HomeMy WebLinkAboutSUB201600194 Review Comments Final Plat 2017-11-17 (2)County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To:
Rev. 2: Steve Krohn (skrohn(a-resortscompanies.com)
From: Paty Saternye, Senior Planner
Division: Planning
Date: December 12, 2016
Rev. 1: June 5, 2017
Rev. 2: November 17, 2017
Subject: SUB 201600194 Belvedere — Special Lot
Fax 434-972-4126
The County of Albemarle Planning Division will approve the plat referenced above once the following comments
have been satisfactorily addressed (The following comments are those that have been identified at this time.
Additional comments or conditions may be added or eliminated based on further review.): [Each comment is
preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise
specified.]
[Proffer 3.2, 14-302 (A)(14) & 14-426] Greenway proffer. Proffer 3.2 states that "The greenway will be
conveyed in the form of a general warranty deed...". The submitted plat, although submitted as a "special
lot" is titled as an easement and the labels on the proposed greenway state "New Greenway trail easement",
which is very confusing. The reference to a "general warranty deed" in the proffer is referring to a "fee
simple" dedication and not an "easement". Change the plat, in title and in labels, to be for a fee simple
dedication, and not an easement, to the County for public use.
Rev. 1: Comment not fully addressed. The plat has been updated to be for a "fee simple" special
lot. However the deed still has wording and sections that are meant for an easement and not a
fee simple transfer of land. See the County Attorney's Office comment. Use the deed provided by
the County Attorney's Office, modified from a standard template the County provides, that has
been attached and will also be provided in a Word document file for your use.
Rev. 2: Comment addressed.
2. [Proffer 3.2, 14-302 (A)(14) & 14-426] Greenway proffer. Add a note on the coversheet that specifies that
the land is to be dedicated to the County for public use.
Rev. 1: Comment not fully addressed. The note has been provided but should be revised either
to not specify specific sheets of the plat or to include all sheets of the plat that show the proposed
"New Greenway Trail Parcel". Sheet V8 shows the "New Greenway Trail Parcel" but is not
specified in the note and Sheet V2 does not show the proposed parcel.
Rev. 2: Comment addressed.
3. [Proffer 3.2, 14-302 (A)(14) & 14-426] Greenway proffer. Proffer 3.2 specifies the dedication of "... a strip
of land no less than one hundred (100) feet in width...". There are at least three areas in which there is less
than 100' between the edge of the river and the proposed greenway boundary. These can be seen where
the existing 100' Stream Buffer is further away from the river than the proposed greenway boundary. Areas
like this can been seen on Sheet. No. V4 & V5. Ensure that the proposed greenway area has a width of at
least 100' of land for its whole length along the river.
Rev. 1: Comment not fully addressed. On sheet V4 there is still a small portion of the New
Greenway Trail Farcel that appears to be less than 100' wide, based on the "stream buffer" lirle.
Revise the plat to ensure that the New Greenway Trail Parcel has at least 100' width from the
edge of the river.
Rev. 2: Comment addressed.
[Proffer 3.2, 14-302 (A)(14) & 14-426] Land to be dedicated in fee or reserved/green space and amenities
(Table 4). Provide a table that includes all of the information from Table 4 Green Space Tabulation in the
most recent Code of Development (As Revised: July 22, 2014), as the 'Approved with Rezoning', and that
also specifies what has already been provided & platted, what is proposed with this special lot plat, the
difference from the rezoning, and totals for all of Belvedere. Provide the deed book and page number for
the open spaces provide and platted. Refer to SUB201400178 Belvedere Phase IIA-2 Final Subdivision
Plat, Sheet No. V1, for an example. Ensure that, if it is approved prior to this special lot plat, the open space
modifications for the recently requested variations are included in the open space chart for this plat.
Rev. 1: Comment not fully addressed. Address the following:
This table must include all open spaces for Belvedere and no information on provided open
spaces is provided for Block 1 and most of Block 2. Provide all required information on the
open space for Blocks 1 & 2. If they are platted show them as such. If they have not been
platted as a separate parcel but have been shown as open space on an approved final site
plan provide that information as well but specify the difference.
