HomeMy WebLinkAboutSUB202100035 Action Letter 2021-03-04or ALg Christopher Perez
County of Albemarle Senior Planner
coerez@albemazle.org
_ Community Development Department 434-296-5841 ext. 3444
Memorandum
To: Bethany Velasquez of Roudabush & Jeremy Swink of Stanley Martin Companies, LLC
From: Christopher Perez, Senior Planner
Division: Planning
Date: March 3, 2021
Updated: March 4, 2021
Subject: SUB202100035 Pleasant Green Phase IIA - Final Plat
Because the above -referenced final plat omits information required by Albemarle County Code Sections 14-303 through 14-318,
the plat is incomplete and is not accepted for official submittal, pursuant to Section 14-226. Below are the corrections or
modifications that will be required to permit acceptance of the plat. Within fifteen (15) days after the date of this letter, the
subdivider may resubmit the final plat together with payment of the fee for the reinstatement of review. The date of the next
application deadline after the resubmittel of the plat shall be deemed to be the date upon which the plat was officially submitted. In
the event the subdivider fails to resubmit the plat within the fifteen (15) day period, the plat shall be deemed to be disapproved and
a new application and fee shall be required for submittal of the plat as provided by Section 14-226(E).
1. 114-302(A)(16), 14-307.1] Dam break inundation zones. Depict and label the limits of the dam break
inundation zone.
Though the property is in a Dam Break Inundation Zone (DBIZ), the preliminary plat had indicated that it
was not. When discovered, Planning staff sent the plat to Mark Killgore and Justin Deel of the Department of
Conservation and Recreation (DCR). Pursuant to Virginia Code § 10.1-606.3, DCR has determined that
Phase 2 will change the spillway design flood standards of the impounding structure. The County cannot
approve this application until (a) the limits of the dam break inundation zone are depicted and labeled, and
(b) the requirements of Virginia Code § 15.2-2243.1 are met. See the attached letter from Megan Nedostup
to the applicant dated February 10, 2021 regarding the DBIZ.
2. 114-302(B)(5)] Zoning classification. Label the special use permits related to this development. SP2019-2
and SP1990-103. Please review the conditional approval letters of each SP. When the final plat is
resubmitted it will be reviewed against these conditions as well.
3. 114-302(A)(9)] Building sites on proposed lots. On the plat depict and label the buildable area of each lot.
4. 114-303(G)] Ownership of common areas. Label the intended ownership of all common areas.
5. 114-303(Q)] Water supply. Provide a statement as to whether the subdivision will be served by a public water
supply and a public sewer system: "Under current county policy, public water and/or sewer service will be
available to this property. "
6. 114-303(S)] Control points. Provide at least four (4) control points, evenly distributed across the property
and located at survey property comers, and shown on each sheet depicting the property. At the option of the
subdivider, the control points may be shown on a copy of the final plat, rather than on the original final plat.
7. 114-302(A)(5)] Public easements. Depict the location and dimensions of all existing and proposed public
easements outside of a street right-of-way. Existing easements shall be labeled with the deed book and page
number and the name of the public owner of record. Proposed easements shall be labeled as "dedicated to
public use. " The variable width Greenway easement is being platted on a separate plat provide the
recordation information on the plat.
8. 114-3121 Location of existing buildings. The subdivider shall submit with the final plat a survey showing the
location of all existing buildings on the land to be subdivided within fifty (50) feet of a proposed lot line or a
proposed street.
In addition, though the following items will not render the initial submittal incomplete for purposes of section 14-
226, the following items (and all other requirements of Sections 14-303 through 14-318) must be satisfied prior
to final plat approval:
9. 114-3181 Dam break inundation zones; engineering study and mapping information. Because the proposed
subdivision is within a dam break inundation zone, the subdivider must submit with the final plat the
following engineering study and mapping information:
A. Engineering study. If the Virginia Department of Conservation and Recreation determines that a plan of
development proposed by a subdivider would change the spillway design flood standards of an impounding
structure pursuant to Virginia Code § 10.1-606.3, the subdivider shall submit an engineering study in
conformance with the Virginia Soil and Water Conservation Board's standards under the Virginia Dam
Safety Act in Virginia Code § 10.1-604 et seq. and the Virginia Impounding Structure regulations in 4 VAC
50-20. The engineering study shall be reviewed and acted upon by the Virginia Department of Conservation
and Recreation as provided in Virginia Code § 15.2-2243.1.
