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Home My WebLink AboutSUB201400033 Review Comments 2014-02-18Review Comments Project Name: Virginia H. Young - Family Division Family Division Date Completed: IThursday, April 24, 2014 Reviewer: Christopher Perez Department /Division /Agency: CD Reviews Review Status: Approved Christopher Perez From: Christopher Perez Sent: Wednesday, April 16, 2014 5:50 PM To: 'Gwen Lacy' Subject: RE: SUB2014 -33 Virginia Young - family division Attachments: County Attorney approval of legal doc .pdf Gwen, I received Health Department approval for the above mentioned project. Attached is the County Attorney approval of the draft Declaration. Assure that this document is signed /notarized by the applicant. The originals for the Family Division Affidavit Verifying Family Relationship has also been approved and is in my office (and will be returned to the applicant for recordation once the plat has been approved). Both of these documents will need to be recorded in the Clerk's Office with the final plat. The plat is ready for signatures. Please have the applicants sign the plat/ notarize it and submit for signatures with the signed /notarized Declaration mentioned above. Christopher P. Perez I Senior Planner Department of Community Development ICounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 From: Gwen Lacy [ mailto :gwenlacy(a)earthlink.net] Sent: Tuesday, March 11, 2014 12:58 PM To: Christopher Perez Cc: sculptor(almillicentyoung.com; Roger W. Ray & Associates Inc. Subject: Re: SUB2014 -33 Virginia Young - family division Chris, Thanks for your comments on the Young Family Division. Please find attached a pdf copy of the revised plat addressing your comments dated March 7, 2014. 2. Ms. Young's attorney is working on the Family Subdivision restric-tive covenant requirement. 3. Please • attached a copy of the Health Department permit #101-99-0628 for Please forward this to the Health Department for their approval on this project. 4. . 415A(4)] is not required (Existing houses Section 14 316). 5. Note #3 has been removed and the O■ has been added to note A with the zoning designation. 6. A revised date has been added to the plat-. Please review these revisions and let me know when you have received the other required approvals. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 1717-1b Allied Street Charlottesville, Va 22903 434 - 293 -3195 tel 434 - 293 -4202 fax From: Christopher Perez Sent: Friday, March 07, 2014 4:09 PM To: Gwen Lacy Cc: sculptorCabmillicentyoung.com Subject: SUB2014 -33 Virginia Young - family division SUB2014 -33 Virginia Young - family division Gwen, Attached are the comments for the above mentioned project. Christopher P. Perez I Senior Planner Department of Community Development I County of Albemarle, Virginia 401 Mch►tire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 Community Development Document Review County Attorney's Office TO: L-h,r 1 PROJECT NUMBER: .S U 6 C(Y3 3 n"10 i rj ` ir' )t-I DN You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way / Parcel determination V Other: .e/ t(..;ct- t1 The document: Iis approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) :Legal description needs to be revised (see comment below) : Other(see comment below) Comment: If the document is approved,was submitted with the applicants'signatures,and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures,a final version of the document with the required signatures may now be submitted. N 111414 Ikvtamir Date: (0.3/ (/) Greg 1 .' e Deputy tou ty tti ey Prepared By Richmond and Fishburne TMP: 02000-00-00-002B0 and Return To: 210 E.High Street Charlottesville,Virginia 22902 Marcelle Morel, VSB#45680 DECLARATION THIS DECLARATION is made this day of March, 2014, by Virginia Heyer Young (also known as Virginia H. Young), Trustee of the James Sterling Young Family Trust and of the Virginia Heyer Young Living Trust dated May 15, 1997, as amended, (hereafter called "the Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 42.33, acres more or less, known as TMP 02000-00-00-002B0, (the "Property") as shown on the plat identified as "FAMILY SUBDIVISION PLAT, PARCEL Cl, CONTAINING 10.13 ACRES, A DIVISION OF PARCEL C, SWIFT RUN FARMS, THE PROPERTY OF VIRGINIA HEYER YOUNG, TRUSTEE OF THE JAMES STERLING YOUNG FAMILY TRUST AND VIRGINIA HEYER YOUNG LIVING TRUST, LOCATED ON EXISTING 50' JOINT DRIVEWAY EASEMENT AND EXISTING 50' INGRESS & EGRESS EASEMENT, OFF STATE ROUTH 743, WHITE HALL MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA," dated February 6, 2014, revised March 10, 2014, made by ROGER W. RAY & ASSOC., INC., a copy of which plat is attached hereto and recorded herewith (the"Plat"). WHEREAS, the Declarant desires to record the Plat to subdivide the Property into "Parcel Cl," containing 10.13 acres, and the "Parcel C Residue," containing 32.20 acres, more or less, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Parcel Cl and the Parcel C Residue and the Declarant desires to impose such restrictions. NOW