HomeMy WebLinkAboutSUB202000130 Review Comments Final Plat 2020-08-04�y OF
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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Fax 434-972-4126
Memorandum
To: Jeff Powell (joowell(i0oudabush.com), Brian Jamison (BJamison@roudabush.com)
From: Cameron Langille, Senior Planner II
Division: Planning
Date: August 4, 2020
Subject: SUB202000130 TMPs 78-20M1 & 78-20M5 Boundary Line Adjustment Plat
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)(5)] Please be aware that two other plats for these parcels are currently under review:
SUB202000089 and SUB202000115. Update easement labels to state the recorded instrument number
for that plat once recorded.
2. [14-302 (A)(5)] Per comments issued by staff for the site plan under review for this development, an
easement granting public access over the western vehicle travel way and sidewalk within the Presidio
development is needed on TMP 78-20M6. This easement must be recorded prior to final site plan
approval. Staff suggests adding the easement to this plat. Please contact Scott Collins with Collins
Engineering, scott@collins-en ing eering com• to coordinate and verify locations of the travel way and
sidewalk so that the easement location is correct.
a. Revise the plat title so that it states that this is a BLA and easement plat for TMP 78-20M1, 78-
20M5, and 78-20M6.
b. Show easement boundaries on Sheets 1 and 2.
c. Name the easement "new permanent access easement" This will not be a public easement
dedicated to the County, but simply an easement over a private sidewalk and travel way
granting public access to use those improvements for bicycle and pedestrian access purposes.
d. State the width and size of the easement in the label/callout.
e. Add a note stating the applicable zoning districts for TMP 78-20M6 on Sheet 2.
f Add the TMP number 78-20M6 to the statement of consent to division on Sheet 1.
g. State the owner address for TMP 78-20M6 to Sheet 2.
h. A declaration of maintenance and easement will need to be provided and recorded with this plat.
An example of a declaration of maintenance and easement for a similar easement on another
project is attached. Please revise the document so that it correctly identifies the new access
easement in Presidio, states the correct Tax Map Parcel numbers, who will maintain the
easement, etc. Portions of the declaration that need to be revised are highlighted in yellow. The
applicant may adjust other sections as they see fit. Once submitted, the County Attorney will
review the declaration.
3. [14-302 (A)(11)] Please be aware that two other plats for these parcels is currently under review:
SUB202000089 and SUB202000115. Please revise instrument numbers in the parcel labels accordingly
to state the correct instrument numbers for TMPs 78-20M5 and 78-20M6.
4. [14-302 (B)(5)] Revise the zoning note on Sheet 2 as follows:
a. Clearly state that TMPs 78-20M5, 78-20M6, and 78-20M1 are subject to the proffers and
Application Plan of ZMA200100015.
5. [14-302 (B)(1)] Please add a date of last revision.
Please contact Cameron Langille in the Planning Division by using blanie lle@albemarle.org or 434-296-5832
ext. 3432 for further information.
Albemarle County Engineering Services — John Anderson, janderson2@albemarle.org— Requested changes,
please see attached.
Albemarle County Parks & Recreation — Tim Padalino, tpadalino@albemarle.org — See recommendation in
the attached letter.
Cameron Langille
From: John Anderson
Sent: Wednesday, July 22, 2020 1:51 PM
To: Jeff Powell
Cc: Cameron Langille
Subject: Planning Application Review for SUB202000130 TMP 78-20M5 & 20M 1 - BLA - DIGITAL
. [ Engineering review comments ]
The Review for the following application has been completed:
Application Number = SUB202000130
Reviewer = John Anderson
Review Status = Requested Changes
Completed Date = 07/22/2020
This email was sent from County View Production.
Jeff,
Thanks for your patience. 1 request for revision; 1 recommendation:
1. (Request for revision) Please revise far NE comer line segment (boundary) label (IMP 78-20M6) to read 323.75'
(Total), since it is a total distance ( 241.86' + 81.89' ).
2. (Recommendation) Please record RGA plat last revised on 7/15/20, then: revise labels, easement linework, bk.-pg. ref.,
etc. established by that Easement plat on this BLA plat.
Note: 7/15/20 plat is nearly recorded. It will be very helpful in the future to have what are now nearly -recorded revised
and vacated easements shown on this BLA. This is a recommendation. Engineering defers to Planning.
