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Home My WebLink AboutSUB201400123 Correspondence ROCR W. RAY & ASSOC., INC. 1717-1B ALLIED STREET CHARLOTTESVILLE, VIRGINIA 22903 TELEPHONE: (434) 293-3195 FAX NUMBER: (434) 293-4202 E-MAIL: RWRINC @EARTHLINK.NET Land Surveyors Brian S. Ray, LS Land Planners Roger W. Ray, LS March 11, 2014 Mark Graham Directory of Community Development 401 McIntire Road Charlottesville, Virginia 22902 (434) 296-5832 phone (434) 972-4126 fax RE: Section 14-207 Dear Mr. Graham: We are requesting a verification from you, as the designated agent for the Albemarle County Board of Supervisors to administer Chapter 14 (Subdivision Ordinance), that we are interpreting Section 14-207 Rural subdivisions, two lot subdivisions, subdivisions following final site plan approval, and subdivisions creating one special lot and one residue lot correctly. Our interpretation of Section 14-207.D is that Section 14-404 only applies to the divisions described in Section 14-207 if any proposed lot would have less than five hundred feet of frontage on a major rural street identified in subsection 14-207(E), and that Section 14-404 would not apply to the divisions described in Section 14-207 on all other rural streets. We have discussed this with Francis MacCall and J.T. Newberry and they seem to agree with our interpretation of this section. However, we now have two separate clients that knowing the interpretation of this section is crucial to their purchase and/or subsequent division of the property. Your earliest response to this request will be greatly appreciated. Respectfully, a/ d Roger W. Ray, LS copy: Jackson Fellows [dancingdeerforge @hotmail.com] Richard & Deanna McGlothlin [deanna.mcglothlin @vacle.org] Francis MacCall [fmaccall @albemarle.org] J. T. Newberry [jewberry@albemarle.org] S 4 Johnathan Newberry From: Johnathan Newberry Sent: Monday, January 13, 2014 9:53 AM To: 'Jackson Fellows' Subject: RE: checking in on are conversation-85-17B Hi Jackson, Did you receive the email below on Friday? J.T. From: Johnathan Newberry Sent: Friday, January 10, 2014 3:45 PM To: 'dancingdeerforge @hotmail.com' Cc: Francis MacCall Subject: RE: Question from Web Page- Process for subdivision of a parcel of land Jackson, I've pasted a map below that's highlighted the area I believe you're interested in subdividing off of Tax Map 85, Parcel 17B. You also mentioned that you would like to then access this acreage through Tax Map 85, Parcel 3A. If that information is correct,then the subdivision process would require two plats and you would have two different options for the second plat. Step 1: Record a Boundary Line Adjustment to add the desired acreage from Parcel 17B to Parcel 3A. Here is the application: http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/appl ications/Boundary Line Adjustment Plat & Checklist.pdf You then would have two different options for Step 2. Step 2, Option 1: As Francis mentions below, you could use a Rural Subdivision to divide off the lot. This type of subdivision requires 250 feet of street frontage on Batesville Road. Here is the application: http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/appl ications/Rural Subdivision Plat & Checklist.pdf Step 2, Option 2: You could do a "Two-lot Subdivision" which would require the existing access to Parcel 3A to meet the requirements for a two lot private street. Here is the application: http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/appl ications/Subdivision Plat & Checklist.pdf If, as we discussed on the phone, you did not want to use the existing access for Parcel 3A to access your acreage, then you would need to apply for a waiver from Section 14-404 of the Subdivision Ordinance. The process to apply for a waiver is found under Section 14-404(D). This is a link to the Subdivision Ordinance: http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/Forms/Albemarle County Code Ch14 Subdivision of Land.pdf 1 9 If you or your surveyor have questions, then I'm available to meet next week after 10am on Monday and Tuesday, after 2pm on Wednesday and between 10am and 2pm on Thursday. Our office is closed next Friday and the following Monday. Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 2 .r -,i,i-ii-t-e---:::,--r-- i2m,o, Jackson Fellows, dancin • deerfor• e • he• " ?