLAT ; ®DENOTES PORTION OF EXISTING 20' R/W (0.8. 591 -543 d D.B. 339 -345) HEREBY EXTINGUISHED. M- ;W m nil n� nd fo LOT 4 SEE SHEET 4 LOT 3 6.00 ACRES S46.3f3VV , 6D2.94' LOT 2 SEE SHEET 2 Q�P 9�a LS. w m P g N h L5. TA 89 a, n I 1 LOT 4 SEE SHEET 4 i SCALE : I" - 100' DATE : FEB. I, 1999 3 OF 4 11493 Book:1843,Page:58 x". tµ•eg_ Qpv EXISTING 20' R/W I BLDG ID.B. 591 -543 �;' ry• d D.B. 339 -3451 'h I i up. i T.M. 89 - 28 HOWARD KEVIN DUDLEY d BARBARA INDIANA CURNISH D.B. 1386 6T5, 677 PLAT 1 O G - � N M 55.90' Q 26.00' LS. I.S. ®DENOTES PORTION OF EXISTING 20' R/W (0.8. 591 -543 d D.B. 339 -345) HEREBY EXTINGUISHED. M- ;W m nil n� nd fo LOT 4 SEE SHEET 4 LOT 3 6.00 ACRES S46.3f3VV , 6D2.94' LOT 2 SEE SHEET 2 Q�P 9�a LS. w m P g N h L5. TA 89 a, n I 1 LOT 4 SEE SHEET 4 i SCALE : I" - 100' DATE : FEB. I, 1999 3 OF 4 11493 Book:1843,Page:58 (Page 6 of 7) . r ®DENOTES PORTION OF EXISTING 20' R/W ID.B. 591 -543 d D.B. 339 -3451 HEREBY EXTINGUISHED DENOTES AREA L.:• THAT NO RESIDENCE SHALL BE CONSTRUCTED WITHIN c7 �D Q O d M \PIPE FOUND EXISTING 20' RJW (D.B. 591 -543 d O.B. 339 -345) Pq e3 \ � oQ3o 3Ov 0 ;y PP oo e b LOT 2 SEE SHEET 2 apt NOµtH 9TA -692 00 T.M. 89 -18 OLLIE L. FITZGERALD, JR. D.B. 1371 - 529 D.B. 515 - 52 PLAT 2 S�'it15 34 2?'S0, W LOT 3 SEE SHEET 3 I.S. SCALE : I" = 200' DATE : FEB. 1, 1999 T.M. 89 - 19 ARROWHEAD CORP. OF VIRGINIA D.B. 1133 - 518 D.B. 1332 - 316 THRU 316 PLAT WAS NOT FIELD SURVEyEO TMG - -` ROAD s.25. I s LOT 4 PRESERVATION LOT 48.781 ACRES I.S. v I.S. / /23347 yP, D.B. 750 -698, ti� 'b' 534' 725p W 700 PLAT T.M. 89 - 828 WILLIAM 0. d IRMA H. MAHONE D.B. 857 - 95 I.F. O.B. 789 - 277 PLAT THIS AREA T.M. 89 - 63 STEPHEN T. 6 KATHRYN C. THORNTON D.B. 750 - 698, 700 PLAT h T.M. 89 - IBA STEPHEN T. d KATHRYN C. THORNTON Book:1843,Page:58 / /23347 yP, D.B. 750 -698, 700 PLAT T.M. 89 - 91 VIRGINIA LOUISE WALKER ..F „ -� N I.F. D.B. 72 D.B. 7 54 - 388 / D.B. 729 -109 T.M. 89 - 63 W.B. 52 - . STEPHEN T. 9 KATHRYN C. 97 Q.B. 180 - 95, 97 PLAT . THORNTON D.B. 750 = 698, 700 PLAT SHEET 4 OF 4 -1 1493 Book:1843,Page:58 SPECIAL USE /ZONING MAP AMENDMENT FILE CLOSEOUT / IMAGING CENTER INSTRUCTIONS CHECKLIST Please complete this form within 30 days of final action, place in folder and forward to CDA for QC and status label. CDA will forward to the Imaging Center for digital closeout. & /ZMA #� PROJECT TITLE PIQhalJP FULL NAME OF LEAD REVIEWER FINAL ACTION DATE: JZ •� Hardeopy — File Folder Closeout: All documents listed should be placed in project folder in reverse chronological order (latest on top). Please check each item included in this folder. To indicate that an item is not applicable to this file, place an "N /A" next to the check box. The Lead Reviewer has the discretion to include any item deemed necessary to provide clarity to the file, please indicate that item on the "Other" lines provided. Digital Closeout Instructions: Below each item please indicate if Imaging Center is to scan the document; or, if the doc,�ment is already in digital format, can be saved to LaserFiche. Where applicable, please provide the digital loc tion (path /name) of the document in the space provided. [� Applica 'Von ❑ Saved location Notifica on records / Abutting Owner correspondence Scan ❑ Saved location Project K&ieiv — Corresponden e to /from Applicant (including emails) / eview Com nts [ Scan Saved location Cy �Q,S_— �� ❑ N ngineering Folder - Information /documentation from Engineering Group ❑ Scan ❑ Saved location ❑ �} I'Approved Plan / Code of Development ❑ Scan ❑ Saved location ❑e`PC and /or BOS Presentation Display Documents (Include Plan if not part of Staff Report) ❑ Scan ❑ Saved location White Envelope (Staff Report, PC Minutes, Executive Summary, Action Letter, Presentation documents) OR — Minutes,Presentation avail le by contactin C R cording Secretary ❑ Scan Saved location � V . �.S ❑O& the planner's discretion, copies of unapproved plans may be placed in the file if it is referenced in the staff report or minutes and lends clarity to the review at a later date. If such plans are included, they should be clearly marked as unapproved and contain a note clarifying why it was included. ❑ Scan ❑ Saved location ❑ Other Items (Please explain) ❑ Scan ❑ Saved location ❑ Other Items (Please explain) ❑ Scan ❑ Saved location, - 01-111; 1 - COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 January 10, 2014 Mahone, William 0.� or Irma H. 1688 Dudley Mountain Rd. Charlottesville, VA. 22903 RE: SP201300016 — Mahone Family TAX MAP 89, PARCEL 62B Dear Mr. or Ms. Mahone: On December 11, 2013, the Albemarle County Board of Supervisors approved the above noted petition to allow an additional development right on the above noted parcel in the Samuel Miller District. This special use permit approval was based on the following conditions: The proposed subdivision of Tax Map 89, Parcel 626 shall only be permitted as a "family subdivision" as provided by Chapter 14 of the Albemarle County Code; and The family division period to retain the property, as provided by Chapter 14 of the Albemarle County Code, shall be extended to thirty (30) years. Please be advised,that although the Albemarle County Board of Supervisors took action on the project noted above, use of the property as approved above may not lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with conditions of the SPECIAL.USE PERMIT; • approval of and compliance with a SUBDIVISION PLAT; and • approval of a ZONING COMPLIANCE CLEARANCE. Before beginning use as allowed by this special use permit or if you have questions regarding the above - noted action, please contact Rebecca Ragsdale at 296 -5832. Sincerely, ` V. Wayne Cl imberg Director of Planning Cc: Rebecca Ragsdale, Zoning File Ull n ` a ryw 5u 0 1 Q (D 0 co 6 0 0 NW w r z o I lu, n. > 00 F Cb V) E zw N N> in < w Lj J 0 1 .......... -CD an ■ ■ ■ ■ ■ ■ ■ ■ Special Use Permit Application Narrative Mahone Family Development Right Project Proposal The proposed additional division right is to create a buildable lot for our daughter to build her own home on the family property. We bought the family farm as a 21 -acre lot in 1985 and have lived on the property ever since. Our daughter Jaclyn was brought home from the hospital to this place that has been our home for 28 years. Over half of the lot is wooded and our home is situated right in the woods. This has been an ideal place for us to raise our family as we were able to enjoy the beauty of the rural setting and reasonable proximity to the city and jobs. Although we've had many dreams about developing our lot as a small farm, full -time jobs and other time constraints have limited what goals we've been able to accomplish. We have grown a garden every year, substantially increasing its size this summer when our daughter expressed the desire to participate. We have grown hay in the open meadow, and raised chickens for many years. With our daughter's renewed interest in agriculture and considering getting her college degree in agriculture, our