HomeMy WebLinkAboutSUB201400038 Review Comments 2015-05-18Review Comments
UB201400038
Project Name: Ron House - Two Lot Subdivision
Date Completed: vlonday, May 18, 2015 Preliminary Plat
Reviewer: Christopher Perez 0
Department'DivisioniAgency: CID u
Reviews Comments:
F1
From: Christopher Perez
Sent: Mondays, May 18, 2015 12:09 PM
To: 'Ian Jackson'
Subject: RE: SUB201400038 Afton House
I Ian
I too have received news of the items bonding- The plat can be approved now_ Please submit the final
plat signed and notarized for approval- (it appears you provided me an unsigned mylar last time... if you
want to use this copy of the plat, come down to Community Development and sign/notarize this copy;
otherwise, provide me a fresh signed copy).
Christopher R Perez I Senior Planner
Department of Community Development lCounty of Albemarle, Virginia
401 McIntire Road I Charlottesville - VA22902
434.296.5832 ext_ 3443
From: Ian Jackson [mailto:ijackson2272 cvgmailacom]
Sent: Monday, May 18, 2015 11:30 AM
To: Christopher Perez
Subject: Re: SUB201400038 Afton House
Hi Chris
I received an e -mail from Ana stating that the bond has been approved,is there anything else to done
before
signing off on sub- clMsion
Regards Ian
Sent from my iPhone
From: Ana Kilmer
Sent: Monday, May 18, 2015 10:26 AM
To: ijackson22'72gmail_com
Review Status: Approved -�
Page: Counts of Albemarle Printed Can: 1 06,'08!2015
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County of Albemarle
Department of Community Development
Memorandum
To:
Steve Garrett
From:
Christopher P. Perez- Senior Planner
Division:
Planning Services
Date:
April 29, 2015
Subject:
SUB - 2014 -038- Afton House — 2 lot subdivision
The County of Albemarle Planning Division will grant or recommend approval of the
Final 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. [Comment] In doing the necessary plat research to verify development rights, it
has come to staff's attention that the property boundaries for TMP 69 -513 and 69-
5A as depicted on the plat do not match that of County records. Evidently there
was a boundary line adjustment plat associated with TMP 69 -5B and 69 -5A
which was approved by the County on 5 -11 -2011 and recorded in the Clerks
Office (DB4184 -75), which essentially cut off 1.77 acres from TMP 69 -5B and
added it to TMP 69 -5A. The 1.77 acres provided TMP 69 -5A frontage on Rte 250
and vacated the 30' private road easement. Please address this inconsistency.
Regardless, during staff s review it became apparent that the boundary line
adjustment plat discussed above is null and void as it was approved on 5 -11 -2011
and recorded on 6 -06 -2012 (DB4184 -75), which is 1 year and 26 days from the
date it was approved. Per County Code in affect at the time of plat approval,
approved plats must be recorded within I year after signature by the subdivision
agent otherwise they are null and void. Thus the plat is null and void and the
Boundary Line Adjustment never truly transpired. Planning staff will develop a
formal notice of violation for the subdivision and alert the owners involved. Also
staff will work with real - estate and GIS to correct this error.
If the owners of TMP 69 -5A and 69 -5B would like to re -plat the Boundary
Line Adjustment they will need to resubmit the plat to the County along with
an application and a review fee of $200. The project will then be
expeditiously reviewed to assure it meets the ordinance prior to approval. Per
current County Code which relies on State Code, approved plats must be
recorded within 6 months after signature by the subdivision agent otherwise
they are null and void. Please advise if this is what the applicant would like to
do.
If the boundary line adjustment plat remains null and void then the 30' private
road (DB2219- 617/620), which was subject to be vacated on the BLA plat
remains on TMP69 -513 as currently is depicted on the subdivision plat under
review in our office. If the 30' private road remains on TMP 69 -513 then staff
cannot approve a second private road on the same parcel and the applicant would
need to revise the subdivision plat.
