HomeMy WebLinkAboutSUB202100022 Review Comments Easement Plat 2021-06-04County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832 Fax 434-972-4126
Memorandum
To: Scott Collins
From: Paty Saternye, Senior Planner
Division: Planning
Date: March 26, 2021
Rev. 1: June 4, 2021
Subiect: SUB202100022 Berkmar Overlook - Easement Plat
The County of Albemarle Planning Division will recommend approval of the plat referenced above once the
following comments 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, which is to the Subdivision/Zoning
Ordinances unless otherwise specified.]
1. [Comment] Pay the additional $602. This easement plat required deed review. Fees for easement
plat with a deed is $817 and $215 was paid.
Rev. 1: Comment not vet addressed. Address the comment.
[4.7(d), 14-303(G) & 14-317] Submit for review an instrument assuring the perpetual maintenance of
the open space areas, and any other improvements that are to be maintained by the HOA in perpetuity
require County Attorney approval. The instrument must be reviewed and approve by planning and the
County Attorney's office prior to approval prior to easement plat, site plan or final subdivision approval.
Rev. 1: Comment not vet fully addressed. The HOA agreement has been submitted. Address the
following:
a) The HOA agreement is referencing the SUBDIVISION plat that cannot be approved until the
Final Site Plan is approved. However, no other document to meet the requirements for 14-317
(Instrument evidencing maintenance of certain improvements) have been submitted for the
maintenance for the required private improvements. Either the HOA agreement needs to be
revised to reference the Easement Plat (and a supplemental agreement submitted, reviewed,
approved and used later to add the subdivision plat) or separate documents must be provided
with the easement plat in order to meet the requirements of 14-317.
b) Ensure that the labels for any of the easements shown in the easements plat are correctly and
fully stated in the HOA documents and deeds submitted. In the sight distance easement, wall
easement labels are correctly stated in the documents.
c) Ensure the name of any plat is correctly stated in the HOA documents and deeds submitted.
When referencing the subdivision plat, on page 4 of the HOA document, the word
"Subdivision" was left off of the title.
d) With whichever option is chosen for "a)" above, each of the required improvements must
provide the wording included in the attached 'Review of Private Improvement Maintenance
Instrument' checklist. Address the following:
i. If separate documents are utilized for each required improvement the attached 'Private
Improvement Maintenance Declaration" template can be utilized, and revised as
necessary, for each required improvement.
ii. If the template is not utilized (or significantly modified), and the HOA document is instead
clearly labels were each the required items on the "Review of Private Improvement
Maintenance Instrument' checklist are met for EACH of the required improvement. An
example would be for checklist item #2, where "in perpetuity" is specified for each of the
HOA document for each of the required improvements.
iii. Required improvements that must be shown to meet the requirements of 14-317 are:
i. Recreation Facilities and open spaces.
ii. Landscaping in the landscape easements
iii. Emergency Access Easement
iv. Retaining Walls
v. Sidewalks
vi. Public Roads (prior to VDOT acceptance)
vii. (see other sections of these comment about the SWM easement and the sight distance
easements).
e) See the attached template for the "Deed of Sight Distance Easement'. Any deed of sight
4. [14-302(A)(4) & (5)] Provide for review and approval all deeds and legal documents that are
associated with the proposed easements. Address the following:
a. Work with ACSA on their deed of easement.
b. Work with Engineering on the SWM Facility deed of easement.
c. Work with Engineering on the deed for the public drainage easements.
d. Work with Engineering on the retaining wall deed of easement.
e. Work with planning on the deed for the access easement.
f. Ensure that the HOA agreement (see comment above) includes the landscaping easements. This
document should also address the maintenance within the landscaping in the landscape
easements, the open spaces, the street trees and tot lot.
g. Ensure that deeds of vacation are submitted for any vacations shown as taking place with this plat.
Rev. 1: Comment not vet fully addressed.
