HomeMy WebLinkAboutSUB201100142 Review Comments Family Division Plat 2012-01-04o�
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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434 - 296 -5832
Memorandum
To: Steve Garrett
From: Christopher P. Perez, Senior Planner
Division: Current Development
Date: January 4, 2012
Subject: SUB 2011 -00142 Godfrey- Family
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.]
1. [14 -400] Minimum Lot Requirements. As depicted Lot 1 lacks the required 250' of frontage on the
state road, thus the lot must have a minimum of 150' of frontage on an internal private road. In
order to accomplish this, on the plat provide a 30' wide private road access easement over the
existing driveway (which currently serves the two existing dwellings) for a minimum distance of
150'. This will provide Lot 1 the required frontage it needs to be plated as depicted. ,
2. [14- 302(B)(8)] Yards. Once the above issue of frontage has been addressed, reorient the setbacks on
the plat so that the front yard is adjacent to the private street upon which the lot is getting frontage.
Additionally, the front setback along an internal private street is 25', not 75'. Revise.
3. [14- 302(A)(9)] Building sites on proposed lots.On the plat revise the note for buildable area and
slopes so they comply with the ordinance. Provide the following note on the plat: "Lot 1 and the
residue of Tax Map / Parcel 93 -109 each contain a building site that complies with section 4.2.1 of the
Albemarle County Zoning Ordinance."
4. [14- 302(A)(10)] Right of further division of proposed lots. On the plat revise the notes for
development rights so they comply with the ordinance. Provide the following note on the plat: "Lot
1 is assigned 1 development right and may not be further divided. The residue of Tax Map /Parcel
93 -109 is retaining 4 development rights."
5. [14- 302(B)(6)] Tax map and parcel number. On the plat the 2 acre lot is referred to as "Lot A" and
"Lot 1 ", revise to assure consistency with the signed /notarized Affidavit Verifying Family
Relationship, thus discontinue any reference on the plat to "Lot A ".
6. [14- 302(8)(5)] Zoning Classification. The zoning classification of the property, including all applicable
zoning overlay districts, proffers, special use permits and variances. The zoning and the magisterial
district of the property is not listed on the plat. Revise the plat to provide the information: RA
Zoning District, Scenic Byways Overlay, and Scottsville Magisterial District.
7. [14- 303(E)] Dimensions standards and information on all lots, streets, alleys, easements, and shared
driveways. Easements shown for private streets shall be labeled as "Private Street Easement ", the
easement holder(s) shall be identified on the plat.
8. [14- 303(N)] Statement pertaining to private streets. Provide the following note on the plat: "The
streets in this subdivision may not meet the standards for acceptance into the secondary system of
state highways and will not be maintained by the Virginia Department of Transportation or the
County of Albemarle."
9. [14- 303(0)] Signature panels. Revise the "Director of Planning" signature panel to read "Agent for
the Board of Supervisors." As the Director of Planning will not sign and approve the plat rather the
Agent shall.
10. [14- 303(P)] Notary panels. The owners have signed the plat, however their signatures are not
notarized. When the plat is revised assure that the owners sign the plat in the presence of a notary.
11. [14- 303(Q)] Water supply. The property is not within the service authority jurisdictional area, thus
the following statement must be provided on the plat: "Under current county policy, public water
and /or sewer service will not be available to this property."
12. [14- 303(S)] Control points. At least four (4) control points, evenly distributed across the property and
located at survey property corners, and shown on each sheet depicting the property. At the option of
the subdivider, the control points may be shown on a copy of the final plat, rather than on the
original final plat. Add control points to the plat, or provide a separate copy of the plat with control
points as indicated above.
13. [14- 308.1] Groundwater assessment. This subdivision requires a Tier 2 groundwater assessment.
Provide the proper fee of $330 for this assessment. Provide your payment to the Community
Development front desk.
14. [14 -309 & 14 -310] 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 the proposed lot and the residue
lot to assure each lot has the capability to obtain both a primary and a reserve drainfield onsite).
15. [14- 212(8)] 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 draft of restrictive covenant to
me. I will review and forward to County Attorney for his review.
16. [14- 212(D)] Family subdivisions; conditions of approval. Provide the following note on the plat: "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 from 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."
17. [14 -412] Standards for private streets only. Provide the following note 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."
18. On the plat omit the note: "TMP 93 -109 may not be further divided without Planning Commission
Approval" and "This private road will provide reasonable access by motor vehicle as required by
Section 18 -36 of the Albemarle County Code" as these notes are not correct nor applicable to this
subdivision.
19. While not required for a family subdivision, staff recommends the applicant develop a maintenance
agreement for the private road. Attached is a template to develop the maintenance agreement. If
your client chooses to develop the agreement please submit the draft to me and I will review and
forward to County Attorney for his review.
Please contact Christopher Perez at the Division of Current Development at cperez @albemarle.org or
434 - 296 -5832 ext. 3443 for further information.
