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HomeMy WebLinkAboutSUB201800145 Review Comments Final Plat 2019-04-16AL tIRCl, X County of Albemarle Department of Community Development Memorandum To: Troy Wade From: Paty Saternye- Senior Planner Division: Planning Services Date: October 24, 2018 Rev. 1: January 25, 2019 Rev. 1: UPDATE: January 28, 2019 Rev. 2: February 5, 2019 Rev. 2: UPDATE: February 15, 2019 Rev. 3: March 4, 2019 Rev. 4: April 16, 2019 Subject: SUB-2018-145 Barracks Farm Subdivision Plat The County of Albemarle Planning Division will grant or recommend approval of the Final 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)(3), (4), (6) & 14-303 (E)] Private Easements; Alleys and shared driveways; Dimension standards and information on all lots, streets, alleys, easements, and shared driveways; Existing or platted streets. The existing "40' Right of Way Easement has been accepted as a private street in previous subdivision plats. However, the following must be addressed: b) & g) Rev. 2 UPDATE:... Rev. 3: Comment not yet addressed. Provide 1 or 2 maintenance agreement(s) that specifies that the streets from the VDOT right of way to 150' beyond the start of the proposed parcel meet the standards specified. Please refer to the attached template maintenance agreement and checklist. The template was updated by the County on 3/1/2019. The older template can be utilized, but additional revisions may be required if it is. Rev. 4: The first submission of the maintenance agreement was received. A revised version of the document has been attached to this set of comments. Have this version of the document signed and notarized, and a copy provided to the planning reviewer, or provide information/documentation as to why any of the revisions made by the County are not correct. If current ownership of the lots is not as it is shown on the County GIS provide documentation of the transfer. Please note the following: i. The revisions to the plat (see below) must be made, and the revision date determined, prior to execution of this legal document. ii. The blanks in the document must be correctly filled in prior to signing. iii. Since Troy Wade and Marianna Bishop Wade are not current owners of the properties they have been removed from the document. Once ownership of Parcel 22D is transferred to them then they will be party to the agreement by ownership of the new parcel. iv. "Parcel 22D" is not vet a parcel and therefore cannot be referred to at 144- 22D" or "TMP 44-22D". In the attached revised agreement it is now referred to as it is shown on the plat, "Parcel 22D". v. Addresses for the owners, as shown on the County GIS, are different and have been updated in the agreement. If the County GIS system does not have the correct addressed for the current owners please provide that information. A. The description of the portion of the portion of the existing roads that is party to this agreement has been moved closer to the beginning of the agreement. vii. The description of the road has been expanded in the document to clarify what Engineering has stated is the minimum requirements. viii. Language has been added to specify that there are existing maintenance agreements that will stay in effect for the remainder of the existing streets. ix. These changes have already been made to the attached document. No further revision is required unless the applicant finds an error. If any change is made to the document by the applicant, beyond what has been revised by the County Attorney's office and attached to these comments, the additionally revised document should be forwarded to the planning reviewer for review prior to execution. x. This maintenance agreement, once fully executed, must be recorded with the plat once the plat is approved by the County. c), d) & f) Rev. 2 UPDATE: This is a combined comment from Rev. 2: 215119. See the 215119 comments for more detail. Revise the plat so that the proposed roadway widths are provided in the portion of the private street from the VDOT right of way to 150' beyond the start of the proposed parcel. These dimensions must meet the standards specified by engineering