HomeMy WebLinkAboutSUB201800142 Review Comments Final Plat 2018-11-05 (3)County of Albemarle
Department of Community Development
Memorandum
To: Kristopher C. Winters, LS — Roudabush, Gale & Associates, Inc. (kwinterskroudabush.com)
Alan Taylor — Avinity Estates, LLC (alan&riverbenddev.com)
From: Tim Padalino, AICP — Senior Planner
Division: Planning Services
Date: November 5, 2018
Subject: 3rd Review Comment Letter — SUB-2018-00142 (Avinity Estates — Final Plat)
The final subdivision plat referred to above (dated October 5, 2018; received October 15, 2018) has been
reviewed by the Planning Services Division of Albemarle County's Department of Community Development
(CDD) and other applicable members of the Site Review Committee (SRC).
The review comments contained herein are those that have been identified at this time; additional comments may
be added or eliminated based on further review. (Each comment is preceded by the applicable reference to the
Albemarle County Code.) Any pending review comments will be promptly forwarded upon receipt.
The County will approve this final plat when all of the following review comments (below) have been
satisfactorily addressed. Please work directly with each reviewer to address and resolve all review comments, as
may be applicable. Tentative approvals from each reviewer should be forwarded to the Planner upon receipt.
Please contact me if you have questions or requests for assistance, or if you require any clarification or additional
information.
Sincerely, II
Tim Pad ' o, AICP
Senior Planner
(434)-296-5832 x 3088
tpadalinogalbemarle. org
Page 1 of 5
Albemarle County Planning Services (Planner) — Tim Padalino, 1padalino =,albemarle.org — Requested Changes:
1. [14-302(B)-5]: Please revise Note 5 (zoning) on Sheet V1 to include a reference to the Special Exceptions
(Variations) approved by the Board of Supervisors (BOS) on 3/7/2018.
Rev. Comm. #2 (9/4/2018): Addressed.
2. [14-302(B)-5]: Please revise Note 16 (minimum building setbacks) on Sheet V 1 to include a reference to
the Special Exceptions (Variations) approved by the Board of Supervisors (BOS) on 3/7/2018.
Rev. Comm. #2 (9/4/2018): Addressed.
3. [Application Plan (ZMA-2013-16) and 14-302(A)-141: Please clarify/explain the following
discrepancies (below) in the proposed open space areas. If necessary, please also revise the proposed open
space areas and update the calculations to address these discrepancies.
a. The applicable open space calculations on the ZMA application plan (ZMA-2013-16) show a
total open space area of 3.78 acres for "Avinity II" (Avinity Estates).
b. The final site plan (SDP-2018-35, dated 7/23/2018) includes an "Open Space" note (Sheet 1)
indicating a total open space area of 3.60 acres for Avinity Estates.
c. The final site plan (SDP-2018-35, dated 7/23/2018) includes a Layout Plan (Sheets 3 and 3A)
which appears to show a total open space area of 3.52 acres on the Avinity Estates project (not
counting the 0.12 acres of labeled open space shown on Avinity 1, and not counting the 0.38 acres
of open space dedicated to Avinity I).
d. This preliminary plat (SUB-2018-67) includes an "Area Summary" note (Sheet V1) indicating a
total open space area of 3.17 acres.
Rev. Comm. #2 (9/4/2018): Not Addressed / Revision Required. The "Area Summary" calculations on
Sheet VI identifies 3.265 acres of Total Open Space Area for Avinity Estates. This is 0.515-acres less
than what the 3.78-acre open space area specified on the approved Application Plan for ZMA201300016;
and is 0.02-acres less than what is specified in the Final Site Plan (dated 7/23/2018). Please revise the
Area Summary calculations and the associated Open Space designations and depictions to meet the open
space requirements established through ZMA201300016.
Note: Please also see review comment #4, below, regarding eligible open space uses.
Note: Please also see review comment letter (dated 812212018) for Final Site Plan SDP201800035 for
separate but related review comments regarding open space requirements.
Note: Please note that revisions to open space designations on this final subdivision plat
(SUB201800142) may result in the need to make corresponding revisions to the final site plan
(SDP201800035). Please ensure final site plan and final plat are revised to be consistent with one
another, and consistent with the approved Application Plan for ZMA201300016.
Rev. Comm. #3 (11/5/2018): Addressed.
4. [Application Plan (ZMA-2013-16) and 14-302(A)-141: Please describe the proposed use, ownership,
and management of the area labeled "Common Open Space 2," the proposed 0.058-acre common open
space comprised of a five (5) foot wide corridor of land between Bergen Street and Montague Street.