Depending on both owners wishes it is advisable the owners of TMP 69 -513 and
69 -5A work together to resubmit the BLA plat to the County for review/ approval.
Once the plat's been reviewed/ approved/ and re- recorded the 30' private road is
no longer located on TMP 69 -513 and the proposed subdivision can create a new
private road to serve lot 1 and the residue. If you have any questions please give
me a call. Rev 1. Comment addressed.
2. [14- 302(A)(10)] Right of further division. It appears TMP 69 -513 truly only has 4
DR left per the 1987 plat which divided off 2.5 acres for Lot A. Revise the DR
note to divide the remaining 4 DRs as you feel fit based on the acreage of each
lot. When you revise the note assure it is in the following form: "Lot I is assigned
3 development rights and may be further divided. The residue of Tax Map /Parcel
69 -5B is retaining I development right and may not be further divided". As
discussed above you may choose to allocate the development rights in different
numbers, but it appears that the intent of the proposal is to assign only one DR to
the residue. Rev 1. Comment addressed.
3. [14 -203] Fee. The project was initially submitted as a preliminary subdivision plat
under 14 -206 and the applicant paid $1150 review fee. Per discussions with staff
it was indefinitely deferred and corrected, and then resubmitted under 14 -207 with
a true submittal fee of $540 and $330 Groundwater Tier II review fee. Being the
subdivision will be processed under 14 -207 a refund of $280 is due to the
applicant. Rev 3. Staff will check on the status of this refund.
2
depict a WPO stream buffer over this feature. On the plat depict the required 100'
stream buffer on each side of the stream/feature and provide the following
required note to the plat: "The stream buffers) shall be managed in accordance
with the Albemarle County Water Protection Ordinance ".
Rev 1. Comment not adequately addressed. While the drainage ditch has been
appropriately labeled as a stream and the plat now has a 100' buffer on each side
of the stream, the 100' buffer is incorrectly labeled. Also the plat does not provide
the required stream buffer note. Revise to correctly label the buffer as "100'
Water Protection Ordinance (WPO) buffer ", also assure the required note is
provided: "The stream buffers) shall be managed in accordance with the
Albemarle County Water Protection Ordinance ". Rev 3. Comment addressed.
7. [14- 303(E), 14 -4121 It appears Lot 1 is attempting to gain its frontage from the
proposed 20' access easement; however, in order for this easement to provide the
required frontage the easement must be for a Private Street and must be a
minimum of 30' wide. Thus the proposed 20' access easement should be
relabeled to "New 30' Private Street Easement ". Also, the easement holder(s)
shall be identified on the plat. Rev 1. Comment addressed.
8. [14- 302(B)(10), 14 -3071 Stream Crossing. Also, it appears that the subdivision
would be served by a street or driveway crossing a perennial or intermittent
stream, the subdivider shall submit with each final plat, the information required
to show that the stream crossing would satisfy the requirements of section 17-
320(D) or, in the alternative, section 17- 321(4). Provide this information. The plat
has been forwarded to Engineering for review, their comments were provided to
you on 4- 21 -14. Rev 3. Comment pending, a mitigation plan was submitted
under WP02015 -27, pending the approval of that document.
9. [14 -304] Critical Slopes. As depicted Lot 1 has two proposed access points as the
proposed access easement splits into two segments; however, this is not permitted
and shall be revised to only provide one access for Lot 1. Thus it is advisable the
applicant revise the proposed private street easement layout to avoid the critical
slopes nearest State Rte 250. At this point the applicant has not submitted a
request under 14 -304 to disturb the critical slopes onsite. Is it the applicant's
intent to continue with the proposed location of the top portion of the easement? If
so, the subdivider shall submit a written request or application under the
applicable sections of the zoning ordinance. Provide this information. Notably the
plat has been forwarded to Engineering for review of these slopes, comments are
pending. Rev 1. Comment addressed.
