HomeMy WebLinkAboutSUB202100022 Correspondence 2021-07-13ROUDABUSII, UALI: & ASSOC,. , Inc.
A PROFESSIONALCORPORA7'ION Serving Virginia Since 1956
July 13, 2021
Mr. Bill Fritz
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: SUB202100022 Berkmar Overlook — Easement Plat
Mr. Fritz,
The plat has been revised to address the comments received on June 7, 2021 in accordance
with the following:
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.
Response: Additional $602 fee will be paid.
3. [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.
Response: Project attorney to coordinate.
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.
Response: Project attorney to coordinate.
999 Second Street SE. Charlottesville. VA 22902. www.Roudabush.com 434.977.0205
SUB202100022 Berkmar-Overlook Easement Plat
7/13/2021
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.
Response: Project attorney to coordinate.
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.
Response: Project attorney to coordinate.
If the template is not utilized (or significantly modified), and the HOA document is instead
revised to meet this requirement, then a marked up and highlighted version of the HOA
document (or significantly modified templates) must be submitted that highlights and
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
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.
Response: Project attorney to coordinate.
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 SWIM easement and the
sight distance easements).
viii. Rev. 1: UPDATED Expanded access easement to Foundation LLC parcel.
Response: Project Design Engineer / Attorney to coordinate.
e) See the attached template for the "Deed of Sight Distance Easement'. Any deed of sight
distance easement is subject to review and approval by VDOT and the County and will be
distributed to them for their review upon submission to the County.
Response: Project attorney to coordinate.
4. 114-302(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 SWIM Facility deed of easement.
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SUB202100022 Berkmar-Overlook Easement Plat
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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: UPDATED Comment not vet fully addressed. For any and all improvements and
easements that either require a standard template or will not include all of the required
lanquage in a HOA document that will be recorded with the easement plat:
a) Work with ACSA on their deed of easement.
b) Work with Engineering on the SWIM 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) Submit a deed for the Emergency access easement (see attached template).
f) Submit a deed for the expanded access easement to Foundation LLC parcel.
g) 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.
h) Submit a sight distance deed of easement (see attached template)
j) Ensure that deeds of vacation are submitted for any vacations shown as taking place with
easement plat.
Response: Project attorney to coordinate.
k) Engineering mentioned in their last Final Site Plan comments (4/23/2021) that a
vacation of a portion of a SWIM 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.
Response: Vacation is not necessary per Scott Collins.
1) There is a revision to the ACSA easement, on the other side of Berkmar Drive, shown on
the most recent site plan submittal but not included in this plat. If a separate plat is not
submitted for this change it should be included in this easement plat.
Response: A separate plat is being prepared for this revised easement and will be
shared ASAP.
m) See comment #3 comment above about the HOA document.
Response: Project attorney to coordinate.
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
easement plat is updated to reflect the currently proposed wall easements.
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SUB202100022 Berkmar-Overlook Easement Plat
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Response: Wall easements have been updated on the plat and are shown as per site plan.
b)
Response: Project Design Engineer has current agreements that are sufficient for the offsite
grading.
6. Mommentl A temporary construction easement for the improvements within TMP 45-
112F has not been included in the easement plat. Do one of thefollowing:
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 vet 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 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 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 V 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
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SUB202100022 Berkmar-Overlook Easement Plat
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Response: Project Design Engineer has current agreements that are sufficient for the offsite
grading.
[14-302(A)(4) & (5)] Ensure consistency with the easements shown on the final site plan.
Address thefollowing:
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.
Response: Site plan is being revised to show easements as vacated.
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.
Response: Wall easements are shown as per site plan.
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.
Response: Statement of Consent on Sheet V1 has been revised.
11. [Comment] This easement plat must be approved and recorded before the site plan
approval.
Rev. 1: Comment still valid.
Response: Easement plat will need to be approved / recorded before site plan approval.
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.
Rev. 1: Comment Engineering comments are attached. RWSA and ACSA comments are still
pending. See below about ACSA comment about plat provided during previous round of FSP
review.
Rev. 1: UPDATED Comment Engineering and ACSA comments are attached. RWSA
comments are still pending. Also, see below about ACSA comment about plat provided
during previous round of FSP review.
Response: Comments have been received, see responses below.
13. Rev. 1: MEW COMMENT] The most recent submission of the Final Site shows
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SUB202100022 Berkmar-Overlook Easement Plat
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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.
Response: No changes are necessary per Project Design Engineer. Project Design Engineer
has current agreements that are sufficient.
14. Rev. 1: UPDATED fNEW COMMENTI ACSA provided comments on 5/5/2021, during the
site plan review, that were associated with this easement plat. Please ensure that 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.
Response: A separate plat is being prepared for this revised easement and will be shared
ASAP.
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.
Response: Portion is now shown on plat.
Engineering (John Anderson)
V2.
2. Notes concerning existing SWIM 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) SWIM facility easement at bk.-pg. 2834-1
indicates (biofilter) approved with WP0200400080 is removed with SDP202000042,
WP0201900050, and vacated with this plat (SUB202100022). Engineering requests
Amendment Application for VVP0200400080 that proposes equivalent water quality
phosphorous removal formerly provided by WP0200400080 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 this topic and Amendment application request in detail. These emails are relevant to
Easement Plat approval. 4/21/2021 5:35 PM email states, in part: Note 2: Amendment to
VVP0200400080 must be approved prior to SUB202100022, SUB202000071, and
SDP202000042 Approval. Nutrient credits must be approved prior to WP020000080
(Amendment #1) approval. Grading may continue under approved WP0201900050
Amendment #1.' Please submit Amendment Application for WP020040080; we will review
the Amendment plan as quickly as possible.
Response: Project Design Engineer has submitted necessary documents.
V3.
4. It appears there is missing boundary information at NE Corner of Lot 43, between C33 and
corner of lot. (Rev. 1) Comment Persists: please see blue circle, image below. Bearing -
distance for arc or line segment helps define Lot 43.
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SUB202100022 Berkmar-Overlook Easement Plat
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Response: Requested boundary information is not relevant to this plat. This easement plat is
not meant to define lot dimensions. Requested boundary information will be shown on
subdivision plat.
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.
Response: Project attorney to coordinate. Verification of legal document required
RWSA
1. RWSA has attached the existing easement along TMP 45-112 to be included on the plat.
Responses:
1. Existing 10' water line easement shown in DB:1454 PG:643 and also shown in DB:1453
PG:367 is now shown on plat in the right-of-way of Berkmar Drive. Said easement has been
dedicated to public use for road purposes by a plat recorded in DB:2834 PGA.
2. Existing 20' water line easement shown in DBA841 PGA88 is now shown on plat on TMPs
45-81. 82. & 82A.
Thank you for taking the time to review this plat. Please let me know if you have any questions
or require additional information.
Thank you,
Tyler Jamison
Email: tjamison@roudabush.com
Phone: 434-977-0205
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