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HomeMy WebLinkAboutSUB201800187 Review Comments Easement Plat 2018-10-24k' 01Y AL vit�r�A County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434-296-5832 Memorandum To: Kris Winters (KWINTERSkROUDABUSH.COM) From: Cameron Langille, Senior Planner Division: Planning Date: October 24, 2018 Subject: SUB201800187 Brookhill Easement Plat Fax 434-972-4126 The County of Albemarle Planning Division will grant or recommend approval of the 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)(15), 14-303 (B)(6)] The plat proposes numerous easements on TMP 46-18C. Please add the owner addresses and name to Sheet V 1 as a statement of title as done with the other lots. 2. [14-303 (A)] Please add a statement to consent of division for the platting of easements on TMP 46-18C on Sheet V 1. [14-303 (0)] Please add a signature panel for the owners of TMP 46-18C on Sheet V 1. 4. [14-302 (B)(5)] Please add a note to Sheet V1 stating all applicable zoning and overlay districts that apply to TMP 46-18C. 5. [14-302 (A)(15),14-303 (B)(6)] Once the other Brookhill BLA plat is recorded, please revise the statement of titles on Sheet V 1 so that the instrument deed book and page number is included for each affected parcel. 6. [14-302 (B)(5)] Please revise Note 6 on Sheet V1 to state "Existing TMP 46-19131 is zoned..." 7. [14-302 (A)(4)] On all applicable drawings, please show the location of the existing private easement recorded in deed book 459, pages 3-4. The easement should be labeled as public or private and should state the instrument number. 8. [14-302 (A)(15)] Please state the names and addresses of the easement holders for the existing 50' easement recorded in deed book 459, pages 3-4. 9. [14-302 (B)(1)] Please add a date of last revision to each sheet. 10. [14-302 A)(11)] On all applicable drawings, please revise the parcel labels so that they include the recorded instrument deed book and page number for all of the parcels once the other Brookhill boundary line adjustment plat has been approved and recorded. 11. [14-302 (A)(14)] On all applicable drawings, please revise the callout for the Stella Lane and Archer Avenue reserved right of way that is being recorded with the other Brookhill BLA plat. It should note state the recorded instrument deed book and page number. 12. [14-302 (A)(14)] Please revise Note 11 on Sheet 1. This plat proposes to reserve land for future dedication to public use upon demand by the County for necessary street right of ways associated with the Polo Grounds Road widening. State which parcels contain portions of the proposed land reservation and state the purpose of the reservation(e.g. to accommodate Polo Grounds Road widening per ZMA201500007 proffers). a. Note 11 should note state anything about reservation of land for Stella Lane and Archer Avenue since that will already be recorded per the other Brookhill BLA plat. 13. [14-302 (A)(14)] The plat is proposing to reserve land along Polo Grounds Road across multiple parcels. Please address the following: a. On Sheet V1, state the acreage of reserved land proposed within each TMP as a note. b. On Sheets V3 through V9, revise the labels for the land reservation as follows "xxx acres of TMP xxx hereby reserved for dedication to public use upon demand by the County." Perhaps shading in the land being reserved will make the easement boundaries and reserved land boundaries easier to read as well. 14. [14-303 (A)] Please revise the statement to consent of division for TMP 46-18A and 46-18 on Sheet V1. The plat proposes to reserve right of way along Polo Grounds Road within both parcels. The statement to consent should state "... and the reservation of land for future dedication to public use upon demand by the County..." 15. [14-303 (A)] Please revise the statement to consent of division for TMPs 46-19A, 46-19B1, 46-19133, and 46-19B4. The statement should state "... and the reservation of land for future dedication to public use upon demand by the County..." 16. [14-303 (D)] Please state the acreage of all existing parcels in their labels on all applicable drawings once the other Brookhill BLA plat is recorded. 17. [14-302 (B)(9)] Please show the limits of the flood hazard overlay district on all applicable parcels and all applicable sheets. 18. [14-302 (A)(4) and 14-302(A)(5)] The plat proposes several types of easements that are not identified as either public or private. The labels for these easements should be revised to state "public" or "private." This comment applies to the following types of easements: a. "Variable Width Maintenance Easement" on Sheet V3. b. "Variable Width Storm Easement" On Sheet V3, V4, V5, V6, V7, V8, V9, V11, V12. c. "Conservation Easement" on Sheet V3, V5, and V18. d. "Variable Conservation Easement" on Sheet V 16. e. "Variable SWM Easement" on Sheets V 10, V 12, V 16. f. "Variable Width SWM Easement" on Sheet V5. g. "25' SWM Easement" on Sheets V 15, V 16. h. "25' SWM Access Easement" on Sheets V 10, V 11. i. "25' Storm Drain Easement" on Sheet VI 1. i. "SWM Access and Maintenance Easement" on Sheet V14 and V16. 