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Home My WebLink AboutSUB201600125 Review Comments 2016-10-24Short Review Comments Report for: SUB201600125 SubApplication Type: Jacqueline Pugh - BLA Boundary Line Adjustment Date Completed:07/20/2016 Reviewer:Rachel Falkenstein CDD Planning Review Status:Requested Changes Reviews Comments:TMP 70-40 is within the Batesville Ag-Forestal District and the new boundaries of TMP 70-40B will also be within the Ag-Forestal District. Please amend note H accordingly. I have sent this plat to our Rural Area planner for review to make sure this BLA is allowable within the regulations of the AF district. I will let you know when I hear back from him. Division: Date Completed:09/19/2016 Reviewer:Greg Kamptner No Division Selected Review Status:Denied Reviews Comments: Division: Date Completed:09/26/2016 Reviewer:Rachel Falkenstein CDD Planning Review Status:Denied Reviews Comments:No objection. Need CA approval of this BLA within Ag-Forestal district prior to approval. Division: Date Completed:10/24/2016 Reviewer:Rachel Falkenstein CDD Planning Review Status:Approved Reviews Comments:Applicant requested withdrawl from AF district on 9/30/2016 under section 3-205(B) (withdraw by right by certain successors to deceased owner). Division: Page:1 of 1 County of Albemarle Printed On:December 28, 2016 Rachel Falkenstein From: Scott Clark Sent: Tuesday, October 18, 2016 2:36 PM To: Rachel Falkenstein Subject: RE: SUB201600125 &SUB201600137 Hi, Rachel— That parcel is now marked as withdrawn from the AFD, so it's fine from my end to finish this off. --Scott From: Rachel Falkenstein Sent:Tuesday, October 18, 2016 11:06 AM To:Scott Clark<Sclark@albemarle.org> Subject: FW:SUB201600125 &SUB201600137 Is he able to submit the plat for signature or are we still waiting on approval from other departments? Thanks. From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Tuesday, October 18, 20169:34 AM To: Rachel Falkenstein<rfalkenstein@albemarle.org> Cc:gwenlacy@earthlink.net Subject: FW:SUB201600125 &SUB201600137 Rachel, Can you give us an update on this one? Is the plat ready for owners signatures? Thanks, Briang From: Roger W. Ray&Assoc., Inc. [mailto:rwrincCc�earthlink.net] Sent: Tuesday, October 04, 2016 11:03 AM To: 'Rachel Falkenstein' Cc: 'Lacy Gwen'; 'Mark Graham' Subject: RE: SUB201600125 &SUB201600137 Rachel, I've attached the letter requesting the removal of the parcel from the Batesville Ag/Forestal district. Please let me know if you need anything else on this. Once you've confirmed that the parcel has been removed, we'll revise the plat to change the note regarding the Ag/Forestal district. I'm assuming the plat is ready to be signed after that? Thanks, Brian Ray, L.S. 1 Roger W. Ray&Assoc., Inc. 663 Berkmar Court Charlottesville,Virginia 22901 434-293-3195 tel. 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com From: Rachel Falkenstein [mailto:rfalkensteinOalbemarle.org] Sent: Tuesday, September 27, 2016 3:55 PM To: Roger W. Ray&Assoc., Inc. Cc: 'Lacy Gwen' Subject: RE: SUB201600125 &SUB201600137 Brian, I discussed this with Scott and we had our CA look into the documents related to Ms. Kennedy's estate. Ms. Pugh is able to request withdrawal under the section you mention. Please submit a letter requesting withdrawal of TMP 70-40 from the Batesville Agricultural/Forestal District signed by the following landowners: Jacqueline G. Pugh Michael L. Pugh Let me know if you have any questions. Thanks, Rachel From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,September 26, 2016 3:12 PM To: Rachel Falkenstein<rfalkenstein@albemarle.org> Cc: 'Lacy Gwen'<gwenlacy@earthlink.net> Subject: RE:SUB201600125 &SUB201600137 Rachel, Thanks for getting this along to us. I don't think the family division will work, since they just acquired the property this spring. So the 4 year time limit wouldn't be met. I do think I have a solution. I've attached Section 3-205 B. The property was owned by Mrs. Pugh's sister and passed upon her death back in March of this year. From this section, I believe the owner just need to request removal as a letter to the director and department of finance. Does this look correct to you? Thanks, Brian Ray, L.S. Roger W. Ray&Assoc., Inc. 2 663 Berkmar Court Charlottesville,Virginia 22901 434-293-3195 tel 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com From: Rachel Falkenstein [mailto:rfalkenstein@albemarle.orq] Sent: Monday, September 26, 2016 2:54 PM To: Roger W. Ray &Assoc., Inc. Cc: 'Lacy Gwen' Subject: RE: SUB201600125 &SUB201600137 Brian, Sorry— I intended to get this out Friday but hit some