HomeMy WebLinkAboutSUB201600020 Review Comments 2016-04-11Short Review Comments Report for:
SUB201600020
SubApplication Type:
Tulsi, LLC - BLA
Boundary Line Adjustment
Date Completed:02/23/2016
Reviewer:Patricia Saternye Planning
Review Status:Requested Changes
Reviews Comments:2/4/16 The Owner/Agent signature is missing on the Commonwealth of Virginia application for
Sewage System and Water Supply. Applicant (Bob Colman) was contacted and will arrange for
owner/agent to come in and sign it. Form was left at front desk for owner/agent. Transmittal to VDH
of the application and report are awaiting the signature.
Division:
Date Completed:02/22/2016
Reviewer:Health Department
Review Status:Approved
Reviews Comments:
Division:
Date Completed:03/29/2016
Reviewer:Patricia Saternye Planning
Review Status:No Objection
Reviews Comments: The Boundary Line Adjustment is ready for owners notarized signatures.
Please send one or more signed hard copies for County signature.
Division:
Date Completed:04/11/2016
Reviewer:Patricia Saternye Planning
Review Status:Pending
Reviews Comments:
Division:
Page: 1 of 1 County of Albemarle Printed On: May 12, 2016
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Patricia Saternye
From: Scott Clark
Sent: Monday, February 29, 2016 9:01 AM
To: Patricia Saternye
Subject: RE: SUB201600020 - Tulsi, LLC Boundary Line Adjustment.
Paty—my responses are in red below:
From: Patricia Saternye
Sent: Friday, February 26, 2016 4:50 PM
To:Scott Clark<Sclark@albemarle.org>
Subject:SUB201600020-Tulsi, LLC Boundary Line Adjustment.
Scott,
Thank you for chatting with me yesterday in reference to SUB201600020-Tulsi, LLC Boundary Line Adjustment.
I've attached a slightly update PDF of the proposed PLAT for your reference.
As mentioned, I need to respond to the applicant with specifics on the issues we have found in reference to the
Ag/Forest district.
This is TMP28-30.
It is in the RA Zone and part of the Moorman's River Agricultural and Forestal District.
They are adjusting the boundary to create a 10.11 acre lot and give the rest of the acreage over to TMP 28-30B. Both
parcels are part of the Ag/Forest District.
This application can move forward because it is only a BLA.
However,there are implications with what they plan to do in the future.
They intend to subdivide the 10.11 acre lot into two different 5 acre lots.
It is my understanding they cannot do that because in the Ag/Forest district that could only be accomplished with a
family division and they currently have the land in an LLC.
The possible solutions that have been discussed (between the two of us or with Francis)are:
1. Remove the land from the Ag/Forest district once they are allowed to do so. (Could give me timing on
that?). This will give them the most flexibility.This district will be up for review in November of 2024, so any
withdrawal request will need to wait until then.
2. Once the BLA has been recorded, remove the LLC from the 10.11 Acre. Then after waiting for the appropriate
period of time subdivide the parcel as a family subdivision.The family division would limit what can be done
with the newly subdivided 5 acre lots.See section 14-212 for the restrictions applied to family subdivisions.The
lot must be in the non-LLC ownership for at least four years, and must remain in the family for at least four years
after the transfer.
3. If RA/County zoning allows it, build two residences on the lot without subdividing it. I will research this more. I
believe this is possible, but the AFD puts restrictions on the use of the dwellings (renting no more than one, etc.)
as we discussed.
So if you could give me:
• The time frame that it would take to remove this specific lot from that Ag/Forest district in "solution#1".
• Give me a list of the specifics that can and cannot be done within the Ag/Forest district for"Solution#2".
• Give me a list of the specifics that can and cannot be done within the Ag/Forest district for"Solution#3".
1
Name
Or if any of these cannot be done for Ag/Forestal reasons please specify why.
Thanks!
Paty Saternye
Senior Planner
Community Development
Albemarle County
401 McIntire Road
Charlottesville,VA 22902
434-296-5832 ext.3250
psaternve@albemarle.org
www.albemarle.org
2
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Patricia Saternye
From: Francis MacCall
Sent: Wednesday, March 02, 2016 10:55 AM
To: Patricia Saternye
Subject: RE: SUB201600020 -Tulsi, LLC - BLA
I concur with your statements and have replied below.
