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HomeMy WebLinkAboutSUB201300181 Review Comments Final Plat 2014-01-07/ R COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virgin a 22701 Charles A. Kilpatrick, P.E. Commissioner April 29, 2014 Mr. Christopher Perez Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SUB - 2014 -00049 Dear Mr. Perez: We have reviewed the final plat for Stonewater Subdivision, Block A, Lots 35 thru 42 and Block B, Lots 43 thru 48 dated March 10, 2014 as submitted by Kirk Hughes & Associates and offer the following comments: 1. In order to accommodate a potential traffic signal at the intersection of Rio Road and Penfield Lane, the right -of -way on Lots 42 and 43 should be revised to match the right - of -way shown on the attached detail. If you need additional information concerning this project, please feel free to contact me. Sincerely, -1 AA1 Troy Austin, P.E. Area Land Use Engineer Culpeper District WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, vrgina 22701 Charles A. Kilpatrick, P.E. Commissioner April 29, 2014 Mr. Christopher Perez Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SUB - 2014 -00049 Dear Mr. Perez: We have reviewed the final plat for Stonewater Subdivision, Block A, Lots 35 thru 42 and Block B, Lots 43 thru 48 dated March 10, 2014 as submitted by Kirk Hughes & Associates and offer the following comments: 1. In order to accommodate a potential traffic signal at the intersection of Rio Road and Penfield Lane, the right -of -way on Lots 42 and 43 should be revised to match the right - of -way shown on the attached detail. If you need additional information concerning this project, please feel free to contact me. Sincerely, -1 AA�' Troy Austin, P.E. Area Land Use Engineer Culpeper District WE KEEP VIRGINIA MOVING 14` Iwo'l;_s t da COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 Charles A. Kilpatrick, P.E. Commissioner May 19, 2014 Mr. Christopher Perez Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SUB - 2013 -00181 Stonewater — Penfield Lane Right of Way Vacation SUB - 2014 -00049 Stonewater Townhomes Subdivision Plat Dear Mr. Perez: We have reviewed the final plat vacating the existing right of way along Penfield Lane dated 1219113 with revisions dated 314114 and 4129114 and the final plat for Stonewater Subdivision, Block A, Lots 35 Thru 42 and Block B, Lots 43 Thru 48 dated 3110114 with revisions dated 4129114 as submitted by Kirk Hughes & Associates. Both plats appear to reflect right of way as agreed to by Traffic Engineering as being adequate to accommodate a potential traffic signal at the intersection of Penfield Lane and Rio Road. VDOT has no objection to the proposed plats as submitted. If you need additional information concerning this project, please feel free to contact me. Sincerely, Troy Austin, P.E. Area Land Use Engineer Culpeper District WE KEEP VIRGINIA MOVING Community Development Document Review County Attorney's Office fa- TO: l_Arsi 6 'e..5-e2 PROJECT NUMBER Sf)0 2013 -tom 1i1 c) r\f2.;3a. You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination Other: The document: is approved ' is conditionally approved with minor edits shown on the attached or noted in the comment below i onditionally approved and ready to be circulated for signatures and acknowledgements j is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: :Signatures or acknowledgement need to be redone(see comment below) :Legal description needs to be revised(see comment below) :Other(see comment below) Comment & rre d- 1-e_ MP etk 497 cif .pctstC_ 4 j -co r red- `f 1, flcvE. kvEle.,_ tv ti•e, k cjc l rl c n pff-ibn • If the document is approved,was submitted with the applicants'signatures,and is one to which the County is a party,signatures indicating this office's approval as to form and the County Executive's approval or acceptance on . behalf of the County are provided.If the document did not include the applicants'signatures,a final version of the document with the required signatures may now be submitted. 41141 .4....t11 Date: (J t t Gre: 'eirlitn Dep, ' gun,, Att'rney Review Comments Project Name: Stonewater - Final Final Plat Date Completed: JMonday, April 07, 2014 Reviewer: Christopher Perez Department /Division /Agency: CD Reviews From: Christopher Perez Sent: Monday, April 07, 2014 2:58 PM To: 'Kirk Hughes' Cc: 'Schweller, Lori H.' Subject: RE: SUB2013 -181 Stonewater right of way vacation plat Kirk, With regard to the applicable legal documents which are to be set to record with the plat: it appears that I have received the County Attorney's approval for them all (as of a couple minutes ago). I find the only pending item remaining on this plat is VDOT's approval. At this time I still have not received VDOT's approval. Once I receive their approval we can move forward. Christopher P. Perez I Senior Planner Department of Community Development JCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 Review Status: No Objection Review Comments Project Name: Stonewater - Final Final Plat Date Completed: Tuesday, April 01, 2014 Reviewer: Dan Mahon Department /Division /Agency: Parks Reviews As of 4 -7 -14 the Greenway easement was revised to truely be an easement for public use to be built and maintained by the applicant. Thus the below issue has been resolved. 4 -1 -14 With regard to the Greenway Trail Easement Deed of Dedication question about 3A and who should build and maintain it. As of today I have received word from Dan Mahon of Parks and Recreation and discussed this issue with David Benish. We're all in agreeance that the County should not be responsible to build this sidewalk; rather the County is ok with maintaining it once it's built because it'll be used for the public access to the Greenway trail. But all in all the County should not be responsible to build the 10' sidewalk. Thus as you suggested the language in that easement should be revised appropriately. Please relay this information to the applicant in their required revisions to the deed. If they have questions they can surely call me and I'll explain the above to them. "3. ESTABLISHMENT AND MAINTENANCE OF THE GREENWAY. The Grantee shall have the right to establish and maintain at its expense a Greenway within the Easement, as follows: A. Public access trail. The Grantee may establish and maintain, in its sole discretion, a conventional sidewalk, or either Class A or Class B trails as set forth in the County's Design Standards Manual. The trail or sidewalk shall be available for pedestrians and bicyclists." Review Status: See Recommendations Community Development Document Review County Attorney's Office TO: (J' r 5 Pe re PROJECT NUMBER: 5'- ry\e You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination ✓ Other: �j 1 h t- t S VrAt C CCc sem.erJ The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements ✓ is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) :Legal description needs to be revised (see comment below) : Other (see comment below) Comment: M,(`np lr t'� +j et4t l c ect tr i P 5 lover. en, p. 2 If the document is approved,was submitted with the applicants' signatures,and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures, a final version of the document with the required signatures may now be submitted. i4.4 Date: 8-37 // t-f Gre .OD tner De. unty 'tt• ey Community Development Document Review County Attorney's Office TO: aeuri 5 Pre_ PROJECT NUMBER: C?"1 UY1 fiz e t You have requested that our office review the attached development document identified below: uh Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination Other: The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) : Legal description needs to be revised(see comment below) : Other (see comment below) Comment: WADY e4 it3 •1-0 kj ) (c°_SG r l ption s l'Io u)n © e• If the document is approved,was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures,a final version of the document with the required signatures may now be submitted. 