CHECK
a) Work with ACSA on their deed of easement.
b) Work with Engineering on the SWM Facility deed of easement.
c) Work with Engineering on the deed for the public drainage easements.
d) Work with Engineering on the retaining wall deed of easement.
e) Work with planning on the deed for the access easement (see attached template).
f) Work with planning on the deed for the landscape easement (see attached template) or ensure that
the HOA agreement (see comment above included the required wording private improvement
maintenance agreements. This document should also address the maintenance within the
landscaping in the landscape easements, the open spaces, the street trees and tot lot.
g) Ensure that deeds of vacation are submitted for any vacations shown as taking place with this plat.
h) Work with Planning on the sight distance deed of easement (see attached template)
i) Engineering mentioned in their last Final Site Plan comments (4/23/2021) that a vacation of a
portion of a SWM easement on the Foundation LLC site may be required. Work with Engineering
on this easement vacation. Either with this easement plat, or another plat (application, plat, deeds
and fee) ensure this comment about a required vacation is addressed.
j) See comment #3 comment above about the HOA document.
5. [14-302(A)(4) & (5)] Ensure that all proposed easements in the site plan are proposed in this
subdivision plat. The wall maintenance easement in Lot 43 is not yet included in this plat.
Rev. 1: Comment not vet fully addressed. The wall maintenance easement has been provided
within Lot 43, however address the following:
a) The 5/24/2021 FSP removed sections of the proposed retaining walls. Ensure the
b)
5/24/2021 submission of the Final Site Plan (FSP). Agreements with the adjoining
property owners have been submitted but predate the changes to the FSP adding off -site
grading. Full comments on these agreements will be provided with the FSP.
6. fCommentl A temporary construction easement for the improvements within TMP 45-112F has not
been included in the easement plat. Do one of the following:
a) Revise the agreement with the Foundations Child Development Center to address the following:
i. The wrong version of the site plan was referenced (8/31/2020). The version that is
referenced and attached needs to show all the changes discussed in our meeting in
December and currently shown in both the site plan and the road plan.
ii. The agreement letter references a Pre -manufactured shelter being added to the Child
Development Center's site, and that improvement does not appear to have not yet been
shown on the Site Plan. If it is a proposed improvement it should be shown on the site plan
so that this site plan can be utilized in Ieu of an LOR for the adjoining site.
iii. If the agreement has an attached exhibit (as the 2/17/2021 states it had), the attached
exhibit should be part of the PDF that is submitted to the County for our documentation
purposes. Otherwise we cannot see what they have agreed to.
b) Show a temporary construction easement that includes the area of all improvements shown as
proposed in the Final Site Plan. Also, if this option is chosen, provide for review and approval the
deed for the temporary construction easement.
Rev. 1: Comment not yet fully addressed. The easement plat comment response letter stated,
"Currently no offsite easement needed, no change to plat." However, portion "a)" of the comment
above must still be fully addressed and off -site grading on the Foundation LLC parcel has been added
to the Final Site Plan (FSP) with the 5/24/2021 resubmittal. Address the following:
a) Although the reference to 8/31/20 site plan (which did not show all of the proposed changes) is no
to the adjoining parcel must be included. This is true both in the first paragraph about the Final
Site Plan and the last paragraph of the agreement where the Road Plan is mentioned.
b) The "attached exhibit" mentioned in the agreement must be attached to the version of the
agreement document that is provided to the County. Only the 1 st page, and not the attached
exhibit, was included in what you sent to John A. on 3/30/2021. Submit to the planning reviewer
the full document that the signers of the agreement were or will be provided.
c) Please ensure that all of the proposed changes to the Foundation LLC site are shown in the exhibit
included with the agreement. Please note that additional grading is now being proposed in the
west portion of the Foundation LLC parcel. Therefore, that grading must also be part of the exhibit
attached to the agreement and shown to the owners prior to signing the updated agreement.
[14-302(A)(4) & (5)] Ensure consistency with the easements shown on the final site plan. Address the
following:
a) On Sheet V2 two easements are shown as "to be vacated" in TMP 45-112F2, however they are not
labeled as being "vacated" in the Final Site Plan.
b) On Sheet V2 an "access easement" is shown within TMP 45-112F2 and is not shown to be
changing in the easement plat. However, on the Final Site Plan this easement is labeled as
"...Easement to be Replatted and Expanded..." Add this revision to the easement plat.