Rev. Comm. #2 (9/4/2018): Not Addressed / Revision Required. Sheet 3A on the Final Site Plan
SDP201800035 (dated 7/23/2018) states that this proposed 0.058-acre "common open space" would be
"for utilities to be owned and maintained by the HOA." Per Z.O. Section 3, "common open space" is
defined as "An open tract or parcel of land not devoted to residential uses or structures but directly
related and adjunct to a cluster development or planned development, as herein provided, and owned
and/or controlled by the residents of such development."
While it is technically acceptable to designate this 0.058-acre area as a "common open space for utilities
to be owned and maintained by the HOA," private utility corridors such as this are not eligible for
meeting "open space" requirements, per Z.O. Section 4.7(a) and (b).
Page 2 of 5
Therefore, this 0.058-acre area (as proposed) cannot count towards the 25% (total) / 5.69 acres (total)
open space requirements for Avinity I and Avinity Estates (combined total) that were established by the
approved Application Plan for ZMA201300016. The minimum open space requirements (25% total for
Avinity I and Avinity Estates / 5.69-acres total) must be met using other proposed open space
designations that comply with Z.O. Section 4.7, and the Open Space Calculation Table on Sheet 3 must
be revised (as may be applicable, in accordance with revisions to the proposed open space).
Note: Please note that revisions to open space designations on this final subdivision plat
(SUB201800142) may result in the need to make corresponding revisions to the final site plan
(SDP201800035). Please ensure final site plan and final plat are revised to be consistent with one
another, and consistent with the approved Application Plan for ZMA201300016.
Note: Please also see review comment letter (dated 8/22/2018) for Final Site Plan SDP201800035 for
separate but related review comments regarding open space requirements.
Rev. Comm. #3 (11/5/2018): Addressed.
5. [14-302(A)-13] : Please show the location of proposed water and sewer lines on Sheet V 12 (and other
sheets, as may be applicable).
Rev. Comm. #2 (9/4/2018): Addressed.
6. [14-302(A)-13]: Please show the location of proposed stormwater management facilities on Sheets V9
and V 10 (and other sheets, as may be applicable).
Rev. Comm. #2 (9/4/2018): Addressed.
7. [Application Plan (ZMA201300016) and 14-302(A)-41: Please add a note stating that the required
access easement granting access within and through Avinity I all the way to a public right of way (Avon
Street) will be (or has been) submitted separately.
As noted in the review comments for the final site plan SDP201800035, the required access easement to
a public right of way (Avon Street) must be established prior to approval of final site plan, which must
occur prior to County approval of the final subdivision plat.
Rev. Comm. #3 (11/5/2018): Not Addressed / Revision Required. The recently -recorded exclusive
access easement between "Avon Properties LLC" / Grantor and "Avinity Estates LLC" / Grantee does
not fully accomplish the access requirements established through ZMA201300016. Although an
exclusive access easement has been established through the recently recorded deed, it is still necessary
to establish a non-exclusive public use access easement by plat and deed.
Note 1 on the ZMA Application Plan states "All streets shown on this plan shall be open for public
use." (emphasis added) Additionally, review comment #11 for SDP201800035 stated "[Application
Plan (ZMA201300016) and Z.O. Sections 32.6.2(a) and 32.5.2(i)]: An access easement must be
provided to ,grant public access on the proposed private streets and to grant access within and through
Avinity I all the way to Avon Street." (emphasis added)
This required public use access easement can be added to the Avinity Estates final plat SUB201800142;
it does not need to be a separate application for an easement plat and deed. A corresponding deed will
need to be submitted. However, in order for this approach to be acceptable, you must add a note to the
final site plan SDP201800035 stating that the final plat includes a public use access easement providing
public use/access over all the private streets, including a reference to the plat application number
(SUB201800142), similar to how the final site plan contains a note about the road plans
(SUB201800018).
8. [Application Plan (ZMA201300016) 14-302(A)-5]: The stormwater management facilities access and
maintenance easement plat(s) (and corresponding deed) must be provided to the County for public use.
These must be recorded in conjunction with WPO Plan approval, prior to County approval of final site
plan, which must occur prior to County approval of the final subdivision plat. (Note: see review
comments from CDD-Engineering; pending as of 6/4/2018.)
Rev. Comm. #2 (9/4/2018): Not Addressed / Revision Required. Please ensure the plat contains a note
Page 3 of 5
that states the "SWM Maintenance & Access Easement[s]" are dedicated to public use. Please provide the
Deed Book and Page Number references for these SWM Maintenance and Access Easements, after they
have been submitted, approved, and recorded (in conjunction with the WPO Plan approval, prior to
County approval of the final site plan, which must occur prior to County approval of the final subdivision
plat).