goals now are to create a family farm, specializing in vegetable and berry production. We have conducted a thorough search of the adjoining properties to confirm if any additional development rights were available that could be added to our parcel via a boundary line adjustment. Unfortunately the neighboring properties were either unable or unwilling to part with a portion of their property that would allow us to obtain the development right needed for our daughter's home. While this application is primarily focused on our family, we do believe that maintaining a strong family tie to the land that passes the joys and responsibility of caring for the land from one generation to the next is an important public benefit. It is this joy of the land that gives the rural areas character and we know that our daughter will continue to contribute to those efforts if permitted to build a home on the property. Of the 7 lots adjacent to our property, only one is larger than 21 acres. The general pattern of development along Dudley Mountain Rd is 2 -6 acre parcels along the road with a mix of larger parcels. The proposed density of our application, 2 homes on 21 acres, is consistent with the density and character of our neighborhood and would have no adverse impacts or detriments to the adjoining parcels. Section 10.5.2 of the ordinance describes the conditions under which a special permit for an additional lot may be issued. We have reviewed these requirements and firmly believe that our application is consistent with the requirements of the ordinance and intent of the comprehensive plan. Each item to be considered is addressed as follows: 1. Our parcel is 21 acres, making it ideal for small family farms, but not suitable for forestall production. The agricultural potential of the property will be enhanced by the presence of our daughter on the property. 2. (See above) 3. There are no known commercial foresting histories or activities on the property. 4. The property is within a rural area, but not within an area that has been utilized for commercial agricultural or forestall area within the past 5 years. 5. While we do not have access to all of the records for properties within one mile, one can look at the pattern of development along Dudley Mountain Road and see that the proposed additional lot and home on our tract would be consistent with existing development patterns. 6. Our property is approximately two miles by roadway from the proposed Whittington Subdivision, which we understand is to be added to the comprehensive plan growth areas. 7. There are no foreseeable impacts to required capital improvements as a result of adding a building site for our daughter to the property. 8. There would be very minimal traffic generated from our proposal, in fact granting permission for our daughter to move to the property will remove the need for her to travel on state roads to visit us, and us to visit her. While we understand VDOT is to make the final say on this matter, we feel that Dudley Mountain Road is a tolerable road now and that condition would not be impacted by the addition of one additional home for our daughter. Our property is part of the Biscuit Run watershed and is not within a County defined public drinking watershed. Consistency with Comprehensive Plan: Our property is within the Rural Areas as designated by the Comprehensive Plan. Our vision of the property is consistent with that of the Comprehensive Plan, preserving agricultural type uses in a family farm. Impacts on Public Facilities & Public Infrastructure: As noted above, we cannot imagine any impacts to public facilities or infrastructure that would come from the additional single lot for our daughter on the property. Impacts on Environmental Features: The proposed building site will have adequate space for the house, septic and driveway outside of any critical slopes or stream buffer areas. There are no foreseeable environmental impacts. Summary: We understand and appreciate that the Policies of the County are to keep the rural areas rural by limiting development of new lots. When we purchased our 21 acres 28 years ago, we could hardly imagine a day where our grown daughter would seek to move to our farm and start her own family. We believe that having her on the property is both best for our family, and best for the land. We firmly believe that the additional lot for our daughter will not be an impact on our neighbors, or the County as a whole. Attachment B - Detailed Location Map SP 2013 -15 off` 89 -7J2A1 ° -73 o y / A !�• 0�. J , *p l 'P� 89 -64 ����I Legend (a xtare me items on map may not appear in legend) o A 011 °wMM�xnxExm ©-aPaNSM- „A,ox m PoucE s Anox ® Posr oPP E sZ�x�.�xRaxx a o a �uxa� a 8_26 r, 89 -63 89-80 � r. 6 'o °• p �t o � o A ao h 89,848 �ff f� 89 -18E .� �9 - J aUNTgIN Rb 7U6 89- $1J� /� v�� 11 89 89 -628._ 89.520 ? o � �.� •� � r,�G� � 6 ?O I �'`��'' � '��89�52B l, "89J 4 i m 9 t” Oft 1� -$1J� 89 -52A � ?p / 5� ° r89 -52A1 , �� _ ' _�92� �2��0 89 -6214 89 -61 89 -2101/ �� 8---� 2 4 I -2.1 F Gn 89 -22A ro r./ 89 -60 GIS -Web Geographic Data S ervi ces 938 ft `i't�� 'r� ?r0 �`} ° 89�59B� !� rJ�/8/�9 =21A♦ • � _- � 89 -22 50 3- 81 9. ? rq 89 www.albemarle.org (434) 296 -5532 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources October 29, 2013 Attachment A - Area Map SP 2013 -15 RAGGED MOUNTAIN RESERVOIR }`� yc.` _ R I �S ` L� y'�� Legend (Note: Some items on map may not appear in legend) m. ^b _OlFZ;g�O� �- 782 CharlottesviIIe'Citty � Use,the ldentffy fool °iollaunch Ciiy G1S Viewer r � TM' 75 TM: 74 ` `� "��, P, ^^ °; wa w({} • ��/ ` ``'�h //V�' I �'•'/ ' �V ^ 1 ,;f`� / / / QF •�y. Mp >� I ;! /?' �'' 780 , m.Mme U.e wm aLBO aza 7 f � , ^wry olo I j z p ,.`Y' STHdLLOW'Rd. Q-� . -d,°°° tea° R� LAKE'RE_�YN�O,VIA T. O �\29 / oQ 631 fi lit E D o P< G R of �TM88 ti� .TM:89k, 1V' �� �1� cTM:90 �� - - - •� / .fig � aND bR 606 fro 642 Q\ 1 '�Oy(1 ` l ' r`,o yOE ALBF J2 II I. 'fr' GIS -Web g Geographic Data Services www.albemarle.org 3752 ft 8 706 / � J / `L QPa / / 1 �• �, �O, TM- 100 TM = 701 I \ TM: 102 �� � (434) 296 -5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources October 29, 2013 ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP2013 -00015 Mahone Additional Staff: Andy Sorrell, AICP, Senior Planner Development Rights Request Planning Commission Public Hearing: November Board of Supervisors Hearing: TBA 12, 2013 Owner(s): William & Irma Mahone Applicant(s): William & Irma Mahone Acreage: 21.03 acres Rezone from: Not applicable Special Use Permit for: Section 10.2.2.28, Divisions of land, as provided in section 10.5.2. TMP: Tax Map 89 Parcel 62B By -right use: RA, Rural Areas Location: 1688 Dudley Mountain Road (Rt. 706), approximately 1.3 miles south of the intersection with Old Lynchburg Road (Rt. 631). Magisterial District: Samuel Miller Proffers /Conditions: No Requested # of Dwelling Units /Lots: 1 additional lot DA - RA - X and 1 additional dwelling unit Proposal: Request for two additional