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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434 - 296 -5832 Fax 434 - 972 -4126
Memorandum
To: Ed Campbell (ed @roudabush.com)
From: Ellie Ray, CLA, Senior Planner
Division: Planning
Date: January 8, 2014
Subject: SUB 201300187 Jennifer Levien — Boundary Line Adjustment
The County of Albemarle Planning Division will grant or recommend approval of the Boundary Line Adjustment
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.]
[14-302(A)(10)&18-10.3.1] Right of further division of proposed lots. It appears that TMP 47 -74 was
44.67 acres on December 10, 1980 when development rights (lots in the Rural Areas less than 21 acres)
were established. On November 8, 1989 the `conventional development' section of the ordinance was
modified to limit the acreage used in aggregate by all development rights to no more than 31 acres. The
creation of TMP 47 -74C in 2001 used 6 of the available 31 acres, which left 25 acres to be used for the
remaining 4 development rights. The parcel was /is 38.67 acres after the 6 acre division, so in order to limit
the acreage used by development rights to 25 acres or less, a 21 acre parcel must be accommodated. This
effectively limits the acreage available to remaining development rights to approximately 17 acres. As
proposed, this boundary line adjustment and associated development right allocation do not adhere to the
"31 acre rule ", and would limit the owner's ability to utilize the development rights in the future. There are
several options to bring it in to compliance: one option is to maintain 47 -74 as a 21 -acre parcel and transfer
all 4 development rights with a roughly 17 -acre Parcel 'Y', another is to maintain 47 -74 as a minimum 29-
acre parcel (though you'd likely want more to allow for right -of -way) and transfer no development rights with
a 9 -acre Parcel 'Y'...and all the variations in between. The plat shall contain the following note: "Parcel
[letter or number] is assigned [number] development rights and may /may not be further divided and when
further divided these rights shall not comprise more than [number] acres. The residue of Tax Map /Parcel
[numbers] is retaining [number] development rights and when further divided it shall not consist of more than
[number] acres" to clarify the acreage restrictions for all development rights. Feel free to get in touch if you
need more clarification.
2. [14- 302(8)(1)] General information. The revised plat sent via email 1/8/14 was reviewed and comments are
provided; please include the revision date for those changes and all other revisions on the next official
submittal.
3. [14- 303(A)] Statement of consent to division. The County's standard consent statement was revised
effective January 1, 2014 to be in compliance with state code. Please revise the statement on the plat to
the following: "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."
4. [14- 303(D)] Acreage of lots. The revised plat submitted via email 1/8/14 has a few minor acreage mistakes.
It appears that the starting acreage of TMP 47 -74 should have been updated to 36.665 acres. Similarly, it
seems that the proposed acreage of TMP 47 -57 (in bold font) should be revised to 36.295 acres.
Please contact Ellie Ray in the Planning Division by using eray(@albemarle.org or 434 - 296 -5832 ext.3432 for
further information.