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Home My WebLink AboutSUB201900048 Review Comments Easement Plat 2019-04-15County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434-296-5832 Memorandum To: David James (diames2&albemarle.org) From: Cameron Langille, Senior Planner Division: Planning Date: April 15, 2019 Subject: SUB201900048 Branchlands Linden House — 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.] 1. [14-302 (A)(1), 14-303 (B), and 14-303 F)] State the name of the development in the plat title. It should reference that these easements pertain to the Branchlands PUD Phases 2B and 2E — Assisted Living Facility. a. TMP 61Z-3-5A is in Phase 213, Branchlands Retirement Village. b. TMP 61Z-3-5D is in Phase 2E, Branchlands Retirement Village. 2. [14-302 (A)(4) and 14-302 (A)(5)] The plat does not show many existing easements located on TMPs 61Z-3-5A and TMP 61Z-3-5D. Please add language stating that there may be other easements on both properties not shown on the plat, or show all existing easements and label by their type, whether they are public or private, and state the recorded instrument numbers. a. Survey plat recorded in DB 3541, pages 67-74 for TMP 61Z-3-5A lists numerous recorded instruments that created various easements on page 72. b. Survey plat recorded in DB 3540, pages 693-703 for TMP 61Z-3-5D lists numerous recorded instruments that created different easements on page 699. 3. [14-302 (A)(15)] Please confirm that the owner address for TMP 61Z-3-5A is correct as stated on the plat. Albemarle County GIS shows that the owner addresses for both properties is 200 Westgate Parkway, Suite 203, Henrico, VA 23233. 4. [14-302 (B)(7)] Please add a note stating whether the properties are located within an Agricultural - Forestal district. 5. [14-302 (B)(1)] Add a date of last revision to each sheet. 6. [14-302 (B)(5)] Please revise the Zoning note so that it states all applicable primary zoning districts, overlay zoning districts, and proffers, special use permits for each individual parcel. a. TMP 61Z-3-5A is zoned PUD Planned Units Development. The property is located within the AIA Airport Impact Area Overlay Zoning District, and portions of the property are located within the Managed Steep Slopes Overlay District. The property is subject to the approved application plans and conditions of ZMA198000026 and ZMA198800007. The property is subject to the approved conceptual plan and conditions of SP198000063 and SP201400010. b. TMP 61Z-3-5D is zoned PUD Planned Unit Development. The property is located within the AIA Airport Impact Area Overlay Zoning District, and portions of the property are located within the Managed Steep Slopes Overlay District. The property is subject to the approved application plans and conditions of ZMA198000026 and ZMA198800007. The property is subject to the approved conceptual plan and conditions of SP198000063 and SP201400010. 7. [14-303 (D)] Please state the acreage of each existing lot. 8. [14-303 (E)] The dimensions shown for the easement boundary measuring 20.04' between Area A and Are B does not have any linear, angular, or curvilinear measurement information. Please provide this information on next submittal. 9. [14-302 (13)(1)] Please add a date of last revision to each drawing. 10. [14-303 (H) and 14-4211 Provide a legend identify all permanent reference monuments identified on the plat (i.e. IF = Iron Found, etc.). 11. [General Comment] Provide a legend identifying tall lines types and hatching symbology used on the plat. 12. [General Comment] Please see the attached Letter of Determination (LOD). It appears that a shared parking agreement was approved by the Deputy Zoning Administrator, Ron Higgins, in 2017. The LOD has a signed shared parking agreement included in the approval letter. Was this agreement ever recorded? If so, please state the instrument number with deed book and page as a note on the plat. Please contact Cameron Langille in the Planning Division by using blan ig llegalbemarle.org or 434-296-5832 ext. 3432 for further information. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 6, 2017 Ms. Valerie W. Long, Esquire c/o Williams Mullen, PC 321 East Main Street, Suite 400 Charlottesville, VA 22902 RE: LOD201600025 - Shared Parking Agreement for the Branchlands Retirement Village Tax Map Parcels: 61Z-03-5A, 61Z-03-5C, 61Z-04-1C, 61Z-03-5, 61Z-03-5D and, 61Z-03-4 Dear Ms. Long: This letter is to confirm the determinations made by me as part of reviews for the special permit and site development plan for the Assisted Living Site at the Branchlands Retirement Village. These determinations were and are based on a detailed parking analysis for the six properties served by parking at the village, the latest revision being the May 25, 2015 analysis by Timmons Group. The determinations resulted in a Shared Parking Agreement, dated May 2, 2016, serving the six properties. This determination concludes that there is adequate parking for the village to remain in full compliance in terms of parking requirements, including those for the existing apartments. My conclusion is further justified by field surveys conducted for the analysis, and since, which counted available vacant parking spaces at different times of the day and week, revealing an average of 46 weekday and 53 weekend vacant spaces. This, of course, is based on the schedule of uses remaining the same as they were outlined in the Timmons analysis. This is the latest parking determination for Branchlands Retirement Village and replaces any parking determinations for this development made prior to January 6, 2017. Any further changes to the uses in this complex will require a new parking analysis and determination. Please contact m oul u have any questions on this information. Sincerely, Ron Id iggins, Al P Chie of Zoning/Deputy Zoning dministrator Attachment: Branchlands Village Expansion Parking Analysis, Timmons Group, May 25, 2015. Shared Parking Agreement, May 2, 2016. 00,0 • 1001 Boulders Parkway P 804.200.6500 T I M M O N S GROUP Suite 300 F 804.560.1016 YOUR VISION ACHIEVED THROUGH OURS. Richmond, VA 23225 www.timmons.com To: County of Albemarle t + From: W. Scott Dunn, A_ ICP, PTP CVO K 1� D4e May 25, 2015 Re: Pr6paser3 Brine ands Village Expansion — Parking Analysis Purpose The purpose of this memorandum is to summarize the findings of the parking inventory and utilization analysis performed by Timmons Group in conjunction with the proposed Whistler House expansion at Branchlands Village. Background Branchlands Village is an independent living facility located off of Incarnation Drive in Albemarle County, VA (see Figure 1). The existing Branchlands Village consists of two (2) buildings that contain a total of 69 units; 62 of these units are occupied by a single individual and 7 are occupied by couples. Approximately 50% of the current residents own/park a vehicle on site. In addition to the residents, there is approximately 14 staff on -site between 7:00am and 7:00pm on a typical weekday. With respect to the 14 staff, 12 drive cars to work and two (2) depend on public transportation. On Saturday there are typically four (4) employees present between 7:00am and 12:00pm; no staff is present on Sunday. Data Collection — Existing Parking Utilization As shown on Figure 2, two (2) surface lots currently serve the primary parking needs of Branchlands Village. Lot A (located to the west) contains 60 spaces and Lot B (located to the east) contains 26 spaces; in total there are 86 spaces serving the daily parking demand. Parking occupancy counts were conducted in both Lots A and B on Tuesday February 4, 2013, Wednesday February 5, 2013, and Saturday February 8, 2013. Weekday counts were collected four (4) times throughout the day on each of the weekdays and the Saturday counts were collected twice; the data collection times correspond with the peak parking demands based on data provided by Branchlands Village. The results of the data collection efforts are summarized in Tables 1 and 2. CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I GIs I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES March 4, 2014 Branchlands Village Parking Analysis Table 1 Weekday Parking Utilization Count LOT LOT B LOTS A & B COMBINED Parking Spaces Available Parking Spaces Occupied Parking Spaces Vacant Parking Utilization Parking Spaces Available Parking Spaces Occupied Parking Spaces Vacant Parking Utilization Parking Spaces Available Parking Spaces Occupied Parking Spaces Vacant Parking Utilization 10:30am 60 32 29 53% 26 13 