HomeMy WebLinkAboutSUB202000094 Review Comments Final Plat 2020-06-17k'
01Y AL
vit�r�A
County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: Keane Rucker (keanekshimp-en.ing eering com)
From: Cameron Langille, Senior Planner
Division: Planning
Date: June 17, 2020
Subject: SUB202000094 St. Francis Avenue Subdivision - Two -Lot Subdivision
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.]
[14-302 (A)(3)] Please revise the label for the existing 50' private ROW easement on TMP 31-7 and 31-
7B. It should state the recorded plat/instrument that created it: DB 1082 pages 640-645. It should also state
that it is a private street easement, per DB 1082 pages 640-645.
2. [14-302(A)(5)] Please see Engineering comments regarding the SWM forest & Open Space easement.
[14-302 (A)(9)] Revise note 8 so that it states "Lots A and B each contain a building site that complies with
section 4.2.1 of the Albemarle County Zoning Ordinance."
4. [14-302 (A)(10)] Revise note 9 so that it states "Lots A and B are each assigned two (2) development rights
and when further divided these rights shall not comprise more than [number] acres."
[14-302(A)(3)] Remove the words "Sant Francis Avenue" from the new 30' private street easement. The
new private street easement should simply be labeled "C/L New 30' private street easement."
6. [General Comment] Please change the labels for all adjacent properties so that "PID" is stated "TMP."
7. [14-302 (B)(1)] Please add a date of last revision to each sheet.
8. [14-302 (B)(5)] State all Zoning Overlay Districts that apply to TMP 31-7 in a note. TMP 31-7 is within
the AIA Airport Impact Area Overlay District.
9. [14-302 (B)(10)] Add a note stating "The stream buffer(s) shown hereon shall be managed in accordance
with the Albemarle County Water Protection Ordinance."
10. [14-303 (A)] Please change the owner signature box title to "Statement of Consent to Division."
a. Revise the language in the Statement of Consent to Division so that it states "The platting or
dedication of the following described land [insert a correct description of the land subdivided] is
with the free consent and in accordance with the desire of the undersigned owners, proprietors
and trustees, if any."
b. Revise the owner name in the owner signature box. It should state Barry Wood."
11. [14-303 (0)] Revise the County signature box so that it is titled "County Approval." Remove all other
text currently in the box. Under the signature line, change "Albemarle County Official" to "Agent for the
Board of Supervisors."
12. [14-308.1] A Tier 2 groundwater assessment is required since this subdivision proposes to create lots
measuring less than 21 acres as stated in Chapter 17, Section 17-1003 (a) of the County Code. Submit
payment for the applicable fee of $355.00 with the next plat submittal.
13. [14-309, 14-310, and 14-4161 Please provide soils evaluations for subsurface drainfields on all lots in
accordance with Section 14-309. This information must be included with the submittal of the final plat.
Approval from the Health Director for onsite septic and wells is required prior to final plat approval, in
accordance with Section 14-310 and 14-416. A copy of the plat has been submitted to the Virginia
Department of Health (VDH) for review.
14. [14-316] The plat has been transmitted to VDOT for review.
15. [14-317] A maintenance agreement for the proposed private street must be provided by the applicant and
reviewed/approved by the County Attorney prior to final plat approval. The maintenance agreement must
comply with all requirements of Section 14-317. A template for the maintenance agreement is attached to
these review comments. Please complete the applicable sections of the template and submit it with the
revised plat for review by staff.
Please contact Cameron Langille in the Planning Division by using blan ig llegalbemarle.org or 434-296-5832
ext.3432 for further information.
Albemarle County Engineering Services — Matt Wentland, mwentland&albemarle.org — Requested changes,
see attached.
Virginia Department of Health — Josh Kirtley, Joshua.kirtley_kvdh.vir ig nia.gov — Comments or approvals will
be forwarded to the applicant upon receipt.
Virginia Department of Transportation — Adam Moore, adam.moore(avdot.vir-ig nia.gov — Comments or
approvals will be forwarded to the applicant upon receipt.