Rev. 2: Comment withdrawn.
• Depending on the timing of approvals the "Proposed with Phase IIB" should either be removed or
integrated into the "Platted" portion of the table.
Rev. 2: Comment not fully addressed. As specified in an email from Scott Collins on
8/25/17 the open space chart was to show open space through Phase IIA. The chart
provided shows the open space through Phase IIB, which is not correct. Also, the
amount of open space being platted with this submission changed, as is shown in the
Area Table on Sheet V1, and therefore has to be updated in the open space chart
provided. The planning reviewer has generated a markup of the chart which will be
attached to these comments. Either modify the chart as shown in the markup or
contact the planning reviewer to discuss any other needed modifications.
Depending on the timing of approvals the "Platted" "Other Green Space" for block 9A or 0.43 acres
may or may not be included in this table. It was not included in SUB2014-178 and it shown as
"Open Space/Conservation Area" and not "Other Green Space" in the C.O.D. It is proposed to be
integrated with variation request #54, but that variation request has not yet been approved.
Rev. 2: Comment withdrawn as long as this plat is approved prior to other approvals for
subdivisions, site plans, and/or variations that could impact the open space areas.
Depending on the timing of approvals the 0.05 AC of "Open Space" in Block 9, next to "Lot 201"
may or may not be included in this table. It is also designated on the ZMA graphics as "Open
Space/Conservation Area" and not "Other Green Space".
Rev. 2: Comment withdrawn as long as this plat is approved prior to other approvals for
subdivisions, site plans, and/or variations that could impact the open space areas.
Discuss the timing of different submittals with the plan reviewer in order to coordinate the submittals
and the timing of when specific items should or should not be included in the open space chart.
Rev. 2: Comment addressed as long as this plat is approved prior to other approvals for
subdivisions, site plans, and/or variations that could impact the open space areas.
• The Green Space tabulation provide is the one that was approved with the rezoning and
through variation #52. There is currently a variation request submitted and under review.
If that variation is approved prior to the approval of this special plat the table provided on
the coversheet will need to be updated to take any newly approved variation into account.
Rev. 2: Comment withdrawn as long as this plat is approved prior to approval of
variations that could impact the open space areas.
5. H4-302(A)(1)1- !Name of subdivision. Revise the name of the plat to specify that it is a special lot and a
boundary line adjustment (BLA) plat. See comments below for reference to the 131.A.
Rev. 1: Comment addressed.
6. [14-302(A)(3)&(6)] Existing or platted streets; Alleys and shred driveways. There is line work for existing
roads and trails that is shown on Sheet No. V5 and no other sheet. Also, at least one of the roads or trail
lines on V5 appears to continue on to the next sheet, V4. However, no roads or trails are shown on any
other sheet except V5. Ensure that all existing and proposed trails and roads are clearly represented and to
their full extent within the subject parcels. The COD states that "Several trail connections will be made
through adjacent stream corridors that will provide access to this Riverfront amenity area." and the ZMA
graphics, exhibit 2C shows a connection to the riverfront trails. Provide information on how these trail
requirement either have already or will be met.
Rev. 1: Comment not fully addressed. The line work has been added to the sheet of the plat and
the legends for the roads and trails. However, only sheet V3 has a label specifying "Hiking Trails".
Add labels to the other sheets where the linework is shown and specify with the labels if they are
trails or roads since the legend uses the single linetype for both.
Rev. 2: Comment addressed.
7. [14-302(A)(4)&(5)] Private Easements; Public Easements. If the existing roads or trails within the subject
parcels have easements provide all required information on those easements.
Rev. 1: Comment addressed.
8. [14.302(A)(4)&(5)] Private Easements; Public Easements. Provide information on, and an explanation of,
the "grading and access easement" shown on Sheet No. V6. This proposed easement is shown within the
existing preservation easement. Provide information which specifies that a grading and access easement
can be added within the preservation easement.
