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HomeMy WebLinkAboutSUB201400120 Review Comments Final Plat 2014-08-04�• �I''lll��• COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 Memorandum To: Christopher Kean and Scott Collins From: Christopher P. Perez, Senior Planner Division: Planning Date: August 4, 2014 Subject: SUB2014- 00120- Briarwood Commercial Lots — Final Subdivision Plat The County of Albemarle Planning Division will recommend approval of the Final Plat referenced above once the following comments have been satisfactorily addressed (The following comments are those that have been identified at this time. Additional comments or conditions may be added or eliminated based on further review.): [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] Conditions of Preliminary Plat Approval (from approval letter dated July 11, 2014): 1. [14 -303] Contents of Final Plat. The final plat shall meet all the requirements of this section. Final: See Final Plat comments below. Comment still valid. 2. [14 -234, 14- 233B1, 14- 200(C)] Procedure to authorize private street and related matters. A private road request has been submitted by the applicant under 14- 23313 1. In order to approve the request the agent must be able to make each of the five (5) findings identified in paragraph "C" of Section 14- 234. Notably, the request for the private road is incomplete and additional information is required for staff to make a final determination as to whether number three (3) of the criteria are met. [3. The fee of the private street will be owned by the owner of each lot abutting the right -of -way thereof or by an association composed of the owners of all lots in the subdivision, subject in either case to any easement for the benefit of all lots served by the street,J Per applicants request this item is a condition of approval on the preliminary subdivision plat and shall be satisfied before approval of the final subdivision plat. Final: Comment not addressed. Please provide requested information. [14- 234(A)la(iv), 14- 302(A)4 & 14 -317] Provide documentation explaining how the perpetual maintenance of the private street, curb and gutters, sidewalks, and street trees landscaping will be funded, and identify the person or entity that will be responsible for maintaining the improvements. Please submit the above for review /approval by the County Attorney's Office. Please submit a draft of this document to me and I will review it and forward it to the County Attorney for his review/ approval. Per applicants request this item is a condition of approval on the preliminary subdivision plat and shall be satisfied before approval of the final subdivision plat. Final: Comment not addressed. Please provide requested information. 4. [14- 422(D) & 32.7.9.91 As depicted the planting strips are requested to be reduced from 6 foot wide to 3 foot wide and required street landscaping is to be located on the backside of the sidewalk. For the final plat to be approved with this design the Planning Commission shall have approved the waiver permitting it under 14 -422F, otherwise the standards in 14 -422D shall be adhered to. If the required street landscaping is permitted outside of the planting strip and is to be behind the sidewalk, landscape easements to contain these plantings shall be platted on the final subdivision plat for the commercial lots. Please note that the street trees will not be bonded on the road plan be they are out of the right of way. Final: The Planning Commission approved the landscaping strip modification request on July 29, 2014 with the following condition: "The required street trees will be provided behind the sidewalks in landscaping easements to be recorded on a plat and depicted on the final site plan." On this plat provide the landscaping easements associated with the required street trees which are to be outside the right -of -way easements. A maintenance agreement for the plantings in these easements will also need to be provided for County Attorney review/ approval; it should be captured in the private street maintenance agreement. 5. [Comment] The location of the private streets with relation to the lots shall be revised to match that of the road plans. Final: Comment addressed. 6. [Comment] The width of Briarwood Drive is no longer 50' on the road plans, revise to assure Briarwood Drive matches the road plans. Final: Comment addressed. 7. [Comment] The acreages of the lots have been slightly altered on other submissions, notably the gas station lot is proposed to be 1.94 acres on the final site plan; however the prelim plat depicts it as 1.71 acres, assure that the acreages of all lots are revised to be accurate. Staff understands these acreage changes are because of the road width increase. Assure they are revised on the final plat to match other plans. Final: Comment addressed. 8. [14 -435] Road plans shall be pfovided an approved prior to final subdivision plat approval. Also, roads must be built or bonded prior to the signing of the final plat. Final: Comment still relevant. Road plans actively being reviewed by staff. 