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Home My WebLink AboutSUB202000229 Review Comments Easement Plat 2021-04-09 (2)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 (434)296-5832 Memorandum To: David Nichols, Roudabush, Gale & Associates (dnichols@roudabush.com) From: Mariah Gleason Division: Community Development — Planning Date: February 10, 2021 Revision 1: April 9, 2021 Subject: SUB202000229 Easement Plat in Association with Foothill Crossing, Phase V — Easement Plat The County of Albemarle Planning Division will recommend approval of the plat referenced above once the following comments, and those provided by other Site Review Committee, SRC, members, 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 to the Albemarle County Code.] [14-302(A)(4)] Easements. a. The landscape easement should be designated "Private". It is presumed that this aspect will be transferred to a homeowner's association in the future. Rev. 1: Comment addressed. b. The "New 8ft Access Easement" should be similarly be designated "Private". It could be noted that this facility is open to public use, if so desired by the applicant. Rev. 1: Comment addressed. c. Please revise the label for the New 20ft Emergency Access Road Easement" to "New 20ft Emergency Access Road and Bicycle & Pedestrian Path Easement", similar to the way the offsite portion of this facility was referred to in DB 5420 PG 586. Rev. 1: Comment addressed. d. Also, the Emergency Access Road and Bicycle & Pedestrian Path Easement should not be dedicated to the County, as provided in Note 9 on the plat. Dedication implies maintenance and the County has no plans, at this point, to maintain this improvement. This facility should instead be labeled as a "Private" facility that is open to public use. Consider using the language "be and remain open to public use". Rev. 1: Comment addressed. 2. [14-302(B)(5)] Overlay districts. This is likely a clerical error but the last paragraph under the Overlay District Notes should not state "Steep Slopes (Managed)", as this property does in fact contain Managed Steep Slopes, but should instead state that the property does not contain "Steep Slopes (Preserved)". Rev. 1: Comment addressed. 3. [14-302(B)(7)] Reservoir watershed. On the Cover Sheet, specify that Lickinghole Creek is a water supply watershed. Rev. 1: Comment addressed. 4. [Comment] Setbacks. Revise Note 8 such that the minimum side setback is "5ft, unless the building shares a common wall". Rev. 1: Comment addressed. 5. [14-302(B)(1)] Resubmission. Reminder that revised plats must include the original date of drawing and the revision date(s) of each subsequent version of the plat. 6. [Comment] Maintenance instruments. Please submit documentation evidencing maintenance of improvements required by the site plan including, but not limited to: landscaping and maintenance easements, retaining wall easements, emergency access road and bicycle & pedestrian path easement, access easement, etc. If maintenance will be identified within more expansive BOA documents, please fill in the attached sheet identifying pages and paragraphs these requirements are addressed. 7. [Comment] Alignment between plans. There are some areas where the easement plat and initial site plan (SDP202000078) final site plan (SDP202100013) do not align. Please align the following aspects: a. There are different amounts and labels for open spaces. The easement plat connects what the site plan designates as separated Open Spaces B and C. Review and revise accordingly. Rev. 1: No action needed. b. The site plan and easement plat show the stream buffer in different locations. The easement plat suggests greater encroachment of buffer areas onto proposed residential lots. Please update the site plan to reflect the linework provided on the plat. Rev. 1: Comment not satisfied. The revised plat identifies a "100' Stream Buffer per Collins Engineering". However, stream buffer location information must be based on an official survey or Albemarle County GIS. Therefore, the current linework cannot be accepted. Please review and revise accordingly. Please continue to identify the source of information if not provided by the plat creator. c. The site plan includes a private retaining wall behind Lots 32-35 and the open space. There is also a retaining wall planned on a portion of Lot 26. Both retaining walls will need to be accompanied by a retaining wall easement and maintenance agree since they will cross proposed property boundaries and will likely be shared between separate owners/parties. Rev. 1: Comment addressed. d. As noted in the initial site plan approval, the proposed landscape easement may need to be revised to capture required street tree plantings that may be located on or outside of the proposed landscape easement. Please work with Collins Engineering to ensure alignment between proposals. Rev. 1: Comment addressed. OTHER SRC REVIEWERS Albemarle County Engineering Services (Engineer) Matthew Wentland, mwentland@albemarle.org — Requested Changes 2. 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. This will be filled out by the County and forwarded to the applicant when the final plat is nearing approval. A deed will also be required for the public drainage easements. Easements are still missing in the area of Open Space D. If a change has been made in the location of storm structures and pipes from the approved road plans, a road plan amendment (and approval) will be needed prior to plat approval. A Albemarle County Building Inspections Betty Slough, bslou hg_Oa albemarle.org—No Objection Albemarle County Department of Fire Rescue Shawn Maddox, smaddox&Wbemarle.org — No Objection Albemarle County Service Authority Richard Nelson, rnelson(a),serviceauthority. org — No Objection Virginia Department of Transportation Adam Moore, adam.moore(a),vdot.virginia.Qov — No Objection In accordance with the provisions of Z.O. 14-229 of the County Code, if the applicant fails to submit a revised plat to address all of the requirements within six (6) months after the date of this letter, the application shall be deemed to have been voluntarily withdrawn by the applicant. Please contact Mariah Gleason in the Planning Division at mQleasonOWbemarle.orQ or 434-296-5832 ext. 3097 for further information. CC: Stanley Martin Companies, LLC 11710 Plaza America Drive Ste 1100 Reston VA, 20190 (emailed to: Jeremy W. Swink swinkiw(i�stanlevmartin.com. Gregg P. O'Donnell odonneligp(rtanlevmartin.com) Review of Private Improvement Maintenance Instrument (Albemarle County Code § 14-317) TO: RE: SUB The instrument required by Albemarle County Code § 14-317 for this subdivision: _ is approved. _ is not approved because it fails to satisfy one or more of the following requirements (number references are to Albemarle County Code § 14-317(A)): 1. Identify the plat to which the instrument applies; if the plat has been recorded, the identification shall include a deed book and page number. 2. State that the improvement will be maintained in perpetuity. 3. State that the improvement will be maintained to a standard that, at a minimum, ensures that it will remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14-436; for a private street, shared driveway, or alley, the instrument also shall state substantially as follows: "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." 4. If the instrument pertains to the maintenance of one or more private streets, alleys or shared driveways, it shall define "maintenance" by stating substantially as follows: "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." 5. Describe the condition of the improvement when it was approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14-436. 6. Identify the timing or conditions warranting maintenance of the improvement. State a means to collect funds necessary for the cost of maintaining the improvement; at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien against a non-contributing landowner, to bring an action at law to collect the funds, or both. 8. Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g., "equally," or on a percentage basis); if any lot within the subdivision may be further divided, the instrument shall also describe how maintenance costs will be prorated among the landowners after division. 9. State substantially as follows: "No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein." Date: Greg Kamptner Deputy County Attorney