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Home My WebLink AboutSUB201400120 Review Comments y.r Nfte Christopher Perez From: Christopher Perez Sent: Friday, October 24, 2014 10:16 AM To: 'bjohnson @cville-law.com'; 'Nena Harrell' Subject: RE: SUB2014-120 Briarwood Commercial lots Brian/Nena, Also, when you submit the final legal does for County Approval, please submit the final subdivision plat (w/ owner signatures/notarized) for County Approval as well. While I cannot actually approve the final sub plat till the road bonds are posted, I need the approvable final plat for the County Executive to sign the does. thanks Christopher P.Perez j Senior Planner Department of Community Development(County of Albemarle,Virginia 401 Mclntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Friday, October 24, 2014 10:08 AM To: 'bjohnson @cville-law.com' Cc: Nena Harrell Subject: SUB2014-120 Briarwood Commercial lots Brian, SUB2014-120 Briarwood Commercial lots I have received the County Attorney's review of Briarwood's legal does which you sent over. See attached cover sheets and related pages regarding the above. Once you make the required changes and have the owner signatures notarized please submit original copies to me for review and then I'll shoot them over to the County Attorney's office for his approval to form, and he'll send them to the County Exec for signatures. (If you have any questions about what Greg is asking for w/his requested revision feel free to ask me or Greg). Thanks Christopher P.Perez j Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 1 Christopher Perez From: Christopher Perez Sent: Friday, October 24, 2014 1:58 PM To: 'bjohnson @cville-law.com' Cc: 'Nena Harrell'; Greg Kamptner Subject: RE: SUB2014-120 Briarwood Commercial lots Also, Page 2,under the "NOW THEREFORE", 3 lines down, "Together with a minimum inch asphalt surface" I just got with Engineering and it should be 2 inches. It currently reads: "Together with a minimum inch asphalt surface" I'd suggest this be filled in with the appropriate 2 inches that is approved on the road plan. Sorry that one just jumped out at me. thanks Christopher P.Perez 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, October 24, 2014 1:48 PM To: 'bjohnson @cville-law.com' Cc: Nena Harrell; Greg Kamptner Subject: RE: SUB2014-120 Briarwood Commercial lots Brian, I just reviewed your redline modification, and I have one comment. Being there are two residues noted on this plat, I think it best to specify which residue this landscape easement relates to. I'm thinking it should reference, "residue of TMP32G-B" Let me know what you think. Thanks 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: bjohnson( cville-law.com [mailto:bjohnson @cville-law.com] Sent: Friday, October 24, 2014 1:08 PM To: Christopher Perez Cc: Nena Harrell Subject: RE: SUB2014-120 Briarwood Commercial lots Chris: 1 Christopher Perez From: Christopher Perez Sent: Friday, October 24, 2014 1:48 PM To: 'bjohnson @cville-law.com' Cc: Nena Harrell; Greg Kamptner Subject: RE: SUB2014-120 Briarwood Commercial lots Attachments: Woodbriar Associates Declaration of Private Street Maintenance and Gran....doc Brian, I just reviewed your redline modification, and I have one comment. Being there are two residues noted on this plat, I think it best to specify which residue this landscape easement relates to. I'm thinking it should reference, "residue of TMP32G-B" Let me know what you think. Thanks Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 Mclntire Road i Charlottesville.VA 22902 434.296.5832 ext.3443 From: bjohnson@acville-law.com [mailto:bjohnson@alcville-law.com] Sent: Friday, October 24, 2014 1:08 PM To: Christopher Perez Cc: Nena Harrell Subject: RE: SUB2014-120 Briarwood Commercial lots Chris: Attached is a redline indicating the requested edits to the Declaration. We will finalize this version and have it executed. Brian S. Johnson Law Offices of Brian S. Johnson PLLC 820 East High Street Suite A Charlottesville VA 22902 (434) 295-5900 work (434) 981-6322 cell bjohnson@cville-law.com www.cville-law.com From: Christopher Perez [mailto:cperezCaalbemarle.orq] Sent: Friday, October 24, 2014 10:08 AM To: bjohnson@ cville-law.com Cc: Nena Harrell Subject: SUB2014-120 Briarwood Commercial lots C.ommuriity.e_elopment Document Review i County Attorney's Office - TO: (/'"Y L'5 fex-P (� 14- - Iw ?rl'a.rov4') PROJECT NUMBER. S � Zp bD Yft 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 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 ow :Other(see comment below) Comment 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. I1/ ,L a Date: 1 923// i G&gI i..puer •-•u;Co . tyA orney ifr • „`I✓" ' yip Review ofprivate Improve'ment-Maintenance-Instrument (Albemarle County Code§14-317) TO: Ceie2_ RE: SUB Dl CTV 1)11 hob The instrument required by Albemarle County Code§ 14-317 for this subdivision: 4sapprove .trt t d— ' viw ' -etDcu.