HomeMy WebLinkAboutSUB202100034 Review Comments Easement Plat 2021-10-08County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: Bethany Velasquez (BethM@roudabush.com
From: Cameron Langille, Principal Planner
Division: Planning
Date: April 2, 2021
First Revision: June 10, 2021
Second Revision: October 8, 2021
Subject: SUB202100034 Brookhill Blocks 9-11 Easement Plat
Fax 434-972-4126
The County of Albemarle Planning Division will grant or recommend approval of the plat referenced above once
the following comments have been addressed: [Each comment is preceded by the applicable reference, which is
to the Subdivision/Zoning Ordinances unless otherwise specified.]
[General Comment] Please be aware that TMP 46-18A, 46-19B6, 46-19B7, 46-19B8 are subject to another
plat that was approved on March 30, 2021, SUB202000189 that is creating the new greenway parcel. That
plat will likely be recorded prior to approval of SUB202100034. Please address the following:
a. [14-302 (A)(11)] On all applicable sheets, update parcel labels so they state the correct TMP
numbers and recorded instruments. Remove references to SUB202000189 from the parcel labels
on all applicable sheets. Rev. 1: Please update the parcel label for TMP 46-19B8 so that it states
the recorded instrument number. On several sheets, it is still labeled as "SUB202000189" but that
plat has been approved and recorded. Rev. 2: Several TMP numbers are still incorrect. For
example, the plat identifies the parcel currently labeled as TMP46-19BB is actually 46-
18A2. Parcel labeled as 46-19BA is actually 46-19B8. Please revise. Also, SUB202100081 is
likely to be recorded prior to approval of this plat. Please provide the TMP number for the
new Block 12 & 13 parcel that will be created by recordation of SUB202100081.
i. Please be aware that it is possible that the TMP number for TMP 46-19B7 may change
after recordation of SUB202000189. Update the plat as necessary. Rev. 1: Please update
the parcel label for TMP 46-19B8 so that it states the recorded instrument number. On
several sheets, it is still labeled as "SUB202000189" but that plat has been approved and
recorded. Rev. 2: Several TMP numbers are still incorrect. For example, the plat
identifies the parcel currently labeled as TW46-19BB is actually 46-18A2. Parcel
labeled as 46-19BA is actually 46-19B8. Please revise. Rev. 2: Several TMP numbers
are still incorrect. For example, the plat identifies the parcel currently labeled as
TMP46-19BB is actually 46-18A2. Parcel labeled as 46-19BA is actually 46-19B8.
Please revise. Also. SUB202100081 is likely to be recorded prior to approval of this
plat. Please provide the TMP number for the new Block 12 & 13 parcel that will be
created by recordation of SUB202100081.
b. [14-302 (A)(15)] Update note 13 on Sheet VI so that it states the owner name and sources of title
for all TMPs affected by this plat. Rev. 1: Comment addressed.
c. [14-302 (13)(5)] Update Note 7 on Sheet VI so that it states the TMP number. Rev. 1: Comment
addressed.
d. [14-303 (A)] Update the statement of consent to division for the greenway parcel on Sheet VI so
that it states the TMP number. Rev. 1: Comment addressed.
2. [14-302 (A)(1)] Please revise the plat title so that it accurately describes the easements being created. It
currently states that this is a "Greenway Open Space Parcel" but the plat is proposing ACSA easements,
retaining wall easements, sight distance easements, and drainage and preservation easements. Rev. 1:
Comment addressed.
3. [14-302 (A)(3)] The street right-of-ways for extension of Archer Avenue, as well as internal streets within
blocks 9-11 are shown on this plat and labeled with their proposed road names. However, those ROWS
have not been dedicated or reserved for future dedication yet. It does not appear that SUB202100034 is
proposing to either dedicate or reserve the ROWS at this time, can the applicant confirm that this is true?
a. Pending applicant response to the above comment, the plat may need to be revised to remove the
road names and just show proposed ROWS for reference purposes. Conversely, notes may need
to be added stating that the ROW shown is hereby dedicated or reserved for future dedication to
the County for public use. Rev. 1: Comment addressed. ROWS were reserved with plat
recorded in DB 5346 pace 256 and will be dedicated at time of final subdivision plat creatine
new residential lots in Blocks 9-11.
b. Please see comment 48 and the attached VDOT comments below for further information. Rev. 1:
Comment addressed. ROWS were reserved with plat recorded in DB 5346 page 256 and will
be dedicated at time of final subdivision plat creating new residential lots in Blocks 9-11.
4. [14-302 (A)(4)] Please update note 10 so that it references the recorded HOA covenants for Brookhill. The
HOA covenants covered maintenance and ownership responsibilities for private easements throughout the
project. Initial HOA covenants were recorded in DB 5259, page 669, DB 5366 page 528, and amended
with SUB202000043. Staff does not have the recorded instrument number for the amended covenants that
were recorded with SUB202000043.
a. Please be aware that the Albemarle County Building Official has informed Planning and
Engineering staff that all private easements for retaining walls that cross into separate lots which
will be privately owned require maintenance agreements to be recorded. The existing HOA
covenants may/may not cover this requirement. Please provide documentation on whether the
recorded covenants contain declarations covering this. If not, staff can provide a template for the
retaining wall easement maintenance agreements that the applicant can complete and submit for
review. Rev. 1: CDD staff are working with the County Attomey's office to obtain templates for
the maintenance agreement for proposed private wall easements. Staff will follow-up with the
applicant once templates have been drafted. Rev. 2: Gregg O'Donnell sent an email to staff on
9/20 with a draft of the Brookbill Villas covenants. Mr. O'Donnell asked is those covenants
would satisfy the maintenance agreement requirement for the retaining wall easements.