Comp. Plan Designation: Rural Areas - preserve development rights to permit a family and protect agricultural, forestal, open space, and subdivision. natural, historic and scenic resources/ density ( .5 unit/ acre in development lots) Character of Property: The property is largely Use of Surrounding Properties: The area is wooded with an open pasture at the center of the characterized by a mix of rural residential parcel. A dwelling and an adjacent outbuilding are development and larger farm and forest parcels. located in the wooded area to the rear (western) portion of the parcel. Factors Favorable: Factors Unfavorable: 1. The proposal can be accommodated without 1. The request would increase development in the significant health or safety impacts on the Rural Area, which is contrary to the County's land use goals as expressed in the area. 2. The limited scale of the use would avoid Comprehensive Plan. impacts on adjacent properties and critical 2. Approval of the request would not be consistent with previous actions on requests for additional resources. development rights in the Rural Areas. 3. Approval of this request would not be consistent with previous actions on requests for additional development rights in the Rural Area. 4. The applicant did not submit additional information necessary to complete staff's technical review of the application. Recommendation: Based on findings presented in the staff report, staff recommends denial of SP201300015. SP201300015 — Mahone Planning Commission: November 12, 2013 Page 1 STAFF CONTACT: Andy Sorrell, AICP, Senior Planner PLANNING COMMISSION: November 12, 2013 BOARD OF SUPERVISORS: TBD PETITION: PROJECT: Two additional development rights on 21 acres for 1 new unit with a density of up to 0.5 dwelling units per acre on the new lot. ZONING: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots) SECTION: 10.2.2.28, Divisions of land as provided in Section 10.5.2. ENTRANCE CORRIDOR: No COMPREHENSIVE PLAN: Rural Areas — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: 1688 Dudley Mountain Road TAX MAP /PARCEL: 08900- 00- 00 -062BO MAGISTERIAL DISTRICT: Samuel Miller CHARACTER OF THE AREA: The area is located to the east of Dudley's Mountain and is characterized by a mix of rural residential development and large areas of forest and pasture. The property is adjacent to property in an open space easement. PLANNING AND ZONING HISTORY: The applicant purchased the subject property in October 1985 from the previous property owner who had divided a 54.096 acre parcel into five parcels in February 1984. With this subdivision, the parent parcel (89 -62) was subdivided using all but one of its allotted development rights and 21 acre lots (the last development right from the parent parcel was used to create parcel 89 -62F in 1986). The applicant's parcel, 89 -62B, was a 21 acre lot created when the previous owner subdivided the property in 1984. The subject parcel has not had development rights since the applicant has owned the parcel. A Minor Home Occupation clearance (HO 2013 -25) for an online retail business was approved for the parcel in early 2013. Since 1981, 25 applications for additional development rights on various RA parcels have been considered, of which 14 were approved (9 of which for family divisions), and 11 denied. The Board of Supervisors has typically based its past approvals on finding that the applications adequately met the criteria of Section 10.5.2 of the Zoning Ordinance, such as for an immediate family member, or some unique circumstance. The last two applications approved by the Board were to permit family subdivisions in 2011 (SP 2010 -34) and 2013 (SP 2012 -28). COMPREHENSIVE PLAN: The Comprehensive Plan designates the property as RA, Rural Area, where land use policies focus on the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources. The Plan states that: To be consistent with the Guiding Principles, the County's land development policies must be changed to stop the ongoing trend toward fragmentation and loss of rural character. New policies should focus on protecting existing large parcels from fragmentation, preserving a general pattern characterized by farms, forests, and habitat corridors, and reducing the potential overall level of residential development and loss of rural character. This proposal is not directly supportive of the Rural Area policies. SP201300015 — Mahone Planning Commission: November 12, 2013 Page 2 Past decisions by the Board of Supervisors on similar requests for additional development rights in the Rural Area have followed a consistent pattern. The requests have generally been approved in cased where all the development rights on a parcel have been used to provide parcels for family members and there are more family members to be accommodated. Requests for any other type have generally been denied. In this case, the land was subdivided by a previous landowner before purchase of the lot by the applicant. Approval of additional development rights in this case would therefore be inconsistent with past decisions. The applicant purchased this 21 acres parcel without a development right. This applicant/ family was not involved in the prior subdivision of the parent parcel creating this 21 acre lot. APPLICANT'S PROPOSAL AND JUSTIFICATION The applicant is requesting the right to build an additional dwelling upon their parcel by way of a family subdivision. Since the existing parcel is 21 acres two development rights are needed since the resulting two lots would be less than 21 acres, if permitted. The applicant has lived on the property since 1985. The applicant desires to provide for a building lot from the existing parcel for their daughter who would live on the property and assist in running a small family farm. The applicants have contacted adjacent property owners to determine the suitability and availability of land with development rights that could be added to their existing parcel via a boundary line adjustment. Discussions with adjoining property owners were not successful in obtaining additional land with development rights. The applicant notes that adjacent lots on Dudley Mountain Road mostly range in size from 2 -6 acres each though there is also a mix of larger parcels adjacent too. The applicant feels the addition of a new lot and dwelling is consistent with the density and character of the neighborhood. See Attachment C for the applicant's written justification. See Attachment D for a sketch plan showing the proposed building site area. (Please note that, if this special use permit is approved, a more detailed subdivision plat meeting the County's subdivision requirements would be required before the lot could be created.) ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. The proposed use will not be a substantial detriment to adjacent lots. Residential uses are permitted by -right in the Rural Areas zoning district. However additional lots /dwellings when parcels have no additional development rights require approval of a special use permit. The addition of a lot /dwelling could lead to a small increase in impacts generated by increased population density (water demand, septic capacity, and traffic). Character of district unchanged. The character of the district will not be changed by the proposed special use. Uses not related to agriculture or forestry tends to change the character of the Rural Areas. Due to the limited scale and visibility of this application, the proposed use would minimize such impacts. The addition of one parcel and dwelling will not significantly change the pattern of land use in the area; however, staff has concern that this application does have the ability to affect the character of the Rural Area Zoning District because such request set precedents for future ones. Each new approval would contribute to the incremental fragmentation of land and loss of rural character referred to in the Comprehensive Plan. SP201300015 — Mahone Planning Commission: November 12, 2013 Page 3 Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, The purposes of the RA zoning district are: • Preservation of agricultural and forestal lands and activities; • Water supply protection; • Limited service delivery to the rural areas; and • Conservation of natural, scenic, and historic resources. The proposed use does not directly support the goals of the RA zoning district. However, the limited scale of the use does not create significant disharmonies with those goals. Section 10.1 ( "Intent ") makes it clear that residential development is not a preferred use in the Rural Areas zoning district, this proposal is intended to provide an additional lot for a family member on land for which there are no remaining development rights. No development rights have existed on the parcel since the applicant's have owned it. Because the parcel is 21 acres in area and any division of it would result in two parcels less than 21 acres each. Therefore, two (2) development rights would be required. While staff cannot provide a favorable recommendation for this application, if the Planning Commission desires to recommend approval, staff recommends two conditions: 1) requiring that the subdivision only occur through the "family subdivision" provisions of the subdivision ordinance; and 2) Extend the four (4) year holding period found in Section 14- 212(B) of the Subdivision Ordinance to require that the land remain in family ownership for at least fifteen (15) years after the recordation of the subdivision plat. The applicants have stated that their intention is for the new parcel to be used long -term as a residence for their child. The fifteen (15) year holding period is the maximum allowed by State law and was also a condition in previously approved applications for additional development rights that permitted family subdivision. ...with the uses permitted by right in the district As proposed, the use would not conflict with residential or agricultural uses. Residential uses are permitted by -right in the district. ...with the regulations provided in section 5 as applicable, There are no supplemental regulations in section 5 for this use. However, section 10.5.2 requires an analysis for special use permits requesting additional development rights in the Rural Areas zoning district. This analysis is found later in this report under the subheading Additional Special Use Permit Criteria. ...and with the public health, safety and general welfare. Staff completed a review of the submitted application on October 3, 2013. Rather than respond to staff review comment, the applicant's preference was to go directly to the Planning Commission without a resubmittal. Currently the applicant has not submitted the necessary information to confirm the proposed site could meet subdivision ordinance requirements. The 21 acre size of the existing parcel makes it more likely that the location of the proposed lot could meet family subdivision standards. Specifically staff requested the following additional information that has not SP201300015 — Mahone Planning Commission: November 12, 2013 Page 4 been provided: 1. Please revise the submitted sketch plan showing the approximate location of the proposed parcel. The sketch provided with the application shows a proposed building area, but not where parcel lines may be. This is important to show so staff can ensure setbacks would be met (minimum 25 feet from existing dwellings). Also, per VDOT comments, please provide a note on the intended access. 2. The new lot would require a building site outside of the stream buffer that contains a drain field, a reserve drainfield and a well. The building site was shown on the sketch plan (Attachment D) submitted with the application, however as noted by the Health Department in their comment, confirmation in needed that the proposed building site area is suitable for the necessary primary and reserve drainfields and water supply well. Traffic impacts are expected to be low (typical assumption is 10 vehicle trips per day for a single family detached dwelling). The Virginia Department of Transportation did not have concerns over the ability of the property or of Dudley Mountain Road to support the use. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The use is not directly supportive of any Comprehensive Plan goals, as it is not related to agriculture, forestry or conservation. The location of the application is outside of the Development Areas of the Comprehensive Plan and the area is designated as Rural Area by the Comprehensive Plan. In the Rural Area Chapter of the Comprehensive Plan, eight guiding principles are identified: agriculture, forestry resources, land preservation, land conservation, water supply resources, natural resources, scenic resources, historical, archeological and cultural resources. These components are also affirmed in the Growth Management section of the Plan which states that these resources are to be protected and efficiently utilized. Principle four of the RA Guiding Principles states that the County should address the needs of existing rural residents without fostering growth and further suburbanization of the Rural Area. Principle five also supports the protection of rural land by directing the County to develop tools that would direct residential development into designated Development Areas where services and utilities are available and where such development will have minimum impact on rural resources and agricultural /forestal activities. The Growth Management and Facilities Planning Goals section of the Land Use Chapter of the Comprehensive Plan corroborates the significance for the preservation of agricultural resources as they provide "an opportunity to conserve and efficiently use other resources such as: (1) water resources (with use of proper conservation techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land, farmland, and forested areas; and (3) fiscal resources by limiting development and