19. [General Comment] All proposed easements with variable widths need to include the word "Width" in the label. As seen in the previous comment, numerous easements omit the word "Width" and just state "Variable." a. Sheet V 10 —Variable SWM Easement. b. Sheet V 12 —Variable SWM Easement, Variable Storm Drain Easement. c. Sheet V 13 —Variable ACSA Utilities Easements, Variable ACSA Water Easements. d. Sheet V 14 —Variable ACSA Water Easements. e. Sheet V15 —Variable ACSA Water Easements. f. Sheet V 16 —Variable ACSA Water Easement. 20. [General Comment] The names of some easements are confusing and do not clearly explain their purpose. Please either revise the names of the following easements, or provide notes explaining what purpose they serve: a. Sheets V3, V4, V5, V6, V7, V8, V9, VI I — Variable Width Storm Easement. Is this supposed to be a storm drainage easement? b. Sheet V3 — Variable Width Maintenance Easement. What kind of maintenance easement is this? c. Sheet V5, V 10, V 12, V 16 — Variable Width SWM Easement. Is this supposed to be a stormwater management easement, a stormwater facility easement, etc.? d. Sheets V 15, V 16 — 25' SWM Easement. Is this supposed to be a stormwater management easement, a stormwater facility easement, a stormwater access easement, etc.? e. Sheet V3, V 16, V 18 — Variable Conservation Easement and Conservation Easement. Is this supposed to be easements over top of the open space required in Block 4? If so, it should be re- named to "Private Open Space Easement." See comment #28 for additional details. 21. [14-302 (A)(5)] Please list the deed book and page number for all existing ACSA easements. Revise Sheet V9 and any other applicable drawing where existing ACSA easements are visible. 22. [General Comment] Sheet VI I appears to show the 25' SWM Access Easement crossing into the land reserved for Stella Lane. Is this a mistake? Shouldn't the easement end at the reserved ROW line and not cross into the reserved ROW? 23. [General Comment] The plats show solid black circles for what appears to be existing property corners. The plats also show hollow circles along some of the proposed easement boundaries. Please add a legend explaining what each circle type represents. 24. [14-303 (E) and (I) and 14-4211 Some of the proposed easements do not clearly label the control points or monuments for where line and curve line segments begin and end. Per the previous comment, if the hollow circles are intended to identify where linear and cure lines end along proposed easements, they should be shown at the termination points of along all line segments of all proposed easements. Most proposed easements after Sheet V5 do not show the hollow circle at the line termination points. In particular, this applies to the following: a. Curve lines C1, C2, C4, and C5 on Sheet V3. b. Curve line C7 on Sheet V4. c. Measurements for distances between the three control points along the land reservation boundaries at bottom right corner of Sheet V5 and top left corner of Sheet V6. d. Curve line C12 on Sheet V8. e. Curve line C 16 on Sheet V 10 and V 11. f. All sides of the proposed SWM Access and Maintenance Easement on Sheets V 14 and V 16. g. The sides of the Variable Conservation Easement on Sheet V16. 25. [14-303 (C)] The 350.13' property boundary line visible on Sheet V 17 is missing bearings, degrees and minutes. 26. [General Comment] The plat does not show any easements associated with the 100' Route 29 landscape buffer on TMPs 46-19B 1, 46-19133, and 46-19134. As previously discussed, a private 100' landscape buffer should be shown on the plats. a. Add a note to Sheet VI stating that the 100' Route 29 landscape buffer is to be owned and maintained by the Brookhill Homeowners Association in accordance with the requirements of the ZMA201500007 Code of Development. b. Please submit a deed of declaration for maintenance and ownership of landscape buffer easements that explains that they will be owned and maintained by the Brookhill HOA in accordance with the ZMA201500007 Code of Development. c. Please see the attached Checklist for Maintenance Agreements for further details explaining language requirements in the deed for the landscape buffer easement. 