14 1 48% 86 44 42 51% 12:30 m 60 28 33 46% 26 12 15 44% 86 39 47 45% 2:30 m 60 27 33 45% 26 10 17 37% 86 37 50 42% 4:30pm 60 26 35 43% 26 16 11 609/- 86 1 41 45 48916 Average 28 32 46% 12 14 47% 1 40 46 4796 Table 2 Saturday Parking Utilization Count LOT LOT B LOTS A & B COMBINED Parking Spaces Available Parking Spaces Occupied Parking Spaces Vacant Parking Utilization Parking Spaces Available Parking Spaces Occupied Parking Spaces Vacant Parking Utilization Parking Spaces Available Parking Spaces Occupied Parking Spaces Vacant Parking Utilization 10:00am 60 25 35 42% 26 11 15 42% 86 36 50 42% 11:00am 60 20 40 33% 26 12 14 46% 1 86 32 54 3791. Average 22 38 38% 17777 11 15 44% 33 53 40% Based on the information above, the Tuesday and Wednesday (i.e. weekday) data were both similar and consistent. Lot A had an overall daily utilization rate of 46% (28 occupied spaces, 32 vacant spaces) and Lot B had an overall daily utilization rate of 47% (12 occupied spaces, 14 vacant spaces). On the average weekday, there are approximately 46 vacant parking spaces available. With respect to the weekend parking utilization, Lot A had an overall daily utilization rate of 38% (22 occupied spaces, 38 vacant spaces) and Lot B had an overall daily utilization rate of 44% (11 occupied spaces, 15 vacant spaces). On the average Saturday, there are approximately 53 vacant parking spaces available. Proposed Expansion The proposed expansion, Whistler House, will consist of up to, 83 additional units and be located immediately south of the existing buildings (see Figure 2). The addition will lead to the removal of three parking spaces, bringing the total parkin space count down from 86-to 83.. Whistler House, unlike existing Branchlands Village, will be an assisted living facility at which the residents are unable to live independently and unlikely to have a vehicle. The proposed 83-unit expansion will include: • 24 memory care studios; • 56 1-bedroom units; and • 3 2-bedroom units. Since the proposed expansion will consist entirely of assisted living units, employee numbers will increase and the facility will be staffed around the clock. Table 3 below summarizes anticipated weekday and weekend staffing J _ March 4, 2014 Branchlands Village Parking Analysis Table 3 Anticipated Weekday and Weekend Staffing Time Staff Weekday I Weekend 1:OOAMI 41 4 2:00AMl 411 4 3:00AMl 41 4 4:OOAM 41 4 S:OOAM 41 4 6:00 A M 7 7:OOAM _71 191 19 8:OOAM 2211 22 9:OOAMI 301 19 10:OOAMI 3111 20 11:00AMI 361 25 12:OO1)M 371 26 1:00 PM 1 371 26 2:00PM1 341 23 3:00PMl 2711 16 4:00 PMJ 261 15 5:00 PM1 17 17 6:00 PM 171 17 7:00 PM ill 11 8:OOPM 11 11 9:00 PM 10 10 10:00 PM 10 10 11:00 PM 6 6 12:00 A M 6 6 Based on the information in Table 3, the peak demand for staff parking will be realized between 12:00pm and 2:00pm during both weekday and weekend operations. Conclusions According to the information presented above, on average, there are 46 vacant spaces ,during the typical weekday and 53 vacant spaces during the typical Saturday. Assuming that each of the anticipated staff for the proposed 83-unit Whistler House expansion drive their own vehicle to work, there will be a peak need for 37 additional spaces during the week and 26 on Saturday. Given the current number of vacancies, there is a sufficient number of existing spaces on -site to accommodate this demand. It is estimated that following the expansion there will be approximately six (6) vacant spaces available during the weekday peak (46 vacant — 37 new employees — 3 removed parkings spaces) which equated to overall utilization rate of 92%. On Saturday there will be approximately 24 vacant spaces (53 vacant — 26 new employees — 3 removed parking spaces) which equates to an overall utilization rate of 71%. The data above indicates that no additional parking spaces are required to satisfy the .parking demand that is anticipated to accompany the proposed 83-unit Whistler House expansion at Branchlands Village. Prepared by and return to: Valerie W. Long VSB #42968 Williams Mullen 321 G. Main Street, Suite 400 Charlottesville, VA 22902 Tax Map Nos. 061ZO-03-00.00400 061ZO-03-00.00500 061 ZO-03-00-005AO 061 ZO-03-00-005CO 061 ZO-03-00-005 DO 061 ZO-04.00-001 CO SHARED PARKING AGREEMENT THIS SHARED PARKING AGREEMENT (this "Agreement"), is