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Home My WebLink AboutSDP201700070 Review Comments Final Site Plan and Comps. 2019-04-13 Patricia Saternye From: Andy Herrick Sent: Saturday, April 13, 2019 3:36 PM To: Patricia Saternye Cc: James Douglas Subject: RE: SDP2017-70 HTC Hotel Paty, Though I'm not exactly sure of your questions at this point, let me address the two questions in your earlier memo: 1. I'm still not sure that the easement recorded at DB 5140/603 is a subdivision that requires County approval. If it is not a subdivision for purposes of the County subdivision ordinance, aren't private parties otherwise generally free to convey easements without County pre-approval? 2. I saw a reference to"possible parking locations" only in the already-recorded easement deed. I did not see such a reference in the site plan. If the proposed site plan does show"possible future parking" in a location that clearly could not be approved,we should direct the surveyor to remove that note from the site plan. Otherwise,if parking in that location could possibly be approved in the future,that note can remain without obligation to the County. Hope I've answered your questions. Andy Herrick Deputy County Attorney Notice:This email may contain attorney-client privileged information,pnvileged work product,or other confidential information.It is intended only for the designated recipient.If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake.Thank you. From: Patricia Saternye Sent: Wednesday, April 10, 2019 2:03 PM To: Andy Herrick<aherrick@albemarle.org> Cc:James Douglas<jdouglas@albemarle.org> Subject: SDP2017-70 HTC Hotel Andy, Attached please find some materials I tried to send last month, but I appear to have not accidentally not included the previously recorded deed of easement. I've scanned my original cover letter to you, with your notes/questions on it, and included it with the document that was missing originally. I've also attached the associated site if you need it for reference. I apologize for initially not providing a complete packet. Thanks, Paty Saternye Senior Planner Community Development L1 �P� 7 lAak 0 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 2 of `!li long. COUNTY OF ALBEMARLE `Y� Department of Community Development s." 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 Date: March 15,2019 '/ Andy Herrick '°2! C°~`"�" . County Attorney's Office 44,44/ eta , AirAt, � `„ 401 McIntire Road a _ Charlottesville,VA 22902 Regarding: Project Name: SDP201700070—HTC Hotel—Final Site Plan Date Submitted: 3/8/19 Dear Mr.Herrick: The applicant has submitted a previously recorded deed of easement that has had no County review,prior to its recordation,for the above named project. On at least one other occasion we have allowed this,even though it is not our normal procedure or preferred. So,I have some questions for you. My questions are: 1. Do ou have any issues wit legal document I have been requesting probably a year that they submit an easement . a or review for these items,and just like the landscaping easements on Hansen Road Church DP 018-3)project, /they have bypassed o process with recording an easement 'thout County review. 4 a 4 *.,.�-. J 2 2. We have not reviewed or approved the" sb s�e future par ' „that i s o e e lii are not PP P P� ey proposed in the site plan under review n acceptm_g this easemen)are we putting ourselves in a circumstance of where those"possi future spaces"would have any legal footing if w»la er old them they could not add the space ? 7 tx ' Qjj itot - ft . FYI,they do not appear to be referencing the d d book and age number for the existing easement(see recordation receipt),and only label the landscaping improvements and not the others,on the site plan. I will ensure that reference and labels gets added if we can accept this previously recorded easement document. At your earliest convenience,please review this document and forward on for signature. Should you have any questions or comments please feel free to contact me. Sincerely Pa atem4` or Plann County of la_i isarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 psatemye@albemarle.org (434)296-5832,phone ex.3250 ' 4ovA`%, Official Receipt u4- -'m Albemarle Circuit Court Jon R. Zug o: 501 E. Jefferson St Charlottesville, VA 22902 (434) 972-4083 Receipt For: NICOLE M.SCRO, ESQ. Cashier : EMJ Instrument Type : DE Receipt# : 2019-036881 Instrument# : 201900001812 Date : 02/28/2019 02:49pm Book/Page : 05140/0603-00607 Pages : 5 Document : 1 of 1 1st Grantor. HOLLYMEAD CORNER LLC Ex : N 1st Grantee : HTC HOTEL LLC Ex : N Description: Consideration: 0.00 Assumed Value: 0.00 Pct : 100.00% 1st City: Y Item# Description Qty Unit Cost Extended 039— Tax Grantee/State 1 0.00 0.00 213 Tax Grantee/Local 1 0.00 0.00 035 VOF 1 1.00 1.00 301 Clerk 1-10 Pages 1 14.50 