Rev. 1: Comment not vet fully addressed. Address the following:
a) On Sheet V2 two easements are shown as "to be vacated" in TMP 45-112F2, however they are not
labeled as being "vacated" in the Final Site Plan.
b) MEW COMMENTI The 5/24/2024 submission of the final site plan no longer proposes some of the
retaining walls. Please revise the easement plat to remove any wall easements that are no longer
required.
9. [14-303(A)] Revise the wording of the "statement of consent" to be for an easement plat.
Rev. 1: Comment not vet addressed. The "statement of consent" does not appear to have been
revised. Revise it so that it is for an easement plat.
11. [Comment] This easement plat must be approved and recorded before the site plan approval.
Rev. 1: Comment still valid.
12. [Comment] Engineering comments are attached. RWSA comments are still pending. VDOT, ACSA
and Fire Rescue have no objection. All reviewer comments must be sufficiently address prior to final
site plan approval.
review.
13. Rev. 1: MEW COMMENTI The most recent submission of the Final Site shows additional grading on
the Foundation LLC property and on additional adjacent properties. Comment #6 above is in reference
to the Foundation LLC property. Agreements with the other adioininq owners predate the 5/24/2021
FSP submittal and the previous versions of the FSP did not show the grading on the adioininq
properties. Full comments on these adioininq property agreements will be provided with the 5/24 FSP.
14. Rev. 1: rNEW COMMENTI ACSA provided comments on 5/5/2021, during the site plan review, that
were associated with this easement plat. Please ensure that (in addition to what ACSA may provide
separately) the following ACSA comments are addressed:
a) ACSA will require a deed of easement for the revised portion of easement from manhole 4 to 5
prior to plat approval.
b) We have also requested a small portion of sewer easement be shown near MH 7 to the adjacent
property line, that should be included on the next plat submission.
Staff has provided references to provisions of Chapter 14 of the Code of the County of Albemarle. The
Code is kept up to date by the County Attorney's office. The Code may be found on the County Attorney's
website which may be found under "Departments and Services" at Albemarle.org. In accord with the
provisions of Section 14-229(B) of Chapter 14 of the Code if the developer fails to submit a revised
easement 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 developer.
Please contact Paty Saternye in the Planning Division by using psaternye(cbalbemarle.org or 434-296-5832
ext. 3250 for further information.
t� OF ALB
County of Albemarle
COMMUNITY DEVELOPMENT DEPARTMENT
Project:
Project file number:
Plat preparer:
Owner or rep.:
Plan received date:
(Rev. 1)
Date of comments:
(Rev. 1)
Reviewer:
Project Coordinator:
Easement Plat review
Berkmar Overlook Easement Plat
SUB2021-00022
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone:434-296-5832
WWW.ALBEMARLE.ORG
Brian D. Jamison, LS — Roudabush, Gale, & Assoc., Inc. / Engineering
172 South Pantops Drive, Suite A, Charlottesville, VA 22911
[ biamisonAroudabush.coml
Berkmar Development, LLC / 2496 Old Ivy Road, Charlottesville, VA 22903
12 Feb 2021
16 Apr 2021 — digital, W. White email, 4/16/2021 4:21 PM
20 Mar 2021
23 Apr 2021
John Anderson
Paty Saternye
Engineering has reviewed the easement plat and offers the following:
V1
1. Provide signature block for TMP 45-112F, Foundations Child Development, for sight distance easement.
Also item 71 below. (Rev. 1) Withdrawn. Applicant response (letter, 4/16/21): `Updated easement, no
longer needed.'
V2
2. Notes concerning existing SWM and PD easement are helpful. Provide deed bk.-pg. ref for existing SWM
and public drainage easements vacated by this plat. (Rev. 1) Partially addressed. As follow-up: Recorded
(existing) SWM facility easement at bk.-pg. 2834-1 indicates (biofilter) approved with WPO200400080 is
removed with SDP202000042, WPO201900050, and vacated with this plat (SUB202100022). Engineering
requests Amendment Application for WPO200400080 that proposes equivalent water quality phosphorus
removal formerly provided by W13O200400080 biofilter. Email/s sent April 16, 2021 5:30 PM, 4/21/2021
5:35 PM, April 21, 2021 10:58 AM, and 4/23/2021 12:48 PM discuss the topic and Amendment application
request in detail. These emalls are relevant to Easement Plat approval. 4/21/2021 5:35 PM email states, in
part: `Note 2: Amendment to WPO200400080 must be approved prior to SUB202100022, SUB202000071,
and SDP202000042 Approval. Nutrient credits must be approved prior to WPO200400080 (Amendment
#1) approval. Grading may continue under approved WPO201900050 Amendment #L' Please submit
Amendment Application for WPO200400080, we will review the Amendment plan as quickly as possible.