road blocks.The disapproval letter is attached. Let me know if you have any questions. Thanks, Rachel From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,September 26, 2016 1:54 PM To: Rachel Falkenstein<rfalkenstein@albemarle.org> Cc: 'Lacy Gwen'<gwenlacv@earthlink.net> Subject: RE:SUB201600125 &SUB201600137 Hi Rachel, I recieved your message on Thursday. I was hoping to get updated written comments from you so we could try to address those. Will you have the comments updated today? Thanks, Brian From: Mark Graham [mailto:mgraham(aalbemarle.orq] Sent: Tuesday, September 13, 2016 9:38 AM To: Roger W. Ray&Assoc., Inc. Cc: Scott Clark; Patricia Saternye; Rachel Falkenstein Subject: RE: SUB201600125 &SUB201600137 Hi Brian, I just met with Scott, Paty, and Rachel on this. While I appreciate you sharing the 2009 memo, it appears the County Attorney has provided more recent advice and we need to clarify intent before acting. I am pushing to get this done as quickly as possible, but I anticipate it being early next week before we have that clarification. Thanks, Mark 3 From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,September 12, 2016 2:56 PM To: Mark Graham <mgraham@albemarle.org> Cc:Scott Clark<Sclark@albemarle.org>; Patricia Saternye<psaternye@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemarle.org> Subject:SUB201600125 &SUB201600137 Mark, I hope you are doing well. I'm writing you regarding the Boundary Line Adjustment plats referenced in the subject line. Rachel and Paty are waiting for responses from the county attorney's office regarding these boundary line adjustment plats that involve Ag-forestal parcels. SUB201600125 was submitted on June 14,2016 and SUB201600137 was submitted on July 5, 2016. We've gotten comments from the planners saying that they are unsure whether these adjustments are allowed since they involve the Ag-forestal parcels. We've been waiting for weeks for the county attorney's response. I've attached Sec. 3-202,which discusses the effects of being in the AG-For district. I don't believe any of the items under 3-202a would be violated and further that 3-202-A-2a applies. Please remember that we are not creating any new parcels.These are boundary line adjustments. I know that we've done multiple boundary line adjustments that changed parcel lines, but did not affect the land being in the Ag-Forestal district. Please see the attached email from 2009 with Scott Clark for a very similar plat. I've also attached the approved and recorded plat for that project(SUB2010-02), recorded in Deed Book 3854-489. This is one example. Both of these projects are past the 60 day review time. Our clients are very anxious to move forward with these approvals. Could you take a look at these and help with their review? Also, please take a look at SUB2016-146 as it has the same comment, but has not been submitted as long. Please let me know if I can provide additional information or if a meeting in person would help with the discussion. Thank you, Brian Ray, L.S. Roger W. Ray&Assoc., Inc. 663 Berkmar Court Charlottesville,Virginia 22901 434-293-3195 tel. 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com 4 ft 1_41111710::vo �.IFtGI^1A COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville,Virginia 22902-4596 Phone(434) 296-5832 Fax(434) 972-4126 September 26, 2016 Jacqueline G Pugh 7337 Dick Woods Road Afton,VA 22920 RE: SUB201600125 Jacqueline Pugh—Boundary Line Adjustment Plat Dear Ms. Pugh: Pursuant to Albemarle County Code§ 14-209(C),the above referenced subdivision plat has been disapproved.The specific reason for disapproval is provided with references to specific duly adopted ordinances, regulations or policies. Required modifications or corrections that will permit approval of the preliminary subdivision plat are included as well.The reason for disapproval is as follows: Tax Map Parcel 70-40 falls within the Batesville Agricultural-Forestal District (Albemarle County Code § 3-207).Albemarle County Code § 3-202(A) prohibits development of land within an Agricultural-Forestal District("District") into more intensive uses. Parcels within a District are developed to a more intensive use when they are subdivided except when the subdivision or rural subdivision results in parcels 21 acres or greater (Albemarle County Code § 3-202(A)(2)(c)) or the division is a family subdivision (Albemarle County Code § 3-202(A)(2)(d)). As defined in Albemarle County Code § 14-106, a boundary line adjustment is a "subdivision," and a "subdivision" is the "division of land." Therefore, a subdivision, other than a family subdivision, that