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HomeMy WebLinkAboutSP200900033 Review Comments Special Use Permit 2010-02-04M Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 February 4, 2010 Mr. Coleman Morris 5391 Morris Knoll LN Charlottesville VA 22902 Re: SP200900033 Coleman Morris Development Rights Dear Mr. Morris Thank you for your recent submittal received on December 18, 2009, for the review period beginning December 21St for the above noted project. Staff has reviewed your submittal and requests additional information /corrections, as described below. Although Joan McDowell 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. Seven copies of the revised plan and one reduction no larger than 8 % " by 14" need to be re- submitted reflecting /correcting the following comments. Planning Division: 1. Comprehensive Plan — the Rural Areas section of the Comprehensive Plan does not encourage residential development in the Rural Areas. The Guiding Principles identifies eight principles that have been determined to be important components of the -- 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 stating 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 Areas. 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 property 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." Planning review of this application will be based in these Comprehensive Plan policies. 2. Please provide a sketch plan showing the approximate location of the proposed parcel. Also, see VDOT comments below for additional information to be shown on the sketch plan and note the intended access. 3. Please verify that the proposed property line is at least 25 feet from the existing dwelling. 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. This building site should be shown on the sketch plan. 5. In the pre - application conference, you mentioned that this parcel would be given to a then unborn grandchild, and would be owned by that grandchild for a minimum of 4 years, in order to comply with Section 14 -212. Is that still the intention? As we discussed, a member of the "immediate family" is defined in Section 14 -106 as follows: The term "member of the immediate family" means the natural or legally defined off - spring, grandchild, grandparent, or parent of the owner of property. Please explain the intended future transfer(s) of the proposed new lot. Virginia Department Of Transportation (VDOT): 1. Sight distance triangles need to be within a dedicated sight easement when outside of the right of way or prescriptive easement of the road. 2. Sight lines need to be shown to the center of the approach lane in both directions. It appears that the sight line may fall outside of the right of way on the inside of the horizontal curve to the south of the entrance. Health Department: 1. Please provide written verification of your Health Department approval for the septic system and the drinking -water well on the proposed lot. I am enclosing a copy of a re- submittal schedule and Sections 14 -210, 211, and 212 of the Subdivision Ordinance, for your reference. Please let me know if you have any questions. Sincerely, Scott Clark Senior Planner 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 (35) 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. 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-term 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. 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 cograntee 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."