4144_ I.._ 4 Date: a ?/.262/./ Lf Gre t: . k er Dep , Co my ' tt.j ey Christopher Perez From: Christopher Perez Sent: Wednesday, March 26, 2014 6:08 PM To: 'Scott Collins'; 'Kirk Hughes' Cc: 'Lori Schweller' Subject: STONEWATER_SDP-2013-67, SDP-2014-47,SUB2014-49, SUB2013-181 Attachments: CD3 Final Site Plan Stonewater TH Comments 3-26-14.pdf; CD3 3-24-14 SUB2013-181.pdf; CD1 STONEWATER Revised road plan_Comments 3-26-14.pdf; CD1 3-26-14 SUB2014-49 Stonewater Final Plat.pdf Scott, SDP-2013-67 Stonewater Townhomes Site Plan- Final - Comments are attached, titled: "CD3 Final Site Plan Stonewater TH Comments 3-26-14". These comments are also provided in Countyview. SUB-2014-47 Stonewater—Revised Road Plans - Comments are attached,titled: "CD1 STONEWATER Revised road plan" . These comments are also provided in Countyview. Kirk, SUB2014-49 Stonewater- Final Plat - Comments are attached,titled: "CDI-3-26-14 SUB2014-49 Stonewater Final Plat". These comments are also provided in Countyview. 4,04 ,$ Kirk/Lori, .4 b .y ijkg A I ,40•734, Comments are attached, titled: "CD3-3-24-14 SUB2013-181". These original comments are also provided rte in Countyview. * Based on the review of the townhomes' final site plan(SDP2013-67)which commenced today, staff has an additional comment (Comment#23 —see below) which can either be addressed on SUB2013-181 OR SUB2014-49 Final Subdivision Plat, OR on another plat unrelated to the two mentioned. Regardless this comment must be addressed prior to the the townhomes' final site plan approval. I'm CCing you to start the conversation with Scott on how it shall be resolved. It appears that Lori Schweller's March 25th email w/her attached DRAFT/unrecorded `Second Amendment to Stonewater Declaration of Covenants and Restrictions and Easements' will adequately cover the maintenance agreement portion of my comment,pending County Attorney approval of the document; however, now we need to assure the required Landsca.e Easements subject of my Comment#23 are depicted on one of the two • = - -n io -• .�'�'a UB20 - : i ° ! 4-49) and set to record w/Lori's `Second Ame s @ - -nt to Stone . er coy and restric'... rior to the final site p an approved. 4-0 34 ©vv. y i^� 15 4,.. "SDP2013-67 Comment#23) [32.7.9.9(d , '. . - , . .•. - • .• an 'amtenance o 'equzre• Landscaping and Screening. For the required screening along Rio Road and Penfield Lane provide the y, dimensions of the landscape easements that these plantings are to be located in and label them on the plan. Also, prior to final site plan approval the easements shall be set to record with a maintenance agreement approved by ore rvrr he County Attorney. Prior tinal site plan approval on the plan provrc,withe Deed Book and Page reference number of these recorded easements. Staff suggests the applicant depict these easements on the Right of Way Vacation plat (SUB2013-181) or the final subdivision plat(SUB201400049). Also assure to provide a maintenance agreement for the County Attorney to review OR assure that the previous Covenants and Restrictions document covers the additional landscaping easements and then set that plat and legal document to record. " a'ilristtp he= r Pet er;Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville.VA 22902 434.296.5832 ext.3443 2 JIn County of Albemarle Department of Community Development Memorandum To: Kirk Hughes From: Christopher P. Perez- Senior Planner Division: Planning Services Date: March 24, 2014 Subject: SUB2013000181 Stonewater right of way vacation plat The County of Albemarle Division of Planning Services 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): 1) [Comment] It appears that all platting issues have been addressed at this time. 2) [Comment] Planning staff is awaiting the County Attorney's review/ approval of various legal documents related to the plat prior to approval of the plat, to include: 1) Parcel A -3 B -3 Deed of Dedication 2) Parcel A -1 Greenbelt Easement Deed of Dedication 3) Deed of Vacation of Street Dedication 4) DOE Deed of Easement B -1 and A -1 5) Sight Distance Easement B -1 and A -1 6) Certificate of Plat private San Sewer Easement through Lot 26 amended 3) [Comment] Note #17 on SUB2014 — 00049 Stonewater — Final Plat (townhomes lots 35 -48) needs to be revised to provide the correct deed book and page reference number of the private maintenance agreement for the landscape and maintenance agreement within Parcel B -1. Email correspondence between Steven Blain and yourself indicate that the existing maintenance agreement for Stonewater covers this improvement. If this is the case provide the deed book and page reference number of that document on both plats. The County Attorney will need to weigh in to assure that it truly is covered. If the above is not the applicant's intent, then a maintenance agreement shall be provided for this improvement and the County Attorney shall review it. Please clarify. 4) [Comment] Also, Dan Mahon of Parks and Recreation has been forwarded the draft Greenbelt Easement deed of dedication and associated plat for review/ approval. Once his review is complete staff will forward his findings (if any). 