V3
3. It appears there is missing right -way -call or boundary information for Lot 31, 32 at Swede Street. (Rev. 1)
Addressed.
4. It appears there is missing boundary information at NE comer of Lot 43, between C33 and comer of lot.
(Rev. 1) Comment persists, please see blue circle image below. Bearing -distance for arc or line segment
helps define Lot 43.
LOT 44
LOT 43
��A (c ne PTA
Engineering Review Comments
Page 2 of 2
V5
5. Show /label private drainage easement for swale to be shown on WP0201900050 Amendment # 1; see
email to Collins Engineering (CE) that includes Albemarle County Engineer request for W00201900050
Amendment and WP0202100014 revisions to show drainage swale between lots 26 and 27. Please
coordinate easement with CE. (Rev. 1) Withdrawn. Swale is shown on WPO201900050, but does not
provide a water quality credit, is not a SWM facility, and does not require private drainage easement.
6. Please provide linework /labels to distinguish SWM vs. PD (public drainage) easements since separate
deeds will reference SWM facility/SWM access platted easement, and public drainage platted easement.
(Rev. 1) Withdrawn. Applicant: `Spoke with Mr. Anderson (4/13/21), comment withdrawn.'
V6
7. Provide inset detail for portion of sight distance easement across TMP45-112F. Also review item 1, above.
(Rev. 1) Withdrawn. Applicant response (letter, 4/16/21): `Updated easement, no longer needed.'
8. Provide bearing -distance for portion of sight distance easement across TMP45-112F. Also item 7 above.
(Rev. 1) Withdrawn. Applicant response (letter, 4/16/21): `Updated easement, no longer needed.'
TMP45-112F per 'F NIT _
W`mo
N/F FOUNDATIONS, LLC CIO
FOUNDATIONS CBILD
DEVELOPMENT NEW VARIABLE
DB 2834 PO t WIDTH ACCESS
EASEMENT
J
S41'06'06°W
? 29.86'
-NEW VARIABLE WIDTH
SIGHT DISTANCE EASEMENT
V7
9. Provide text of Wall Maintenance Easement Agreement to be recorded with plat. Albemarle is not party to
this Agreement, has no template Agreement (can furnish example from project 2415 Ivy Road Commercial
Redevelopment), but CDD is required per legal guidance to confirm existence of a signed Agreement to be
recorded with Easement plat. Engineering and CAO will not review or recommend alteration of Wall
Maintenance Agreement but must confirm document exists with rights /responsibilities transferrable to
successors and assigns. (Rev. 1) Comment may persist. Applicant: `Submitted under different cover.'
Perhaps overlooked, cannot locate item with email sent since early March. Please re -send to reviewer.
Please feel free to call if any questions: 434.296-5832-x3069.
Thank you
SUB202100022 Berkmar Overlook Esmt plat 042321 rev
Review Comments for SUB202100022 Easement Plat
Project Name BERKMAR OVERLOOK EASEMENT PLAN - DIGITAL
Date Completed: Friday, April 23. 2021 Department/Division/Agency: Review Status:
Reviewer: John Anderson CDD Engineering Requested Changes
W White email, 4/16/2021 4:21 PM
update janderson2, 4/23/2021 1:53 PM
email to Applicant explains need to Amend WP0200400080 to consider existing SWIM facility lost with Berkmar Overlook
development (email sent 4/21/2021 5:35 PM). WP0200400080 Amendment should propose altemative to approved biofilter that
is lost with current Berkmar Overlook development site plan design (SDP202000042). WPO plan Amendment is required prior
to FSP approval. WPO Amendment approval is also required prior to SUB202000071 (final subdivision plat) and SUB202100022
(easement plat) approval.
Page: Fl� County of Albemarle Printed On: 061041 0021