10. [14 -309; 14 -310; 14 -4161 Soil evaluations. Health director approval of individual
private wells and /or septic systems. Individual private wells and septic systems. a
Primary and reserve drainfield for each parcel is required. Provide 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, so that the
agent can then forward them onto the health department for review and approval
for Lot 1 and the Residue. Rev 3. Pending Health Department approval.
3
street (State Rte 250) complies with Virginia Department of Transportation
standards. Please provide this documentation. Rev 3. Comment addressed.
12. [14 -317] Instrument evidencing maintenance of certain improvements. Provide a
private street maintenance agreement for the proposed private street for review
and approval from County Attorney. A template for such an agreement is
attached. Rev 3. The applicant revised the private road maintenance
agreement; however, didn't know it'd have to go back to the County
Attorney for re- approval. Thus upon notifying them of this, they request that
we use the initial agreement which received County Attorney approval.
13. [14- 302(B)(7)] Reservoir watershed/ agricultural- forestal district. Add a note
stating that the parcel is located in the South Fork Rivanna water supply
watershed. Rev 1. Comment addressed.
14. [14- 302(B)(8] Yards. Sheet two provides the setbacks for the property; however,
being the proposal utilizes an internal private road, the setback which is
applicable to this feature shall also be included with the other setbacks. Revise
setbacks to also include: "25' on internal public or private roads ".
Rev 3. Comment addressed.
15. [14- 302(B)(1)] General Information. When the plat is revised, please provid
date of the last revision on the plat. Rev 3. Comment addresse, -
16. [Comment] The County Engineering Department has provided the following
comment: "Mitigation plans will be required for Stream Buffer disturbances prior
to plat approval. [ 17- 322]" Rev 3. Comment pending. A mitigation plan was
submitted under WPO2015 -27, pending the approval of that document.
Please contact Max Green if you have questions related to satisfying this requirement.
4
Please contact Christopher P. Perez at the Division of Current Development at
cperezgalbemarle. org or 434 - 296 -5832 ext. 3443 for further information.
Review of Private Improvement Maintenance Instrument
(Albemarle County Code§14-317)
TO: 1 1.``1 \ e t e 1-
SUB .2014 -O fO3f i t 1 i HO S .
The instrument required by Albemarle County Code 5 14-317 for this subdivision:
it is approved.
is not approved because it fails to satisfy one or more of the following requirements (number references are to
Albemarle County Code§ 14-317(A)):
1. Identify the plat to which the instrument applies;if the plat has been recorded,the identification shall
include a deed book and page number.
2. State that the improvement will be maintained in perpetuity.
3. State that the improvement will be maintained to a standard that,at a minimum,ensures that it will
remain in substantially the condition it was in when approved by the county if the improvement was
installed prior to the agent signing the plat or the condition it is to be in when the surety was released
as provided in section 14-436;for a private street,shared driveway,or alley,the instrument also shall
state substantially as follows: "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."
4. If the instrument pertains to the maintenance of one or more private streets,alleys or shared
driveways,it shall define"maintenance"by stating substantially as follows: "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."
5. Describe the condition of the improvement when it was approved by the county if the improvement
was installed prior to the agent signing the plat or the condition it is to be in when the surety was
released as provided in section 14-436.
6. Identify the timing or conditions warranting maintenance of the improvement.
7. State a means to collect funds necessary for the cost of maintaining the improvement;at a minimum,
the means stated shall include the right of any landowner subject to the instrument to record a lien
against a non-contributing landowner,to bring an action at law to collect the funds,or both.
8. Describe how maintenance costs will be prorated among the landowners subject to the instrument
(e.g.,"equally,"or on a percentage basis);if any lot within the subdivision may be further divided,the
instrument shall also describe how maintenance costs will be prorated among the landowners after
division.
9. State substantially as follows: "No public agency,including the Virginia Department of
Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any
improvement identified herein."