5) [Comment] This plat cannot be approved until VDOT has approved the plat. VDOT's approval is pending, see their attached comments. on Please contact Christopher P. Perez at the Department of Community Development 296 -5832 ext. 3443 for further information. OL CC].NIZ'VIaNWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 Charles A. Kilpatrick, P.E. Commissioner March 19, 2014 Mr. Christopher Perez Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SUB - 2013 -00181 Stonewater -- Right of Way Vacation — Final Plat Dear Mr. Perez: We have reviewed the final plat showing right -of -way vacation along Penfield Lane in the Stonewater development dated 1219/13 with revisions dated 3/4!14 as submitted by Kirk Hughes and Associates and offer the following comments: 1. The final plat appears to agree with the site plan under review for Stonefield Townhomes, 2. Prior to approval, we need verification from our Traffic section indicating that the proposed right -of -way at the intersection of Penfield Lane and Rio Road is adequate for the installation of traffic signal equipment should it be warranted. This review by Traffic is currently underway. If you need additional information concerning this project, please feel free to contact me. Sincerely, Troy ustin, P.E. Area Land Use Engineer Culpeper District WE KEEP VIRGINIA MOVING M� COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 Charles A. Kilpatrick, P.E. Commissioner February 25, 2014 Mr. Christopher Perez Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SUB - 2013 -0018 — Stonewater Right -of -Way Vacation - - Final Plat Dear Mr. Perez: We have reviewed the final plat showing the vacation of right -of -way on Penfield Lane Dated December 9, 2013 with revisions dated 2110114 as submitted by Kirk Hughes & Associates and offer the following comments: 1. A drainage easement is necessary for the existing drop inlet on the north side of Penfield Lane near the intersection with Treesdale Way. 2. The final plat appears to agree with the site plan under review for Stonefield Townhomes. 3. Prior to approval, we need verification from our Traffic section indicating that the proposed right -of -way at the intersection of Penfield Lane and Rio Road is adequate for the installation of traffic signal equipment should it be warranted. If you need additional information concerning this project, please feel free to contact me. Sincerely, Troy ustin, P.E. Area Land Use Engineer Culpeper District WE KEEP VIRGINIA MOVING Christopher Perez From: Alex Morrison [ amorrison @serviceauthority.org] Sent: Friday, February 21, 2014 8:07 AM To: Christopher Perez Cc: 'Kirk Hughes' Subject: RE: SUB201300181: Stonewater - Right of Way Vacation - Final Plat Chris, I have reviewed the re- submittal of the above referenced plat. The ACSA has no further comments and hereby approves the plat. Alexander J. Morrison, EIT Civil Engineer Albemarle County Service Authority 168 Spotnap Road Charlottesville, Virginia 22911 (0) 434 - 977 -4511 Ext. 116 (F) 434 - 979 -0698 From: Kirk Hughes [mailto:kirk(aOkhals.net] Sent: Thursday, February 20, 2014 10:44 AM To: 'Alex Morrison' Cc: Christopher P. Perez Subject: RE: SUB201300181: Stonewater - Right of Way Vacation - Final Plat Hello Alex, I've attached my revised plat for your review and approval. Also, I'm addressing your final comments below. 1. During our plan review, we are requiring the relocation of most of the water meters. The plat should reflect those changes.(I'll address this concern with the final plat for the townhomes.) 2. There currently is a sanitary sewer main that crosses Penfield Lane. With the removal of some public right -of -way, the plat should add easements to cover this sewer main.(made change to the plat) 3. The sanitary sewer easement associated with Block B needs to be extended to the property line with Stonehenge. (I'll address this concern with the final plat for the townhomes.) I trust the above plat adequately addresses your concerns. If you have any questions regarding the above, please do not hesitate to contact me. Thanks for your assistance. Kirk Kirk Hughes, L.S. Principal ICI I&A Kirk Hughes & Associates Land Surveyors & Planners 220 East High Street Charlottesville, VA 22902 (434) 296 -6942, Ext.108 (434) 295 -7540 Fax kirKDOals.net httP: / /goo.gI /maps /81afD APlease consider the environment before printing this email. From: Alex Morrison [mai Ito: amorrison(a serviceauthority.org] Sent: Thursday, January 30, 2014 2:11 PM To: kirk( khals.net Subject: FW: SUB201300181: Stonewater - Right of Way Vacation - Final Plat Alexander J. Morrison, EIT Civil Engineer Albemarle County Service Authority 168 Spotnap Road Charlottesville, VA 22911 [434] 977 -4511 Ext. 116 (0) [434] 979 -0698 (F) , Please consider the environment before printing this email. From: Alex Morrison [ma i Ito: amorrison(a serviceauthority.org] Sent: Thursday, January 16, 2014 12:13 PM To: cperez('Oalbemarle.org Subject: SUB201300181: Stonewater — Right of Way Vacation — Final Plat COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Dear Chris : The Albemarle County Service Authority (ACSA) has received and reviewed the plan /document /project described above. Attached is the ACSA comment sheet with any relevant comments and concerns we may have regarding the plan /document /project. Please feel free to contact me at the number below with any comments or questions you may have about the attached ACSA comment sheet. Thank you. Alexander J. Morrison, EIT Civil Engineer Albemarle County Service Authority 168 Spotnap Road Charlottesville, VA 22911 [434] 977 -4511 Ext. 116 (0) [434] 979 -0698 (F) AlbemffIs County Service Authority sag 4 come�g_ 04 Please consider the environment before printing this email. Christopher Perez From: Christopher Perez Sent: Tuesday, February 18, 2014 12:40 PM To: 'Kirk Hughes'; 'Scott Collins' Cc: Steve Blaine; 'Lori Schweller'; 'Charlotte Harper'; 'Hunter Craig' Subject: RE: Stonewater ROW Vacation Survey SUB2013000181 Kirk, For parcel B-1, I do not believe so. It should be in a private maintenance easement. Christopher P. Perez;Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Kirk Hughes [mailto:kirk @khals.net] Sent: Tuesday, February 18, 2014 10:46 AM To: Christopher Perez; 'Scott Collins' Cc: Steve Blaine; 'Lori Schweller'; 'Charlotte Harper'; 'Hunter Craig' Subject: RE: Stonewater ROW Vacation Survey SUB2013000181 Chris, Item#12 . Should the Landscape& Sidewalk Maintenance Easements over Parcel B-1, also be dedicated to public use. Thanks, Kirk From: Christopher Perez [mailto:cperez albemarle.orq] Sent: Tuesday, February 18, 2014 9:55 AM To: Kirk Hughes; Scott Collins Cc: Steve Blaine; Lori Schweller; Charlotte Harper; Hunter Craig Subject: RE: Stonewater ROW Vacation Survey SUB2013000181 Kirk, Attached is the review of SUB2013-181. Christopher P.Perez!Senior Planner Department of Community Development 1County of Albemarle. Virginia 401 McIntire Road!Charlottesville,VA 22902 434.296.5832 ext.3443 From: Kirk Hughes [mailto:kirk @khals.net] Sent: Monday, February 10, 2014 4:01 PM To: Scott Collins Cc: Steve Blaine; Lori Schweller; Christopher Perez; Charlotte Harper; Hunter Craig Subject: Stonewater ROW Vacation Survey SUB2013000181 Hello All, I'm attaching my revised plat in PDF form highlighting my revisions and additions. Also, Quin hand carried copies to Chris Perez today. 1 I trust the above plat adequately,dresses your concerns. If you have aryquestions regarding the above, please do not hesitate to contact me or my office. When all your concerns have been addressed please notify this office. Thanks, Kirk Kirk Hughes, L.S. Principal KIRA Kirk Hughes&Associates Land Surveyors&Planners 220 East High Street Charlottesville,VA 22902 (434)296-6942,Ext.108 (434)295-7540 Fax kirk @khals.net http://goo.gl/maps/81afD hA Please consider the environment before printing this email. 