lessening the need to provide public services to wide areas of the County. In the interest of this growth management strategy, residential development is considered a secondary use in the Rural Areas." ADDITIONAL SPECIAL USE PERMIT CRITERIA Section 10.5.2 requires the following analysis for special use permits requesting additional development rights in the Rural Areas zoning district: 10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT The Board of Supervisors may issue a special use permit for more lots than the total number permitted under sections 10.3.1 and 10.3.2; provided that no such permit shall be issued for property within the SP201300015 — Mahone Planning Commission: November 12, 2013 Page 5 boundaries for the watershed of any public water supply reservoir, and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 33.8 of this chapter, with consideration of the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and, specifically, with consideration of the following: 1. The size, shape, topography and existing vegetation of the property in relation to its suitability for agricultural or forestal production as evaluated by the United States Department of Agriculture Natural Resources Conservation Service or the Virginia Department of Forestry. The portion of the property proposed for additional development (see Attachment D) is along the eastern property line which is adjacent to agricultural property. The existing property is 21 acres in area and has a dwelling and outbuilding. A 21 acre lot is not conducive to large -scale commercial agricultural operations; however, it can be conducive for small - scale, farm -to -table type agricultural activities, the parcel size can support agricultural activities common to the area and community. The proposal requests to create an additional lot from the existing 21 acre parcel for an additional dwelling unit. However, subdividing the 21 acre parcel makes it smaller and less conducive to agricultural activities. As a family division, the additional parcel and home could support small -scale additional agricultural uses because more help (family members) would be living on the property. Overall, while the proposed subdivision would make the 21 acre parcel smaller and remove additional land from possible rural production, it is not likely to make the property significantly less suitable for small -scale agricultural uses. In addition, the existing parcel is not within a watershed for a public water supply reservoir. 2. The actual suitability of the soil for agricultural or forestal production as the same is shown on the most recent published maps of the United States Department of Agriculture Natural Resources Conservation Service or other source deemed of equivalent reliability by the Natural Resources Conservation Service. The soils on the parcel are listed as "Prime" in the Open Space & Critical Resources Plan. This soil list was developed by the Natural Resources Conservation Service. Prime farmland soils support cultivation for crops and hay. 3. The historic commercial agricultural or forestal uses of the property since 1950, to the extent that is reasonably available. Aerial and topographic photos and maps show that through the 1960s the general area (and subject parcel) immediately adjacent to Dudley Mountain Road was in agricultural use (pasture) except for higher elevations of Dudley Mountain. By the 1980s, much of the area formerly in pasture was wooded. The existing dwelling on the parcel was built in 1985. The applicant notes the property has not been used for commercial agriculture or forestal purposes in the last five years however the parcel is currently with the land use tax program. 4. If located in an agricultural or forestal area, the probable effect of the proposed development on the character of the area. For the purposes of this section, a property shall be deemed to be in an agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile of the border of such property has been in commercial agricultural SP201300015 — Mahone Planning Commission: November 12, 2013 Page 6 or forestal use within five (5) years of the date of the application for special use permit. In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered. The parcels with boundaries within one mile of the applicant's property include a total 3,754 acres. Of those, 2,037 acres (54 %) are enrolled in the land -use tax program, which is the standard indicator of current agricultural or forestal use. Therefore this is an "agricultural or forestal area" as defined in this section of the Zoning Ordinance. 5. The relationship of the property in regard to developed rural areas. For the purposes of this section, a property shall be deemed to be located in a developed rural area if fifty (50) percent or more of the land within one (1) mile of the boundary of such property was in parcels of record of five (5) acres or less on the adoption date of this ordinance. In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered. Currently 54% of the 194 parcels of land within one mile of the subject parcel boundary are 5 acres or less in area which means the property is located in a developed rural area. A comparison of the 1979 tax map to 2012 tax map shows that many five (5) acre or less sized parcels have been created in this area since the ordinance was adopted in 1980. 6. The relationship of the proposed development to existing and proposed population centers, services and employment centers. A property within areas described below shall be deemed in proximity to the area or use described: a. Within one mile roadway distance of the urban area boundary as described in the comprehensive plan; b. Within one -half mile roadway distance of a community boundary as described in the comprehensive plan; c. Within one -half mile roadway distance of a village as described in the comprehensive plan. The property is not within one mile of an existing Development Area boundary (urban area 4). It is 1.8 miles from the Development Area. The property is 1.7 miles from the proposed boundary of the Development Areas that if ultimately approved would add the Whittington project to the DA. The property is not within a '/2 mile of a community or village. 7. The probable effect of the proposed development on capital improvements programming in regard to increased provision of services. The addition of one lot to this area is not expected to require any significant increase in service provision. 