THEREFORE,the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Parcel Cl and the Parcel C Residue as further shown on the Plat. 2. Neither Parcel Cl and the Parcel C Residue, may be transferred, except following the death of Virginia Heyer Young, to a person other than an eligible member of the immediate family of Virginia Heyer Young 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. If, after being conveyed to an immediate family member, either Parcel Cl or the Parcel C Residue is reconveyed back to Declarant during the four (4) year retention period, (i) it shall be recombined with the other lot within six(6) months after such reconveyance Now, Now- back to Declarant and (ii) no building permits shall be issued for either Parcel Cl or the Parcel C Residue until they are recombined. WITNESS the following signatures and seals. (Seal) Virginia Heyer Young, Trustee of the James Sterling Young Family Trust and of the Virginia Heyer Young Living Trust dated May 15, 1997, as amended COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to wit; The foregoing instrument was acknowledged before me this day of_ , 2014,by Virginia Heyer Young,Trustee of the James Sterling Young Family Trust and of the Virginia Heyer Young Living Trust dated May 15, 1997, as amended. My commission expires: Notary Public Note to the file: The 50' Joint Access Driveway Easement was originally developed with the 1974 plat of the Swift Run Farms division, at that time the road was not an approved private street. Then in 1989 with the approval of the family division of TMP 20-2 for Michael Dinglio the County accepted that easement as an approved private street by the County through the family subdivision section of the ordinance. The 50' joint driveway easement should truly be labeled as "Private Street Easement per DB 1069-701". This plat is utilizing the provision of the ordinance to divide a single lot with two homes on it as of 2009 into two lots with the following exemptions: * Section 14-316 Approval of entrance onto public streets.No entrance of the principle means of access required. Thus VDOT does not need to review this family division's entrance onto the public road. * Section 14-400 Minimum Lot Requirements.No street frontage or lot access requirement shall apply. * Section 14-403 Lot Frontage.No frontage on an existing or proposed street required. U vlRcir�P County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434 - 296 -5832 Memorandum To: Gwen Lacy From: Christopher P. Perez, Senior Planner Division: Current Development Date: March 7, 2014 Subject: SUB201400033— Virginia H. Young - Family Division Fax 434 - 972 -4126 The County of Albemarle Division of Current Development will grant or recommend approval of the Family Subdivision 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.] [14 -212] Affidavit. The County has received the required affidavit from the applicant. This document will be provided to the County Attorney for his review once the applicant submits the restrictive covenant mentioned in the following comment which must also be sent to the County Attorney for review /approval. 2. [14- 212(B)] Family subdivisions; conditions of approval. 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. A template for this covenant is attached. Please submit a draft of the restrictive covenant to me, and I will review them and forward them to the County Attorney for his review/ approval. [14 -309 & 14 -3101 Soil evaluations; Health Director Approval of wells and septic systems. Provide three copies of the results of percolation tests or other methods of soil evaluation used to determine the suitability of the soil for septic systems with conventional drain fields for review and approval by the Health Department. This requirement is for both Parcel C1 and the Residue (Parcel Q. Currently the Soil work for the Residue (Parcel C) is all that was provided; this has been forwarded onto the Health Department for review. Please provide Soil Work or previous Health Department approval for the existing home on Parcel C1 to assure it has both a primary and reserve drainfield. Approval by the HD is required before the plat can be approved. 4. [14- 415A(4)] Streets serving family subdivisions. Each private street authorized to serve a family subdivision under section 14- 232(B)(1) shall satisfy the following: ... (ii) the surveyor shall include the following wording on the plat: "The existing and /or proposed right -of -way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 14 -412 of the Albemarle County Code. " 5. [Comment] It is suggested that note #3 be revised to make note of the official determination that was conducted on January 7, 2009 for TMP 20 -213. For your records attached is a copy of this document. 6. [14- 302(B)(1)] General Information. When the plat is revised, please provide the date of the last revision on the plat. Please contact Christopher Perez at the Division of Current Development at cperezkalbemarle.org or 434 - 296 -5832 ext. 3443 for further information.