2 �I.11111��� County of Albemarle Department of Community Development Memorandum To: Kirk Hughes From: Christopher P. Perez- Senior Planner Division: Planning Services Date: February 18, 2014 Subject: SUB2013000181 Stonewater right of way vacation plat It appears that the partial vacation of the right -of -ways can be approved administratively per provisions laid out in Section 14 -212.2 Depending on whether this vacation is eligible to proceed under Virginia Code 15.2 -2271 or 15.2 -2272. Section 15.2 -2271 applies when a lot has not been sold. Section 15.2 -2272 applies when at least one lot in tb- subdivismn has been sold. It appears that some of the lots in the subdivision have been sold. Please address the following comments: 1) [Comment] A Declaration of Vacation should be developed and recorded with the vacation plat. Provide a Declaration of Vacation for the County Attorney to review/ approval. For your convenience attached is a sample declaration. Rev 1. The County Attorney has been forwarded the draft Declaration of Vacation for review/ approval. Once his review is complete staff will forward his findings. Please note that throughout the Declaration a minor typographical error was found: Treesdale was consistently misspelled. Also, in support of Mr. Blaine's discussion of State Code 15.2 -2270, staff agrees that the portion of public right of way being vacated on Penfield Lane was not Dedicated to Public Use via Stonewater's final subdivision plat; rather, the portion being vacated was actually Dedicated to Public Use through a Deed of Dedication and plat, DB3932 -493. Upon my reading of Virginia Code 15.2 -2270 it appears to qualify as Treesdale's rezoning ZMA2004 -22 Proffer 2B required road improvements on Rio Road trough Stonewater property for purposes of a traffic signal at Rio and Penfield when/if warranted. Thus Treesdale's final site pan (SDP2010 -13) depicts Penfield Lane as a public street connection for Treesdale. As does Stonewater's site plans for the Townhomes to be build on Block A and Block B. Staff is awaiting word from the County Attorney as to whether the above qualifies to proceed under Virginia Code 15.2 -2270. Once his review is complete staff will forward his findings. 2) [Comment] - Treesdale Way (private rd) was originally platted on DB3932 -493 and the Deed of Easement was recorded in DB3932 -505. Notably this Deed of Easement provides for Albemarle Housing Improvement Program (AHIP) a perpetual easement over the right of way labeled as: Treesdale Way 52' private Access Easment to benefit TMP 61 -182. Thus the owner of TMP 61 -182 (Treesdale) must also agree to the vacation as this is also their access. Please add this owner to the Declaration of Vacation. Rev 1. Comment addressed. 3) [Comment] - There is a Private Road Maintenance Agreement for Treesdale Way, which was recorded in DB 3932 -516. This will also need to be revised being it references the 52' right of way. Treesdale would also need to be parry to /sign this revised Road Maintenance Agreement. Provide a revised private road maintenance agreement for County Attorney review/ approval. Also, it appears that the Deed of Easement mentioned in comment #2 above would also need to be revised. Rev 1. Comment appears to be addressed in the Declaration of Vacation. Awaiting County Attorney review of the document. 4) [Comment] As noted in the sample Declaration of Vacation the lien creditors of the signatories whose debts are secured by a recorded deed of trust or mortgage are also required to sign the Declaration of Vacation. Rev 1. Comment appears to be addressed through use of State Code 15.2 -2270 and in the Declaration of Vacation. Staff is awaiting word from the County Attorney as to whether the above qualifies to proceed under Virginia Code 15.2 -2270. Once his review is complete staff will forward his findings. 5) [Comment] Note #13 and 14 specify that parcel A -1 and B -1 are reserved for future ...easements. However staff believes these easements should be set to record with this plat. Revise to show these easements and provide a maintenance agreement for the green belt trail, sidewalks, and landscaping strips. The County Attorney will be required to review/ approve the document before approval of the plat. Rev 1. Upon staff s review of the original Declaration of Covenants for the Stonewater Subdivision (DB4343 -626) it does not appear these two improvements are covered by existing maintenance agreements. Staff has requested the County Attorney weight in on this prior to moving forward as these two improvements must have some type of maintenance agreements associated with them as they are being added to Block A and Block B (private property). 6) [14- 303(A)] Statement of consent to division. Changes to the State Code and to the County of Albemarle Subdivision Ordinance require changes to the consent to division statement. Please revise the statement to read: "The platting or dedication of the following described land [insert correct description of the land subdivided] is with free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any. " Revise plat. Rev 1. Comment not addressed. 7) [14- 302(A)(15)] Identification of all owners and certain interest holders. On the plat provide the names and addresses of each owner of record and holder of any easements affecting the property. Rev 1. Comment addressed. 8) [14- 303(0)1 Sheet 1, above the Agent's signature panel either remove "SUB2013 " or complete this section with "SUB2013 -181 ". Revise plat. Rev 1. Comment addressed. 9) [14- 302(B)(1)] General Information. When the plat is revised, please provide the date of the last revision on the plat. 10) [Comment] The approved road plan (SUB200700077) will need to be revised prior to final subdivision plat approval for the townhomes. When revised assure that the road plan and final site plan for the townhomes match. This comment is not meant to be addressed with this vacation plat rather it is for informational purposes and, for_ future submittal and review of final subdivision plat for the townhomes. Rev 1. Comment for information purposes. 11) [Comment] Engineering has reviewed the plat and provides the following comment: "I believe it is in the best interest of the public to have the sidewalks in the right -of -way, and 2 publicly maintained, on a public street like Penfield Ln. The alternative is a legal agreement for private sidewalk maintenance, which puts the burden on future owners. " Rev 1. Comment for information purposes. 12) [New Platting Comment] "Parcel A -1 Greenbelt Trail Access, landscape and sidewalk maintenance easement" should this be dedicated to public use as this is an extension of the existing 30' Greenway Access Trail which was previously dedicated for public use. Depict this on the plat. Also, staff is seeking guidance from the County Attorney as to whether the easement should be provided with a Deed of Dedication, similar to what was done for the existing portion of the trail in Open Space A within Stonewater OR if the existing deed will suffice. 