Review Comments for SUB202000094 Final Plat 1-1
Project Name: ST FRANGIS AVE - 2 LOT DIVISION - FINAL
Date Completed: Wednesday, June 17, 2020 Department/DivisiorVAgency: Review Status:
Reviewer: Matthew Wentland CDD Enaineerina .. Requested Changes
1. The owner's name appears to be incorrect (Woods vs. Wood) in the signature block_
2. The fallowing note will need to be placed on the Plat:
'The SWM Forest and Open Space Easement is subject to the guidance set forth by DEQ in the Virginia Stormwater
Management Program_ The areas will remain undisturbed in a natural, vegetated state, except for activities as approved by the
local program authority, such as forest management; control of invasive species, replanting and revegetating, passive
recreation (e.g., trails), and limited bush hogging to maintain desired vegetative community (but no more than four times a
year).'
3. A Deed of Dedication will need to be signed and recorded for the SWM facility easements and the SWM Forest and Open
Space easements. The attached GAO approved template has been filled out by the Staff.
Page: 1 County of Albemarle Printed On: 06I1712020
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number(s): [03100-00-00-007001
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 BARRY W. WOOD, 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 "NEW VARIABLE WIDTH SWM
FACILITY EASEMENT HEREBY DEDICATED TO THE COUNTY FOR PUBLIC
USE" and "NEW VARIABLE WIDTH DEQ SWM FOREST/OPEN SPACE
EASEMENT 4.005 AC" (collectively hereinafter, the "Easement") on the plat of
Commonwealth Land Surveying, LLC., dated May 4, 2020, last revised ,
entitled "SUBDIVISION PLAT OF PID 03100-00-00-00700," (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 Rio Magisterial District of the County of Albemarle, Virginia, designated as
TMP 31-7 (hereinafter, the "Property") on a plat by Commonwealth Land Surveying, LLC.,
dated June 14, 2017 and recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia in Deed Book 4957, page 75, also being the same property conveyed to the
Grantor herein by deed of general warranty, recorded in said Clerk's Office in Deed Book 4957,
page 75; 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 5205, page 703, in which the Grantor has agreed to construct and maintain
on -site stormwater managementBMP 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 managementBMP 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 managementBMP 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. Rightgress 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 managementBMP 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 managementBMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign. The Grantee may assign this Easement as its interests may
require.
2
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.
3
Version: 05/23/19
WITNESS the following signatures.
GRANTOR:
Barry W. Wood
Landowner
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
by Barry W. Wood, Landowner.
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
Prepared by ATTORNEY OR FIRM
Albemarle County Parcel ID # 00000-00-00-00000
PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
This PRIVATE IMPROVEMENT MAINTENANCE DECLARATION
(hereinafter, the "Declaration") is made this DAY of MONTH, YEAR, by OWNERI and
OWNER2 (hereinafter, the "Declarant(s)"), whose address is ADDRESS.
WHEREAS, the Declarant(s) is/are the owner(s) of a parcel of land known as
Albemarle County Parcel ID PARCEL #; and
WHEREAS, Albemarle County Parcel ID PARCEL # is being subdivided by the
Declarant(s) into Lots # , as shown and described on a plat by SURVEYOR
NAME, dated DATE, a copy of which is attached hereto and incorporated herein by
reference (hereinafter, the "Plat"); and
WHEREAS, the access easement shown on the Plat is to be a new or existing # of
FEET WIDE foot wide non-exclusive ingress and egress easement (hereinafter, the
"Street") for the use and benefit of Lots # (or all lots) shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings
contained herein, the Declarant(s) hereby impose(s) the following obligations upon Lots #
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 approved by the County: (describe the standard that the street will be
constructed to. Example — a "X feet" 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.
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
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 Lots # shall be equally
responsible for the cost of the maintenance of and/or repair to the Street, from
LOCATION X to LOCATION Y. Any further division of Lots # 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.
IN WITNESS WHEREOF, the Declarant(s) has/have caused this Declaration to be
executed on his/her/its/their behalf by his/her/its/their duly authorized agent.
.@ �K '
STATE OF VIRGINIA AT LARGE
CITY/COUNTY OF to -wit:
The foregoing Declaration was
acknowledged before me this day of , 20 , by OWNER.
Notary Public
My commission expires: DATE