8. The traffic generated from the proposed development would not, in the opinion of the Virginia Department of Transportation: a. Occasion the need for road improvement; b. Cause a tolerable road to become a non - tolerable road; c. Increase traffic on an existing non - tolerable road. Traffic impacts are expected to be low, given the proposed hours of operation and scale of use. The Virginia Department of Transportation did not have concerns over the ability of the property or of Dudley Mountain Road to support the use. SP201300015 — Mahone Planning Commission: November 12, 2013 Page 7 VDOT has noted that the existing private entrance onto Dudley Mountain Road is adequate for the proposed additional lot and dwelling and both would be required to use the existing entrance onto Dudley Mountain Road. VDOT does not expect that the addition of one new lot will create the need for any road improvements. SUMMARY: Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 3. The proposal can be accommodated without significant health or safety impacts on the area. 4. The limited scale of the use would avoid impacts on adjacent properties and critical resources. Factors unfavorable to this request include: 1. The request would increase development in the Rural Area, which is contrary to the County's land use goals as expressed in the Comprehensive Plan 2. Approval of the request would not be consistent development rights in the Rural Areas. 3. Approval of this request would not be consistent development rights in the Rural Area. 4. The applicant did not submit additional information the application. with previous actions on requests for additional with previous actions on requests for additional necessary to complete staff's technical review of In summary, this request is not consistent with Comprehensive Plan policies. There are no unique family circumstances consistent with the basis for prior Board approvals. The cumulative impact numerous similar approvals could lead to more significant impacts to the Rural Area. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends denial of SP 2013 -15 Mahone Additional Development Rights. However, if the Planning Commission desires to recommend approval of this application, staff recommends the following conditions: 1. The proposed subdivision of Tax Map 89 Parcel 62B shall only be permitted as a "family subdivision" as provided by Chapter 14 of the Albemarle County Code; and 2. The family division period to retain the property, as provided by Chapter 14 of the Albemarle County Code, shall be extended to fifteen (15) years. Motions: A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP 20130015 Mahone Additional Development Rights with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP 20130015 Mahone Additional Development Rights (Planning Commission needs to give a reason for denial). SP201300015 — Mahone Planning Commission: November 12, 2013 Page 8 ATTACHMENTS Attachment A — Area Map Attachment B — Detail Location Map Attachment C — applicant Justification Attachment D — applicant Sketch Plan SP201300015 — Mahone Planning Commission: November 12, 2013 Page 9 ALg� l? G1Nt° . COUNTY OF ALBEMARLE Department of Community Development ' 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 October 3, 2013. Mrs. Irma Mahone 1688 Dudley Mountain Rd. Charlottesville, VA 22903 RE: SP201300015 Mahone Additional Development Rights Dear Mrs. Mahone, Thank you for your recent special use permit submittal received on July 15, 2013. After a mandatory pre - application meeting was held with staff on July 29, 2013, the application was deemed complete and was placed on the next review period began on August 19th. Staff has reviewed your submittal and have a number of questions and comments which we believe should be resolved before your proposal goes to public hearing. Although Scott Clark was your original contact for this application, the project has been transferred to me. I will be your contact during the review. Please feel free to call or e-mail me if you have any questions or need more information. Comments from applicable reviewers follow. Planning — Andy Sorrell, 434 - 296 -5832, ext. 3272, asorreli@albemarle.org 1. Commmunity Meeting— Section 18.33.4.j of the Albemarle County Code requires a community meeting be held for Special Use Permits (SPs) unless the Director of Planning determines that the meeting would not achieve the purposes for having such a meeting. Staff believes given the limited scale and scope of this application, a community meeting is not necessary. 2. Comprehensive Plan - Comments on how your project conforms to the Comprehensive Plan will be provided to the Planning Commission and Board of Supervisors as part of the staff report that will be prepared for the public hearings. The comments below are in preparation for the public hearing and may change based on subsequent re- submittals. The location of the application is outside of the Development Areas of the Comprehensive Plan and is area designated as Rural Area by the Comprehensive Plan. Residential development beyond the use of existing Development Rights for parcels under 21 acres is not encouraged. In the Rural Area Chapter of the Comprehensive Plan, eight guiding principles are identified: agriculture, forestry resources, land preservation, land conservation, water supply resources, natural resources, scenic resources, historical, archeological and cultural resources. These components are also affirmed in the Growth Management section of the Plan which states that these resources are to be protected and efficiently utilized. Principle four of the RA Guiding Principles states that the County should address the needs of existing rural residents without fostering growth and further suburbanization of the Rural Area. Principle five also supports the protection of rural land by directing the County to develop tools that would direct residential development into designated Development Areas where services and utilities are available and where such development will have minimum impact on rural resources and agricultural /forestal activities. The Growth Management and Facilities Planning Goals section of the Land Use Chapter of the Comprehensive. Plan corroborates the significance for the preservation of agricultural resources as they provide "an opportunity to conserve and efficiently use other resources such as: (1) water resources (with use of proper conservation techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land, farmland, and forested areas; and (3) fiscal resources by limiting develop)llelIt and lessening the reed to ploVlde public services VII.Cs L vJlde areas of 1-1 CUUIILy. III) the interest of this growth management strategy, residential development is considered a secondary use in the Rural Areas." Planning review of this application will be based in these Comprehensive Plan policies. Other Planning items - In addition to the requirements of Section 10.5.2 of the Zoning Ordinance, Section 33.8 of the Zoning Ordinance details what factors should be considered when acting on Special Use Permits. Sec. 33.8(a) notes four items that that the Planning Commission and Board of Supervisors should reasonably consider when acting on an application. While, staff understands you and your daughter's desire to locate on the same property she grew up upon, it is staff's understanding that when this parcel was created in 1984 prior to your family's ownership, it had no futher ability to be subdivided. Staff has concern that this application does have the ability to affect the character of the Rural Area Zoning District because such request set precedants for futher ones. In addition, approval of additional lots or building sites on parcels that lack futher development rights is contrary to the principles of the Comprehesnive Plan as listed above. Therefore, it will be difficult for staff to support approval of this application. 