/► ; • &içj z Aft)S $t T 636 ` . , V 756• 2'_ 11i. Sp _---�' F '" 1' "--\\I . )0 V) - ' i I' '''' '7.s ,'r 'r ...741 0040 3 r;i 1� 175 0,1 �` '/ `� � �' -Tor---7.-'1....iii,---- )r '' /,' ��1� 4 ill\'��\�\��'\111. t - & =�9 , 1- ;, t •,.., 'Jr"- R r 7/ , *--------' cr4: ./.°4 %-" ' •%;', f 1 — 83A / A7 -' /,.;R:h,6,:,-i:,,:, _,„, 16-'''-: \ 1 x ....„, „, ,,,..,....,,,,,,,,,,,4,,,,,,,,,,,r,,,,,,,,,,,,),:,,,,,,,,,,, , , . L . .... ......„ , , ,,/ ,,, .... ,,.,.. k :rt 12:1°‘ / '. '-"b '. •fa C5i) f4, 46' fr_.; 4_°. li (...t ..;; ,, ' - - - »� -:6x_11' t 41 itt1b.? ''' '''';:i,) ',::_:.f!. C.j., ':r.-.)Ci _ i 4:iti ja \\ I -tt” "WY ..*' •If 5-3 1.k.,".40. .14,4\ „a '`4' -?1,17,- — ,- 1..,- t (' , ` 69 :1!■i 513 ft .fit � ` :, i�� '�!"` � .� ' � -%�tslo . . i; la.0.6r. .„. „1_4V.- 1°C1..--::1410 n=.--.-- - / ,/ _ PAsP x ar DIRSay Purposes Oily•Antal imagery Pam ere c yyruMeIm a Vigo am Omer Sarcec Original Message From: Jackson Fellows [mailto:dancingdeerforgeOhotmail.com] 3 Sent: Thursday, January 09, 2014 5:54 PM To: Francis MacCall Subject: Re: Question from Web Page- Process for subdivision of a parcel of land Hi Ok. That all sounds good. What would be a good time for me to come in to the office discuss the proposal? I have talked to a surveyor and have a copy of the plat that was filed with the land owners deed. I think i have enough information, for someone in your department to be able to talk us about are proposal. That would be very helpful. Thanks, Jackson On Jan 8, 2014, at 12:22 PM, Francis MacCall wrote: > Mr. Fellows, > If the property is in an Agricultural/Forestal District then the 28 acre parcel is large enough to qualify for a division within that district. You will need 250 feet of street frontage on an existing public street. This would qualify as a Rural Subdivision. If you cannot provide 250 feet of public street frontage then a two lot subdivision with some sort of private street frontage would be needed, and that requires a subdivision application. The applications require plats/surveys to be submitted for review. If it can be approved then you would have 1 year to record the plat with the Clerk of the Circuit Court. If you have a surveyor selected then both of you should come in to this office and discuss the proposal before the survey is complete for review by the County. Each application linked lists the applicable sections of the Subdivision Ordinance, all are provided below. > Subdivision Plat Application http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/a pplications/Subdivision Plat & Checklist.pdf > Rural Division Application http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/a pplications/Rural Subdivision Plat & Checklist.pdf > Subdivision Ordinance http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/Forms/Albemar le County Code Ch14 Subdivision of Land.pdf > Hope this helps. > Francis H. MacCall > Principal Planner > Albemarle County > Department of Community Development > 401 McIntire Road > Charlottesville VA 22902-4596 4 Ni > ph. 434-296-5832 ext 3418 > fax 434-972-4126 > Original Message > From: Jackson Fellows [mailto:dancingdeerforge @hotmail.com] > Sent: Tuesday, January 07, 2014 10:34 AM > To: Francis MacCall > Subject: Question from Web Page- Process for subdivision of a parcel of land > Hi, > I am currently in the process of purchasing a parcel of land, that is part of a larger piece of property. The total property is 160 acres in the Batesville forestry zone, I believe thats what its called. The parcel that i am interested in is a 28 acre tract of the total property. > My question is; What do we need to do to be able to subdivide the parcel off? Survey? File for a new deed at the court house? > The owner and I are both wondering how that process works, and what the first step is. > Hopefully you have enough information to a least get us pointed in the right direction. > Thanks for your time, > Jackson Original Message From: Jackson Fellows [mailto:dancingdeerforge @hotmail.com] Sent: Monday, January 13, 2014 9:20 AM To: Johnathan Newberry Subject: checking in on are conversation- 85-17B Hi J.T, We talked briefly on friday, about a subdivision of property 85-17B. We had talked about, having a sit down to discuss our proposal and the process. I'm just trying to follow up on are conversation. Thanks, Jackson Fellows 5