(�
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Greg lmfl er`f
Deputy Co nty° a itorn y
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oi AL4 .,,e
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: April 15,2015
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville,VA 22902
Regarding:
Project Name: SUB201400038 -Afton House—2 lot division
Date Submitted:4-14-15
Dear Mr. Kamptner:
The applicant has prepared and submitted a Private Street Maintenance Agreement for the
above named project.At your earliest convenience,please review this document and the attached
plat. Should you have any questions or comments please feel free to contact me.
Sincerely,
Y
Christopher P. Perez
Senior Planner
Review Comments
UB201400038
Project Name: Eton House - Two Lot Subdivision
Date Completed: Nednesday, ,April 15, 2015 Preliminary Plat
Reviewer: Christopher Peru 0
Department'DivisioWAgency: CD u
Reviews Comments:
From: Christopher Perez
Sent: Wednesday, April 15, 2015 4:19 PM
To: 'Ian Jackson'
Subject: SUB201400038 Afton House-
I Ian
I SUB201400038 Afton House
As discussed over the phone I have sent out the Private Road Maintenance agreement to the County
Attorney's office for review! approval- Also I have sent out the Health Department soil work you provided
me (please note that the soil work submitted was only for Lot 1, the soil work did not cover the residue
lot (I've asked the HD to look through their files to assure that the residue has precious approvals for
both Primary and Reserve drainfields too as that is something that has to happen in order to approve the
division)-
Also, as discussed please provide VDOT approval of the existing entrance for the subdivision-
Also, the plats that you provided me yesterday are the same plats staff last reviewed and commented
on March 6, 2015- See the attached comments which was sent to Steve and yourself on 3 -6 -15- Once
you get the revised plats please send them my a-
IThanks
Christopher R Perez I Senior Planner
Department of Community Development lCounty of Albemarle. Virginia
401 McIntire Road I Charlottesville. VA22902
434 - 296 -5832 ext_ 3443
Review Status: Requested Changes
Page: 1� County of Albemarle Printed On: 06108120'15
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County of Albemarle
Department of Community Development
Memorandum
To:
Steve Garrett
From:
Christopher P. Perez- Senior Planner
Division:
Planning Services
Date:
March 6, 2015
Subject:
SUB - 2014 -038- Afton House — 2 lot subdivision
The County of Albemarle Planning Division will grant or recommend approval of the
Final 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. [Comment] In doing the necessary plat research to verify development rights, it
has come to staff's attention that the property boundaries for TMP 69 -513 and 69-
5A as depicted on the plat do not match that of County records. Evidently there
was a boundary line adjustment plat associated with TMP 69 -5B and 69 -5A
which was approved by the County on 5 -11 -2011 and recorded in the Clerks
Office (DB4184 -75), which essentially cut off 1.77 acres from TMP 69 -5B and
added it to TMP 69 -5A. The 1.77 acres provided TMP 69 -5A frontage on Rte 250
and vacated the 30' private road easement. Please address this inconsistency.
Regardless, during staff s review it became apparent that the boundary line
adjustment plat discussed above is null and void as it was approved on 5 -11 -2011
and recorded on 6 -06 -2012 (DB4184 -75), which is 1 year and 26 days from the
date it was approved. Per County Code in affect at the time of plat approval,
approved plats must be recorded within I year after signature by the subdivision
agent otherwise they are null and void. Thus the plat is null and void and the
Boundary Line Adjustment never truly transpired. Planning staff will develop a
formal notice of violation for the subdivision and alert the owners involved. Also
staff will work with real - estate and GIS to correct this error.
If the owners of TMP 69 -5A and 69 -5B would like to re -plat the Boundary
Line Adjustment they will need to resubmit the plat to the County along with
an application and a review fee of $200. The project will then be
expeditiously reviewed to assure it meets the ordinance prior to approval. Per
current County Code which relies on State Code, approved plats must be
recorded within 6 months after signature by the subdivision agent otherwise
they are null and void. Please advise if this is what the applicant would like to
do.