and mentioned above. Rev. 3: Comment not yet addressed. See the attached markup for changes to make to the plat. Rev. 4: Revise the plat to address the following two issues. See the attached marked up of the plat showning where the revisions should be made: L There is a typographical error in the label for the right of way within Tax Map 44-27D. The correct Deed Book and Page Number is "DB 213, PG 336" and not "DB 231, PG 336". ii. Revise the label for the portion of the street that the has been improved, and will be subject to the new Maintenance Agreement, to match that now shown in the version of the Maintenance Agreement attached to these documents. The label should be "Private Street (20' Minimum Roadway Width to 150' Beyond Start of Parcel 22D)" instead of "20' Minimum Roadway Width to 150' Beyond Start of Parcel 22D — See Note #15". 13. [14-302 (13)(1)] General Information. When revising the plat include a date of last revision on the plat. This date should be updated prior to each resubmission. Rev. 1: Comment still valid. Address this comment after making the two other specified change below. Rev. 2: Comment not fully addressed. Address this comment after making the two other specified change below. Rev. 2 UPDATE: Comment not fully addressed. Address this comment after addressing the other plat specific comments. Rev. 3: Comment not fully addressed. Revise the plat include a date of last revision on the plat for these changes. Rev. 4: Comment not fully addressed. Revise the plat include a date of last revision on the plat for these changes. 15. [Comment] See the attached comments from the other reviewers. Rev. 1: See the attached comments from the other reviewers. Rev. 2: Comment not fully addressed. See the attached comments from the other reviewers. Rev. 2 UPDATE: Comment not fully addressed. See the attached comments from the other reviewers. Rev. 3: Comment not fully addressed. See and address the attached remaining engineering comments. Rev. 4: Comment addressed. See attached engineering's comments including "No Objection". 16. Rev. 2 UPDATE: As previously specified by engineering, the private street must be built or bonded prior to approval of this subdivision plat. Rev. 3: Comment not fully addressed. The private street must be built or bonded prior to approval of this subdivision plat. Rev. 4: Comment addressed. See attached engineering's comments including "No Objection". Please contact Paty Saternye at the Department of Community Development 296-5832 ext. 3250 for further information. Review Comments for SUB201800145 No Sub -Application Type Selected Project Name: BARRACKS FARM Date Completed: Wednesday, March 13, 2019 Department/DivisiordAgency: Review Status: Reviewer: Jahn Anderson CDD Enaineerina 0 No Objection Engineering relies upon a technical design document titled AASHTO Guidelines for Geometric Design of Very Low -Volume Local Roads (ADT = 400). This document is basis of Engineering review of a 2-lot subdivision (plat) of Tax Map 44-22, prepared by Lake Anna Land Surveys. As such, Engineering recommends that the MINIMUM STANDARD section of the Private Improvement Maintenance Declaration first sentence be replaced with the following (or similar): 'The Street shall be maintained in perpetuity to a standard that, at a minimum, ensures that it will remain in substantially the same condition it was in when Plat was approved by the county_ Plat indicates, via illustration, labels; and notes, the Street condition on date of Plat approval. The Plat provides a definition for roadway width, and indicates length over which roadway (minimum) width standard applies. The roadway width shall be defined as travelway width plus shoulder width_ Travelway width shall be a minimum of fourteen feet (14') wide with a base of gravel or a superior surface as agreed to in the future via supplemental declaration.' If the first sentence of Minimum Standard is not revised, Applicant runs risks of accepting a higher minimum standard, relative to roadway width and length over which minimum width standard applies, than is strictly necessary. Apart from recommended edit change to the Declaration, provided