The County Attorney's office reviewed the covenants and has informed CDD staff that the
draft does not meet the requirement of Section 14-317 (A)(5).
The covenants would meet the requirement if the following laneuaee is added to the end of
the first paraeraph Section 5:13 of the covenants:
"The required improvements will be in the following condition when the surety held
by the County in relation to such improvements is released:
(i) The retaining wall(s) is/are completed in accord with the approved final site
plan (SDP202100016) and Water Protection Ordinance application WP0202000004."
Alternatively, the applicant could complete the County's standard Private Improvement
Maintenance Declaration, and record that with the plat.
5. [14-302 (A)(4) and 14-302(A)(5)] Please clarify the following information regarding the proposed variable
width preservation easements:
a. Are these easements associated with stormwater forest & open space? Or are these intended to be
the public greenway easement required by the Brookhill proffers and Code of Development? The
naming of the easement may need to be revised depending on the intended purpose of the
easement. Rev. 1: Comment addressed.
b. Identify whether the easements are public or private in the easement labels. Rev. 1: Comment not
fully addressed. Please update SWM Forest & Open Space Easements and so that they state
`bublic." Rev. 2: Comment addressed.
c. If the easements are public, include the language "hereby dedicated to public use" in the easement
labels. Please be aware that deeds of dedication are required for all proposed public easements.
Rev. 1: Comment addressed per notes on Sheet Vl.
d. Please coordinate with Engineering to obtain copies of deed templates for public drainage
easements and the preservation easements (if public). Rev. 1: Comment stands see attached
Engineering Division comments. Deeds for public SWM and drainage easements will be prepared
by Engineering and sent to the owners for signature prior to approval of the easement plat. Rev.
2: Comment stands, see attached Engineerine Division comments.
6. [14-302 (A)(11)] On all applicable sheets, please update parcel labels so that they state the most recent
recorded instrument number for each parcel. Rev. 1: Comment addressed.
[14-303 (D)] Please state the TMP and acreage of each parcel (TMP 46-19137 and the greenway parcel).
Rev. 1: Comment not fully addressed. Per Plat recorded in DB 5346, page 256, TMP 46-19137 measures
37.8 acres. Parcel labels for TMP 46-19137 state the acreage is 25.578. Please verify and correct acreage
on parcel labels. Rev. 2: Comment addressed.
8. [14-316] Please see attached VDOT comments. The street right-of-way alignments shown on the plat do
not appear to match the road plans currently under review for Blocks 9-11. Rev. 1: Comment addressed
VDOT has no objection to the plat, see attached VDOT letter.
New Comments 2°d Review:
[General Comment] Please update the disclaimer note on Sheet V2 through V8 so that it states "Lots 1-85
and future right-of-ways shown are for context only and will be platted with future final subdivision plat."
Rev. 2: Comment addressed.
Please contact Cameron Langille in the Planning Division by using blanig llegalbemarle.org or 434-296-5832
ext.3432 for further information.
Comments from Other Reviewers:
Albemarle County Engineering Services (Engineer) — Emily Cox, ecox@albemarle.org — Requested
changes, see attached.
Albemarle County Service Authority — Richard Nelson, rnelsongserviceauthority.org - Review not yet
complete, comments or approvals will be forwarded to the applicant upon receipt.
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County of Albemarle
Department of Community Development
Memorandum
To: Cameron Langille
From: Emily Cox
Date: 26 March 2021
Rev. 1: 07 June 2021
Rev. 2: 26 Aug 2021
Subject: BROOKHILL BLOCK 9-11 - EASEMENT PLAT - DIGITAL (SUB202010034)
The plat for BROOKHILL Blocks 9-11 has been reviewed by Engineering. The following comments will
need to be addressed before approval:
1. Please clarify the "preservation easements". It appears they should be labeled as "SWM
forest & open space easement' as shown on the approved WPO202000004 plan. Rev. 1:
Comment addressed.
2. Please label the total acreage for the SWM forest & open space easement. It should be
11.34 AC. Rev. 1: Comment addressed.
3. Please add the following note on the plat, ""The SWM Forest and Open Space
Easement is subject to the guidance set forth by DEQ in the Virginia Stormwater
Management Program. The areas will remain undisturbed in a natural, vegetated
state, except for activities as approved by the local program authority, such as
forest management, control of invasive species, replanting and revegetating,
passive recreation (e.g., trails), and limited bush hogging to maintain desired
vegetative community (but no more than four times a year)." Rev. 1: Comment
addressed.
4. The SWM easements and public drainage easements will need deeds. The county will
provide these when it is time for plat approval. Rev. 1: Comment still applies. Will be
provided for signature when plat is ready for approval. Rev. 2: Comment still applies.
Will be provided for signature when plat is ready for approval.
5. Is the proposed greenway recorded? If so, please show the deed book and page. Rev. 1:
Comment addressed.
6. Is there a maintenance agreement or deed for the proposed wall easements? Rev. 1:
Comment not addressed. Rev. 2: Comment still applies.
7. Rev. 1: [Sheet V2] There appears to be a missing SWM facility and access easement per
the approved WPO plan. See below. Please coordinate with the engineer. Rev. 2:
Comment addressed.
Engineering Review Comments
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