made as of this `/-1 day of �Gt, 2016, by and between WHSB, LLC, a Virginia limited liability company ("WHSB"), and WIAL, LLC, a Virginia limited liability company ("WIAL"). WITNESSETH WHEREAS, WHSB is the owner of (i) all that certain lot or parcel of land identified on the current tax maps of Albemarle County as Tax Map Parcel No. 061 ZO-030-00-00400, and designated as Phase 2A, Branchlands Retirement Village, on a plat prepared by Kirk Hughes & Associates, dated December 16, 2007, last revised January 4, 2008, entitled "ALTA/ACSM Land Title Survey of Phase 2A; Phase 2E; Revised Phase 21); and Phase 1, Section F, Branchlands Retirement Village, and Manor House Parcel, Branchlands, Rio Magisterial District, Albemarle County, Virginia", recorded on January 22, 2008 in the Clerk's Office of the Circuit Court for Albemarle County, Virginia, in Deed Book 3540, page 693 (the "Plat"); (ii) all that certain lot or parcel of land identified on the current tax maps of Albemarle County as Tax Map Parcel No. 061 ZO-030-00-00500 and designated as the Manor House Parcel on the Plat; (iii) all that certain lot or parcel of land identified on the current tax maps of Albemarle County as Tax Map Parcel No, 061ZO-030-00-005CO and designated as Revised Phase 2D on the Plat; (iv) all that certain lot or parcel of land identified on the current tax maps of Albemarle County as Tax Map Parcel No. 061 ZO-040-00-001 CO and designated as Phase 1, Section r on the Plat; and (v) all that certain lot or parcel of land identified on the current tax maps of Albemarle County as Tax Map Parcel No. 061Z0-030-00-005D0 and designated as Phase 2E on the Plat (collectively, the "WHSB Property"); and WHEREAS, WIAL is the owner of that certain lot or parcel of land situated in Albemarle County, Virginia, identified on the current tax maps as Tax Map Parcel No. 061Z0-03-00-005A0, and designated as Phase 2B, Branchlands Retirement Village, on a plat made by Kirk Hughes & Associates, dated December 17, 2007, entitled "ALT'A/ACSM Land Title Survey of Phase 2B, Branchlands Retirement Village and an Appurtenant 24' Access Easement, Rio Magisterial District, Albemarle County, Virginia" and recorded in the aforesaid Clerk's Office on January 22, 2008 in Deed Book 3541, page 67 (the "WIAL Property); and WHEREAS, WIAL is constructing a building on the WIAL Property, and WHSB has agreed to permit WIAL to use a certain number of the parking spaces located on the WHSB Property on the terms set forth herein. NOW, TTIEREFORF, for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, WHSB and WIAL hereby agree as follows; 1. WHSB does hereby GRANT and CONVEY unto WIAL, and its tenants, employees, guests, customers, invitees, successors and assigns, a nonexclusive easement for (a) the use of up to forty (40) parking spaces on the WIISB Property (the "Shared Spaces") which are not reserved for tenants of the existing apartments on the WIISB Property, and (b) reasonable ingress and egress for vehicles and pedestrians over portions of the WIISB Property necessary to access the Shared Spaces (the "Shared Travel ways"). 2 2. WHSB shall not construct or permit to exist any barricade or other obstruction within the Shared Spaces, the Shared Travelways, or other areas of the WHSB Property which would discourage or prevent ingress to, egress from or use of the Shared Spaces or the Shared Travelways by WIAL, or its tenants, employees, guests, customers, invitees, successors and assigns. 3. WIAL and any tenant of the WIAL Property shall instruct their employees who are authorized to use the Shared Spaces to remove their vehicles from the Shared Spaces and any other portions of the WHSB Property when they are not working at the WIAL Property and not to use or obstruct any other parking spaces on the WIISB Property other than the Shared Spaces, 4. WHSB shall be responsible for operating, maintaining and repairing the Shared Spaces and Shared Travelways in a manner consistent with other driveway areas and parking spaces on its property, including removal of snow and trash, and, with not less than fifteen (15) days prior written notice to WIAL,, may temporarily close or limit access to the Shared Spaces or Shared Travelways if necessary to remedy an unsafe condition or perform maintenance or construction, but only for as long as is reasonably required therefor. 