Prepared by:
PARCEL ID: 00000 -00 -00 -00000
DECLARATION
THIS DECLARATION is made this _ day of _, _, by , (the "Declarant ").
WITNESSETH:
WHEREAS, the Declarant is the owner of the property containing . acres more or
less, known as TMP 00000- 00 -00- 00000, (the "Property ") as shown on the plat identified as
"TITLE OF SUBDIVISION PLAT ", dated made by NAME OF
SURVEYOR., 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 "Lot 1 ",
containing _._ acres, and the "Residue Lot ", containing _. acres, 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 Lot 1 and the Residue Lot 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 Lot 1 and the Residue Lot as further
shown on the Plat.
2. Neither Lot 1 or the Residue Lot, 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
Declarant, 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 either lot created is conveyed back to the grantor during the four (4) year
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.
I/)—
WITNESS the following signature and seal.
NAME OF DECLARANT
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF ; to wit;
(Seal)
The foregoing instrument was acknowledged before me this day of ,
2010, by NAME OF DECLARANT.
My commission expires:
Notary Public
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Prepared by ATTORNEY OR FIRM
Albemarle County Tax Map 00000 -00 -00 -00000
MI XOWTI 7 .141to)0
The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the
"Agreement ") is made this day DAY of MONTH YEAR, by OWNERI and OWNER2
(hereinafter, the "Declarant "), whose address is ADDRESS.
WHEREAS, the Declarant(s) is /are the owner(s) of a parcel of land known as
Albemarle County Tax Map MAP # Parcel PARCEL # pursuant to the plat /deed in Deed
Book BOOK #, Page PAGE #; and
WHEREAS, Tax Map MAP # Parcel PARCEL # will be subdivided by the
Declarant into Lots # or LETTER and # or LETTER, containing # and # acres
respectively, as shown and described on a plat by SURVEYOR NAME, dated DATE, a
copy of which is hereto attached and made part of this Agreement (hereinafter, the
"Plat "); and
WHEREAS, the access easement shown on the Plat will be a new or existing # of
FEET WIDE foot non - exclusive ingress and egress easement (hereinafter, the "Street ")
for the use and benefit of Lots # or LETTER and # or LETTER (or all lots) shown on
the Plat.
NOW, THEREFORE, for and in consideration of the premises and the
undertakings contained herein, the Declarant hereby imposes upon Lots # or LETTER
and # or LETTER a Street to be maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum # of FEET
(describe the standard that the street will be constructed to. Example — a "X feet"
wide base of gravel or a superior surface as agreed to in the future via supplemental
declaration), and maintained in perpetuity to substantially the same condition it was in
when approved by the County. The travelway shall at all times be maintained so that it is
safe and convenient for passenger automobiles and emergency vehicles_ at all times
except in severe temporary weather conditions.
MAINTENANCE: For purposes of this instrument, `maintenance', includes the
maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage
facilities, utilities, dams, bridges and other private street improvements, and the prompt
removal of snow, water, debris, or any other obstruction so as to keep the private street or
alley reasonably open for usage by all vehicles, including emergency services vehicles.
The term "to maintain," or any derivation of that verb, includes the maintenance,
replacement, reconstruction and correction of defects or damage.
V.a
COST OF MAINTENANCE: The owner(s).of Lots # or LETTER and # or LETTER
shall be equally responsible for the cost of the maintenance of, and or repair to the Street,
from LOCATION X to LOCATION Y. Any further division of Lots # or LETTER
and # or LETTER shall require the reassessment of cost to be equally shared by all
owners using of the Street. No public agency, including the Virginia Department of
Transportation and the County of Albemarle, Virginia, will be responsible for
maintaining any improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Street, any further
construction, maintenance or repair shall be undertaken only with the mutual consent of
all owners, provided that in the event that one of the owners determines that the Street is
not safe and convenient for passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions and such owner gives 30 days prior
written notice to all other owners using the Street, such owner may commence or contract
for maintenance or repair to bring the Street to the minimum standard and the charges
therefore shall be the responsibility of all owners using the Street.
DEFAULTING OWNER(S): If any owner shall fail to pay his /her proportionate
share of the costs of maintenance or repair for which he /she is responsible, as provided
hereinabove, any other owner not in default, or the person or corporation performing such
maintenance, may after 30 days written notice to the defaulting parcel owners) bring an
action of law against each defaulting parcel owner in a court of competent jurisdiction
and /or may record in the Clerk's Office of the Circuit Court of Albemarle County, a
Notice of Lien against all of the said defaulting parcel owners to secure the payment of
the assessment of a parcel failing to pay his /her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum
judgment rate provided by law from the date of completion of the maintenance; and the
delinquent Owner shall be liable to pay all costs of collection, including reasonable
attorney's fees.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed on its behalf by its duly authorized agent.
OWNER
STATE OF VIRGINIA AT LARGE
CITY /COUNTY OF , to -wit:
The foregoing Declaration was
acknowledged before me this day of , 2002, by OWNER.
My commission expires: DATE
2a-
Notary Public