HomeMy WebLinkAboutSDP202000042 Review Comments Final Site Plan and Comps. 2021-06-28f•� OF AL8
County of Albemarle
m
Community Development Department - Planning Division
Memorandum
To: Scott Collins
Date: June 23, 2020
Rev. 1: November 19, 2020
Rev. 2: January 20, 2021
Rev. 3: April 26, 2021
Rev. 4: June 27, 2021
Subiect: SDP202000042 Berkmar Overlook - Final Site Plan
Paty Saternye
psaternyePalbemarle.org
tel: 434-296-5832 ext. 3250
fax: 434-972-4126
The County of Albemarle Planning Division will recommend approval of the plan 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.]
Comments from the Initial Site Plan review that apply to the site plan:
23. [Comment] Provide a copy of all exiting off -site easements from off -site property owners or submit proposed
off -site easement plat for review. Any proposed required easements, and their legal documents, must be
submitted separately from the initial site plan, reviewed, approved, and recorded prior to the initial site plan
approval.
Final: Comment not yet addressed. Address the following:
a) There are proposed offsite improvements, ...
Rev. 2: Comment not yet addressed. Address the following:...
Rev. 3: Comment not yet fully addressed. An agreement with the Foundation Child Development Center
had been previously been created and signed by all parties, without review by the County. Once that
document was submitted to the County comments were provided on 3/26/2021. A new document was
drafted and submitted on 3/30/2021, however that revised document did not address all of the comment that
had been specified. An email was sent to Andrew Baldwin on 3/31 /2021 specifying the comments that had
not yet been addressed. The following comments must still be addressed prior to the planning department
being able to allow this agreement to be utilized in place of an offsite temporary construction and grading
agreement. Address the following:
i. Although the reference to 8/31 /20 site plan (which did not show all of the proposed changes) is no
longer included in the agreement no reference to which version of the final site plan has been added
back in its place. Reference to a version of the site plan that includes all proposed changes to the
adjoining parcel must be included. This is true both in the first paragraph and the last paragraph of the
agreement.
Rev. 4: Comment not yet fully addressed. Although the reference to 8/31/20 site plan (which did not
show all of the proposed changes) is no longer included in the agreement no reference to which
version of the final site plan has been added back in its place, in either the first or the last paragraph of
the agreement. Ensure that the site plan referenced shows all changes proposed for the Foundation
Child Development Center parcel. Note that there were additional grading changes in the most recent
site plat submittal (5/19/2021 revision date) in the west portion of the Foundations parcel.
ii. The "attached exhibit" mentioned in the agreement must be attached to the version of the document
that is provided to the County. Only the ls' 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.
page, and not the attached exhibit, was included in what was submitted. Submit to the planning
reviewer the full document that the signers of the agreement were or will be provided.
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b) Any required legal documents for offsite easements must be submitted and if not yet recorded then
reviewed, approved, and recorded prior to the final site plan approval.
Rev. 1: Comments not yet addressed....
Rev. 3: Comment not yet fully addressed. There appear to be easements across Berkmar overlook that
are shown as proposed and yet have not been included on any of the submitted plats. Address the
following:
i. There appears to be a new ACSA Sewer realignment on TMP 45-112E & 45-112 shown as
proposed on site plan for first time and not shown on the easement plat currently under review.
Please provide proposed plat where this easement is being created or add it to the easement plat
already under review. This change will require ACSA review and therefore ACSA comments are
now pending.
Rev. 4: Comment not vet fully addressed. There appears to be a new ACSA Sewer realignment
on TMP 45-112E & 45-112 shown as proposed on site plan for first time and not shown on the
easement plat currently under review. Please provide proposed plat where this easement is being
created or add it to the easement plat already under review.
ii. There are ACSA Sewer and Public Utility easements across Berkmar (in TMP 45-112, TMP 45-
112C, TMP 45-112E, TMP 45-112G) that are still labeled as "proposed".
2) If any of these easements are have not yet been recorded, then:
b. Ensure that the easements are added to the easement plat already under review or submit
a new easement plat creating them which must be submitted for review, approval, and
recordation prior to the approval of this site plan.
Rev. 4: Comment not vet fully addressed. Ensure that the easements are added to the
easement plat already under review or submit a new easement plat creating them which
must be submitted for review, approval, and recordation prior to the approval of this site
plan.
25. [4.7(d), 14-303(G) & 14-317] 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
prior to final site plan approval.
Final: Comment not yet addressed. ...
Rev. 3: Comment not yet fully addressed. Submit the instrument for review. A "Declaration of Covenants,
conditions and restrictions for Berkmar Overlook" was submitted on 4/22/2021 and will be reviewed. It will be
evaluated for whether it assures the perpetual maintenance of the open space areas, and any other
improvements that are to be maintained by the HOA in perpetuity and it must be approved and recorded prior to
final site plan approval.
these comments were also provided in the 6/7M21 easement plat comments):
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. IMPORTANT: 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 easements
and the sewer laterals the labels specified either do not completely match the labels in the easement
plat or do not list all of the wording used for the easements. Ensure all 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.
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d) With whichever option is chosen for "ay' above, each of the required improvements must provide the
wording included in the attached "Review of Private Improvement Maintenance Instrument" checklist.