results in a lot being less than 21 acres is a development to a more intensive use and is not permitted within the District. A parcel of less than 21 acres could be created within the District by family subdivision.A boundary line adjustment plat can be filed to dissolve the boundaries of TMP 70-40B and a new family division application could be filed to create the proposed 5 acre parcel. If the owners wish to file this division as a family subdivision, a new application and fee for a family subdivision will be required.Alternatively,the owners could choose to withdraw the property from the District. The next opportunity for by-right withdrawal from the District will be during the next District review, which will happen in April of 2020. The owners may also apply to request that the Albemarle County Board of Supervisors approve the withdrawal of the property as provided in Albemarle County Code§3-205(C). In accord with Albemarle County Code§14-231,this decision may be appealed.The appeal shall be in writing and be filed with the agent within ten (10) days after the date of the decision by the agent 1 Please contact me at rfalkenstein@albemarle.org or at 434-296-4126 x3272 if you have any questions or require additional information. Sincerely, I p,1,6 Rachel Falkenstein, Senior Planner Planning Services CC: Mildred V Goolsby Kennedy Brian Ray, L.S. 2 Sec. 14-207 Rural subdivisions, two lot subdivisions,subdivisions following final site plan approval, and subdivisions creating one special lot and one residue lot. The tbllowing sections of this chapter shall apply to each rural subdivision, a subdivision resulting in two lots, a subdivision Ibllowing final site plan approval, and a subdivision creating one special lot and one residue lot: A. General Sections 14-100 through 14-108. B. Administration and procedure' Sections 14-200 through 14-204 and sections 14-209, 14- 231, 14-231.1 and 14-236. C. Plat requirements and documents to he submitted: Sections 14-300, 14-301, 14- 302(A)(1),(3), (4), (S), (6), (7),(9),(10),(11),(14), (15)and (16), 14-302(B)(1), (2),(4),(5), (6), (7), (8), (9) and (10), 14-303(A), (B), (C), (D), (E), (F), (H), RA (0) and (P), 14-304, 14-305(B), 14-307, 14- 307.1, 14-308.1, 14-309, 14.310, 14-312, 14.314, 14-316 and 14-318. D. On-site improvements and design: Sections 14-400, 14-403, 14-404 if'any proposed lot would have less than five hundred(500) feet of frontage on a major rural street identified in subsection 14- 207(E), 14-406, 14-414, 14-416, 14-421, 14-426, 14-427, 14-433, 14-438 and 14-441. Sec. 14-209 Rural subdivisions; family subdivisions; subdivisions creating a special lot and one residue lot; subdivisions resulting in not more than two lots; subdivisions after approval of a final site plan,easement plats; boundary line adjustments; procedure. Each plat for a rural subdivision, family subdivision, a subdivision creating one or more special lots and one residue lot, a subdivision resulting in not more than two lots, a subdivision after a final site plan has been approved, a boundary line adjustment and each casement plat shall be submitted, reviewed and approved as follows: A. Submittal of plat. The subdivider shall submit the plat for review and approval by the agent. The plat shall he deemed to he a final plat and a preliminary plat shall not be required. 13. Review alp/at. The agent skill determine whether the plat complies with the applicable requirements of this chapter. The agent may request that an department, agency, or authority review the plat and forward its comments to him. If approval of a feature or features of the plat by a state agency or public authority authorized by state law is necessary, the agent shall tbrward the plat to the appropriate state agency or agencies for review within ten(10)business days of receipt of the plat. C. Decision. If the agent determines that the plat complies with the applicable requirements of this chapter, he shall approve the plat. If the agent determines that the plat does not comply with the applicable requirements of this chapter, he shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable sections of this chapter or other law, and what corrections or modifications arc required for the plat to he approved. The agent shall either mail the notice oldisapproval by first class mail,or personally deliver it, to the subdivider. Community Development Document Review County Attorney's Office TO: c'ECCCA i LVe_i\S` �-i n PROJECT NUMBER: Sc)f) 2016 -00['IS R You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination L/ Other: B l.