Thanks for your patience.
best, J. Anderson
434.296-5832 -0069
Review Comments for SUB202000130 Boundary Line Adjustment
Project Name: TMP 78-20M5 & 20M1 - BLA- DIGITAL
Date Completed: Friday, July 24, 2020 Department/Division/Agency Review Status:
Reviewer Tim Padalino
Parks
See Recommendations
No objection provided that Planning Division comments regarding the new access easement are addressed prior to plat
approval.
Previous ACPR review comments on preceding iterations of this BLA / special lot plat (submitted separately from, and prior to,
this new submission which includes Worrell Land & Development Co.) have been addressed and resolved on this application
SUB202000130.
Thank you for your diligence and collaboration in working to provide reasonable provisions for public access down to the
Rivanna River and Rivanna Greenway.
Page: 1 County of Albemarle Printed On: 08/04/2020
This document was prepared by:
Williams Mullen
321 E. Main Street
Suite 400
Charlottesville, Virginia 22902
Tax Map Parcel Nos.: 061MO-00-14-OOIAO, 061MO-00-14-OO1BO, 061MO-00-14-OO1CO, 061MO-00-14-001DO,
061MO-00-14-002AO, 061MO-00-14-002BO, 061MO-00-14-002CO, 061MO-00-14-002DO, 061MO-00-14-002EO,
061MO-00-14-003AO, 061MO-00-14-003BO, 061MO-00-14-003CO, and 061MO-00-14-003DO
DECLARATION OF MAINTENANCE AND PUBLIC ACCESS
(for Sidewalk and Travel Way)
THIS DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (this
"Declaration") is made as of this day of , 2020, by BERKMAR
CROSSING BUILDING "C" CONDOMINIUM ASSOCIATION, a Virginia non -stock
corporation (the "C Condo Association"), to be indexed as Grantor and Grantee.
WITNESS:
WHEREAS, the C Condo Association is the owner of that certain real property
(hereinafter the "Property"), located in Albemarle County, Virginia, more particularly described
as follows:
ALL that certain lot or parcel of land shown as Block A-2 containing 0.5878 acres,
more or less, on that certain plat made by Thomas B. Lincoln Land Surveyor Inc., dated
April 13, 2000, and revised April 18, 2000, entitled "Boundary Plat of Block A-2,
Berkmar Crossing Condominium, Charlottesville Magisterial District, Albemarle
County, Virginia," which plat was recorded in Albemarle County Circuit Court Clerk's
Office in Deed Book 1914, page 695;
BEING the same property created by Declaration of Condominium of Berkmar
Crossing Building "C" Condominium Association dated as of April 28, 2000, and
recorded in the aforementioned Clerk's Office in Deed Book 1914, page 663; and
WHEREAS, the Property is also shown and designated as "Block A-2" on that certain plat
prepared by Lincoln Survey, dated January 29, 2018, entitled "Plat Showing a New Permanent
Access Easement Across a Portion of Block A-2 Berkmar Crossing Located on Berkmar Circle,
Rio District, Albemarle County, Virginia," which such plat is attached hereto and recorded
herewith as Exhibit A (the "Plat"); and
WHEREAS, for the purposes of redeveloping the Property, the C Condo Association,
and/or its assigns, shall construct a new private sidewalk (the "Private Sidewalk") and private
travel way (the "Private Travel Way"); and
WHEREAS, the location of the Private Sidewalk and Private Travel Way is shown and
designated as "New Permanent Access Easement, 607.88 SQ. FT." on the Plat; and
WHEREAS, the C Condo Association desires to grant to the public the right of access
for ingress and egress over the Private Sidewalk and Private Travel Way; and
WHEREAS, the C Condo Association agrees to maintain the Private Sidewalk and
Private Travel Way unless and until it is accepted by the County.