9. [Comment] It appears the proposed private street "Elm Tree Court" has been relocated to line up with the existing "Elm Tree Court" across Briarwood Drive. The proposal appears to utilize /consume TMP 032G0- 113- 02- OOO130, 0.05 acres of open space which abuts Jamila Saleh's property. This change in property lines will need to take place on a subdivision plat/ Boundary Line Adjustment plat, as property lines seem to be shifting in this area. The revised open space calcs for Briarwood subdivision will need to be accounted for on the plat. Final: Comment still relevant as open space cannot contain roads, thus the acreage of the right - of -way shall be subtracted out from Briarwood PRD's open space calcs. Please provide requested information to assure the Briarwood PRD maintains it's required 25% open space. Also, related to this feature of the site, see comment #28 provided below. 10. [Comment] As proposed a portion of the private road is taking place on the adjacent residential parcel zoned PRD, specifically within the 30' vegetative buffer on the residential parcel and within the area of the 20' undisturbed buffer between the residential and commercial zonings. As you know the property owner was sited for violations of the above two areas by the Zoning Department for unauthorized disturbance of these areas. The applicant is currently working to remedy the site plan violation of the 30' vegetative buffer through a mitigation plan (SDP2013 -35). Prior to final subdivision plat approval the mitigation plan must be approved by the County, to include ARB, Planning Staff, and Zoning staff. Final: Comment still relevant. Mitigation plans actively being reviewed by staff, comments last sent out 7- 24 -14, awaiting resubmittal. 11. [Comment] Also, the applicant is attempting to permit the disturbance of the 20' undisturbed buffer through a special exception as described in Section 21.7(c). The applicant intends to utilize the mitigation plan described above as an exhibit to take to the Board of Supervisors for review /approval. Prior to the special exception going to the Board of Supervisors the proposed plantings in the mitigation plan must be approved by ARB, Planning staff, and Zoning staff. Prior to final subdivision plat approval the applicant shall receive approval of the mitigation plan, and receive the Board of Supervisors approval of the special exception. 2 Final: Comment still relevant. Mitigation plans actively being reviewed by staff, comments last sent out 7- 24 -14, awaiting resubmittal. 12. [30.7.5] Managed Slopes. Please discontinue the use of the term "Critical slopes" throughout the plat, as the slopes onsite are now defined as "Managed Slopes" as defined by the March 5, 2014 BOS changes to the critical slopes portion of the ordinance (Section 30.7.4 and 30.7.5 adopted on 3- 5 -14). Prior to final subdivision plat approval the Steep Slopes onsite shall be labeled appropriately as Managed Slopes. Revise. Final: Comment no longer relevant. 13. [14- 302115] On the plat the zoning of the adjacent properties is incorrectly labeled as NMD; however, County records indicate these lots as zoned PRD. Revise. Final: Comment adequately addressed. 14. 114- 302A7, 1151 On the plat clearly label the existing property lines for TMP 032GO- 111- 02- 000130, 032GO- 1B -02- 07100, 032GO -1B -02 -07000 as currently it is difficult to determine their existing rear lot lines which abut the C -1 lot which is proposed to be divided. Final: Comment addressed. 15. 118- 21.7c, 14- 302115] On the plat depict the required 20' undisturbed buffer that is present on TMP 032GO- 00- 00 -000A0 being this C -1 lot abuts a Residential District. This should also be listed on the cover sheet under setbacks. Final: Comment addressed. 16. 118- 21.7c] Does the proposed private road or its grading disturb the required buffer on TMP 032GO- 00- 00- 000AO? On the plat clearly label and show the limits of disturbance. If the buffer is to be disturbed a "waiver" request for this disturbance will be required per section 18 -21.7 of the ordinance. The waiver request for the gas station lot does not cover this disturbance. Final: Comment addressed. The proposed road does disturb the buffer and a waiver has been submitted and item is being processed. 17. 118- 21.7c] Also, on Lot 5 it appears that a portion of the future private street easement is crossing into the required 20' buffer; while the exact location of that easement is not being approved with this plat or the final plat it should be relocated out of the 20' buffer for clarification purposes. Final: Comment addressed. 18. [14- 302A4] It appears TMP 032GO- 00- 00 -000A0 has a couple substantial existing easements running from north west to south east on the property which are not shown on the preliminary plat; such as, existing drainage easements and existing sewer easements (see DB 2904 -34). The location and dimensions of these easements are required to be depicted on the plat, labeled, and provide with deed book page reference information. Revise. Final: Comment is addressed. 