HomeMy WebLinkAboutSUB202000043 Review Comments Final Plat 2020-04-07k'
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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: Bethany Velasquez (Bethanygroudabush.com)
From: Cameron Langille, Senior Planner
Division: Planning
Date: April 7, 2020
Subject: SUB202000043 Brookhill Block 8B — Two -Lot Division and 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.]
[General Comment] Due to the number of plats and deeds that are being recorded with the Albemarle
County Clerk's office, it is difficult to track what plats and deeds apply to each parcel. Please provide a note
for each parcel that lists all recorded instruments (plats, deeds, etc.) for TMPs 46-18, 46-18A, 46-19A1, 46-
19A2, and 46-19133.
a. Please be aware that there are currently two other Brookhill plats under review, SUB201900123,
SUB202000035, SUB202000038, SUB202000039. This plat will need to be updated prior to
approval to incorporate updated instrument references, acreages, etc. assuming that any of those
plats are approved and recorded first.
b. Please update the Brookhill Deeds and Plats of Record so it states recorded instruments of
SUB201900138.
2. [14-302 (A)(1)] Please revise the plat title so that it clearly states that this is a division creating anew open
space lot for Block 8A and is proposing new easements on TMPs 46-18 and 46-18A.
[14-302 (A)(3)] Please update the Salamander Street and Archer Avenue ROW labels on Sheet V2-V8. The
DB number is incorrect, it should be DB 5274, page 376.
4. [14-302 (A)(4)] Please list the recorded instrument number for deed of dedication for the Polo Grounds
Road 30' buffer in the easement label on all applicable Sheets. This DOD was recorded in DB 5121, pg.
689.
5. [14-302 (A)(15)] Per Note 13 on Sheet V1, HOA covenants have been recorded in DB 5259, page 669.
However, County staff had not reviewed/approved this master declaration of HOA covenants. Staff have
previously informed the developer that an overall set of HOA covenants needs to be reviewed and approved
by the County that complies with all requirements in the County Zoning and Subdivision Ordinances, the
ZMA201500007 Code of Development (COD), and the proffers of ZMA201800011.
a. The covenants must address ownership and maintenance of private greenspace and amenity areas
(Section 2.4 of the COD), architectural standards (Section 3 of the COD), landscaping standards
(Section 3.2 of the COD), and streetscape treatments (Section 3.3 of the COD).
b. Covenants must address ownership and maintenance of features within private easements.
c. Covenants must address ownership and maintenance of private recreational areas and facilities.
d. Please provide section numbers from the recorded covenants that cover these specific items. If
the recorded covenants do not address any of the items specified in these comments, they may
need to be revised or an addendum added.
6. [14-302 (A)(16)] Please show the limits of the State Dam Break Inundation Zone on all sheets were
applicable and state the source used to determine the limits of the DBIZ.
7. [14-302 (A)(11) and 14-302 (13)(6)] Please be aware that SUB201900123 is creating the manor house lot,
which is currently a portion of the parcel known as TMP 46-18. SUB202000038 is a boundary line
adjustment plat (BLA) that is adjusting acreage from TMP 46-18 to TMP 46-18A. Please provide
evidence (DB/PG) if those plats have been recorded.
a. Please be aware that the Albemarle County Real Estate office may assign new TMP numbers
for the manor house lot (SUB201900123) and the residue of TMP 46-18 once the plat is
recorded. The new TMPs may need to updated on this plat prior to approval.
b. Assuming both SUB201900123 and SUB202000038 are approved and recorded prior to
approval of this plat, all sheets should be revised to show the new property lines, acreages,
parcel numbers, and recorded instrument DB and page numbers in labels across all applicable
sheets.
8. [14-302 (13)(1)] Please add a date of last revision to each sheet.