3. Please revise the submitted sketch plan showing the approximate location of the proposed parcel. The sketch provided with the application shows a proposed building area, but not where parcel lines may be. This is important to show so staff can ensure setbacks would be met (minimum 25 feet from existing dwellings). Also, see VDOT comments below — please provide a note on the intended access. 4. The new lot would require a building site outside of the stream buffer that contains a drain field, a reserve drain field and a well. The building site was shown on the sketch plan submitted with the application, however as noted by the Health Department in their comment, confirmation from them that the area is suitable for the necessary drainfields and well is needed. 5. In speaking with your representative, Mr. Shimp, he stated that if permitted to have the additional development rights (two are needed, see zoning comments below), a family subdivision would be pursued. If this is the case, I have provided a copy of the family subdivision procedures for your reference (Attachment D). If you do intend to complete a family subdivision to your daughter, please explain that is what you intend to do. Note that in the zoning comments, a 15 year holding period is recommended if the additional development rights are granted and a family subdivision is pursued. This mirrors an adopted condition of the past two applications for additional development rights which were granted in the last several years by the Board. 6. Please submit seven (7) copies of the revised plan and one reduction no larger than 8 %" by 14" reflecting /correcting the comments in this letter. Zoning — Francis,MacCall, 434 - 296 -5832, ext. 3418, FMACCALL(a7albemarle.orcg To further subdivide the property, the applicant needs two (2) development rights because the parcel will be reduced to below twenty -one (21) acres. In addition the following condtions should be considered for inclusion in the SP: 1. The proposed subdivision of Tax Map 89 Parcel 62B shall only be permitted as a "family subdivision" as provided by Chapter 14 of the Albemarle County Code; and 2. The family division period to retain the property, as provided by Chapter 14 of the Albemarle County Code, shall be extended to fifteen (15) years. Health Department —Josh Kirtley 1. Please provide verification of your Health Department approval for the septic system and the drinking -water well on the proposed lot. VDOT — Troy Austin 1. The existing private entrance onto Dudley Mountain Road is adequate for the two dwellings (existing and proposed) as shown on the plan accompanying the SP application. VDOT does not have objection to the proposed dwelling as shown on the application. 2. VDOT requires the proposed dwelling use the existing entrance onto Dudley Mountain Road. 3. If additional dwellings other than the existing and the proposed dwelling are added to the parcel, the entrance adequacy will need to be re- evaluated by VDOT. Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter" which is attached (A). Resubmittal If you choose to resubmit, please use the attached form (Attachment C). There is no fee for the first resubmittal. The resubmittal date schedule is provided for your convenience (Attachment B). Notification and Advertisement Fees Recently, the Board of Supervisors amended the zoning ordinance to require that applicants pay for the notification costs for public hearings. Prior to scheduling a public hearing with the Planning Commission, payment of the following fees is needed: $106.70 Cost for newspaper advertisement $200.00 Cost for notification of adjoining owners (minimum $200 + actual postage /$1 per owner after 50 adjoining owners) $306.70 Total amount due prior to Planning Commission public hearing Prior to the Board of Supervisor's public hearing, payment of the newspaper advertisement for the Board hearing needed. $106.70 Additional amount due prior to Board of Supervisors public hearing $413.40 Total amount for all notifications Fees need to be paid in advance. Payment for both the Planning Commission and Board of Supervisors public hearings may be paid at the same time. Additional notification fees will not be required unless a deferral takes place and adjoining owners need to be notified of a new date. Feel free to contact me if you wish to meet or need additional information. My email address is asorrell @albemarle.org. Sincerely, Andy Sorrell, AICP Senior Planner cc: Justin Shimp, P.E., via e -mail: Tustin @shimp- engineering.com enc: Attachment A - Action After Receipt of Comments Attachment B — Resubmittal Schedule Attachment C - Resubmittal Form Attachment D Family Subdivision Regulations ATTACHMENT A DEPARTMENT OF COMMUNITY DEVELOPMENT o� r U�u�o —�iil [rJ �'IRGLNZP ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments; (2) Request indefinite deferral; (3) Request that your Planning Commission public hearing date be set; or (4) Withdraw your application. (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The remaining 2013 resubmittal dates may be found at www.albemarle.org in the "forms" section at the Community Development page. A resubmittal by October 21, 2013 would provide for a public hearing no sooner than December 17, 2013. Be sure to include the resubmittal form (Attachment C) with your submittal. The application fee which you have already paid covers staff review of the initial. submittal and one resubmittal. Each subsequent resubmittal requires an additional fee of $500.00. (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit /request a public hearing be set with the Planning Commission after the 30 day period.) (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. i After outstanding issues have been resolved and /or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the I I Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty -one (21) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty -two (22) days prior to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad Payments for Public Hearings form. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to, the applicant's attention. As always, an applicant may request deferral at the Planning . Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees may be paid in cash or by check and must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. ATTACHMENT B 201,3 Submilual and Revi.e%v Schedule Special Use Permits and Zoning Wlap Arn endme�,,Ints ResuI mlttal S,� hedule 6 7 .1 itte-ri Gornine n.,ts a n d Earl; 1 es_,i Pla n ITI i.