Address the following (as specified in 6/7/2021 easement plat comments):
L 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 revised
e)
met for EACH of the required improvement. An example would be for checklist item #2, where
"in perpetuity' is specified for each of the required improvements would be highlighted and a
comment added to the side stating something like (Checklist #2, Emergency Access Easement).
Please note that it does not appear that the majority of the items in the check list have been
provided in the submitted 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).
viii. Rev. 1: UPDATED Expanded access easement to Foundation LLC parcel.
For anv and all improvements and easements that either reauire a standard temDlate or will not
include all of the required language in a HOA document (if the HOA document will be recorded with
the easement plat):
i. Work with ACSA on their deed of easement.
ii. Work with Engineering on the SWM Facility deed of easement.
iii. Work with Engineering on the deed for the public drainage easements.
iv. Work with Engineering on the retaining wall deed of easement.
V. Submit a deed for the Emergency access easement (see attached template).
vi. Submit a deed for the expanded access easement to Foundation LLC parcel.
vii. Submit a 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. Please note that the HOA document, whenever it is recorded,
should also address the maintenance within the landscaping in the landscape easements, the
open spaces, the street trees and tot lot.
viii. Submit a sight distance deed of easement (see attached template)
ix. Ensure that deeds of vacation are submitted for any vacations shown as taking place with
easement plat.
X. 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.
28. [Comment] See the other SRC reviewer comments attached. All SRC reviewer comments must be sufficiently
address prior to final site plan approval.
Final: Comment not yet fully addressed....
Rev. 3: Comment not yet fully addressed. Engineering comments have been attached. RWSA and ACSA
comments are pending. Both will be forwarded to you once they have been received.
Rev. 4: Comment not vet fullv addressed. ACAS has no comments. Attached Dlease find the Engineering
comments.
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401 McIntire Roadl Charlottesville, VA 22902-4596
30. [32.5.2 (e), (n) 32.6.20) & 32.7.9.4 (c)] Address the following:
g) Ensure that the street trees shown will be allowed. If not, show that alternative locations are provided either
within or outside of the right-of-way. If the trees will be outside of the right-of-way landscaping easements
will be required with ownership and perpetual maintenance of the easements and landscaping put in place
prior to the final site plan approval.
Final: Comment not yet fully addressed....
Rev. 3: Comment not yet fully addressed. The easements for the trees outside of the right-of-way has
been submitted and is under review. These easements should be included in the HOA agreement, which
must be approved, and a signed and notarized copy provided to the reviewer prior to the final site plan
approval.
Rev. 4: Comment not yet fully addressed. The plat with the easements for the trees outside of the right-of-
wav has been submitted and is under review. The plat with these easements, and the deeds of easement
and/or HOA agreement that specify perpetual maintenance, must be approved, and recorded, prior to the
final site plan approval.
Comments from the Final Site Plan review:
3& Rev. 2: [New Commentl Double frontage lots are treated differently in site plan review and subdivision plat
review. So, the final site plan must be approved prior to the subdivision plat. Because of this, the easements
shown on the subdivision plat currently under review must be separated out, into a new easement plat
(application and fee) so that the easements can be approved prior to the final site plan.
Rev. 3: Comment not yet fully addressed. The submitted easement plat must be approved and recorded prior
to the final site plan approval.
Rev. 4: Comment not vet fullv addressed. The submitted easement plat must be approved and recorded prior
40
to the final site plan approval
wall easements for the sections of the walls that have been removed from the site plan.
41. Rev. 4: [NEW COMMENTI Two additional Off -site grading agreements have been submitted to the County.
One is for Third Mesa, LLC and the other is for the Albemarle SPCA. The Third Mesa, LLC agreement
references a site plan from August of last year, that did not show the grading that is currently proposed.
The Albemarle SPCA agreement does not specify the date of the site plan, but the agreement itself
the owners of the parcel are agreeing to.
42. Rev. 4: [NEW COMMENTI On Sheet V2 of the 3/26/2021 submission of the easement plat two easements
are shown as "to be vacated" in TMP 45-112F2 (SWM Easement DB 2834 PG 1 & Public Drainage
Easement DB 2834 PG1), however they are not labeled as being "vacated" in the Final Site Plan. Ensure
the Final Site Plan references anv easements that will be vacated with the easement plat or revise the
easement plat to match the Final Site Plan.
Staff has provided references to provisions of Chapter 18 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" at Albemarle.org.
In accord with the provisions of Section 32.4.3.5 of Chapter 18 of the Code if the developer fails to submit a revised
final site plan 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(cDalbemarle.org or 434-296-5832 ext.
3250 for further information.
WWW.ALBEMARLE.ORG
401 McIntire Roadl Charlottesville, VA 22902-4596
Review Comments for SDP2O2OOOO42 Final Site Development Plan
Project Name BERKMAR OVERLOOK - FINAL - DIGITAL
Date Completed: Friday, June 25, 2021 Department/Division/Agency: Review Status:
Reviewer: John Anderson CDD Engineering Requested Changes
Pape: 10 County of Albemarle Printed On: 06/28/2021
Review Comments for SDP202000042 Final Site Development Plan
Project Name I BERKMAR OVERLOOK - FINAL - DIGMAL
Date Completed: Tuesday, June 22, 2021 DepartrnentlDivisioNAgency: Review Status:
Reviewer: Richard Nelson ACSA v No Objection
Page: 1� County of Albemarle Printed On: 061281 0021