9. [14-302 (13)(5)] Please revise note 6 on Sheet V1 so that it states which overlay districts apply specifically
to the residue of TMP 46-18 ("Parcel A"), 46-18A, and the new open space parcel. Staff asks the applicant
to verify this information, but according to Albemarle County GIS, each parcel will contain the following:
a. Portions of the new open space parcel will be in the Managed and Preserved Steep Slopes, and it
will be in the EC Entrance Corridor and AIA Airport Impact Area Overlay Districts.
b. Portions of the residue of TMP 46-18 appear to contain Managed Steep Slopes, and are in the EC
Entrance Corridor and AIA Airport Impact Area Overlay districts.
c. Portions of TMP 46-18A appears to be in both the Managed and Preserved Steep Slopes, FH
Flood Hazard Overlay, EC Entrance Corridor, and AIA Airport Impact Area Overlay Districts.
10. [14-302 (13)(8)] Remove the building heights note on Sheet V1.
11. [14-303 (A)] The Statement of Consent to Division for TMPs 46-18 and 46-18A should clearly state the
types of new easements proposed. Please make it clear that TMP 46-18A is not being subdivided, just new
easements platted.
12. [14-303 (D)] Per the label on Sheet V2, Parcel X is 0.145 acres that re being dedicated to public use.
However, the Area Summary on Sheet V 1 states that 0.150 acres is being dedicated. Per plat recorded in
DB 5121, pages 644-676, 0.150 acres was reserved for dedication to public use. Please verify the acreage
being dedicated, and either revise the Area Summary or the labels as necessary.
13. [General Comment] New easements that will be public will require deeds for review and approval. See
Engineering comments for more information and deed of easement templates.
Please contact Cameron Langille in the Planning Division by using blan ille =,albemarle.org or 434-296-5832
ext.3432 for further information.
Comments from Other Reviewers:
Albemarle County Engineering Services (Engineer) — Emily Cox, ecoxgalbemarle.org — Requested
changes, see attached.
Albemarle County Service Authority (ACSA) — Richard Nelson, rnelsongserviceauthorit�org — ACSA
review still underway. Comments or approvals will be forwarded to the applicant upon receipt.
County of Albemarle
Department of Community Development
Memorandum
To: Cameron Langille
From: Emily Cox
Date: 07 April 2020
Subject: Brookhill Block 8B Subdivision and Easement Plat (SUB202000043)
The above referenced plat has been reviewed by Engineering. The following comments will need to be
addressed before approval:
1. Public storm drain easements and SWM facility easements need associated deeds.
2. [Sheet V2] Note states that SWM facility easement will be vacated upon relocation.
Please note that this will need another plat to officially vacate the easement once the
facility is moved.
3. [Cover sheet] Note 4 states that there is a flood hazard zone shown on parcel 46-18A on
Sheet V2, however, it is not evident on Sheet V2. Please clarify.
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number(s)
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk's fees under Virginia Code
§ 17.1-266.
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT, dated this day of ,
is by and between
Grantor, and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of that certain real property located in Albemarle County,
Virginia, more particularly described as follows:
That certain real property shown and designated as "
" (hereinafter, the "Easement"), shown
on the plat of , dated , last
revised , entitled , (hereinafter, the
"Plat"), a copy of which is attached hereto and recorded herewith. Reference is made to
the Plat for a more particular description of the easement conveyed herein.
WHEREAS, the Easement is described further as a portion of that certain lot or parcel of
land situated in the
designated as
plat by
Magisterial District of the County of Albemarle, Virginia,
dated
(hereinafter, the "Property") on a
and recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page
also being the same property conveyed to the Grantor herein by deed of [enter name of
person], recorded in said Clerk's Office in Deed Book , page ; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the
Easement for public use in accordance with this Deed of Dedication and Easement; and
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights,
title and interest in all ditches, pipes and other improvements and appurtenances within the
Easement established for the purpose of conveying stormwater (hereinafter collectively referred
to as the "Improvements," whether referring to existing Improvements or those to be established
in the future by the Grantee), excluding building connection lines.
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash
in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its
successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to
herein as the Easement.