Rev. 1: The creation of a non-contiguous residue, as part of a parcel that it is not attached to, is no
longer allowed. Parcels created with a new plat must meet all lot requirement including among
things road frontage and water and sewer, with the exception special lots and open spaces. See
comments from Zoning (6/2/2017) on this "non-contiguous residue" and the options that are
available for this area since it is part of the Belvedere NMD. Address the comment from zoning
and specify it as open space or dedicate it to the County. Please note that if the area is specified
as open space the area within the "Proffered 100' Reserved RAN", although designated as open
space, should not be counted towards the required "Rivanna River Bottom Land" portion of the
open space calculations.
Rev. 2: Comment addressed. The non-contiquous residue parcel is no longer proposed.
9. [14-302(A)(7), 14-303(C)&(E)] Existing and departing lot lines; Boundary lines, Dimension standards and
information on all lots, streets, alleys, easements, and shared driveways. Address the following comments:
Show existing lot lines and proposed lot lines for the new greenway special lot in a way that
differentiates them.
Rev. 1: Comment Addressed.
Add existing and proposed lot lines to the legend.
Rev. 1: Comment not addressed. Add an entry for the boundary lines to the legends
on the sheets.
Rev. 2: Comment not addressed, but withdrawn.
• It appears that some of the boundary bearing and distance labels are missing for TMP 62-2c
and the proposed greenway lot on Sheets No. V3, V4, & V5. Ensure that all bearing and
distance labels for the lots are provided.
Rev. 1: Comment not fully addressed. Address the following:
o The boundary lines of the Norfolk Southern Railroad RM does not appear to be
correct. It does not match the boundary shown in Deed Book 4571 Page 300. Either
revise the property line, shown on sheets V2, V6, V7 & V8 to be correct or provide
information on changes to the boundary since the previous plat was recorded.
Rev. 2: Comment withdrawn.
o Add bearing and distance lines on the Norfolk Southern Railroad R/W boundary lines.
Rev. 2: Comment not fully addressee, but sufficient. No additional
changes will be required.
o Revise the "Approximate location Proffered 100' Reserved R/W" so that it is accurately
shown 100' off of the railroad right of -way.
o Rev. 2: Comment withdrawn, This comment was not fully addressed
because railroad comment not fully addressed. However, it does not
imgact the greenway plat and therefore this comment is withdrawn.
o Provide the bearing for the 709.72' boundary line, on the south side of the proposed
Greenway Trail Parcel, and provide a bearing and distance for the remaining portion of
that boundary line that will not be part of the proposed Greenway Trail Parcel.
Rev. 2. Comment addressed.
o Provide the distance for the third portion of the 827.04' long boundary of the proposed
Greenway Trail Parcel in the southwest corner of the proposed parcel. There are labels
for the 406.46' and 24.75' portions of that boundary but not the remaining portion.
Rev. 2: Comrnent addresses.
o On Sheet V4, for that same proposed boundary line, there is a note that says "See
Sheet V2 for Boundary Line Call". This must be updated since a sheet was added and
that boundary call is now on Sheet V3.
Rev. 2: Comment addressed.
o Just north of the "See Sheet V2 for Boundary Line Call" note there is a boundary that
does not have any bearing specified and is missing a distance on one of its sections.
Add the required boundary information to this boundary line.
Rev. 2: Comment addressed.
o Near the top of Sheet V4 there is a label that says "See Sheet V4 for Boundary Line
Call". Since a sheet was added to the plat this should state "See Sheet V5 for
Boundary Line Call".
Rev. 2: Comment addressed.
o On Sheet V5 there is a label that says "See Sheet V3 for Boundary Line Call". Since a
sheet was added to the plat this should state "See Sheet V4 for Boundary Line Call".
Rev. 2: Comment addressed.
o On Sheet V6 there is a label that says "See Sheet V4 for Boundary Line Call". Since a
sheet was added to the plat this should state "See Sheet V5 for Boundary Line Call".