--op C-onun is sion P u bil [c H.aartn g' RIRSLIJ-brnittal. DatAs Co:'111.1.11el"'Its to -,-.d Det Legal,' actline :I plapliji 71,g -applicant for decision ond.Decision for Coiiirniss'iah P'LlibliC on wh4-ntole-3, to Public Heal Raarin�g jaroceed tfj Rud-14C :Nci srx)rier tor. -,ri" H &La, I r i n g: �' Mondely VV e c I I a s c I i [4011M.ly T I. I i;_- s c ka y 777M, . . . . . . . .... . ............... ............. 4", ......... .. ...... . :7777M77= F., 7 77 ME'wa"5 ------ 77 77'- -777 TTAW���� ----- x:wl 77 . . . . . . . . . . . . . ..... ..... ..... . . . . . . . . . . . . . . .......... 77 -77— 77 ............... S 7 NN Oct 7 N uv .161 Nov 1:8 Dec -IG Nr;v 20 NiYv 25 Dec, 7 Nci v 4 De_G 4 23 Dec I f �,, x ij �.Jarv,14] Nov -1;8 Dec 16 e'-jan, �j 20, 4 Dec 2 zn i12014,!,".� Jan:6:2014,� j "31 8:201 4. Dec 16 : �.L -14': Z" Jan 15 2149. - Fab,_ 12044 Da tpz -sh ah-vn •in ii radros are 'Wianffe6 ClUe !C' a C:0 LMO T.V 11 011-MORY Tj"te revielv.ing plarri.e.r),vi'll of revie4v'�r.=_ and advise =hat dhzxgE!s thy : are ne-aded WE erioug'h -,o vcanrant ar, additian..-id submiz.ral Or _advise that the the projectL_=k ready tor a public headrig_ If changes ne--aded are minor, the planrie-r will ;.qd11Yizr_- tout the proj'ect go to pub1io 7hq larg'N ad� d _,adkne is the 1a., 6 .,,-t wh iCh an applicanz can dmac.A-z wh�Jner to res.i ibn7.ift c;x :go -IC. p•bkc: h_zqring. If an applio:--int de-oides to go to .,public :her-ariing aqzit'n.st trie -ad-vice of the re%,i -vii n.g plarin,es-_ a 101 derlial will lik :-jy raBult. C-5�.ner-ally, the applioanvoill veillb.nve anl.,eone op oortuni'<v to ci.sfer thc- PC puLiic hearing. far zh .pr -e- cnrjcoe it has bs en ad-v4=.qi5?dl -f pu;'bJi.o hearing.. Addidonad will nw b—:. allowed excepz ir-., i_xtraord-finary c.'ircumst-nr-ines such as; a majar r;h•nge in zh,s project p�ropoaal by -t-ire applioa nz or rnorni i.=-Su es J&E ntffiie_d by Staff that ha"---a not pre.-!ADusly been L. rou gh-, I, the aPpLiDanfE. alteration. \- 11�L`ar1'1C� Print Form;' FOR OFFICE USE ONLY Sl' # or ZMA # Pee Amount $ Date Paid By who? Receipt # Ck# By: 05' AL Resubmittal information for Special Use ]Permit or Zoning Map Amendment I �ltClS��h PROJECT NUMBER: SP 2013 - 00015 PROJECT NAME: Mahone Additional Development Right F- Resubmittal Fee is Required (- Per Request rX Resubmittal Fee is Not Required Andy Sorrell Community Development Project Coordinator Name of Applicant Phone Number Signature Date Signature FEES Date Resubmittal fees for original Special Use Permit fee of $1,000 $200 + actual cost of first -class postage rl First resubmission FREE r Each additional resubmission $500 L Resubmittal fees for original Special Use Permit fee of $2,000 r; First resubmission FREE F.7 Each additional resubmission $1,000 ; �.t -fi i �r.,� iY•5, ... } ... ,. F � 3.. ... .: .,. 'j �<: � d fit., } �- � : t,. {'.i % � Resubmittal fees for original Zoning Map Amendment fee of $2,500 r First resubmission FREE J- Each additional resubmission $1,250 Resubmittal fees for original Zoning Map Amendment fee of $3,500 r:. First resubmission FREE J7. Each additional resubmission $1,750 P.., -t Deferral of scheduled public bearing at applicant's request - Add'1 notice fees will be required $180 To be paid after staff review for public notice: Most applications for Special Use Permits and Zoning Map Amendments require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper anti by mailing letters to adjacent property owners. Therefore, at least two fees for public notice are required before a Special Use Permit or Zoning Map Amendment may be heard by the Board of Supervisors. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. MAKE CHECKS TO COUNTY OF ALBEAJARLE /PAYMENT AT COMMUNITY DEVELOPMENT COUNTER Preparing and mailing or delivering up to fifty (50) notices $200 + actual cost of first -class postage Preparing and mailing or delivering each notice after fifty (50) $1.00 for each additional notice+ actual cost of first -class postage Legal advertisement (published mice in the newspaper for each public hearing) Actual cost (minimum of $280 for total of 4 publications) County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 6/7/2011 Page 1 of 1 ATTACHMENT D Regulations regarding Albemarle County Family Subdivision Procedures From Chapter 14, Albemarle County Code, "Subdivision of Land" as of 10/1/2013 14 -210 Family subdivisions; procedure. Each plat for a family subdivision shall be submitted, reviewed and approved as follows: A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1 -82. If land is to be transferred to a member of the immediate family owning an abutting lot as part of a family subdivision, the land shall be combined with the abutting lot and shall be so noted on the plat by appropriate symbol and wording. B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter. If the agent determines that the plat complies, he shall approve the plat. If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit approval. The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider. However, if the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that approval has been obtained, the agent shall approve or disapprove the plat within thirty -five (3 5) days after receipt of approval from the agency, department or authority, provided that the plat shall be approved or denied not later than ninety (90) days after submittal of the plat. - C. The approval of a plat for a family subdivision shall be subject to the conditions of approval set forth in section 14 -212. (9 -5 -96, 8- 28 -74; 1988 Code, § 18 -58; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference -Na. Code §§ 15.2- 2241(1), 15.2 - 2241(9), 15.2- 2244(C), 15.2 -2258. 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. The family subdivision is not sought for the purpose of circumventing the requirements of this chapter applicable to subdivisions. In determining whether a family subdivision is sought for the purpose of circumventing the requirements of this chapter, the agent shall consider the following factors, among others: 1. Whether the subdivision promotes the cohesiveness of the family; 2. Whether the subdivision is profit motivated for short-terra investment purposes; 3. The length of time the subdivider has owned the property; and 4. Whether, after the family subdivision is approved, a lot created by the family subdivision is conveyed back to the grantor or to a third party. (9 -5 -96, 1 -3- 96,.4- 13 -88, 12- 21 -83, 10- 17 -79, 8- 28 -74; 1988 Code, § 18 -57; Ord. 98 -A(1), 7- 15 -98; Ord. 05-14(1),4- 20-05, effective 6- 20 -05) State law reference -Na. Code § 15.2- 2244(C). 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 -210. 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." (9 -5 -96, 1 -3 -96, 4- 13 -88, 12- 21 -83, 10- 17 -79, 8- 28 -74; 1988 Code, § 18 -57; Ord. 98 -A(l), 7- 15 -98; Ord. 05-14(l),4- 20-05, effective 6- 20 -05; Ord. 08- 14(1), 2 -6 -08) 14 -20 Supp. #19, 7 -08 State law reference - -Va. Code § 15.2- 2244(C).