B. Mapping information. The subdivider shall provide the dam owner, the county, and any other affected
localities with information necessary for the dam owner to update the dam break inundation zone map to
reflect any new development within the dam break inundation zone following completion of the
development.
10. 114-3161 Approval of entrance onto public streets. The subdivider shall submit, prior to or with the final plat,
evidence satisfactory to the agent that the entrance of the principal means of access for each lot onto any
existing or proposed public street complies with Virginia Department of Transportation standards.
11. 114-3171 Instrument evidencing maintenance of certain improvements. The subdivider shall submit with the
final plat an instrument assuring the perpetual maintenance of the improvements (open space, storrnwater
management easement, and the alley).
Please contact Christopher Perez in the Planning Division by using coerez(a),albemarle.orz or 434-296-5832 ext. 3443 for
further information.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
February 9, 2021
Updated: February 10, 2021*
Jeremy Swink
Vice President, Land — Charlottesville and Richmond Divisions
Stanley Martin Homes
404 People Place #303 Charlottesville, VA 22911
RE: Pleasant Green Phase 2 Plans of Development
Mr. Swink,
Pursuant to Virginia State Code § 10.1-606.3, the Department of Conservation and Recreation (DCR) has
made the determination that Phase 2 will change the spillway design flood standards of the impounding
structure, see attached email correspondence.
Pursuant to the same section of the Virginia State Code, "If the Department determines that the plan of
development would change the spillway design flood standards of the impounding structure, the locality
shall not permit development as defined in §15.2-2201 or redevelopment in the dam break inundation
zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter
the spillway design flood standard required of the impounding structure or he contributes payment to the
necessary upgrades to the affected impounding structure pursuant to § 15.2-2243.1 ...."
Therefore, the County cannot approve the following applications until this matter is resolved in
accordance with Virginia State Code § 15.2-2243.1.
1. WP0202000053 Pleasant Green Phase II —VSMP
2. SUB202000226 Pleasant Green Phase II — Road Plans
3. SUB201900058 Pleasant Green Connector Road Plan
4. WP0201900027 Pleasant Green Connector Road- VSMP*
Optional alternatives:
Request that DCR reconsider its determination — DCR would need to determine not whether existing
development has changed the spillway design flood standards of the impounding structure, but
whether the pending plan of development would change the spillway design flood standards of the
impounding structure (Virginia Code § 15.2-2243.1(A)).
Pagel of 2
Alter the plan of development so that it does not alter the spillway design flood standard required of
the impounding structure (Virginia Code § 10.1-606.3(A)) — DCR would again make any determination
of any altered plan(s) of development.
Required procedures if/when the above alternatives are exhausted:
1. Submit an engineering study to DCR to provide a contract -ready cost estimate for conducting the
upgrades to the impounding structure (Virginia Code § 15.2-2243.1(A)).
2. Contribute 50 percent of the contract -ready costs for necessary upgrades to the impounding structure
attributable to the development, together with administrative fees (Virginia Code § 15.2-2243.1(B)) --
Those amounts would be payable to Dam Safety, Flood Prevention and Protection Assistance Fund
held by the Virginia Resources Authority (County Code § 14-441(A) and § 18-32.8.6(a)).
Please note that the Virginia State Code outlines the order in which the study and payment occur. The
code states the following: "Following the completion of the engineering studies in accordance with
subsection A, and prior to any development within the dam break inundation zone, a locality shall require
that a developer or subdivider of land pay 50 percent of the contract -ready costs for necessary upgrades
to an impounding structure attributable to the development or subdivision, together with administrative
fees not to exceed one percent of the total amount of payment required or $1,000, whichever is less."
Respectfully,
Megan Nedostup
Development Process Manager— Planning Services Division
Albemarle County Community Development Department
mnedostup@albemarle.org
(434)-296-5832 x 3004
CC: Mr. Scott Collins — Collins Engineering (c/o scott@collins-engineering.com )
Page 2 of 2
FW: Pleasant Green 2 - Mint Springs Dam
Megan Nedostup <mnedostup@albemarle.org>
Thu 2/4/2021 5:00 PM
To: Jeremy W. Swink <SwinkJW@stanleymartin.com>; Scott Collins <scott@collins-engineering.com>
Cc: Frank Pohl <fpohl@albemarle.org>; Charles Rapp <rappc@albemarle.org>; Amelia McCulley <AMCCULLE@albemarle.org>;
Andy Herrick <aherrick@albemarle.org>
Good Afternoon,
See the email chain below for the determination by DCR pursuant to State Code § 10.1-606.3 on Phase 2
of Pleasant Green. Under that same section, once DCR makes that determination, the County cannot
permit development in the DBIZ unless certain conditions are met. That section also outlines options for
the developer going forward. Here is the relevant excerpt:
If the Department determines that the plan of development would change the spillway design
flood standards of the impounding structure, the locality shall not permit development as
defined in § 15.2-2201 or redevelopment in the dam break inundation zone unless the
developer or subdivider agrees to alter the plan of development so that it does not alter the
spillway design flood standard required of the impounding structure or he contributes
payment to the necessary upgrades to the affected impounding structure pursuant to § 152-
2243.1.