13) [Comment] Comments from VDOT are pending. Once received they will be forwarded to the applicant. 14) [Comment] Comments from ACSA are pending. Once received they will be forwarded to the applicant. Please contact Christopher P. Perez at the Department of Community Development 296 -5832 ext. 3443 for further information. ,0rr vfte Christopher Perez From: Austin, Nathran. (VDOT) [Nathran.Austin @vdot.virginia.gov] Sent: Friday, February 07, 2014 11:34 AM To: Kirk Hughes Cc: Scott Collins; Megan Yaniglos; Christopher Perez Subject: RE: Stonewater Kirk and Scott, I just met with the traffic signal folks from NWRO concerning this right-of-way. The proposed right-of-way for the signal is not going to be adequate for the signal equipment. In addition,with not having a design in place,we will need right- of-way on the north side of Penfield Lane as well. They are going to provide me a detail showing the area that they need available for a signal, hopefully next week. Kirk, I don't believe that Rio is a primary road, so the right-of-way would not be dedicated to the Commonwealth. I sure that Penfield is not. Troy Austin, P.E. Area Land Use Engineer Virginia Department of Transportation Land Development—South Culpeper District P.O. Box 1017 Troy,VA 22974 Phone: (434) 589-5871 Fax: (434) 589-3967 From: Kirk Hughes [mailto:kirk@ khals.netl Sent: Friday, February 07, 2014 11:15 AM To: 'Scott Collins'; Austin, Nathran. (VDOT) Cc: 'Blaine, Steven W.' Subject: RE: Stonewater Scott/Nathran, My prior plat dedications for Rio Rd. and Penfield Ln. have been for public use. If I understand correctly VDOT is requesting this r/w be dedicated to the Commowealth of Virginia Department of Transportation. Nathran do you have any notes or language that are required on my plat? Should you have any questions please contact me. Thanks, Kirk Kirk Hughes, L.S. Principal KI i Kirk Hughes&Associates Land Surveyors&Planners 220 East High Street Charlottesville,VA 22902 (434)296-6942,Ext.108 1 (434)295-7540 Fax kirk@khals.net http://goo.gl/maps/81afD Please consider the environment before printing this email. From: Scott Collins [mailto:scott@>collins-engineering.com] Sent: Friday, February 07, 2014 10:19 AM To: Austin, Nathran. (VDOT) Cc: Kirk Hughes; rob@ khals.net Subject: Stonewater Troy- Thanks for taking the time to catch up with me about Stonewater yesterday. As discussed,you would like the stoplight and controls to be in VDOT r/w in lieu of an easement. Attached is an updated plan for the dedication of VDOT r/w for the future stoplight. Please let me know if this is acceptable. Kirk Hughes will include this on his vacation plat that is currently under its final round of review. Thank you. Scott Collins 434-293-3719 2 'vrr' rr` Christopher Perez From: Greg Kamptner Sent: Monday, January 27, 2014 8:44 AM To: Christopher Perez Cc: David Benish; Megan Yaniglos Subject: RE: Stonewater Final Plat SUB 2013-181 Sure. If the prerequisites for vacation under VC 15.2-2270 exist,then that is the way to proceed.The assumption had been that it was part of a subdivision plat. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: Christopher Perez Sent: Sunday, January 26, 2014 3:34 PM To: Greg Kamptner Cc: David Benish; Megan Yaniglos Subject: Stonewater Final Plat SUB 2013-181 Greg, For the stone water right of way vacation plat (SUB 2013-181) please review what the applicants Attorney's statements below(email 1-10-14) as he believes that we're utilizing the incorrect section of the state code to process the application. Please weight in on whether or not he is correct and if we should process it utilizing the portion of state code he mentioned in his email below. Thanks Christuphea P. Perez j Senior Planner Department of Community Development (County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Friday, January 10, 2014 11:30 AM To: 'Blaine, Steven W.' Cc: Greg Kamptner Subject: RE: Stonewater Final Plat SUB 2013-181 Steven, I received your email below. I plan to discuss your comments with Greg and will get back to you. Thanks Chri�topher P. Perez Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road 1 Charlottesville.VA 22902 434.296.5832 ext.3443 From: Blaine, Steven W. [mailto:Steven.BlaineOleclairryan.com] Sent: Friday, January 10, 2014 11:06 AM 1 *.r To: Christopher Perez err ‘t.✓ Cc: Scott Collins; Hunter Craig; Greg Kamptner; Kirk Hughes (kirk(@khals.net); Schweller, Lori H. Subject: RE: Stonewater Final Plat SUB 2013-181 Thanks Chris for your comments. Those which involve the Deed of Vacation of Street Dedication, I would like to respond to as follows: 1. Attached is a Deed of Vacation which is already being circulated for signature. I sent this draft to Greg Kamptner by email on December 30. I believe the Vacation is actually governed by Va. Code Section 15.2-2270. The public right of way was granted by separate instruments (Deed of Dedication) and not with a Plat of Subdivision;and pursuant to site plan approvals previously granted.The private easements do not need to be vacated pursuant to a statute. As such, we are not vacating the subdivision plat. Therefore, owners of other lots in Stonewater, besides the Declarant,do not have to join in the instrument. 2. The attached Declaration covers the easement recorded at Deed Book 3932-505. It is already being circulated for signature by Tresdale,the successor to AHIP. 3. Similarly,the attached Declaration covers the easement recorded at Deed Book 3932-516 and is being circulated for signature by Stonehenge. 4. There is no need to obtain consent from the lenders who have a deed of trust secured by the unsold Stonewater parcels. The lien of the deed of trust is already subject to the public right of way dedication and to the private easements.Vacating a portion of such right of way(s) does not require the lender's consent. Indeed,the vacation enhances the lender's collateral. If we were vacating a portion of a lot however,you are correct that the lenders' consent would be necessary. 5. The maintenance of the green belt trail (to the extent that it is on common area) is covered by the Declaration of Covenants for the Subdivision.Which Declaration has already been reviewed by the County(for the first subdivision). [I can send you a copy of the recorded instrument if you need it.] Maintenance of the dedicated portion of course is governed by the recorded dedication agreement with the County, also attached. I am not certain what other easements need to be reserved and would ask Kirk Hughes if the notes 13 and 14 are necessary. The Declaration reserves future easements to the Declarant, but we do not yet know what those may be so that there nothing else at this point to put to record. 