If the boundary line adjustment plat remains null and void then the 30' private
road (DB2219- 617/620), which was subject to be vacated on the BLA plat
remains on TMP69 -513 as currently is depicted on the subdivision plat under
review in our office. If the 30' private road remains on TMP 69 -513 then staff
cannot approve a second private road on the same parcel and the applicant would
need to revise the subdivision plat.
Depending on both owners wishes it is advisable the owners of TMP 69 -513 and
69 -5A work together to resubmit the BLA plat to the County for review/ approval.
Once the plat's been reviewed/ approved/ and re- recorded the 30' private road is
no longer located on TMP 69 -513 and the proposed subdivision can create a new
private road to serve lot 1 and the residue. If you have any questions please give
me a call. Rev 1. Comment addressed.
2. [14- 302(A)(10)] Right of further division. It appears TMP 69 -513 truly only has 4
DR left per the 1987 plat which divided off 2.5 acres for Lot A. Revise the DR
note to divide the remaining 4 DRs as you feel fit based on the acreage of each
lot. When you revise the note assure it is in the following form: "Lot I is assigned
3 development rights and may be further divided. The residue of Tax Map /Parcel
69 -5B is retaining I development right and may not be further divided". As
discussed above you may choose to allocate the development rights in different
numbers, but it appears that the intent of the proposal is to assign only one DR to
the residue. Rev 1. Comment addressed.
3. [14 -203] Fee. The project was initially submitted as a preliminary subdivision plat
under 14 -206 and the applicant paid $1150 review fee. Per discussions with staff
it was indefinitely deferred and corrected, and then resubmitted under 14 -207 with
a true submittal fee of $540 and $330 Groundwater Tier II review fee. Being the
subdivision will be processed under 14 -207 a refund of $280 is due to the
applicant. Rev 1. Staff will check on the status of this refund.
4. [14- 302B(5)] Zoning classification. The zoning of the site is correctly listed as
RA. But the site also is within the Entrance Corridor (EC) overlay district. Please
add the Entrance Corridor (EC) designation to the zoning on the plat. Also, please
revise to provide the Magisterial District for the site: "White Hall Magisterial
District". Rev 1. Comment not addressed.
5. [14- 303(A)] Statement of consent to division. Changes to the State Code and to
the County of Albemarle Subdivision Ordinance require changes to the consent to
division statement. Please revise the statement to read: "The platting or
dedication of the following described land [insert correct description of the land
subdivided] is with free consent and in accordance with the desire of the
undersigned owners, proprietors and trustees, if any. " Revise.
Rev 1. The note has been revised; however, the revised note is inaccurate as it
includes TMP 69 -5A. The current proposal does not appear to include TMP
69 -5A. Revise to correct this error. Also, on sheet 2 under TMP 69 -5A the
property is listed as New Acreage 16.158 acres; however, this plat is not
modifying the acreage of that parcel. Please omit the reference to "New
Acreage" for that TMP.
6. [14- 302(B)(10)] Stream buffers. Per County maps it appears there is a stream or
feature present near what is labeled as "drainage ditch " on the plat. County maps
2
depict a WPO stream buffer over this feature. On the plat depict the required 100'
stream buffer on each side of the stream/feature and provide the following
required note to the plat: "The stream buffer(s) shall be managed in accordance
with the Albemarle County Water Protection Ordinance".
Rev 1. Comment not adequately addressed. While the drainage ditch has
been appropriately labeled as a stream and the plat now has a 100' buffer on
each side of the stream, the 100' buffer is incorrectly labeled. Also the plat
does not provide the required stream buffer note. Revise to correctly label
the buffer as "100' Water Protection Ordinance (WPO) buffer ", also assure
the required note is provided: "The stream buffer(s) shall be managed in
accordance with the Albemarle County Water Protection Ordinance ".