Rev. 2: Cor`nment addressed.
o On Sheet V7 there is a label that says "See Sheet V5 for Boundary Line Call". Since a
sheet was added to the plat this should state "See Sheet V6 for Boundary Line Call".
Rev. 2: Comment addressed.
o On Sheet V8 there is a label that says "See Sheet V6 for Boundary Line Call". Since a
sheet was added to the plat this should state "See Sheet V7 for Boundary Line Call".
Rev. 2: Comment addressed.
o Provide a bearing for the proposed Greenway Trail Parcel line along the railroad r/w at
the northern edge of the proposed parcel.
o Rev. 2. Cornment addressed.
• Point "A" specified in note #5 does not appear to be shown on the plat. Show and label Point
"A„
Rev. 1: Comment addressed.
• If the boundary lines within the river, including those between Point "A" and Point "B, are meant
to represent the center of the river then add leader lines from the labels for the center line of the
river to the lines representing the center of the river. The labels are not located close enough to
the lines for this to be obvious.
Rev. 1: Comment addressed.
• REV. 2: MEW COMMENTI On Sheet V3 there is a label that says "See Sheet V3 for
Boundary Line Call". This should state "See Sheet V4 for Boundary Line Call".
10. [14-302(A)(7)) The line work on the coversheet, for both the vicinity map and the existing features of the
larger site, are not legible. Increase is darkness and/or width of lines so that they can be distinguished on
the plat even when copied or scanned.
Rev. 1: Comment not fully addressed. The existing parcel line that divides TMP62A3-1 and
:C-MP 2-2C is not fully shown in the existing features graphics on the cover sheet. Ensure the fell
length of that existing parcel line is shown.
Rev. 2: Cnmrnf -nt w s redundant «rith t!19 beloky, and therefore being, withdrawn.
11. [14-303(C)&(E), 14-303(B)&(F)] Boundary lines; Dimension standards and information on all lots, streets,
alleys, easements, and shared driveways; Section name or number; Identification of sections, blocks and
lots. Provide all required information on residue lots created by the special lot. The creation of the special
lot will result in the creation of two residue lots form TWiiP 62-2C. However, these residue lots are not
labeled, dimensioned, or calculated. They must also be shown to be code compliant or they need to be
combined with another existing lot.
Rev. 1: Comment not fully addressed. There is still one residue lot shown on the plat that is not
contiguous and would not meet all of the requirements of the subdivision and zoning ordinances.
It is also part of the Belvedere NMD and must meet its requirements. See the Zoning comments
and comment # 8 above. Update the coversheet "Area Table" once this is resolved.
Rev. 2: Comment addressed. The non-contiguous residue parcel is no longer 2r9pose4.
12. [ 14-302(A)(9) & 14-4061 Building sites on proposed lots; Remnants. Provide a "Building Sites:" note to
specify that the residue of parcel TMP 62A3-1 contains a building site which complies with the CODE. The
two areas of residue of TiAP 62-2C would not contain a building site. Provide all required information on
residue parcels and ensure all resulting parcels can meet code requirements.
Rev. 1: Comment not fully addressed. The non-contiguous residue of TMP 62A3-1 & 62-2C, at
the furthest north portion of the site and shown on sheets V7 and V8, does not appear to meet the
minimum requirements for a lot. The residue is also zoned NMD and must meet the requirements
of the ZMA and Code of Development. See the zoning comment and comments #8 and 11 above.
Rev. 2: Comment addressed. The non-contiguous residue parcel is no lore_. ecerr proposed.
13. [14-302(A)(15) & 14-314] Identification of all owners and certain interest holders; Identification of all interest
of the County in property. Provide the address of the owner of the two parcels effected by this special lot
plat. Specify the owner of the preservation easement. Specify who will be the owner of the proposed
grading and access easement. Add a note that specifies that the Greenway special lot is to be dedicated to
the County for public use.