Francis
From: Patricia Saternye
Sent: Friday, February 26, 2016 4:56 PM
To: Francis MacCall<FMACCALL@albemarle.org>
Subject:SUB201600020-Tulsi, LLC- BLA
Francis,
Thank you for chatting with me yesterday in reference to SUB201600020-Tulsi, LLC Boundary Line Adjustment.
I've attached a slightly update PDF of the proposed PLAT for your reference.
As discussed, I need to respond to the applicant with specifics on the issues we have found in reference to the
Ag/Forest district as well as the issues on the access easement/private road.
I just want to summarize what you and I went over and make sure that I didn't get something wrong. I also have one
new question at the end.
This is TMP28-30.
It is in the RA Zone and part of the Moorman's River Agricultural and Forestal District.
They are adjusting the boundary to create a 10.11 acre lot and give the rest of the acreage over to TMP 28-30B. Both
parcels are part of the Ag/Forest District.
This application can move forward because it is only a BLA.
However,there are implications with what they plan to do in the future.
They intend to subdivide the 10.11 acre lot into two different 5 acre lots.
It is my understanding they cannot do that because in the Ag/Forest district that could only be accomplished with a
family division and they have the land in an LLC.
The possible solutions that you and I discussed are:
1. Remove the land from the Ag/Forest district once they are allowed to do so (I'm asking Scott Clark about the
timeline for this). This will give them the most flexibility.
2. Once the BLA has been recorded, remove the LLC from the 10.11 Acre. Then after waiting for the appropriate
period of time subdivide the parcel as a family subdivision. (Francis, did you say that was 4 years after the LLC
was gone that they could do the family division?) YES The family division would limit what can be done with the
newly subdivided 5 acre lots.
Francis,The other item you and I discussed was the access easement.
It is my understanding from our discussion that:
• No access easement needs to be added with the Boundary Line Adjustment since an access easement already
extends to the edge of the property. CORRECT
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• An access easement,which reaches the farther of the two parcels, will have o be put in place in the plat when
they subdivide the lot into two 5 acre lots. This applies to both "solutions"above. CORRECT
• IF they use solution#1 above,their private street will need to meet the "3 lot standard"for its full length (Built
or Bonded).The standard would apply where the 3 lots use that portion of the road.
• IF they use solution#2 above,their private street will only need to meet the "3 lot standard"for its first portion
(Built or Bonded), which also serves the existing residence in TMP 28-30A. This is because family divisions not
require the"3 lot standard". If a family division is done then no 3-5 lot standard applies only the family division
standard.
Question: Is there a way to just build two residences on the 10.11 acre lot and not subdivide? Scott said there are a
few circumstances (like if the 2"d house is for another family member)where that would be allowed in the Ag/Forest
district. So for RA zoning, is this possible? 2 residences with no subdivision?To build 2 houses on one parcel the parcel
would need public street frontage or get a site plan approved if you do not have public street frontage. The 10ac does
not have that so only one dwelling would be permitted right now. A site plan (usually a site plan exception)for the
second dwelling can be applied for. As Scott states the Ag/For district kicks in for the second dwelling, even if it is for a
family member you would still need the site plan.
Thanks!
Paty Saternye
Senior Planner
Community Development
Albemarle County
401 McIntire Road
Charlottesville,VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
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Patricia Saternye
From: Patricia Saternye
Sent: Thursday, March 03, 2016 11:28 AM
To: Bob Coleman
Subject: SUB201600020 Tulsi LLC - Possible Future division discussion
Bob,
Thank you for your patience.
Below is the information I have gathered from Scott Clark (on Ag/Forest Districts) and Francis McCall.
This is in reference to our discussion on what you had envisioned being done with the parcel after the Boundary Line
Adjustment is approved.
One general note is that this Boundary Line Adjustment, creating a parcel just over 10 acres in size, does not remove
this parcel from the Ag/Forest District.
The possible solutions:
1. Remove the land from the Ag/Forest District(AFD)once they are allowed to do so. This will give them the most
flexibility.This district will be up for review in November of 2024, so any withdrawal request will need to wait
until then.