7. [14- 303(E), 14 -4121 It appears Lot I is attempting to gain its frontage from the
proposed 20' access easement; however, in order for this easement to provide the
required frontage the easement must be for a Private Street and must be a
minimum of 30' wide. Thus the proposed 20' access easement should be
relabeled to "New 30' Private Street Easement ". Also, the easement holder(s)
shall be identified on the plat. Rev 1. Comment addressed.
8. [14- 302(B)(10), 14 -3071 Stream Crossing. Also, it appears that the subdivision
would be served by a street or driveway crossing a perennial or intermittent
stream, the subdivider shall submit with each final plat, the information required
to show that the stream crossing would satisfy the requirements of section 17-
320(D) or, in the alternative, section 17- 321(4). Provide this information. The plat
has been forwarded to Engineering for review, their comments were provided to
you on 4- 21 -14. Rev 1. Comment not addressed.
9. [14 -304] Critical Slopes. As depicted Lot 1 has two proposed access points as the
proposed access easement splits into two segments; however, this is not permitted
and shall be revised to only provide one access for Lot 1. Thus it is advisable the
applicant revise the proposed private street easement layout to avoid the critical
slopes nearest State Rte 250. At this point the applicant has not submitted a
request under 14 -304 to disturb the critical slopes onsite. Is it the applicant's
intent to continue with the proposed location of the top portion of the easement? If
so, the subdivider shall submit a written request or application under the
applicable sections of the zoning ordinance. Provide this information. Notably the
plat has been forwarded to Engineering for review of these slopes, comments are
pending. Rev 1. Comment addressed.
10. [14 -309; 14 -310; 14 -4161 Soil evaluations. Health director approval of individual
private wells and /or septic systems. Individual private wells and septic systems. a
Primary and reserve drainfield for each parcel is required. Provide 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, so that the
agent can then forward them onto the health department for review and approval
for Lot 1 and the Residue. Rev 1. Comment not addressed.
11. [14 -316] Approval of entrance onto public streets. The subdivider shall submit,
prior to or with the final plat, evidence satisfactory to the agent that the entrance
of the principal means of access for each lot onto any existing or proposed public
3
street (State Rte 250) complies with Virginia Department of Transportation
standards. Please provide this documentation. Rev 1. Comment not addressed.
12. [14 -317] Instrument evidencing maintenance of certain improvements. Provide a
private street maintenance agreement for the proposed private street for review
and approval from County Attorney. A template for such an agreement is
attached. Rev 1. Comment not addressed.
13. [14- 302(B)(7)] Reservoir watershed/ agricultural- forestal district. Add a note
stating that the parcel is located in the South Fork Rivanna water supply
watershed. Rev 1. Comment addressed.
14. [14- 302(B)(81 Yards. Sheet two provides the setbacks for the property; however,
being the proposal utilizes an internal private road, the setback which is
applicable to this feature shall also be included with the other setbacks. Revise
setbacks to also include: "25' on internal public or private roads".
Rev 1. Comment not addressed.
15. [14- 302(B)(1)] General Information. When the plat is revised, please provide the
date of the last revision on the plat. Rev 1. Comment still relevant for
subsequent submittals. Assure the last revision date is places on each
revision.
16. [Comment] The County Engineering Department has provided the following
comment: "Mitigation plans will be required for Stream Buffer disturbances
prior to plat approval. [17- 322]"
Please contact Max Green if you have questions related to satisfying this requirement.
Please contact Christopher P. Perez at the Division of Current Development at
cperez( ,albemarle. org or 434 - 296 -5832 ext. 3443 for further information.