required improvements detailed in prior Engineering plat review comments are built, reviewed, and accepted by Albemarle County as meeting AASHTO design guidelines; then Engineering has no objection to this 2-lot subdivision. Engineering requests 24-hour notification prior to construction of improvements, and notification of date improvements are ready for Engineering visual inspection." Update, aanderson2 411612019 9:31 Alva While previous 3f1319 comments are informative, after 4115 meeting with CountyAttorney's Office, Engineering defers to CAO guidance on recommended specific language for plat and Private hmprovement Maintenance Declaration, which should reflect a travemcsiv —,inimurn width over a specific section of road. Improvements were constructed to required standards over required section of roar+ nr Wlr-110 and photographs document Engineering needs are met; relative to recommending approval At this paint, deferring to GAO recommendations and Planning guidance to Applicant on Pvt. improvement Maintenance Declaration text edits (and possible plat revisions), Engineering has no abjection to the proposed 2-lot subdivision (plat). Page: 1 County of Albemarle Printed On: 04I1612019 Prepared by R. T. Williams, III, Esq., VSB# 84691 Albemarle County Parcel ID # 44-22 and #44-22B PRIVATE IMPROVEMENT MAINTENANCE DECLARATION This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION (hereinafter, the "Declaration") is made this of , 2019, by BARRACKS FARM, LLC, a Virginia Limited Liability Company, whose address is 518 Barracks Farm Road, Charlottesville, Virginia 22901; and MARIA BISHOP SHANNON, whose address is 516 Barracks Farm Road, Charlottesville, Virginia 22901 (collectively hereinafter, the "Declarants"). WHEREAS, the Declarants are the owners of the parcels of land known as Albemarle County Tax Map 44-22 and Tax Map 44-22B; and WHEREAS, Albemarle County Tax Map 44-22 is being subdivided into Parcel 22D and Tax Map 44-22 (Residue), as shown and described on a plat by John Carroll of Lake Anna Land Surveys, dated August 21, 2018 and last revised , a copy of which is attached hereto and incorporated herein by reference (hereinafter, the "Plat"); and WHEREAS, in addition to the existing right-of-way established at Albemarle Deed Book 213, page 336 and the existing private street established at Albemarle Deed Book 3564, page 9, the Declarants herein wish to establish a new private street (hereinafter, the "Street"), shown on the Plat as "Private Street (20' Minimum Roadway Width to 150' Beyond Start of Parcel 22D)", for the use and benefit of Tax Map 44-22 (Residue), Tax Map 44-22B and Parcel 22D, all as shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarants hereby impose the following obligations upon Tax Map 44-22, Tax Map 44-22B and Parcel 22D: MINIMUM STANDARD: The Street shall be maintained in perpetuity to a standard that, at a minimum, ensures that it will remain in substantially the same condition it was in when Plat was approved by the county: twenty feet (20') wide with a minimum fourteen -feet (14', wide base of gravel or a superior surface as agreed to in the future via supplemental declaration. 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. The portions of the existing private streets that are not part of this maintenance agreement will be maintained in perpetuity as specified in the existing maintenance agreement(s). 2. DEFINITIONS: 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 Private Improvement Maintenance Declaration REVISED - April 16, 2019 Page 1 of 3 vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. 3. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that (a) one or more of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times (except in severe temporary weather conditions), and (b) such owner(s) give(s) 30 days prior written notice to all other owners using the Street, such owner(s) may commence or contract to bring the Street to the minimum standard, and the resulting costs shall be the responsibility of all owners using the Street. 