2. Once the BLA has been recorded, remove the LLC from the 10.11 Acre. Then after waiting for four(4)years
subdivide the parcel as a family subdivision. See section 3-202(A)for AFD Effects of District Creation and uses
allowed in the AFD without increasing intensity of use. The family division would also limit what can be done
with the newly subdivided five (5) acre lots. See section 14-212 for the restrictions applied to family
subdivisions.The lot must be in the non-LLC ownership for at least four(4)years, and must remain in the family
for at least four(4)years after the transfer of land.That means this takes eight years,which is about the same as
solution#1 above.
3. Build two residences on the lot without subdividing it. However there are limitations and processes necessary
to do this.
a. AFD puts restrictions on the use of the dwellings. See sections 3-202 (A) (Effects of AFD District Creation).
b. To build 2 houses on one parcel the parcel has to have public street frontage or you have to get a site plan
approved if you do not have public street frontage. Currently the 10 acre parcel created with the boundary
line adjustment does not have street frontage, so only one dwelling would be permitted on it after the
boundary line adjustment. A site plan (usually a site plan exception)for the second dwelling can be applied
for. As mentioned elsewhere,the AFD restricts (3-202(A)) how the second dwelling can be used. Even if the
second dwelling is for a family member you would still need the site plan. The fact that the parcel is part of
an AFD would be considered in the review of the site plan. Please see 32.3.5 for information on
exceptions. Because of the criteria set for staff level approval in this section it is very likely that any Site Plan
(exception)would have to be approved by the Board of Supervisors.
In reference to the access easement and private streets:
• No access easement needs to be added with the Boundary Line Adjustment(the current submission)since an
access easement already extends to the edge of the property.
• If you subdivide in the future the lot into two 5 acre lots then an access easement, which reaches the farther of
the two parcels(once subdivided),will have to be put in place in the plat. This applies to Solutions#1,#2 
above.
• IF you use solution#1 or#3 above,their private street will need to meet the "3 lot standard"for the portion
where the 3 lots use the road (Built or Bonded).
• IF you use solution#2 above, (family division)then family division standard applies for the road.
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Nov tore
Please let me know if you have any further questions.
Thanks,
Paty Saternye
Senior Planner
Community Development
of
144:tS
Albemarle County
401 McIntire Road
Charlottesville,VA 22902
434-296-5832 ext.3250
psaternye@albemarle.org
www.albemarle.org
From: Bob Coleman [mailto:residentialsurveying@gmail.com]
Sent:Thursday, February 25, 2016 2:03 PM
To: Patricia Saternye<psaternye@albemarle.org>
Subject: Re:Tulsi revised plats
I understand!
Thank you,
Bob
Sent from my iPhone
On Feb 25, 2016,at 1:33 PM, Patricia Saternye<psaternve@albemarle.org>wrote:
Bob,
It was nice chatting with you earlier today about the comments.
Thank you for the updated plat.
As discussed, once I have some documented information from both Francis McCall and Scott Clark(in
reference to the Ag/Forestal District) I will forward the information to you.
Until we have that information, and it is given to you, I want to wait on the review of the resubmitted
plat. It may affect what you wish to show in the plat.
Thanks,
Paty Saternye
Senior Planner
Community Development
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Albemarle County
401 McIntire Road
Charlottesville,VA 22902
434-296-5832 ext.3250
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psaternve@albemarle.org
www.albemarle.org
From: Bob Coleman [mailto:residentialsurveying@gmail.com]
Sent:Thursday, February 25, 2016 1:13 PM
To: Patricia Saternye<psaternye@albemarle.org>
Subject:Tulsi revised plats
Hi Paty,
Attached are the revised plats.
Comment#5: There was no burial site found during our survey and no mention of one by the owners.
Comment#8: The corner irons were found and denoted on plat as shown.
Comment#9: Waiting to hear back from you on this!
Comment# 12: Waiting to hear back from you on this!
Thank you,
Bob
Robert W. Coleman,Jr., LS
Residential Surveying Services
1701D-7 ALLIED STREET
Charlottesville,Va., 22903
Tele:(434)245-8744
Fax:(434)245-8745
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