4
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x
County of Albemarle
Department of Community Development
Memorandum
To:
Steve Garrett
From:
Christopher P. Perez- Senior Planner
Division:
Planning Services
Date:
April 18, 2014
Subject:
SUB - 2014 -038- Afton House — 2 lot subdivision
The County of Albemarle Planning Division will grant or recommend approval of the
Final 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. [Comment] In doing the necessary plat research to verify development rights, it
has come to staff's attention that the property boundaries for TMP 69 -513 and 69-
5A as depicted on the plat do not match that of County records. Evidently there
was a boundary line adjustment plat associated with TMP 69 -513 and 69 -5A
which was approved by the County on 5 -11 -2011 and recorded in the Clerks
Office (DB4184 -75), which essentially cut off 1.77 acres from TMP 69 -513 and
added it to TMP 69 -5A. The 1.77 acres provided TMP 69 -5A frontage on Rte 250
and vacated the 30' private road easement. Please address this inconsistency.
Regardless, during staff's review it became apparent that the boundary line
adjustment plat discussed above is null and void as it was approved on 5 -11 -2011
and recorded on 6 -06 -2012 (DB4184 -75), which is 1 year and 26 days from the
date it was approved. Per County Code in affect at the time of plat approval,
approved plats must be recorded within 1 year after signature by the subdivision
agent otherwise they are null and void. Thus the plat is null and void and the
Boundary Line Adjustment never truly transpired. Planning staff will develop a
formal notice of violation for the subdivision and alert the owners involved. Also
staff will work with real- estate and GIS to correct this error.
If the owners of TMP 69 -5A and 69 -5B would like to re -plat the Boundary
Line Adjustment they will need to resubmit the plat to the County along with
an application and a review fee of $200. The project will then be
expeditiously reviewed to assure it meets the ordinance prior to approval. Per
current County Code which relies on State Code, approved plats must be
recorded within 6 months after signature by the subdivision agent otherwise
they are null and void Please advise if this is what the applicant would like to
do.
If the boundary line adjustment plat remains null and void then the 30' private
road (DB2219- 617/620), which was subject to be vacated on the BLA plat
remains on TMP69 -513 as currently is depicted on the subdivision plat under
review in our office. If the 30' private road remains on TMP 69 -5B then staff
cannot approve a second private road on the same parcel and the applicant would
need to revise the subdivision plat.
Depending on both owners wishes it is advisable the owners of TMP 69 -5B and
69 -5A work together to resubmit the BLA plat to the County for review/ approval.
Once the plat's been reviewed/ approved/ and re- recorded the 30' private road is
no longer located on TMP 69 -5B and the proposed subdivision can create a new
private road to serve lot 1 and the residue. If you have any questions please give
me a call.
2. [14- 302(A)(10)] Right of further division. It appears TMP 69 -5B truly only has 4
DR left per the 1987 plat which divided off 2.5 acres for Lot A. Revise the DR
note to divide the remaining 4 DRs as you feel fit based on the acreage of each
lot. When you revise the note assure it is in the following form: "Lot 1 is assigned
3 development rights and may be further divided. The residue of Tax Map /Parcel
69 -5B is retaining 1 development right and may not be further divided".
As discussed above you may choose to allocate the development rights in
different numbers, but it appears that the intent of the proposal is to assign only
one DR to the residue.
3. [14 -203] Fee. The project was initially submitted as a preliminary subdivision plat
under 14 -206 and the applicant paid $1150 review fee. Per discussions with staff
it was indefinitely deferred and corrected, and then resubmitted under 14 -207 with
a true submittal fee of $540 and $330 Groundwater Tier II review fee. Being the
subdivision will be processed under 14 -207 a refund of $280 is due to the
applicant.
4. [14- 302B(5)] Zoning classification. The zoning of the site is correctly listed as
RA. But the site also is within the Entrance Corridor (EC) overlay district. Please
add the Entrance Corridor (EC) designation to the zoning on the plat. Also, please
revise to provide the Magisterial District for the site: "White Hall Magisterial
District ".