�n " s4-. • '.. C he, $t,a,, n' v,� is not approved because it fails to sates Tone or more of the following requirements number references are o Albemarle County Code§14-317(A)): 1. ✓identify the plat to which the instrument•applies;if the plat has been recorded, the identification shall include a deed book and page number. 2. vtate that the improvement will be maintained in perpetuity. 3. `/state that the improvement will be maintained to a standard that,at a minimum,ensures that it will remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the conditionrit is to be in when the surety was released as provided in section 14-436;for a private street, shared driveway,or alley, the instrument also shall state substantially as follows: 'The traveiway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions." 4. If the instrument pertains to the maintenance of one or more private streets,alleys or shared driveways,it shall define"maintenance"by stating substantially as follows: "For purposes of this instrument, `maintenance'includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters,drainage facilities,utilities,dams,bridges and other private street improvements, and the prompt removal of snow,water,debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles,including emergency services vehicles." 5. 'describe the condition of the improvement when it was approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was _ released as.provided in section_14 436, _ • 6. v{dentify the timing or conditions warranting maintenance of the improvement. 7. 4tate a means to collect funds necessary for the cost of maintaining the improvement;at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien against a non-contributing landowner,to bring an action at law to collect the funds,or both. 8. NtliDescribe how maintenance costs will be prorated among the landowners subject to the instrument (e.g.,"equally,"or on a percentage basis);if any lot within the subdivision may be further divided, the • instrument shall also describe how maintenance costs will be prorated among the landowners after division. 9. Jtate substantially as follows: "No public agency,including the Virginia Department of Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any improvement identified herein." //w . Date: f c/2 3 ( 1' Greg I41 mji er Depu Co. ty Attor y • OF A ,T41-ivec �'IRGINZP- r r COUNTY OF ALBEMARLE �f gf'" Department of Community Development f O 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 Date: October 14,2014 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project Name: SUB201400120 Briarwood Commercial final subdivision plat Date Submitted: 10-13-14 (Private Street Maintenance Agreement&Deed of Dedication and Easement) 10-9-14 (final plat) Dear Mr. Kamptner: The applicant of Briarwood Commercial subdivision has submitted a deed of dedication for the public drainage easement for review/approval. The public drainage easement is located on Lot 1. Also,the applicant has submitted a Private Street Maintenance Agreement for review/approval. Associated with this private street maintenance agreement are two items which are being provided for in the legal document;a variable width sidewalk easement on Lot 1 and Lot 2 (main portion located next to Briarwood Drive, over a portion of the public sidewalk the applicant wants on their property rather than in the public right-of-way)and landscape easements on lot 1,2,3,and the residue TMP32G-B to contain the required street trees (this was a conditions of a Planning Commission approval of a variation to modify landscape strip width and the location of street landscaping on the backside of the sidewalks). On the attached plat I have highlighted all landscape easements(green), sidewalk easements(orange), and the public drainage easement(yellow). At your earliest convenience,please review these documents and the attached plat. Should you have any questions or comments please feel free to contact me. I offer the following comment: 1)Private street maintenance document, on page 2,under the 4th whereas;the applicant refers to the residue of TMP32G-B