FURTHER, pursuant to the consideration described herein, the Grantor does hereby
GRANT, CONVEY, and DEDICATE to public use the Improvements.
The Easement shall be subject to the following:
1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the
Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain,
repair, change, alter, and replace present or future Improvements (hereinafter referred to as
"inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting
storm water and transmitting it through and across the Subdivision, protecting property from
flooding, protecting water quality, and otherwise controlling stormwater runoff.
2. Ownership of the Improvements. All Improvements within the Easement, whether they
were installed by the Grantee or any predecessor in interest, shall be and remain the property of
the Grantee.
3. Right of ingress and egress. The Grantee shall have the right and easement of ingress
and egress over any lands of the Grantor adjacent to the Easement between any public or private
roads and the Easement, to inspect, maintain and operate the Improvements.
4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the
Easement to inspect, maintain and operate the Improvements.
5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have
the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove
fences, structures or other obstructions, and take other similar action reasonably necessary to
provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its
own expense, shall restore as nearly as possible, the premises to their original condition. This
restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the
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re -seeding or re -sodding of lawns or pasture areas, and the repair or replacement of structures
and other facilities located outside of the Easement that were damaged or destroyed by the
Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or
other facilities located within the Easement, but be required only to repair or replace
groundcover within the Easement that was disturbed, damaged or removed as a result of
installing or maintaining any of the Improvements. In addition, the Grantee shall remove from
the Easement all trash and other debris resulting from the installation, maintenance or operation
of an Improvement, and shall restore the surface thereof to its original condition as nearly as
reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or
replace anything identified in this section if to do so would be inconsistent with the proper
maintenance or operation of the Improvements. In addition, neither the Grantee nor any other
public agency, including the Virginia Department of Transportation, shall be responsible for
conducting routine maintenance as described in Section 6 except as expressly provided in this
section.
6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to
perform routine maintenance of the Easement premises, including the removal of trash and
landscaping debris, mowing and manicuring lawns and groundcover, and making any other
aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein
conveyed, and which do not adversely affect the proper operation of any Improvement. The right
to maintain the Easement premises does not include the right to maintain the Improvements.
7. Temporary construction easement. The Grantee shall have a temporary construction
easement on and across the Property in order to construct, install, maintain, repair, change, alter,
or replace an Improvement. This temporary construction easement shall expire upon completion
of the work.
8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement.
Neither the Grantor nor any person acting under the Grantor's express or implied consent shall
modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within
the Easement or any Improvement located within the Easement; and such persons shall not
construct or maintain any roadway, or erect any building, fence, retaining wall or other structure
within the Easement.
9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
10. Binding effect. The Easement and the rights and obligations established herein shall run
with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their
successors and assigns. All references herein to the "Grantor" and the "Grantee" include their
respective successors and assigns. All references to the "Grantee," when exercising any right or
obligation herein, includes the Grantee's officers, employees and agents.
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts this
conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's
signature hereto and the recordation of this Deed.
WITNESS the following signatures.
SIGNATURES BEGIN ON THE FOLLOWING PAGE
.19
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
[OWNER]
The foregoing instrument was acknowledged before me this day of ,
by , Grantor.
Notary Public
My Commission Expires:
Registration number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
5
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
COUNTY OF ALBEMARLE, VIRGINIA
By:
Jeffrey B. Richardson
County Executive
The foregoing instrument was acknowledged before me this day of
by Jeffrey B. Richardson, County Executive, on behalf of the County of
Albemarle, Virginia, Grantee.
My Commission Expires:
Registration number:
Approved as to form:
County Attorney Date
Notary Public
2
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number(s): (enter 14-di itg TMP]
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Court Clerk's fees under
Virginia Code § 17.1-266.
DEED OF DEDICATION AND EASEMENT
THIS DEED OF EASEMENT, dated this day of , is by and
between
Grantor, and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee.