4. DEFAULTING OWNER(S): If any owner(s) fail(s) to pay their proportionate share of the costs of maintenance or repair for which they are responsible, as provided hereinabove, any other owner(s) not in default or the person or corporation performing such maintenance may, after 30 days written notice to the defaulting parcel owner(s), bring an action of law against each defaulting parcel owner(s) in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien to secure the payment of any defaulting parcel owner(s)' proportional share of maintenance or repair. The amount due by any delinquent owner(s) will bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance. The delinquent owner(s) shall be liable for all costs of collection, including reasonable attorney's fees. 5. COST OF MAINTENANCE: The owner(s) of Tax Map 44-22 (Residue), Tax Map 44-22B, and Parcel 22D shall be equally responsible for the cost of the maintenance of and/or repair to the Street. Any further division of Tax Map 44-22 (Residue), Tax Map 44-22B and/or Parcel 22D shall require the reassessment of cost to be equally shared by all owners using the Street. 6. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. SIGNATURES TO FOLLOW ON THE NEXT PAGE Private Improvement Maintenance Declaration REVISED - April 16, 2019 Page 2 of 3 IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed on his/her/its/their behalf by his/her/its/their duly authorized agent. IEM BARRACKS FARM. LLC By: Thomas B. Bishop Its: Managing Member COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit; I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Barracks Farm, LLC, by its Managing Member, Thomas B. Bishop, whose name is signed to the foregoing Private Improvement Maintenance Declaration dated March 12, 2019, has this day personally appeared before me and subscribed, sworn to and acknowledged the same in my jurisdiction as aforesaid. My commission expires: Given under my hand this (SEAL) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit; day of 2019. Notary Public Maria Bishop Shannon I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Maria Bishop Shannon, whose names are signed to the foregoing Private Improvement Maintenance Declaration dated March 12, 2019, has this day personally appeared before me and subscribed, sworn to and acknowledged the same in my jurisdiction as aforesaid. My commission expires: Given under my hand this day of 2019. Notary Public (SEAL) Private Improvement Maintenance Declaration REVISED - April 16, 2019 Page 3 of 3 LINE BEARING DISTANCE L1 N 42°22'55" W 8.37' L2 N 56°49'56" E 55.00' L3 N 35°31'00" E 72.00' L4 S 81 °34'02" E 136.38' L5 S 67-57'18" W 153.53' L6 S 56'00'14" W 131.21' L7 N 56'18'27" W 5.97' L8 N 87°46'07" W 115.00, L9 S 72°49'29" E 125.26' L10 S 17'46'51" E 20.00' L11 N 18-59-12" E 33.20' L12 N 14°50'35" E 16.54' CURVE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 335.00' 555.74' 365.59' N 78°22'35" W 493.98' C2 1170.00' 70.01' 35.02' N 88°00'05" E 70.00' C3 1150.00' 351.22' 176.98' N 80°58'06" E 349.85' C4 530.00' 562.38' 310.93' N 59'12'35" E 536.37' C5 1200.00' 106.62' 53.34' N 26°15'58" E 106.58' C6 54.00' 83.12' 52.32' N 63°04'51 " E 75.15' THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND: A 3 ACRE PORTION OF TAX MAP 44-22, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. GIVEN UNDER OUR HANDS THIS 20 DAY OF BARRACKS FARM LLC TITLE (SEAL) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY THIS NOTARY PUBLIC DAY OF 120. PRINTED NAME MY COMMISSION EXPIRES: TAX MAP 44-27D DARBYS FOLLY LLC; ET ALS N� DB 4975 PG 186 TAX MAP 44-27A DAVID W. CARR DB 332, PG 522 TAX MAP 44-27E BARRACKSIDE FARM LIMITED PARTNERSHIP DB 1508, PG 589 ZONED: RA Cn A ZONED:RA IPF S88° ZONED:RA ! 