NOW, THEREFORE, for and in consideration of the mutual benefits accruing or to be
accrued to the C Condo Association, its successors and assigns, and to any future owners of the
Property, the C Condo Association hereby declares, establishes, and grants an access easement
for the benefit of the public for ingress and egress over the Private Sidewalk and Private Travel
Way; and
FURTHER, the C Condo Association hereby agrees to maintain the Private Sidewalk
and Private Travel Way as follows:
MINIMUM STANDARD: The Private Sidewalk and Private Travel Way shall be
maintained with minimum standards as are shown on the Plat, and maintained in
perpetuity to substantially the same condition it was in when approved by the
County. The Private Sidewalk and Private Travel Way shall be maintained so that
it is safe and convenient for pedestrians at all times except in severe temporary
weather conditions.
For purposes of this instrument, `maintenance', includes the maintenance of the
Private Sidewalk and Private Travel Way, and all curbs, surface materials, curbs
and gutters, drainage facilities, utilities, dams, and other private sidewalk
improvements, as applicable, and the prompt removal of snow, water, debris, or
any other obstruction so as to keep the Private Sidewalk and Private Travel Way
reasonably open for usage by all pedestrians and bicyclists. The term "to
maintain," or any derivation of that verb, includes the maintenance, replacement,
reconstruction and correction of defects or damage.
2
COST OF MAINTENANCE: The C Condo Association shall be responsible for
the cost of the maintenance of, and/or repair to the Private Sidewalk and Private
Travel Way. Any division of the Property shall require the reassessment of cost to
be equally shared by all owners using the Private Sidewalk and Private Travel
Way. No public agency, including the Virginia Department of Transportation and
the County of Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein.
WHEN TO MAINTAIN: After the initial construction of the Private Sidewalk
and Private Travel Way, any further construction, maintenance or repair shall be
undertaken only with the mutual consent of all owners, provided that in the event
that one of the owners determines that the Private Sidewalk or Private Travel Way
is not safe and convenient for pedestrians and bicyclists at all times except in
severe temporary weather conditions and such owner gives thirty (30) days prior
written notice to all other owners using the Private Sidewalk or Private Travel
Way, such owner may commence or contract for maintenance or repair to bring
the Private Sidewalk or Private Travel Way to the minimum standard and the
charges therefore shall be the responsibility of all owners using the Private
Sidewalk and Private Travel Way.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her/its
proportionate share of the costs of maintenance or repair for which he/she/it is
responsible, as provided hereinabove, any other owner not in default, or the
person or entity performing such maintenance, may after thirty (30) days written
notice to the defaulting parcel owner(s) bring an action of law against each
defaulting parcel owner in a court of competent jurisdiction and/or may record in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia, a Notice of
Lien against all of the said defaulting parcel owners to secure the payment of the
assessment of a parcel failing to pay his/her/its proportional share of maintenance
or repair. The amount due by any delinquent owner shall bear interest at the
maximum judgment rate provided by law from the date of completion of the
maintenance; and the delinquent owner shall be liable to pay all costs of
collection, including reasonable attorney's fees.
FURTHER, each and all of the covenants, obligations, restrictions, conditions and
provisions contained in this Declaration (whether affirmative or negative in nature) shall be
construed as covenants running with the land intended to be benefited or burdened thereby and
shall bind and inure to the benefit of the C Condo Association, its respective successors and
assigns, and every individual, partnership, association, corporation, limited liability company or
other entity having any interest in the Property at any time.
FURTHER, to the extent that this Declaration establishes public access on the Private
Sidewalk and Private Travel Way, this Declaration is also for the express benefit of the County
of Albemarle, Virginia (the "County") and the Board of Supervisors of the County (the `Board"),
who are hereby third party beneficiaries of this Declaration. The County and the Board shall
have the right and authority to maintain an action to enforce this access easement for the benefit
of the public for ingress and egress over the Private Sidewalk and private Travel Way as
provided in this Declaration as though they were parties hereto.
35960784_1
[SIGNATURE PAGE FOLLOWS]
13
IN WITNESS WHEREOF, the C Condo Association has caused this Declaration to be
executed on its behalf by its duly authorized agent.
BERKMAR CROSSING BUILDING "C"
CONDOMINIUM ASSOCIATION,
a Virginia non -stock corporation
53
Printed Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this day of
2020 by as of Berkmar Crossing Building "C"
Condominium Association, a Virginia non -stock corporation, on behalf of such company.
My commission expires:
Notary Public
Notary Registration No.:
35960784_1
35960784_I.dm
Exhibit A
the Plat
(attached)
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