HomeMy WebLinkAboutSUB202200201 Review Comments Final Plat 2023-01-06County of Albemarle
Sli COMMUNITY DEVELOPMENT DEPARTMENT
Memorandum
To: Matt Betty (MATT.BERRY@DOSAMIGOSLANDSCAPING.COM)
From: Kevin McCollum, Senior Planner
Division: Planning
Date: January 6, 2023
Subject: SLTB202200201 Berry/Schott Two -Lot Division
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone:434-296-5832
WW W.ALBEMARLE.ORG
The County of Albemarle Planning Division will grant or recommend approval of the plat referenced above once
the following comments have been addressed: [Each comment is preceded by the applicable reference, which is
to the Subdivision/Zoning Ordinances unless otherwise specified.]
1. [14-302(A)(9)] Include the following standard note: "Parcel A and the residue of TMP 115-39 each contain a
building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance." Rev. 1: Comment
addressed.
2. [14-302(A)(10)] Include a note with the amount of division development rights for each parcel.
Rev. 1: Comment partially addressed. Please include a note that states "When utilized, the lots created
using these development rights shall not exceed 31 acres."
Staff agrees that there are five (5) theoretical development rights associated with TMP 115-39. It is up
to the owner to delineate these development rights upon this division. Staff has no objections to the
proposed delineation of these rights; 2 development rights to Parcel A and the remaining 3 development
rights with the residue of TMP 115-39.
However, Staff would like to point out the following regulations and give you the opportunity to revise
if necessary. Section 10.3.1 of the Zoning Ordinance provides that when used these development rights
cannot exceed 31 acres. Section 10.3.2 further states that development rights are not needed for parcels
of 21 acres or more.
Why I bring this up is because Parcel A is 23.10 acres in size and has 2 development rights. This means
that if Parcel A is further divided it would need at least one development right. It could create a 2.10
acre parcel and a 21 acre parcel but this would only utilize one development right. It would also be only
using 2.10 out of the total 31 acres allowed to be used along with these development rights. If that same
23.10 acre lot was instead divided into a 10 acre lot and a 13.10 acre lot it would then use both
development rights and all 23.10 acres out of the allotted 31 acres. This would mean that TMP 115-39
would have only 7.9 acres left to use their 3 development rights. This of course is feasible given the
minimum lot size of 2.0 acres, but I just wanted to point this out in case you wanted to make any
revisions to the allotted development rights.
Another theoretical example is if Parcel A was increased to 25.10 acres in size and had 2 development
rights it would be able to create a 21 acre parcel, a parcel of 2 acres, and a parcel of 2.10 acres utilizing
only 2 development rights and 4.10 acres of the permitted 31 acres allowed to be used with the
development rights. TMP 115-39 would then have 36.8 acres instead of 38.8 but would be permitted to
create a 21-acre lot and have the remainder of the 15.8 acres to use all three of the remaining
development rights.
I would be happy to explain this further if you have any questions. Some useful resources are also
available on our website here.
Rev 2: Comments addressed.
3. [14-302(A)(11)] Include the deed book and page number of the instrument whereby the property was created,
as recorded in the office of the clerk of the circuit court of the county.
a. Include a list of any associated plats or divisions. This information is pertinent to tracking
development rights associated with the parent parcel TMP 115-39.
Rev. 1: Comment addressed.
4. [14-302(A)(14)] Update the current owner note on the plat. Please make sure this matches the most recent
recorded instruments associated with the property. Rev. 1: Comment addressed.
5. [14-302(B)(1)] Add a date of revision. Rev 2: Comment addressed.
6. [14-302(B)(5)] Revise the Zoning information in Note 5. The subject property is zoned Rural Areas (RA).
Rev. 1: Comment addressed.
7. [14-302(B)(7)] Add a note that the subject property is not within a Water Supply Watershed or an
Agricultural/Forestal District. Rev. 1: Comment addressed.
8. [14-302(B)(9)] Based on Albemarle County GIS it appears the property is not within the Flood Hazard
Overlay District. Note 6 can be removed or provide additional information to suggest the property is within
the floodplain. Rev. 1: Comment addressed. Original comment made my mistake. Note 7 says "outside"
of the floodplain.
9. [14-302(B)(10)] Show the stream buffers on the plat. Add a note that states: "The stream buffer(s) shown
hereon shall be managed in accordance with the Albemarle County Water Protection Ordinance." Rev. 1:
Comment addressed.
10. [14-303(A)] Provide the statement of consent to division. A statement that: "The platting or dedication of the
following described land [insert a correct description of the land subdivided] is with the free consent and in
accordance with the desire of the undersigned owners, proprietors and trustees, if any." Rev. 1: Comment
addressed.
11. [14-303(0)] Provide signature panels for each owner and for the Agent for the Board of Supervisors. The
signature panel for the owner shall be located immediately below the statement required by comment 10
above. Rev. 1: Comment not fully addressed. Provide a signature panel for the Agent for the Board of
Supervisors. See example below. Rev 2: Comment addressed.
APPROVED FOR RECORDATION
Agent for the Date
Board of Supervisors
12. [14-303(P)] Provide notary panels for the notary to acknowledge the signature of the owner. Rev. 1:
Comment addressed.
Please contact Kevin McCollum in the Planning Division by using kmccollum@albemarle.org or 434-296-5832
ext.3141 for further information.
Comments from Other Reviewers:
N/A