Rev. Comm. #3 (11/5/2018): Partially Addressed. Staff acknowledge the addition of Note 18 on Sheet
1. However, please ensure the final version of this final plat includes the Deed Book and Page Number
references for these SWM Maintenance and Access Easements, after they have been submitted, approved,
and recorded (in conjunction with the WPO Plan approval, prior to County approval of the final site plan,
which must occur prior to County approval of the final subdivision plat).
9. [14-302(A)-5]: Public sewer and water easements must be provided to ACSA for public use. These must
be established in conjunction with the final plat. (Note: see review comments from ACSA; pending as of
6/4/2018.)
Rev. Comm. #2 (9/4/2018): Addressed. Staff acknowledge language in Note 11 on Sheet V 1 and note on
Sheet V 12.
10. [Application Plan (ZMA201300016) and Variation for ZMA-2013-16 and 14-302(A)-5]: Easements
for the proposed five (5) foot "landscaping and maintenance easement" along the project boundaries
and for the proposed six (6) foot "planting strip" adjacent to the private streets right-of-way are
required. These must be established in conjunction with the final plat.
Rev. Comm. #2 (9/4/2018): Not Addressed / Revision Required. Neither of these two (2) easements
shown on the final site plan SDP201800035 are shown on any of the Easements sheets (Sheet V9 —
V 13) on this final subdivision plat (SUB201800142).
Rev. Comm. #3 (11/5/2018): Addressed. Staff acknowledge the addition of the Landscape Easements
(Sheet 14).
11. [14-317]: A private street maintenance agreement for the new private streets will need to be
reviewed and approved prior to final plat approval. Please use the following template for the
maintenance agreement: TEMPLATE.
Rev. Comm. #2 (9/4/2018): Not Addressed / Revision Required. To date, no private street
maintenance agreement has been received.
Rev. Comm. #3 (11/5/2018): Not Addressed / Revision Required. To date, no private street
maintenance agreement has been received.
12. [14-303 and 14-302(A)-41: Please provide a reference to the Deed Book and Page Number for the
"Variable Width Access Easement" that provides temporary construction access and permanent
emergency access from Scottsville Road / Route 20.
Note: Sheet 3A on the Final Site Plan SDP201800035 provides the following reference for a "Road
Access and Maintenance Agreement" easement: D.B. 795, PG. 437.
Rev. Comm. #3 (11/5/2018): Addressed. Staff acknowledge the addition of the reference on Sheet 3.
Albemarle County Engineering Services (Engineer) — Matt Wentland, mwentland(a,albemarle.org —
Requested Changes (11/l/2018); see attached comments.
Albemarle County Building Inspections — Michael Dellinger, mdellingergalbemarle.org —
No Objection (8/22/18).
Albemarle County Department of Fire & Rescue — Shawn Maddox, smaddox(a,albemarle.org —
Review comments pending (as of 11/5/2018); all Fire & Rescue comments will be promptly forwarded upon receipt.
Albemarle County Information Services (E911) — Andrew Walker, awalkergalbemarle.org —
No Objection (8/20/2018).
Page 4 of 5
Albemarle County Service Authority (ACSA) — Richard Nelson, rnelsonkserviceauthority.or&—
Review comments pending (as of 11/5/2018); ACSA comments will be promptly forwarded upon receipt.
Virginia Department of Transportation — Adam Moore, PE, Adam.Moorekvdot.vir ig nia.gov —
No Objection (9/27/2018); see attached VDOT approval letter.
Please contact Tim Padalino at the Department of Community Development at (434)-296-5832 ext. 3088 or
tpadalinokalbemarle.orfor further information or assistance.
Page 5 of 5
Review Comments for SUB201800142 NoSub-ApplicationType S.elected -
Project Name: AVINITY ESTATES. - FINAL
Date Completed: Thursday, November 01, 2018 DepartmeWDivisionfAgency: Review sus:
Reviewer: Matthew Wentland CDD Engineering Requested Changes
Page: County of Albemarle Printed On: 11 T0512018
Stephen C. Brich, P.E.
Commissioner
COMMONWEALTH of VIRGrINIA
DEPARTMENT OF TRANSPORTATION
160t Orange Road
Culpeper Virginia 22701
September 27, 2018
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: Tim Padalino
Re: Avinity Estates — Final Plat
SUB-2018-00142
Review # 1
Dear Mr. Padalino:
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section, has reviewed the above referenced plan as submitted by Roudabush, Gale, &
Associates, dated 12 July 20I8, and find it to be generally acceptable.
A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the Charlottesville Residency Transportation and Land Use
Section at (434) 422-9399 for information pertaining to this process. If further information is
desired please contact Justin Deel at (434) 422-9894.
Sincerely,
pt(b414-- IA/1
A/ VUL.-I
Adam J. Moore, P.E.
Area Land Use Engineer
Charlottesville Residency
VirginiaDOT.org
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