5. [14- 303(A)] Statement of consent to division. Changes to the State Code and to
the County of Albemarle Subdivision Ordinance require changes to the consent to
division statement. Please revise the statement to read: "The platting or
dedication of the following described land [insert correct description of the land
subdivided] is with free consent and in accordance with the desire of the
undersigned owners, proprietors and trustees, if any. " Revise.
If the applicant would like to continue utilizing the previous ordinance language:
"Any reference to future potential development is to be deemed as theoretical. All
statements affixed to this plat are true and correct to the best of my knowledge. "
Please utilize it as a separate note on the plat. Revise.
6. [14- 302(B)(10)] Stream buffers. Per County maps it appears there is a stream or
feature present near what is labeled as "drainage ditch " on the plat. County maps
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depict a WPO stream buffer over this feature. On the plat depict the required 100'
stream buffer on each side of the stream/feature and provide the following
required note to the plat: "The stream buffer(s) shall be managed in accordance
with the Albemarle County Water Protection Ordinance".
7. [14- 303(E), 14 -4121 It appears Lot 1 is attempting to gain its frontage from the
proposed 20' access easement; however, in order for this easement to provide the
required frontage the easement must be for a Private Street and must be a
minimum of 30' wide. Thus the proposed 20' access easement should be
relabeled to "New 30' Private Street Easement ". Also, the easement holder(s)
shall be identified on the plat.
8. [14- 302(B)(10), 14 -3071 Stream Crossing. Also, it appears that the subdivision
would be served by a street or driveway crossing a perennial or intermittent
stream, the subdivider shall submit with each final plat, the information required
to show that the stream crossing would satisfy the requirements of section 17-
320(D) or, in the alternative, section 17- 321(4). Provide this information. The plat
has been forwarded to Engineering for review, comments are pending.
9. [14 -304] Critical Slopes. As depicted Lot 1 has two proposed access points as the
proposed access easement splits into two segments; however, this is not permitted
and shall be revised to only provide one access for Lot 1. Thus it is advisable the
applicant revise the proposed private street easement layout to avoid the critical
slopes nearest State Rte 250. At this point the applicant has not submitted a
request under 14 -304 to disturb the critical slopes onsite. Is it the applicant's
intent to continue with the proposed location of the top portion of the easement? If
so, the subdivider shall submit a written request or application under the
applicable sections of the zoning ordinance. Provide this information. Notably the
plat has been forwarded to Engineering for review of these slopes, comments are
pending.
10. [14 -309; 14 -310; 14 -4161 Soil evaluations. Health director approval of individual
private wells and /or septic systems. Individual private wells and septic systems. a
Primary and reserve drainfield for each parcel is required. Provide 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, so that the
agent can then forward them onto the health department for review and approval
for Lot 1 and the Residue.
11. [14 -316] Approval of entrance onto public streets. The subdivider shall submit,
prior to or with the final plat, evidence satisfactory to the agent that the entrance
of the principal means of access for each lot onto any existing or proposed public
street (State Rte 250) complies with Virginia Department of Transportation
standards. Please provide this documentation.
12. [14 -317] Instrument evidencing maintenance of certain improvements. Provide a
private street maintenance agreement for the proposed private street for review
and approval from County Attorney. A template for such an agreement is
attached.
13. [14- 302(B)(7)] Reservoir watershed /agricultural- forestal district. Add a note
stating that the parcel is located in the South Fork Rivanna water supply
watershed.
14. [14- 302(B)(81 Yards. Sheet two provides the setbacks for the property; however,
being the proposal utilizes an internal private road, the setback which is
applicable to this feature shall also be included with the other setbacks. Revise
setbacks to also include: "25' on internal public or private roads".
15. [14- 302(B)(1)] General Information. When the plat is revised, please provide the
date of the last revision on the plat.
Please contact Christopher P. Perez at the Division of Current Development at
cperezkalbemarle. org or 434 - 296 -5832 ext. 3443 for further information.
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