as Lot 4. This appears to be an error and should be corrected. Sincerely, Christopher P. Perez, Senior Planner County of Albemarle Department of Community Development Division of Planning and Current Development 401 McIntire Road Charlottesville,VA 22902 (434)296-5832,phone ext.3443 Review Comments Project Name: Briarwoo�d Commercial Lots - Final Final — Non - residential —AdmInisI1:1 Date Completed: Tuesday, October 21: 2014 Reviel,ver: John Anderson F-I D e p a rtm e ntiD i vi 9 i o n.1.Ag e n c-y': Engineering Reviews Comments: Review Status: I See Recommendations F-] Page: 11 Count of Albemarle Cn: 14181.2015 Review Comments Project Name: Briarwood Commercial Lots - Final Hnal — Non- resMential — �dminislE] Date Completed: IThursday, October 09, 2014 Reviewer: Christopher Peru DepartmenVDivisionlAgency: CID Reviews Comments: Bonds posted per the following email: From: Ana Kilmer Sent: Wednesday, October 29, 2014 2:09 PM To: Nena Cc: John Anderson; Christopher Perez: Esther Grace Subject: Briarwood Commercial Lots Road Plan - subdivision bonds The following bonds have been posted and approved: Subdivision ! road performance bond - $828,730 Subdivision ! road performance bond — water and sewer $104,000 Thanks Ana D. Kilmer Management Analyst All remaining plat items were addressed per the following emails: From: Christopher Perez Sent: Wednesday- October 08, 2014 1:21 PM To: 'Scott Collins' Subject: RE: SUB201400120 - Briarwood Commercial Lots - Final Plat Also, Scott if you are making a modification to the subdivision plat, I'd throw this note on the plat to explain why the landscape easements are requiredlprov�ided: - Variation approved with this project at the July 29, 2014 Planning Commission meeting under SUB2014 -120 1) Variation to the planting strip requirements, from six (6) feet to three (3) feet width and allow the planting strip to be located on the back side of the sidewalk, in accordance with 14422(F) of the Subdivision Ordinance_ Approved with a 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_" Christopher P. Perez I Senior Planner Department of Community Development lCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA22902 434°296°5832 ext. 3443 From: Christopher Perez Sent: Wednesday- October 08, 2014 8:51 AM To: 'Scott Collins' Subject: RE: SUB201400120 - Briarwood Commercial Lots - Final Plat Scott See my responses below in red_ Review Status: No Objection F1 Page: 1 County of Albemarle On: 418!2015 Review Comments Project Name: Briarwood Commercial Lots - Final Final — Non - residential — AdminislF-I Date Completed: IThursday, October 09, 2014 Reviewer: Christopher Perez F1 DepartmenVDivisioWAgency: CD O Reviews Comments: Approved with a 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.` Christopher P. Perez I Senior Planner Department of Community Development JCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville. VA22902 434°296°5832 et. 3443 From: Christopher Perez Sent: Wednesday, October 08, 2014 8:51 AM To: 'Scott Collins' Subject: RE: SUB201400120 - Briarwood Commercial Lots - Final Plat Scott See my responses below in red_ Christopher P. Perez I Senior Planner Department of Community Development JCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA22902 434.296°5832 ext. 3443 From: Scott Collins [mailto:scotta collins- engineering.com] Sent: Wednesday, October 08, 2014 7:12 AM To: Christopher Perez Subject: RE: SUB201400120 - Briarwood Commercial Lots - Final Plat Chris - Nena and I were discussing/going through the plat one last time yesterday and 2 items came up that I wanted to run by you. 1_ Can /should we remove the future road alignment through the residue parcels. No, I'd leave it the way it is shown_ We do not want to ultimately get locked into any certain alignment_ Although it's labeled as future, this might get misconstrued 5 years from now. I understand your concerns, the most I'd do is re -label it to be 'approximate Future RNT and add a note on the cover page that states: The alignment of the future right of way is approximate and has not been finalized_` or provide a note with some variation of that. 2_ One the cover sheet (page 1) along the right hand side of the plat, the 7th note should be removed_ I agree, it should be removed. Pursuant to Section 14 -303 (R_) Parent parcel access_ If the subdivision is in the rural areas, the following statement, unless a waiver is granted as provided in section 14404: 'All subsequent divisions of the residue shall enter only onto such street(s) shown on