Best,
Megan Nedostup, AICP
(pronounced nuh-DAHST-up)
Development Process/Project Manager
She, her, hers
Albemarle County
mnedostup@albemarle.org
434-296-5832 x3004
401 McIntire Road, Charlottesville, VA 22902
From: Howard -cooper, Wendy <wendy.howard-cooper@dcr.virginia.gov>
Sent: Wednesday, February 3, 2021 12:59 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: Deel, Justin <justin.deel@dcr.virginia.gov>; Frank Pohl <fpohl@albemarle.org>; Megan Nedostup
<mnedostup@albemarle.org>; Greg Harper <gharper@albemarle.org>
Subject: Re: FW: Pleasant Green 2 - Mint Springs Dam
CAUTION: This message originated outside the County of Albemarle email system. DO NOT
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Andy,
That is correct. This development plan would change spillway design flood standards for this
impounding structure.
Wendy C. Howard Cooper
Director, Dam Safety and Floodplain Management
State NFIP Coordinator
Department of Conservation and Recreation
600 East Main Street, 24th Floor
Richmond, Virginia 23219
Office (804) 786-5099
Cell (804) 298-4288
Fax (804) 371-2630
"As a human being, I am committed to the promotion of what I call basic human values, by which I
mean especially compassion. Nurturing the compassionate seed within us and acting out of this
innate capacity are the keys to fulfilling our basic aspiration to happiness." Dalai Lama
"Distance means so little, when life means so much." — Amit Kalantri, Wealth of Words
On Wed, Feb 3, 2021 at 12:09 PM Andy Herrick <aherrick@albemarle.org,> wrote:
Ms. Howard -Cooper,
Thanks for your response. So then, in the language of Virginia Code § 10.1-606.3, is it
DCR's deternunation that the plan of development would change the spillway design flood standards of
the impounding structure?
Andy Herrick
Deputy County Attorney
Albemarle County
aherrick@albennarle.org
434-972-4067
401 McIntire Road, Suite 325, Charlottesville, VA 22902
Notice: This message is for the intended recipient only. It likely is protected by the attorneyrchent privilege. If you have received this message in error,
please call (434) 9724A167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a
client, you should maintam this email's contents m confidence to preserve its protected status. Tbank you.
On Wed, Feb 3, 2021 at 9:46 AM Howard -cooper, Wendy <wendy.howard-cooper(o)dcr.virginia.gov>
wrote:
All,
Based on the existing DBIZ, existing conditions identifiable through GIS, and proposed
development, DCR has consistently stated this dam, currently rated as significant hazard, would
require spillway upgrades to meet high hazard dam spillway requirements.
As you have indicated, Virginia Code § 15.2-2243.1 states "If the Department of Conservation and
Recreation detcmunes that a plan of development proposed by a developer or subdivider is wholly or
partially within a dam break inundation zone and would change the spillway design flood standards of
an im oonding structure pursuant to § 10.1-606.3, a locality shall require, prior to its final approval of
a subdivision or development, that a developer or subdivider of land submit an engineering study ..."
Absent a new study demonstrating impacts of structures that now exist, the impact of fill on the
existing maps, and the proposed development, DCR cannot make any other determination. DCR
has recommended the locality obtain a new study to assess all risks related to this impounding
structure and to update the required emergency action plan to include all structures in the dam
break inundation zone.
Please let me know if you have additional questions.
Thank you,
Wendy C. Howard Cooper
Director, Dam Safety and Floodplain Management
State NFIP Coordinator
Department of Conservation and Recreation
600 East Main Street, 24th Floor
Richmond, Virginia 23219
Office (804) 786-5099
Cell (804) 298-4288
Fax (804) 371-2630
"As a human being, I am committed to the promotion of what I call basic human values, by which
I mean especially compassion. Nurturing the compassionate seed within us and acting out of this
innate capacity are the keys to fulfilling our basic aspiration to happiness." Dalai Lama
"Distance means so little, when life means so much." — Amit Kalantri, Wealth of Words