19. [14- 302A8] The plat depicts "0.82 acres of Open Space for Tax Map 32G Parcel A "' and "0.25 acres of Open Space for 32G Parcel A ". As shown it is not clear if these areas are to be divided off into their own lots, or added to the PRD of Briarwood through a Boundary Line Adjustment, or to be to remain a part of Lot 1, Lot 3, and Lot 2? On the plat please clarify what is being done with these lands. (The following should be taken into consideration when resubmitting: per discussions with the Zoning Department these open space areas cannot be counted towards the required open space for Briarwood PRD. Also, to consider these Open Space areas on their own accord they would need to meet the requirements of Section 4.7, currently staff does not feel they meet the definition of open space per Section 4.7 of the ordinance. If it is the applicant's intent to develop these as standalone lots please explain how they meet the definition of Section 4.7). Final: Comment addressed, the open space information was removed from the plat. 20. [14- 303(G)] Ownership of Common Area. On the final plat provide the owner information for all common area, specifically what is listed as "Open Space" if it is to remain. Final: Comment addressed, the open space information was removed from the plat. 21. [14- 302A2] As depicted the vicinity map is 1" = 300% however, it is required to be 1 "= 2000'. Revise. 3 Final: Comment addressed. 22. [14- 302A13] On the plat depict the proposed facilities (water and sewer lines). Revise. Final: Comment addressed. [ADDITIONAL COMMENTS] 23. [14- 302B(5)] Zoning. On sheet 1, the zoning for the two commercial lots is correct; however, the two C -1 properties are not subject to proffers nor an application plan. Revise to omit that language from the plat with reference to these lots. Also, on sheet 1 provide the zoning for the two properties associated with Briarwood PRD (TMP 32- 1B -2 -B and 32G -8 -A) which contain the "new variable width private R/W easements " across them. Notably these properties are subject to the listed proffers and application plan. Please provide this information. 24. [14- 303(E)] Private Streets. The 47' private R/W should be labeled as "47' private street easement". Also, on the plat provide the information as to whom the private street easement is to serve, ie. the commercial lots 1, 2, 3, and residue of 25. [14- 303(k)] Temporary Turnarounds. On the plat provide the following required note associated with the Temp Turnaround: "The area on this plat designated as a temporary turnaround will be constructed and used as other streets in the subdivision until (street name) is /are extended to Lstreet name at which time the land in the temporary turnaround area will be abandoned for street purposes and will revert to adjoining property owners in accordance with specific provisions in their respective deeds. " 26. [14- 303(k)] Temporary Turnarounds. The temporary turn around should be shown in it's entirety. Currently only a portion of the turnaround is depicted on the plat? Revise. 27. [14- 303(S)] Control points. On the plat provide at least four (4) control points, evenly distributed across the property and located at survey property corners, and shown on each sheet depicting the property. At the option of the subdivider, the control points may be shown on a copy of the final plat, rather than on the original final plat. 28. [8.5.5.3] As currently designed a Variation is required for the road serving Lot 2 (Elm Tree Court). The Variation would be to the Briarwood PRD application plan (ZMA2005 -09). The approved application plan does not depict a road in this location which goes through any portion of Briarwood PRD (specifically the open space TMP 32G- 1B -2 -B). See Zoning's comment below. Notably Planning staff discussed Zoning's findings with the Director of Planning and he is in agreeance that a variation is required as currently proposed. This item will be required to go to the BOS for approval and is anticipated to be able to go along with the other Special Exceptions previously discussed. Please provide the request as soon as possible. Please be advised that the adjacent neighbors are required to be notified of the variation request. Zoning's Comments: "1. The properties zoned Cl Commercial are not subject to proffers or an application plan. This subdivision plat proposes adding a road within the Briarwood development, which is subject to proffers and an application plan. A variation should be processed under Section 8.5.5.3: "(5) Minor changes to street design and street location, subject to a recommendation for approval by the county engineer" If it is possible to relocate the road to it's previous location and meet VDOT's spacing requirements a Variation does not appear to be needed as long as the road stays out of the open space from Briarwood's PRD. If you relocate it, it might also remedy your need for a special exception in that location if the 20' buffer would not be disturbed. 4 Zoning — Rebecca Ragsdale 1. The properties zoned C 1 Commercial are not subject to proffers or an application plan. This subdivision plat proposes adding a road within the Briarwood development, which is subject to proffers and an application plan. A variation should be processed under Section 8.5.5.3: (5) Minor changes to street design and street location, subject to a recommendation for approval by the county engineer Engineering Comments — John Anderson Comments pending ACSA —Alex Morrison Comments pending VDOT— Troy Austin Comments pending. E911— Andrew Slack Approved Building Inspections — Jay Schlothauer - No objections Fire and Rescue — Robbie Gilmer - No objections Please contact Christopher P. Perez in the Planning Division by using oerezkalbemarle.org or 434- 296 -5832 ext. 3443 for further information.