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HomeMy WebLinkAboutSUB201900160 Review Comments Easement Plat 2020-08-12County of Albemarle Department of Community Development Memorandum To: Bethany Velasquez (bethanv c(D.roudabush.com) From: Paty Saternye- Senior Planner Division: Planning Services Date: November 7. 2019 Rev. 1: August 12, 2020 Subject: SUB-2019-160 Hansen Road Church — Easement 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.] [ZMA 2018-2 Proffer #1] See zoning comments about the location of the trail and the trail easement. Please note that the proffer states: • that the "Owner shall dedicate a non-exclusive easement on and across the pedestrian path for public use." and that • "The property owner shall maintain the path improvements...." Based upon the zoning comment, and the wording of the proffer, the order for approvals will be as follows: a) The LOR is approved showing the proposed trail improvements but not easement. Rev. 1: Comment not vet fully addressed. LOR has been submitted and is under review. b) The trail is built to meet all of the requirements specified in the proffer. Rev. 1: Comment addressed. Applicant has stated the trail has been built to the requirements in the proffer. This will be evaluated prior to the certificate of occupancy. c) The trail is surveyed, and its exact location and width is determined and verified. Rev. 1: Comment not vet fully addressed. The easement location does not correspond with the trail location on the most recent submission of the LOR. As previously commented by Zoning, the trail must be built, and surveyed, and the easement be located over top of the "as built" location of the trail and be 6' in width. See "Rev. V' for comment #5 below for how to address this issue. d) The easement plat is revised to show the exact location of the 6' easement over the as built location of the trail. A maintenance agreement is drafted and approved with the owner of the parcel maintaining the trail. The easement plat is approved and then both the plat and the maintenance agreement are recorded. Rev. 1: Comment not vet fully addressed. The easement shown on the plat has a section that is wider than 6' in width and does not appear to be in the "as built" location of the 6' wide trail as previously specified by Zoning. Because of the wording of the proffer the easement cannot be wider than 6' and must be exactly where the trail was built. See "Rev. V' for comment #5 below for how to address this issue. e) The CO for the building can be issued. Rev. 1: Comment still valid. 4. [14-303 (1)] Bearing and distance ties. Provide bearing and distance ties for the proposed easement to existing monuments. Rev. 1: Comment not vet fully addressed. Revise the ties once the easement is revised to be in the trail's "as built" location. 5. [14-302 (A)(4), (5) & ZMA2019-2 Proffer #1] Private easements; Public Easements. Submit the draft legal document that creates the easement. Because of eh wording of the proffer this cannot be done through the exiting agreement for the Rolkin Road ingress/egress easement. See zoning comments. This deed of easement document must be reviewed by the County Attorney's office, approved, a signed & notarized copy submitted to the planning reviewer, and recorded with the easement plat. Rev. 1: Comment not vet fully addressed. Address the following: a) Revise the plat as follows: i. Add a new note on the plat that states "The pedestrian path easement is hereby dedicated for public use." ii. Revise the easement to be 6' wide and directly on top of the "as built" location of the existing trail. iii. Revise the label for the trail shown on the easement plat to state, "6' PEDESTRIAN PATH EASEMENT HEREBY DEDICATED FOR PUBLIC USE (SHADED)". i. Revise note #2 to be correct. Note #2 states "This plat has been prepared based on record information. No field survey was performed." In order to meet the requirements of the proffer the pedestrian trail must be surveyed, and the plat of this easement must be based upon that survey. Therefore, note #2 will not be correct once the plat is revised to meet the proffer. iv. Add another revision date once changes have been made. b) Revise the legal document as follows: i. Revise all locations in the legal document that state "New Variable Width Ingress/Egress easement (Shaded)" to instead state 116, PEDESTRIAN PATH EASEMENT HEREBY DEDICATED FOR PUBLIC USE (SHADED)". There appear to be at least three of these in the document. ii. Remove section 5 (Public Use Restrictions) from the legal document. iii. Once the plat revisions are complete, ensure that the updated plat is the one used as "Exhibit A" and that the most recent revision date (after the edits specified in these comments have been accomplished). iv. Once the plat revisions are complete, ensure that the most recent revision date for the plat is included in the description of the plat. V. Change the month in the first paragraph to be a blank line so that the month can be manually written in when the legal document is signed. [COMMENT] This easement must be created exactly on the location of the 6' as built location of the trail and therefore cannot be approved prior to the trail improvements being accomplished. See zoning comments and comment #1 above for order of approval. Rev. 1: Comment not vet fully addressed. See and address the comments above. 8. [14-302 (113)(1)] General information. Ensure with the next submission that the revision date on the plat is updated. Rev. 1: Comment not vet fully addressed. Ensure with the next submission that the revision date on the plat is updated. 9. [COMMENT] See the attach comment from other reviewers. Rev. 1: Comment not vet fully addressed. Comments from both the County Attorney's office and Zoning have been integrated into the comments above. Please contact Paty Saternye at the Department of Community Development 296-5832 ext. 3250 for further information. CC: Point Church,1428 Greenbrier Place, Charlottesville, VA 22901