HomeMy WebLinkAboutSUB201300013 Review Comments Family Division Plat 2013-02-21,0 AL
County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: Archie Dodson, JR.
From: Christopher P. Perez, Senior Planner
Division: Current Development
Date: February 21, 2013
Subject: SUB 2013— 00013 Diana Kennedy - 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. [14-212] 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.
3. [14-212(C)] [14-316] Approval of entrance onto public streets. For this subdivision provide VDOT
approval of the existing entrance for the 40' private right-of-way onto State Route 635.
4. [14-212(D)] Family subdivisions, conditions of approval. On sheet 1 a note referencing a 2 yr holding
period was provided on the plat; however, this note does not meet County requirements. Below I
have provided the note which meets County requirements, please revise the plat to replace the
existing note with the following: "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. "
5. [14- 302A(2)] Vicinity map. The current vicinity map is not legible and does not show the property
clearly. Revise to assure that the map is a scale of one (1) inch equal to two thousand (2,000) feet
showing the property and its relationship with adjoining land and streets, its relationship with
landmarks in the area.
6. [14- 302(8)(1)] General Information. When the plat is revised, please provide the date of the last
revision on the plat.
7. [14- 302(B)(7)] Reservior watershed. A notation as to whether the land is within an Albemarle County
and /or City of Charlottesville water supply watershed. The property is within the Upper Mechums
River Water Supply Watershed which is located in the South Fork Rivanna Watershed, provide
notation to this on the plat.
8. [14- 302(B)(8)] Yards. On sheet 1 revise the setbacks for RA: Front yard setbacks along private
easement is 25 feet , Front setbacks along State Routes are 75 feet. Rear setbacks are 35 feet.
Revise.
9. [14- 302(A)(9)] Building sites on proposed lots. On the plat revise the note "Parcel X contains a
building site that complies with... ". The plat must assure that each lot involved in the division
(including the residue) has a building site which meets section 4.2.1. If applicable revise to comply
with the ordinance. It should read: "Lot_ and the residue of Tax Map / Parcel each contain
a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance."
10. [14- 302(A)(10)] Right of further division of proposed lots. When this property was last divided in
2002, TMP 85 -18C retained 3 Development Rights (DR). As proposed with the current division the
acreages of the lots are uneven (2.388 and 3.614) thus one development right is being lost in the
division. In order to assure that the development right is retained, revise the plat to sustain the
minimum required for the zoning and the minimum required to maintain the additional
development right (2 acres and 4 acres). Otherwise know that one development right is being lost
from TMP 85 -18C due to the division not having enough acreage to support an additional
development right.
11. [14- 302(A)(10)] Regardless of the above, on the plat revise the notes for development rights so they
comply with the ordinance. Provide the following note on the plat depending on how you choose to
address the matter mentioned above:
If the applicant chooses to leave the acreages as provided then provide the following note:
"Parcel X is assigned 1 development right and may not be further divided. The residue of Tax
Map /Parcel 85 -18C retains 1 development rights and may not be further divided."
OR
If the applicant chooses to revise the acreages as mentioned above then provide the following note:
"Parcel X is assigned 1 development right and may not be further divided. The residue of Tax
Map /Parcel 85 -18C retains 2 development rights and may be further divided."
12. [14- 303(A)] Statement of consent to division. On the plat revise the Owner's Consent statement so it
fully complies with the ordinance and includes the following segment which was omitted from the
plat: "Any reference to future potential development is to be deemed as theoretical only. All
statements affixed to this plat are true and correct to the best of my knowledge."
13. [14- 302(A)(3)] Existing or platted Streets. On the plat provide the name of the existing 40' r /w.
County records indicate it as "Ellydia Lane ".
14. [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."
15. [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."
16. [14 -309 & 14 -310] Soil evaluations, Health Director Approval of septic systems. Soil work has been
provided by the applicant. The County has forwarded the documents to the Health Department (HD)
and is awaiting their approval. Approval by the HD is required before the plats can be approved.
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. [Comment] Note #2 on sheets 1 and 2 which regard to FEMA FIRM maps seem to contradict each
other. Revise to assure that they match.
19. While not required for a family subdivision, staff recommends the applicant develop a revised
maintenance agreement for the private road to include the new lot. The existing maintenance
agreement appears to be located in DB 657 PG371. If your client chooses to develop a revised
maintenance 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.