27. [General Comment] The plat does not show any easements for the 30' Polo Grounds Road buffer on TMP 46-19A. As previously discussed, a private 30' landscape buffer easement should be shown on the plats. a. Add a note to Sheet VI stating that the 30' Polo Grounds Road landscape buffer is to be owned and maintained by the Brookhill Homeowners Association in accordance with the requirements of the ZMA201500007 Code of Development. b. Please submit a deed of declaration for maintenance and ownership of landscape buffer easements that explains that they will be owned and maintained by the Brookhill HOA in accordance with the ZMA201500007 Code of Development. c. Please see the attached Checklist for Maintenance Agreements for further details explaining language requirements in the deed for the landscape buffer easement.. 28. [14-317, ZMA201500007 and Section 18-4.71 The Brookhill Block 4 final site plan proposes a total of 1.28 acres of open space between Block 4A (0.55 acres) and Block 4B (.073 acres). The Zoning Ordinance requires that a legal instrument ensuring the maintenance and preservation of the open space that is approved by the agent and the county attorney in conjunction with the approval of the subdivision plat or site plan. Please submit a deed of declaration for maintenance and ownership of open space easements that explains that the open space areas will be owned and maintained by the Brookhill HOA in accordance with the ZMA201500007 Code of Development. a. All proposed open space areas should be shown and labeled within an Open Space Easement on the applicable drawings. State the acreage of the open space easement in the label. b. A note should be added to Sheet V 1 stating that the open space easements will be owned by the Brookhill HOA and maintenance of the open space will be in compliance with the ZMA201500007 Code of Development. c. Please see the attached Checklist for Maintenance Agreements for further details explaining language requirements in the deed for the open space. Please contact Cameron Langille in the Planning Division by using blan ig lle(c-r�,albemarle.org or 434-296-5832 ext.3432 for further information. Comments from Other Reviewers: Albemarle County Engineering Services (Engineer) — Emily Cox, ecoxkalbemarle.org — Requested changes, see attached. Albemarle County Service Authority — Richard Nelson, rnelsonnserviceauthroit,�org — ACSA review still underway. Any comments or approvals will be forwarded to the applicant upon receipt. Virginia Department of Transportation — Adam Moore, adam.moorekvdot.vir ig nia.gov — VDOT review still underway. Any comments or approvals will be forwarded to the applicant upon receipt. 4 Checklist for Maintenance Agreements File # Project Name: 14-317 Instrument evidencing maintenance of certain improvements. If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or any authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement, as follows: A. The instrument shall, at a minimum contain: ❑ (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, assures that it will remain in substantially the condition it was in when approved by the county; for a private street, shared driveway, or alley, the instrument also shall state verbatim: "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 verbatim: "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. ❑ (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 verbatim: "No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein." B. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the instrument be on a form prepared by the county attorney. C. For purposes of this section, the term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. D. Nothing in this section shall affect the rights of the county reserved under section 14-440. County of Albemarle Department of Community Development Memorandum To: Cameron Langille From: Emily Cox Date: 24 Oct 2018 Subject: Brookhill Easement Plat (SUB201800187) The Brookhill easement plat has been reviewed by Engineering. The following comments will need to be addressed before approval: 1. Naming of easements should be consistent. Stormwater management facilities should be SWM facility easement, with a SWM definition on the cover page. Are easements for storm pipes labeled storm easement or storm drain easement? There appears to be both. They are typically, drainage easements. SWM access & maintenance easement can just be part of the SWM facility easement. Engineering suggests a meeting to review plat and naming conventions and compare with the site plan/WPO plan. 2. Level spreaders and ditches to level spreaders should be in a SWM facility easement. 3. Easements will need associated deeds. 4. Call out arrows should be pointing towards lines, not general areas. 5. Several call outs say variable, but not variable width? Please clarify. 6. Professional seal should be signed and dated.