Rev. 1: Comment not fully addressed. The address shown on sheet V2 for Bondstone Ventures, LLC is
not the same address as shown on the County's Online GIS property data. Confirm that the address
provided is the current address of Bondstone Ventures, LLC.
Rev. 2: Comment not fully addressed. Ownership has changed for most if not all parcel
associated with this plat. County GIS no longer shows Bondstone Ventures, LLC as the
owner of TMP62-213 and therefore with the amendment to the "Declaration of Aquatic and
Wetland Restrictions", which must be recorded prior to this plat (see County Attorney's
office comments), the information on Sheet V2 will no longer be correct. Either clarify why
Bondstone Ventures, LLC is still correct and address the comment above about the
address of that company or revise the plat to show the correct owners that will be party to
the amendment to the "Declaration of Aquatic and Wetland Restrictions".
14. [14-302(B)(5)] Zoning classification. Revise note 8 to specify that TMP 62-2C is zoned NMD and that TMP
62A3-1 is split zoned as both R4 and NMD.
Rev. 1: Comment addressed.
15. [14-302(13)(6)] Tax Map and Parcel Number. On the coversheet, when specifying the name and addresses
of the owners of the lots, include information on both TMP 62-2C and TMP 62A3-1 since both of these lots
are impacted by this special lot plat.
Rev. 1: Comment addressed.
16. [14-302(B)(8) and COD] Yards. Add a note on the coversheet that specifies the yards for both the R4 and
NMD zoned portion of the two subject lots. For the NMD portion of the note it can refer to Table 9 in
Belvedere's COD.
Rev. 1: Comment not ful':y addressed. Address the following:
• T hero is a variation request submitted that wiil modify the yards/setback for some, of
the Belvedere NMD lots. If this is approved prior to the approval of this plat the yard
iniormation wiii need to oc updated on this piat prior to approval.
Rev. 2: Comment withdrawn as Iona as variations are not approved prior to approval
of this plat.
Add a note with the "Building setbacks for NMD Zoned Areas:" that specifies that the setbacks
shown are those for the C.O.D. through Variation#52.
Rev. 2: Comment addressed.
o There is a type in the "Building Setbacks for R4 Zoned Areas:". The rear setback minimum
should be 20', not 2'.
Rev. 2: Comment addressed.
o Include the maximum setbacks for the front, garage, side, and rear in the "Building Setbacks for
R4 Zoned Areas:".
Rev. 2: Comment addressed.
17. [14•-303'D)] Acreage of lots. Include a calculation for the existing and proposed TMP 62-2C, 62A3-1,
Greenway special lot parcel and any residue parcels.
Rev. 1: Comment not fully addressed. Update the "Area Table:" to address the comments above
about the non-contiguous parcel being designated as open space or dedicated to the County.
Rev. 2: Comment addressed.
18. [COD 4.21 The line work for the Future North Free State Connector Extension Road, which is parallel to the
railroad tracks, is not legible. Increase its darkness and/or width of line so that it can be distinguished on the
plat even when copied or scanned.
Rev. 1: Comment Addressed.
19. [14-302(A)(7)] The line work on the coversheet, for both the vicinity map and the existing features of the
larger site, are not legible. Increase is darkness and/or width of lines so that they can be distinguished on
the plat even when copied or scanned.
Rev. 1: Comment not fully addressed. The existing parcel line that divides TMP62A3-1 and
TMP62-2C is not fully shown in the existing features graphics on the cover sheet. Ensure the full
length of that existing parcel line is shown.
Rev. 2: Comment not fully addressed. The linework for the vicinity map now appears to
show the areas of DEQ's Proposed Enhancement Areas. This linework should not be
include in the vicinity map.
20. [Comment] See zonings comments on the revisions to the declaration of restriction. As stated in an email
on 3/30/16, zoning requested to review the "Amendment to Declaration of Aquatic and Wetlands
Restrictions" before it is recorded.