14.50 145 VSLA 1 1.50 1.50 106 TTF 1 5.00 5.00 Document 1 22.00 Grand Total 22.00 Cash -22.00 Balance 0.00 Customer Cony Document prepared by: KaneJeffries,LLP Patrick D. Carolto(VSB#70871) Parcel ID Nos. 03200-00-00-041D6(burdened parcel) 03200-00-00-041D5 (benefited parcel)` THIS DEED OF EASEMENT,dated September2'4 ,2018,by and between HOLLYMEAD CORNER,LLC,a Virginia limited liability company(hereinafter"Hollymead"),index as Grantor, and HTC HOTEL,LLC,a Virginia limited liability company(hereinafter"HTC"),index as Grantee. WITNESSETH : WHEREAS, Hollymead owns that parcel of land identified as"T.M. 31-41D6"containing 1.92 acres, more or less, (the "Hollymead Parcel") a portion of which is shown on a certain plat (hereinafter,the"Plat")prepared by Shimp Engineering,P.C.,entitled"HTC HOTEL:ADJACENT PARCEL IMPROVEMENTS", a copy of which is attached hereto as Exhibit A; and WHEREAS, HTC owns that parcel of land identified as "T.M. 31-41D5"containing 1.97 acres,more or less, (the"HTC Parcel")a portion of which is shown on the Plat; and WHEREAS,Hollymead has agreed to grant unto HTC a perpetual easement for parking and other improvements shown on the Plat (the"Easement Areas"), and an easement for access to and from the Easement Areas and construction and maintenance thereon; as hereinafter set forth. NOW THEREFORE, for and in consideration of the premises, and the sum of Ten Dollars ($10.00)cash in hand paid,and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Hollymead, Hollymead does grant and convey with special warranty unto HTC, the following easements: 1. Hollymead hereby grants and conveys unto HTC, its successors and assigns, a perpetual non-exclusive easement for the parking of vehicles in the Parking Spaces in the Easement Areas as shown on the Plat. This parking may be used by HTC, its guests, invitees, agents, and employees, in addition to Hollymead,guests, invitees, agents, and employees,on a first come first served basis; and 2. Hollymead hereby grants and conveys unto HTC, its successors and assigns, a perpetual non-exclusive easement within the Easement Areas to install and maintain the other improvements shown on the Plat on the Hollymead Parcel,attached hereto and marked as"Exhibit A"including,but not limited to: a. Waterlines and other water facilities; b. Sanitary sewer lines and manholes; c. Sidewalks; d. Dumpster and Dumpster Pads; e. Parking Light Fixtures, and f. Landscaping. 1 3. Hollymead hereby grants and conveys unto HTC, its successors and assigns, the perpetual right of access to and from the Easement Areas,by HTC and its guests,invitees, agents, and employees. 4. Hollymead hereby grants and conveys unto HTC,its successors and assigns,the right to construct and maintain the improvements shown on the Plat within the Easement Areas. 5. This agreement shall run with the land and be binding on any owner of the Hollymead Parcel, and shall run with the land and benefit the HTC Parcel. IN WITNESS WHEREOF,Simon Stapleton,authorized member of Hollymead Corner,LLC, a Virginia limited liability company,has executed this deed of easement on behalf of the company and all required duly authorized authority. Hollymead Corner, LLC A Virginia limited liability company By:944.43i.,_ Simon J. Stapleton, A orized Member COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Albers Erk, , to-wit: The foregoing instrument was acknowledged before me thisi 1i y of 2018, by Simon J. Stapleton, Authorized Member of Hollymead Corner, LLC,100i4s.! \��JENNllycs�,,�� 1 ,5�.s, 'ublic ': Boa; M' ommission expirestQ/31 /aka I Registration No"Ia153L NOTARY PUBuc _ • REG . 0 7275348 i ALTH FJk.‘‘. IIi�� 2 . 3. Hollymead hereby grants and conveys unto HTC, its au‘:cessors and assigns, the perpetual right of access to and from the Easement Areas, by HTC and its guests, invitees, agents, and employees. 4. Hollymead hereby grants and conveys unto HTC,its successors and assigns,the right to construct and maintain the improvements shown on the Plat within the Easement Areas. 5. This agreement shall run with the land and be binding on any owner of the Hollymead Parcel, and shall run with the land and benefit the HTC Parcel. IN WITNESS WHEREOF,Simon Stapleton,authorized member of Hollymead Corner,LLC, a Virginia limited liability company, has executed this deed of easement on behalf of the company and all required duly authorized authority. Hollymead Corner, LLC A Virginia limited liability company By: %i&- Simon J. Stapletorized Member COMMONWEALTH OF VIRGINIA CITY/COUNTY OF AI efl , to-wit: The foregoing instrument was acknowledged before me thisc ted y of 8Pptartd2.018, by Simon J. Stapleton, Authorized Member of Hollymead Corner, LLC, frO 1 t.li , \c.