5. WIAL shall promptly reimburse WHSB (and in any event within ten (10) business days of written request therefor) for reasonable, proportionate expenses incurred by WHSB from time to time for maintenance, repair and reconstruction of the Shared Spaces and Shared Travelways. 6. WIAL, shall indemnify and hold WHSB harmless from and against all liabilities, damages, loss, cost, damage or expense, including, without limitation, court costs and reasonable attorneys' fees, occasioned by or arising in any way from use of the Shared Spaces and Shared "Travelways by WIAL, its tenant, successors and assigns, as well as their employees, agents, guests and invitees. WIAL shall maintain appropriate liability and property damage insurance, with coverage in such amounts and of such types, underwritten by such insurers and containing such terms, as WIISB may reasonably request in writing. The foregoing indemnification and agreement to hold harmless shall not include any liability arising from the negligence or intentional misconduct of WIISB, its employees, agents, tenants, contractors, guests, invitees, or assigns. 7. No act shall be performed by either party, or its successors or assigns, which would in any manner adversely affect or jeopardize the free and continuous use and enjoyment of the Shared Spaces and Shared Travelways by either party in a manner that is inconsistent with the terms and conditions of this Agreement. 8. This Agreement shall run with the land and the benefits and burdens imposed by the terms of this Agreement shall be binding on the parties, their successors and assigns. 9. This Agreement is intended to meet all of the requirements for shared parking as set forth in the Albemarle County Code including, but not limited to, the criteria and requirements of Albemarle County Code Sections 4,12,10 and 4.12.8(c). 10. Each party agrees that it will take such further actions and execute or cause to be executed such further and other documents as are needed to carry out the intent and purposes of this Agreement,. 11. Notices. Notices under this Agreement shall be sent by (a) first class mail, postage prepaid, registered or certified mail, return receipt requested, (b) hand delivery, or (c) overnight mail service, addressed as follows: WlISB: 200 Westgate Parkway, Suite 203 Henrico, VA 23233 W IAL: 200 Westgate Parkway, Suite 203 Henrico, VA 23233 4 Notices shall be deemed received upon receipt, or when delivery is refused. Any party to this Agreement may designate a substitute address by notice sent in writing in accordance with the provisions of this Section, 12, The parties agree that the failure by any party to insist upon strict observance of any of the terms or conditions of this Agreement at any time shall not be deemed a waiver of such party's right to insist upon strict observance thereafter. This Agreement may not be modified in any manner except by an instrument in writing executed by the parties hereto. The invalidity or unenforceability of any covenant, agreement term or condition of this Agreement or the application thereof, shall not affect the validity, enforceability or applicability of any other provision in this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws or provisions. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, (Signature Pages Immediately .Follow) WITNESS the following signatures and seals: COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE The forvgoing ",'hared Parking Cloy CAI 111,t__ behalf of the company, My commission expires: WHSB: WiIS i, LIyC:, a ' •ginia limited liability company 0-olrttrrr 1,. A(ohiian, Manager Agreement was acknowledged and subscribed before me this 2016, by Graham L. Adelman, Manager of WHSB, LLC, on Notary Public WIAL: WIAL, LLC, a Virginia limited liability company f.. .............._.(SEAL) t=;r:sl:ruti L. A � i�7a.n, Manager COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE The foregoing Shared Parking Agreement was acknowledged and subscribed before me this day off. , , 2016, by Graham L. Adelman, Manager of WIAL, LLC, on behalf of the company. My commission expires: �,+ jt, t._�' �• t�......- Notary Public Ftdl�9TFLjfICN 9.i, 301070 MU(JFa�' , 10927446 2 d-x fd