__-i The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone(see comment below) :Legal description needs to be revised(see comment below) : Other(see comment below)_ { Comment: Se t O De_ra_osc n e Lo T ? ''o w®l'�t Ix w( Z Y1 if-v2._ APO anti b I est YL d` ocre ,- t"h- tf woad I o 1 - s,iO lIctor\ gip-case , If the document is approved,was submitted with the applicants'signatures,and is one to which the County is a party,signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures,a final version of the document with the required signatures may now be submitted. tALl I\/44411 Date: V J (CI/16 Gres ��i er Dep I . ty . tto„"ey Patricia Saternye From: Scott Clark Sent: Thursday, September 01, 2016 8:41 AM To: Greg Kamptner; Patricia Saternye Subject: RE: BLAs in AFDs Thanks, Greg. Just to clarify—do I understand correctly that any BLA that results in parcel of less than 21 acres in the District is prohibited? It sounds like sub-21-acre parcels in the Districts just can't adjust their boundaries, unless maybe their acreage increased to 21 or more. --scott From:Greg Kamptner Sent:Thursday, September 01, 2016 8:28 AM To:Scott Clark<Sclark@albemarle.org>; Patricia Saternye <psaternye@albemarle.org> Subject: FW: BLAS in AFDs Scott and Paty- Here is the prior analysis of this issue, which is consistent with my comments on the proposed BLA in an AFD sent to you last week. A prior analysis that Scott may be thinking of was abandoned in 2003. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 From:Scott Clark Sent:Thursday,June 11, 2015 3:41 PM To: Greg Kamptner<GKamptne@albemarle.org> Subject: RE: BLAs in AFDs Thanks, Greg! From: Greg Kamptner Sent:Thursday,June 11, 2015 8:42 AM To:Scott Clark Subject: RE: BLAs in AFDs County Code 3-202(A) provides that a parcel is developed to a more intensive use if the development is the proposed division of a parcel either by subdivision or rural division and the minimum lot size of the division is less than 21 acres (see County Code 3-202(A)(2)(c).The question is whether this rule applies to a proposed boundary line adjustment (BLA), where the BLA would adjust the boundary between two abutting parcels in an AF district and the resulting acreage of one of the parcels would be less than 21 acres. U Avec t:t County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434-296-5832 Fax 434-972-4126 Memorandum To: Gwen Lacy(gwenlacy@earthlink.net) From: Rachel Falkenstein,Senior Planner Division: Planning Date: July 18, 2016 Subject: SUB 201600125 Jacqueline Pugh—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.] 1. [14-302(6)(7)]According to GIS TMP 70-40 is within the Batesville Ag-Forestal District. Please revise note or provide evidence that this parcel is no longer within the Ag-Forestal District. 2. [14-303(0)]TMP 70-40C&TMP 70-40 are listed under different ownership. Have these parcels recently sold? 3. [Comment] Each lot must have individual well. Please contact Rachel Falkenstein in the Planning Division by using rfalkenstein@albemarle.org or 434-296- 5832 ext.3272 for further information. 1 Now As defined in the Subdivision Ordinance,a boundary line adjustment is a "subdivision," and a "subdivision" is the "division of land." See County Code 14-106.Therefore, a subdivision that results in a lot being less than 21 acres is a development to a more intensive use that is allowed only by approval of the Board. Family divisions are excepted from the 21-acre rule.See County Code 3-202(A)(2)(d). There was a prior opinion given in 2003 pertaining to "by-right" subdivisions that we soon thereafter concluded was incorrect and it was corrected. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org (434) 972-4067 From:Scott Clark Sent:Wednesday,June 10, 2015 12:59 PM To:Greg Kamptner Subject: FW: BLAs in AFDs Greg–if you had a minute to answer this, I'd appreciate it–Zoning needs to get back to their caller. In this case,two large parcels (over 21 acres each)would be converted, through a BLA, into a sub-21-acre parcel and a larger parcel. Thanks --Scott From:Scott Clark Sent:Wednesday, May 27, 2015 12:08 PM To: Greg Kamptner Subject: BLAS in AFDs Greg—unfortunately my old e-mails containing our discussions on AFD topics were lost in a disk crash a few years ago, so I'll have to ask this one again. I've been asked by Zoning to determine whether a boundary line adjustment between two parcels in the same AFD is permitted under 3-202. I seem to recall that it's not considered a "more intensive use," but I just wanted to confirm that with you. Thanks... --scott Scott Clark Senior Planner-Rural Areas Albemarle County Community Development Dept. Charlottesville VA 434-296-5832 ext.3249 2