�ENNINcs;/,,� •till 'ublic coo; M ommission expirestO/31 /off foa ( Registration No- -1534121 NOTARY pumic : ' " REG i Q,,11 7275348 2 hEXHIBIT i A1 HTC HOTEL: ADJACENT PARCEL IMPROVEMENTS I' `; T.M.32-41D6 I \ OWNER:HOLLYMEAD CORNER LLC .a LOT LINE EX.WATER EASEMENT ' .J ` sr "3&‘ '- .: 74 ..,.. ate; r 'h, _ % A1....' .'''.,47-2 .1 CK lia' -,.f° - .745•:—.'&4,' • A r,r. --.5;riv .I ` 4e�3• -:_. (,/Y Rya j - wrl ., SIDEWALK ,r 4 /4 ar 1 1. � � ;k � I •``,. '�\ FIVE PRAGUE r •. Y ��y��\% + .`' -' 7.th?u VIBURNUM PARKING LIGHT L- r,.• :,, FIXTURE Y `r {, \ i'`� DUMPSTER .fin- r, .a:—1 -� v . - �c AND PAD(X2) d ,ar { ► .v ;, e34' '4 • t. +ga 3 c e: -'' -c< WATER EASEMENT WATERLINE ,i l .a. l k tt € `., - \\-\\\ 1\.,,, ,¢ . p -5 SEWER EASEMENT tom.` 1 . t_ f• tJ '�s11V �` __. Yt. "!1 ,I r r a, ,gtimi' y L.yy..f T ry?` 'hu SANITARY LINE ,I , "'�1 `' AND MANHOLE • 'IU a I ' - ,-r ONE ALLEE ELM `, . t, 'a " ''• : 'AA" (2) i (3) q .s L� M 1; t 1� t (3)POSSIBLE PARKING �/ .�,c� LOCATIONS ACSA BLANKET j av r.;SI II IllEIV - v -. �...•'i' EASEMENT t� -• ' " ' A1 a, s T.M.32-41115 01 4 OWNER:HTC HOTEL,LLC Atli t �.i`ek O - 1 • I I • A 1"=20'N lir IP eV ...' • SHIMPENGINERING, PC, ENGINEERING-L9NDPLANNING•PROJECT MANAGEMENT 201 E MAIN ST, STE M PHONE, (434) 227-5140 CHARLOTTESVILLE, VA 22002 JUSTINOSHIMP—ENOINEEPINO.COM . . c\ sHimp PROJECTCIVIL MANAGEMENTENGINEERING LAND PLANNING ENGINEERING . March 8`h, 2019 Paty Saternye, County of Albemarle Department of Community Development 401 McIntire Road, North Wing Charlottesville, VA 22902 Regarding: SDP 201700070 HTC Hotel—Comfort Inn—Final Site Plan Dear Ms. Saternye, Thank you for your review of the Final Site Plan for HTC Hotel. We have reviewed and revised the plan per your most recent comments dated December 13, 2019. See below for detailed responses to each of your comments. 7.(II)(Rev. 3) Comment not fully addressed. Revise the parking calculations on the cover sheet to specify 81 spaces are required. The parking calculation on the coversheet has been revised to specify 81 hotel units, 81 parking spaces required and 81 parking spaces provided. 10.a.(I)(Rev. 3) Comment not yet addressed. The date, the only plat submitted is for ACSA utilities and does not appear to include other required easements. An easement is required for the light, and the electrical line going to the light, since it is on an adjoining property. A deed of easement for the adjacent parcel improvements has been recorded. A copy of the deed of easement has been provided for reference along with the recording receipt. The recorded deed of easement will be provided when available. 15.c. If there continues to be improvement, and not just easements, shown on the adjoining parcel include the adjoining property owner in the owner/developer area of the cover sheet. The adjoining property owner has been included on the cover sheet. 16.(Rev. 3) Comment not fully addressed. See attached comments from the reviewers. ACSA comments state, "SDP-2017-70 HTC Hotel—Comfort In —Final is currently under review. The ACSA has provided us with a final comment regarding submission of a Sanitary Sewer Agreement. A copy of the agreement has been provided for your reference. A hard copy with original signatures will be provided to ACSA for signature and approval by the ACSA Executive Director. Page 1 of 2 32.a. Ensure that the site plan matches the proposed easement plats (ACSA and Offsite easements). The site plan has been revised to include all deed book and page number references for each easement. We have ensured that the easements match between the site plan and the plat. 32.b. One of the two existing water line easements is not labeled in the existing conditions sheet. Label the waterline easement that is recorded on DB 2678 PG 405. The missing waterline easement has been labeled on the existing conditions sheet. 35. Show the existing power line easement recorded at DB 4889 PG 109 in both the existing conditions sheet and the proposed site plan sheets. The power line easement, DB 4889 PG 109, has been added to the existing conditions sheet and the proposed utility plan sheet. 36. Label the existing Building Restriction Area easement recorded at DB 2678 PG 437 in both the existing conditions sheet and the proposed site plan sheets. The Building Restriction Area easement has been included on the proposed utility plan sheet as well as the existing conditions sheet. 37. Revise the "Total Building SF" specified under Proposed Uses on the cover sheet to match the "Total Building SF" under "Building Height & SF" also on the cover sheet. The building SF labels have been revised to show a total of 45,094 SF, 14,440 sf on the first floor, 15,327 SF on the second floor and 15,327 on the third floor. If you have any questions or concerns about these revisions please feel free to email me at Michael@shimp- engineering.com or call us at (434) 227-5140. Best Re Michael Chandler Shimp Engineering, P.C. Page 2 of 2