WITNESS:
WHEREAS, the Grantor is the owner of that certain real property located in Albemarle
County, Virginia, more particularly described as follows:
That certain real property shown and designated as "
" (collectively hereinafter, the
"Easement") on the plat of , dated
last revised , entitled
(hereinafter, the "Plat") a copy of which is attached hereto and recorded herewith.
Reference is made to the Plat for a more particular description of the easement conveyed
herein.
WHEREAS, the Easement is described further as a portion of that certain lot or parcel of
land situated in the
designated as
Magisterial District of the County of Albemarle, Virginia,
(hereinafter, the "Property") on a plat by
dated and recorded in the Clerk's Office of
the Circuit Court of Albemarle County, Virginia in Deed Book , page , also being the
same property conveyed to the Grantor herein by deed of
recorded in said Clerk's Office in Deed Book , page ; and
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities
and Other Techniques" (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's
Version: 05/23/19
Office in Deed Book , page , in which the Grantor has agreed to construct and maintain
on -site stormwater management/BMP facilities; and
WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permission
to the County, including its authorized agents and employees, to enter upon the Property and to
inspect the stormwater management/BMP facilities whenever the County deems necessary; and
WHEREAS, the Maintenance Agreement also provides in part that, if the Grantor, its
successors and/or assigns fails to maintain the stormwater management/BMP facilities in good
condition acceptable to the County, the County may enter the Property and take whatever steps
necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies.
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey an
Easement for public use in accordance with this Deed of Dedication and Easement.
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash
in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its
successors and assigns, the perpetual easement(s) as shown on the Plat.
The Easement shall be subject to the following:
1. Right of ingress and egress. The Grantee and its authorized agents and employees shall
have the right and easement of ingress and egress over the Property to perform all acts that the
parties have agreed it may perform under the Maintenance Agreement.
2. Ownership of the facilities. The stormwater management/BMP facilities required to be
constructed and maintained by the Grantor under the Maintenance Agreement shall be and
remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed
to be an assumption of ownership or control by the Grantee over the stormwater management/
BMP facilities subject to the Maintenance Agreement.
3. No obligation on Grantee to inspect or maintain. This Deed of Dedication and Easement
shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain
the stormwater management/BMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign. The Grantee may assign this Easement as its interests may
require.
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Version: 05/23/19
5. Bindinge. The Easement and the rights and obligations established herein run with
the land in perpetuity, and are binding upon the Grantor, the Grantee, and their successors and
assigns. All references herein to the "Grantor" and the "Grantee" include their respective
successors and assigns. All references to the "Grantee," when exercising any right or obligation
herein, include the Grantee's officers, employees and agents.
6. Termination of Easement. If the Grantor, or its successors or assigns, desires to alter or
vacate a portion or all of the Easement(s), the Easement(s) may be adjusted accordingly if the
County Engineer has certified in writing that the proposed modifications meet the requirements
of 9VAC25-870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be
amended in the future. In addition to meeting these requirements, the Grantor shall mitigate for
any loss of nutrient credit reductions provided in the stormwater calculations for the Property
described in the Maintenance Agreement as a result of such alteration or vacation. Upon
termination of any portion of the Easement, any residue of the Easement shall remain subject to
this Deed of Dedication and Easement. The termination of any portion of the Easement shall be
recorded, at the sole expense of the Grantor, in the Circuit Court of Albemarle County upon
approval of the Albemarle County Attorney.
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the
conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed.
Version: 05/23/19
WITNESS the following signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
by , Grantor.
Notary Public
My Commission Expires:
Registration number:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
4
Version: 05/23/19
GRANTEE:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
COUNTY OF ALBEMARLE, VIRGINIA
Jeffrey B. Richardson
County Executive
The foregoing instrument was acknowledged before me this day of ,
by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle,
Virginia, Grantee.
My Commission Expires:
Registration number:
Approved as to Form:
County Attorney Date
Notary Public
5
Version: 05/23/19