062%� o N f 7� �� OQ Q8„ Ci /3I N O �' NO5� 1p. IPS 15 F p5 / N � cPw yam° SE OF `?S4. °01/ I (32 co ��� o �� }I F5p�PNE pO �p0 CORNER \SOSs IPF 3I M GP PQ'PP SAP / r8b NN I P S 53°21, 6v, IPF 23�' w ���a �,' PARCEL 22 I IPS '�o �r. L5 (TIE) °Q, 3.000 ACRE I eoeP �Q 2pa w 0 �NI N v TAX MAP 44-33A4 VALERIE HURST & ANDREW J. BUDA DB 4643, PG 107 ZONED:RA 0 2a w 2 N o eFr�Ty OV N gTgRT P rgo, SFENOT�O 'Z b) .0 y� 0 213 w, TAX MAP 44-33A3 1CANTERBURY LLC DB 4946, PG 187 t ZONED:RA s sue, TAX MAP 44-105 4� ROBERT E. & ERIKA R. 0- REYNOLDS 9 3628" (3pkSF) ram- °o C) w4 I rN ` V'o IPS FXAspyq<T 40' RIGHT OF WAY EASEMENT - ALONG BARRACKS FARM ROAD DB 556, PG 494 DB 1373, PG 71 DB 3564, PG 9 IPS 15' SE OF CORNER Private Street (20' Minimum Roadway Width to 150' Beyond Start of Parcel 22D) APPROXIMATE LOCATION OF WPO BUFFER PER ALBEMARLE COUNTY GIS. SEE NOTE # 11 DB 1011, PG 525 ZONED:RA 2 ALTH 0� G� 0- TAX MAP 44-104 WILLIAM L, III & CECILIA r�x > V. MEFFERT w� JOHN CARROLL Y DB 3105, PG 654 Lic.No. 3235 ZONED:RA 0 NMI TAX MAP 44-271 BARRACKSIDE FARM LIMITED PARTNERSHIP Qz DB 1508, PG 589 ZONED:RA Om 44)Q Q TAX MAP 44-27H BARRACKSIDE FARM LIMITED PARTNERSHIP DB 1508, PG 589 ZONED:RA TAX MAP 44-27G BARRACKSIDE FARM LIMITED PARTNERSHIP DB 1508, PG 589 ZONED: RA �5 266' 2 TAX MAP 44-27F BARRACKSIDE FARM LIMITED PARTNERSHIP �3 DB 1508, PG 589 ZONED:RA --------------- -------------------- EXISTING STRUCTURES S 83°1230" W 38g.47' °06�2 TAX MAP 44-22A �36 JOHN M. & CYNTHIA H. DENT DB 2222, PG 481 %t 0 �t>v IPF TAX MAP 44-27J OWNER OF RECORD (PER DB 3639, PG 652): BARRACKSIDE FARM LIMITED BARRACKS FARM LLC PARTNERSHIP 518 BARRACKS FARM RD DB 1508, PG 589 CHARLOTTESVILLE, VA 22901 ZONED:RA O EXISTING STRUCTURES TAX MAP 44-22 (RESIDUE) BARRACKS FARM LLC DB 3639, PG 652 150.162 ACRES (REMAINDER) ZONED:RA Add a new REVISION DATE S 72009'29" W 254.86' S 72°45'37" W 350.56' TAX MAP 44-66 TAX MAP 44-67 SUSAN F. McNEELY TIMOTHY E. HEGEMIER, DB 3548, PG 608 ET AL ZONED:RA DB 4435, PG 523 ZONED:RA 1S761, /l\2S4 4n S 72°42'56" W 196.66' U) N Cl) S Og„ �r TAX MAP 44-19B CRAIG A. & KATHARINE B. WINN DB 1850, PG 330 ZONED:RA TAX MAP 44-22C1 SEAN F. & TAMMY SIMPKINS FLYNN DB 1382, PG 725 ZONED: RA COUNTY APPROVAL �o moo AGENT FOR THE BOARD OF SUPERVISORS DATE ho o NOTES: 1. NO TITLE REPORT FURNISHED. 2. THE NEW 3.0 ACRE PARCEL BOUNDARY IS BASED ON A 99.-' :. CURRENT FIELD SURVEY (7-10-18). PARENT PARCEL SHOWN IS BASED ON INFORMATION FROM RECORD. 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN HEREON. 4. PER FEMA FLOOD INSURANCE RATE MAP #51003CO260D, DATED 2-4-2005, THIS PARCEL LIES IN FLOOD ZONE "X" (AREAS �4 OUTSIDE THE 500-YEAR FLOOD PLAIN). 5. IPF: IRON PIN FOUND .`L IPS: IRON PIN SET v v 6. PARCEL 22D AND THE RESIDUE OF TAX MAP 44-22 EACH CONTAIN A BUILDING SITE THAT COMPLIES WITH SECTION 4.2.1 V OF THE ALBEMARLE COUNTY ZONING ORDINANCE. p. lv 7. PARCEL 22D IS ASSIGNED ONE (1) DEVELOPMENT RIGHT AND Q.0 MAY NOT BE FURTHER DIVIDED. THE RESIDUE OF TAX MAP IS RETAINING THREE DEVELOPMENT RIGHTS AND 44-22 (3) WHEN FUTHER DIVIDED IT SHALL NOT CONSIST OF MORE THAN O= 22.279 ACRES. 8. BUILDING SETBACK REQUIREMENTS: �v FRONT (EXISTING PUBLIC ROADS): 75' FRONT (INTERNAL PRIVATE ROAD): 25' o`O SIDE: 25' ,moo REAR: 35' 9. UNDER CURRENT COUNTY POLICY, PUBLIC WATER AND/OR SEWER SERVICE WILL NOT BE AVAILABLE TO THIS PROPERTY. 10. THIS PARCEL IS ZONED RA AND IS LOCATED IN THE IVY CREEK WATER SUPPLY WATERSHED AND THE CHARLOTTESVILLE-ALBEMARLE MPO. THIS PARCEL IS NOT CO LOCATED IN AN AGRICULTURAL -FORESTAL DISTRICT. 11. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE ALBEMARLE COUNTY WATER PROTECTION ORDINANCE. 12. THIS PARCEL IS IN A CONSERVATION EASEMENT PER DB , PG 13. THE STREETS IN THIS SUBDIVISION MAY NOT MEET THE STANDARDS FOR ACCEPTANCE INTO THE SECONDARY SYSTEM OF THE STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF ALBEMARLE. 14. APPROXIMATE LOCATION OF CRITICAL SLOPES, WPO STREAM BUFFER AND EXISTING STRUCTURES INTERPRETED FROM ALBEMARLE COUNTY GIS. CRITICAL SLOPE: WPO STREAM BUFFER: ------------------ - 15. "ROADWAY WIDTH" SHALL BE DEFINED AS TRAVELWAY WIDTH PLUS SHOULDER WIDTH. W PLAT OF TWO LOT SUBDIVISION C5 TAX MAP 44-22B m MARIA BISHOP SHANNON TAX MAP 44-22 cn DB 3564, PG 17 JACK JOUETT MAGISTERIAL DISTRICT ZONED:RA ALBEMARLE COUNTY, VIRGINIA SCALE: 1 " = 200' AUGUST 21, 2018 TAX MAP 44-75B \ WILLIAM D. PARKER, JR & KAY COS DB 1395, PG 29 ZONED:RA LAKE ANNA LAND SURVEYS 362 OVERTON DRIVE MINERAL, VIRGINIA 23117 540-894-7550 REVISION BLOCK: REVISED12-7-18 PER COUNTY COMMENTS DATED 10-24-18 REVISED 1-27-19 PER COUNTY COMMENTS DATED 1-25-19 REVISED 2-19 -19 PER COUNTY COMMENTS DATED 2-15-19 REVISED 3-6-19 PER COUNTY COMMENTS DATED 3-4-19