6. Comments 6-13 I'll leave for Kirk or Scott Collins to respond. Thanks again. Steven W. Blaine Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville,Virginia 22902 (434)245-3423 Direct (434)296-0905 Fax (804)248-8715 Mobile Steven.Blaine aC�.leclairrvan.com http://www.leclairrvan.com Please consider the environment before printing this email. From: Christopher Perez [mailto:cperez@ albemarle.orq] Sent:Thursday, January 09, 2014 5:15 PM To: Kirk Hughes 2 Newe Cc: Scott Collins; Blaine, Steven W.;y * ter Craig -+r° Y.rp Subject: RE: Stonewater Final Plat SUB 2013-181 Kirk, I have completed my review of the above referenced plat.Attached are the comments and sample Declaration of Vacation. Once ACSA provides me their comments I will forward them to you. Thanks. christhithur Senior Planner Department of Community Development (County of Albemarle,Virginia 401 McIntire Road!Charlottesville,VA 22902 434.296.5832 ext.3443 From: Kirk Hughes [mailto:kirk(akhals.net] Sent: Wednesday, January 08, 2014 10:06 AM To: Christopher Perez Cc: Scott Collins; 'Blaine, Steven W.'; Hunter Craig Subject: Stonewater Final Plat SUB 2013-181 Hi Chris, I see on Countyview that the staff review comments was due yesterday. I'm working on the drafting scheduling at this end. When can I expect your final comments? Thanks. Happy New Year. Kirk Kirk Hughes, L.S. Principal Kirk Hughes&Associates Land Surveyors&Planners 220 East High Street Charlottesville,VA 22902 (434)296-6942, Ext.108 (434)295-7540 Fax kirk(c khals.net http://goo.sl/maps/81 afD `' Please consider the environment before printing this email. * This e-mail may contain confidential or privileged information. If you are not the intended recipient,please notify the sender immediately by return e-mail with a copy to emailadministrator @leclairryan.com and delete this e-mail and all copies and attachments. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication(including any attachments) is not intended or written to be used, and cannot be used, for the purpose of(i)avoiding penalties under the Internal Revenue Code or(ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 3 Service Authtrity TO: Christopher Perez FROM: Alexander J. Morrison, Civil Engineer DATE: January 16, 2014 RE: Site Plan Technical Review for: SUB201300181: Stonewater — Right of Way Vacation — Final Plat Stonewater Block A & Block B (By This Plat) The below checked items apply to this site. ✓ 1. This site plan is within the Authority's jurisdictional area for: ✓ A. Water and sewer B. Water only C. Water only to existing structure D. Limited service ✓ 2. A 10 inch water line is located approximately on site). 3. Fire flow from, nearest public hydrant, located distant from this site plan, is Gpm + at 20 psi residual. ✓ 4. An 8 inch sewer line is located approximately on site). 5. An Industrial Waste Ordinance survey form must be completed. ✓ 6. No improvements or obstructions shall be placed within existing or future easements. 7. and plans are currently under review. 8. and plans have been received and approved. 9. No plans are required. ✓ 10. Final water and sewer plans are required for our review and approval prior to granting tentative approval. 11. Final site plan may /may not be signed. 12. RWSA approval for water and /or sewer connections. 13. City of Charlottesville approval for sewer. Comments: 1. During our plan review, we are requiring the relocation of most of the water meters. The plat should reflect those changes. 2. There currently is a sanitary sewer main that crosses Penfield Lane. With the removal of some public right -of -way, the plat should add easements to cover this sewer main. 3. The sanitary sewer easement associated with Block B needs to be extended to the property line with Stonehenge. 168 Spotnap Road • Charlottesville • VA 22911 • Tel (434) 977 -4511 • Fax (434) 979 -0698 www.serviceauthority.org Service Authtrity The Albemarle County Service Authority (ACSA) has no technical comments on the SUB being reviewed. Engineering comments are usually reserved for the site plan review stage. Subdivision plats should correctly show ownership of properties and existing easements. Recordation of new easements should occur before dedication to and acceptance by the ACSA. The ACSA can review the proposed subdivision plat and determine if it is included in the jurisdictional area for water and /or sewer service. Water and /or sewer connections to the ACSA system are allotted on a first come, first served basis at the time connection fees are paid. The ACSA does not reserve capacity in its system for a specific project. 168 Spotnap Road • Charlottesville • VA 22911 • Tel (434) 977 -4511 • Fax (434) 979 -0698 www.serviceauthority.org Christopher Perez From: Greg Kamptner Sent: Thursday, January 09, 2014 4:30 PM To: Christopher Perez Cc: Bill Fritz; Francis MacCall; David Benish; Megan Yaniglos; Ron Higgins Subject: RE: Stonewater ROW Attachments: declaration_of_vacation_of_part_of plat_lots_sold.doc; declaration_of_vacation_of_part_of_plat_lots_sold_sample_how_to_complete_blanks.doc Chris- Correct,other than my incorrect reference somewhere along the line to "deed" rather than "declaration"of vacation. Comments in red below,along with attached sample declaration Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: Christopher Perez Sent: Thursday, January 09, 2014 3:40 PM To: Greg Kamptner Cc: Bill Fritz; Francis MacCall; David Benish; Megan Yaniglos; Ron Higgins Subject: RE: Stonewater ROW Greg, The synopsis below in green is from our discussion at the legal meeting today. If this is not what you meant please correct me before I send my comments to the applicant tomorrow. Thanks Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Wednesday, January 08, 2014 2:22 PM To: Greg Kamptner Cc: Bill Fritz; Francis MacCall; David Benish; Megan Yaniglos; Ron Higgins Subject: RE: Stonewater ROW Greg, I'm finalizing my comment letter for Stonewater's R/W vacation plat (see your previous comments on this below) and need clarification from you on two items: 1) Does the applicant need to provide a Deed of Vacation in association with the vacation plat? We required this on the Treedale R/W vacation we processed back in 2012 but have never discussed this as a requirement during all our Stonewater discussions. I feel it's pertinent we get a Deed of Vacation with the plat, as the County currently owns the land and we need to sign it over to Stonewater. Yes, we need a Deed of Vacation to process the vacation along with the vacation plat. GK: Correct,though I probably mis-spoke when we met. It's actually called a declaration of vacation. Sample attached. 1 2) If we need a Deed of Vacation, who from the County shall be the signer? For the 2012 Treesdale vacation we had Bill Fritz sign the deed. In retrospect that doesn't seem right, as I believe it should be Tom Foley. Let me know your thoughts. The subdivision agent would be required to sign the Deed Declaration of Vacation not Tom Foley, nor the BOS. GK: Correct. 