Rev. 1: Comment not fully addressed. Declaration has been submitted, however the following still
needs to be addressed:
o DEQ has requested changes to the proposed declaration that must be addressed.
o The date specified for the Proffers appears to be incorrect. The date of the proffer
signatures was October 10, 2005, not October 19, 2005. Revise this date in the
declaration or provide information on what the date shown is correct.
o When the declaration is ready for signatures the date specified as the date of the
amendment will need to be updated. April 2017 is no longer correct.
Rev. 2: Comment not addressed. No revision to the "Amendment to Declaration of Aquatic and
Wetlands Restrictions" appears to have been submitted with the other documents in this
submission. Address the following:
o DEQ has requested changes to the proposed declaration that must be addressed.
o The date specified for the Proffers appears to be incorrect. The date of the proffer
signatures was October 10, 2005, not October 19, 2005. Revise this date in the
declaration or provide information on what the date shown is correct.
o When the declaration is ready for signatures the date specified as the date of the
amendment will need to be updated. April 2017 is no longer correct.
o See and address RWSA's comment about the existing conflict with the DEQ
preservation easement.
o See and address the Parks and Recreation comment. The amendment to the
declaration should be modified as needed to address this comment.
o See and address the County Attorney's office's comment.
21. [Comment] A deed of dedication for the greenway area must be submitted to the County for review and
approval. The special lot plat will not be approved until the deed of dedication is approved by the County
Attorney's office and Zoning. The deed of dedication is to be recorded with the plat.
Rev. 1: Comment not fully addressed. Deed of dedication has been submitted. However it is still
includes wording as if an easement was being dedicated and not a fee simple lot being
transferred. See the County Attorney's office's comments. Attached find a new deed that has
been edited by the County Attorney's office. A Word document form of the new deed will be
provided for use.
Rev. 2: Comment not fully addressed. See the County Attorney's office's comments.
22, [Comment] As noted in RWSA comments, show and label the RWSA sewer line showing ownership and
sizes.
Rev. 1: Comment not fully addressed. As discussed with the applicant, RWSA has agreed to
provide the as -built plans so that the information can be added to the plat. Once the as -built is
available it will be forwarded to you. Revise the plat to include the information specified comment.
Rev. 2: Comment addressed. See revised RWSA comments.
23. [Comment] Comments from other reviewers are attached. Engineering had no objection. Comments from
Parks and Recreation, the County Attorney's office, Zoning, RWSA, and ACSA must be addressed before
this Special Plat will be approved.
Rev. 1: Comments from other reviewers are attached. Comments from County Attorney's office, Zoning,
RWSA, and DEQ must be addressed before this Special Plat will be approved. The DEQ comments on the
deed were sent to you directly and have not been attached to this document.
Rev. 2: Comment not fullv addressed. See attached comments. Comments from all reviewers,
including but not limited to the County Attorney's office, Parks & Recreation, Zoning, ACSA and
RWSA must be addressed before this Special Lot Plat will be approved. We are awaiting DEQ
comments but those comments will not be complete since it appears that the "Amendment to
Declaration of Aauatic and Wetlands Restrictions" was not submitted for review with the other
documents in this submission.
24. [NEW COMMENT] Specify on the plat in a note below Table 4 on the cover sheet when, and with what
instrument, the remaining 8.34 acres of "Rivanna River Bottomland" listed in Table 4 of the Code of
Development will be designated and platted as Conservation Area open space.
Rev. 2: Comment was not addressed, bvt staff is withdrawing the comrne.nt.
25. [NW COMMENT] The proposed plat will not be approved until it has been confirmed by DEQ and
the Army Corps that all fines and violations have been resolved/paid. See the County Attorney's
office, Zonings, and Parks and Recreation's comments.
26. [NEW COMMENT] The proposed plat will not be approved until it has been confirmed by DEQ and
the Army Corps that either there are no required plantings within the greenway area or
documentation specifying that Albemarle County will not be liable or responsible for planting, and
the maintenance of the required plantings, has been created and put in place. See the County
Please contact Pat rfi in the Planning Division by using psaternye(a)albemarle.orq or 434-296-5832 ext.
3250 for further i r tion. /