3) If a Deed of Vacation is required, then my next question is do all affected owners of the vacation truly need to sign the vacation plat or can they just sign the deed of vacation which references the plat. As state code 15.2- 2272 (1) states: "the instrument of vacation shall be acknowledged in the manner of a deed and filed for record in the clerk's office of any court in which the plat is recorded. " The affected owners would not need to sign the plat, rather they would only be required to sign the Deed of Vacation being they don't own the land being vacated or added with the plat. This deed of vacation will be set to record with the vacation plat. Notably as only 1 immediate or adjacent owner is truly affected, Treesdale LLC, they shall be required to sign the Deed of Vacation. The other two companies previously discussed: JCA & JA LLC, and Piedmont Neighborhood LP do not need to sign the Deed of Vacation or agree to the R/W modification because the lots that they own are not immediately adjoining or contiguous to the roads affected by the partial vacation, rather they are deeper in the subdivision and portion of the road which they front on are not being altered. GK: Correct, other than changing "deed"to"declaration"of vacation. Thanks for your help. Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent: Thursday, December 12, 2013 3:48 PM To: Christopher Perez Cc: Bill Fritz; Francis MacCall; David Benish; Megan Yaniglos; Ron Higgins Subject: RE: Stonewater ROW Chris- Based on the information below, I agree with you that a vacation of the portions of the roads under Virginia Code 15.2- 2272(1) is the proper procedure. The signatures of the subdivider,the other lot owners—JCA&JA LLC and Piedmont Neighborhood LP, if either is not the subdivider, also are required if either of the lots they own are immediately adjoining or contiguous to the roads affected by the partial vacation. I'm assuming that the proposed vacation does not affect access to any of the other lots. The signatures of the lien creditors of the signatories whose debts are secured by a recorded deed of trust or mortgage also are required. The signature of the Stonehenge representative is not required. Although it is less clear whether the signature of the Treesdale representative is required in this case as an easement holder(I don't know or can't recall what the deed of easement said), obtaining that signature probably is advisable, particularly because of the likely needed changes to the private road maintenance agreement and, I assume, the deed of easement. If consent by signature cannot be obtained, let me know. 2 U Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org From: Christopher Perez Sent: Monday, December 09, 2013 10:32 AM Ilk To: Greg Kamptner Cc: Bill Fritz; Francis MacCall; David Benish; Megan Yaniglos; Ron Higgins Subject: RE: Stonewater ROW Greg, I have conducted some research on how to proceed with Mr. Steven Blaine's request to vacate portions of 3 right of ways. Per your request I am sending you all my research in this email for your review and to respond to the applicant. See below which provides all the deed book page reference information for each right of way the applicant is seeking to vacate and a detailed description. Also attached is the proposed vacations in a schematic to show their proposal. It appears that the partial vacation of the right-of-ways noted below can be approved administratively per provisions laid out in Section 14-212.2 Depending on whether this vacation is eligible to proceed under Virginia Code 15.2-2271 or 15.2-2272. Section 15.2-2271 applies when a lot has not been sold. Section 15.2- 2272 applies when at least one lot in the subdivision has been sold. This section goes onto say, "In cases involving drainage easements or street right of ways where the vacation does not impede or alter drainage or access for any lot owners other than those lot owners immediately adjoining or contiguous to the vacated area, the governing body shall only require to obtain the signatures of the lot owners immediately adjoining or contiguous to the vacated area... " Thus it shall be determined if any applicable lots have been sold. If it is determine that some lots have been sold and it is determined that they must agree to the partial vacation, and the applicable owners do not agree to the right of way modifications,then the applicant can petition this to the PC and then to the BOS under 15.2-2272(2). Notably we're discussing three (3) right-of-ways proposed to be partially vacated. The roads and portions of the sidewalks are already built and are intended to remain, rather the applicant intends to reduce the right-of-way widths to omit the sidewalk and the landscape strip outside of the right of way, and place those amenities in a private maintenance agreement which will be maintained by the HOA. This land will be added back to the two blocks in Stonewater intended for townhomes to help the applicant meet their setback requirements and obtain their maximum building amounts. 1) Penfield Lane (public rd): from 69' right of way down to 44' right of way. It was originally dedicated to public use on DB3932-493. This road serves as the primary access to the lots in Stonewater. After looking at the County Real-estate records it shows that some of the lots in the development have been transferred to two companies outside of Rio Holdings (original owners of Stonewater), they would be JCA& JA LLC, and Piedmont Neighborhood LP. Do these owners need to be partied to this vacation? Also, please 4 note that the two private roads noted below(Treesdale Way and Stonehenge Way) connect to Penfield Lane and are intended to be both Treesdale and Stonehenges developments signalized access if and when a stop light is ever warranted by VDOT at Penfield's connection with Rio. Do these owners need to be partied to this vacation? 3 2) Treesdale Way (private rd): from 52' right of way down to 44' right of way. It was originally platted on DB3932-493 and the Deed of Easement was recorded in DB3932-505. Notably this Deed of Easement provides for Albemarle Housing Improvement Program (AHIP) a perpetual easement over the right of way labeled as: Treesdale Way 52'private Access Easment to benefit TMP 61-182. Thus staff believes that the owner of TMP 61-182 (Treesdale) must also agree to the vacation and sign the vacation plat for this to go through as this is their access. Also, there is a Road Maintenance Agreement for this road which was recorded on DB 3932-516. This would also need to be revised being it references the 52' right of way. Treesale would also need to be party to/sign this revised Road Maintenance Agreement. 3) Stonehenge Way (private rd): from 52' right of way down to 44' right of way. It was originally platted on Stonewater's final subdivision plat recorded DB 4364-25. I reviewed the subdivision plat and the deed/ covenants and restrictions and the owners of Stonehendge Way did not sign this document. Thus staff does not believe they would be required to be partied to sign for the reduction of the Right of way for Stonehendge Way. Christopher P.Perez I Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent: Monday, December 09, 2013 9:35 AM 4 To: Christopher Perez Subject: Stonewater ROW Chris- I had a message from Steve Blaine, representing the Stonewater development off of Rio, about the need to correct the alignment of Penfield and was asking about the best way to do this. Do you have a copy of the plat/deed that created the ROW in the first place you could pdf to me?Thanks. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org 4 County of Albemarle Department of Community Development Memorandum To: Kirk Hughes )From: Christopher P. Perez- Senior Planner Division: Planning Services Date: January 9, 2014 Subject: SUB2013000181 Stonewater right of way vacation plat It appears that the partial vacation of the right -of -ways can be approved administratively per provisions laid out in Section 14 -212.2 Depending on whether this vacation is eligible to proceed under Virginia Code 15.2 -2271 or 15.2 -2272. Section 15.2 -2271 applies when a lot has not been sold. Section 15.2 -2272 applies when at least one lot in the subdivision has been sold. It appears that some of the lots in the subdivision have been sold. Please address the following comments: 1) [Comment] A Declaration of Vacation should be developed and recorded with the vacation plat. Provide a Declaration of Vacation for the County Attorney to review/ approval. For your convenience attached is a sample declaration. 2) [Comment] - Treesdale Way (private rd) was originally platted on DB3932 -493 and the Deed of Easement was recorded in D133932 -505. Notably this Deed of Easement provides for Albemarle Housing Improvement Program (AHIP) a perpetual easement over the right of way labeled as: Treesdale Way 52' private Access Easment to benefit TW 61 -182. Thus the owner of TMP 61 -182 (Treesdale) must also agree to the vacation as this is also their access. Please add this owner to the Declaration of Vacation. 3) [Comment] - There is a Private Road Maintenance Agreement for Treesdale Way, which was recorded in DB 3932 -516. This will also need to be revised being it references the 52' right of way. Treesdale would also need to be party to /sign this revised Road Maintenance Agreement. Provide a revised private road maintenance agreement for County Attorney review/ approval. Also, it appears that the Deed of Easement mentioned in comment #2 above would also need to be revised. 4) [Comment] As noted in the sample Declaration of Vacation the lien creditors of the signatories whose debts are secured by a recorded deed of trust or mortgage are also required to sign the Declaration of Vacation. 5) [Comment] Note #13 and 14 specify that parcel A -1 and B -1 are reserved for future ... easements. However staff believes these easements should be set to record with this plat. Revise to show these easements and provide a maintenance agreement for the green belt trail, sidewalks, and landscaping strips. The County Attorney will be required to review/ approve the document before approval of the plat. 6) [14- 303(A)] Statement of consent to division. Changes to the State Code and to the County of Albemarle Subdivision Ordinance require changes to the consent to division statement. Please revise the statement to read: "The platting or dedication of the following described land [insert correct description of the land subdivided] is with free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any. " Revise plat. 7) [14- 302(A)(15)] Identification of all owners and certain interest holders. On the plat provide the names and addresses of each owner of record and holder of any easements affecting the property. 8) [14- 303(0)] Sheet 1, above the Agent's signature panel either remove "SUB2013_" or complete this section with "SUB2013 -181 ". Revise plat. 9) [14- 302(B)(1)] General Information. When the plat is revised, please provide the date of the last revision on the plat. 10) [Comment] The approved road plan (SUB200700077) will need to be revised prior to final subdivision plat approval for the townhomes. When revised assure that the road plan and final site plan for the townhomes match. This comment is not meant to be addressed with this vacation plat rather it is for informational purposes and for future submittal and review of final subdivision plat for the townhomes. 11) [Comment] Engineering has reviewed the plat and provides the following comment: `I believe it is in the best interest of the public to have the sidewalks in the right -of -way, and publicly maintained, on a public street like Penfield Ln. The alternative is a legal agreement for private sidewalk maintenance, which puts the burden on future owners. " 12) [Comment] Comments from VDOT are attached. 13) [Comment] Comments from ACSA are pending. Once received they will be forwarded to the applicant. Please contact Christopher P. Perez at the Department of Community Development 296-5 83 2 ext. 3443 for further information. 2 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 -3819 Gregory A. Whirley Commissioner of Highways January 6, 2014 Mr. Christopher Perez Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: SUB - 2013 -00181 Stonewater — Right of Way Vacation — Final Plat Dear Mr. Perez: We have reviewed the final plat for the vacation of right -of -way within the Stonewater Subdivision dated December 9, 2013 as submitted by Kirk Hughes & Associates and offer the following comments: 1. A new plan sheet should be provided with the proposed right -of -way shown so any potential conflicts can be verified. The sight lines should be shown so that the potential need for sight easements can be evaluated. Also, the storm sewer, including drop inlets, need to be shown to verify the need for drainage easements. It appears that at a minimum a drainage easement may be required on the north side of Penfield Lane for the existing drop inlet. 2. A maintenance agreement with the County for the sidewalks along Penfield Lane will be required. 3. Since there is an existing traffic signal agreement in place for this intersection, adequate easement needs to be provided to allow for the installation and maintenance of all necessary signal components. If you need additional information concerning this project, please feel free to contact me. Sincerely, Troy ustin, P.E. Area Land Use Engineer Culpeper District VirginiaDOT.org WE KEEP VIRGINIA MOVING Review Comments Project Name: Stonewater - Final Final Plat Date Completed: Thursday, January 02, 2014 Reviewer: Robbie Gilmer Department /Division /Agency: Fire Rescue Reviews Based on Plat dated 12/9/13 No Comments or objections Review Status: No Objection Review Comments Project Name: Stonewater - Final Final Plat Date Completed: Friday, December 20, 2013 Reviewer: Glenn Brooks Department /Division /Agency: Engineering Reviews I believe it is in the best interest of the public to have the sidewalks in the right -of -way, and publicly maintained, on a public street like Penfield Ln. The alternative is a legal agreement for private sidewalk maintenance, which puts the burden on future owners. Review Status: Pending