the approved final plat and shall have no immediate access onto to any public street-' There will ultimately be another right in /right out on the northern residue parcel between Briarwood and Austin Drive (this was discussed and determined by VDOT way back in the process that it would be a good additional to plan )_ This note may prevent this from happening, and that's not the intent of the note. I agree_ Call me to discuss if you can this mornings Call me at 434 -987 -1631. Thanks Chris! Scott Review Status: No Objection Rage: 1 County of Albemarle Cn: 14181.2015 Christopher Perez From: Christopher Perez Sent: Wednesday, October 08, 2014 1:21 PM To: 'Scott Collins' Subject: RE: SUB201400120- Briarwood Commercial Lots- Final Plat Also,Scott if you are making a modification to the subdivision plat, I'd throw this note on the plat to explain why the landscape easements are required/provided: "Variation approved with this project at the July 29,2014 Planning Commission meeting under SUB2014-120 1) Variation to the planting strip requirements, from six (6) feet to three (3) feet width and allow the planting strip to be located on the back side of the sidewalk, in accordance with 14-422(F) of the Subdivision Ordinance. Approved with a 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. " Christopher P. Perez Senior Planner Department of Community Development(County of Albemarle.Virginia 401 McIntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Wednesday, October 08, 2014 8:51 AM To: 'Scott Collins' Subject: RE: SUB201400120 - Briarwood Commercial Lots - Final Plat Scott. See my responses below in red. Christopher P. Perez I Senior Planner Department of Community Development 1County of Albemarle, Virginia 401 McIntire Road 1 Charlottesville, VA 22902 434.296.5832 ext. 3443 From: Scott Collins [mailto:scott(a,collins-engineering.com] Sent: Wednesday, October 08, 2014 7:12 AM To: Christopher Perez Subject: RE: SUB201400120 -Briarwood Commercial Lots - Final Plat Chris- Nena and I were discussing/going through the plat one last time yesterday and 2 items came up that I wanted to run by you. 1. Can/should we remove the future road alignment through the residue parcels. No, I'd leave it the way it is shown. We do not want to ultimately get locked into any certain alignment. Although it's labeled as future,this might get misconstrued 5 years from now. I understand your concerns, the most I'd do is re-label it to be "approximate Future R/W"and add a note on the cover page that states: "The 1 Christopher Perez From: Christopher Perez Sent: Wednesday, October 08, 2014 8:51 AM To: 'Scott Collins' Subject: RE: SUB201400120- Briarwood Commercial Lots- Final Plat Scott, See my responses below i + 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: Scott Collins [mailto:scott @collins-engineering.com] Sent: Wednesday, October 08, 2014 7:12 AM To: Christopher Perez Subject: RE: SUB201400120 - Briarwood Commercial Lots - Final Plat Chris- Nena and I were discussing/going through the plat one last time yesterday and 2 items came up that I wanted to run by you. 1. Can/should we remove the future road alignment through the residue parcels.( o,I'd leave it the wavy) it is shown. e do not want to ultimately get locked in o an certain alignment. Although it's labeled as future t is might get misconstrued 5 ears from no .1 understan I your concerns,the most I'd do is e-label it to be "approximate Future R/W' and add a note on the cover page that states: "The alignment of the future right of way is approximate and has not been finalized." or provide a note \ ei,th some variation of that. 2. One the cover sheet(page 1) along the right hand side of the plat, the 7th note should be removed. I ", outs I 1 , . I. Pursuant to Section 14-303 (R.)Parent parcel access. If the subdivision is in the rural areas, the following statement, unless a waiver is granted as provided in section 14-404: "All subsequent divisions of the residue shall enter only onto such street(s) shown on the approved final plat and : i all have no immediate access onto to any public street." There will ultimately be anot er rig t i rig t out on t e port ern residue parcel between Briarwood and Austin Drive (this was discussed and determined by VDOT way back in the process that it would be a good add' , al to plan). This note may prevent this from happening, and that's not the intent of the note. meagre Call me to discuss if you can this morning. Call me at 434-987-1631. Thanks Chris! Scott From:Christopher Perez [mailto:coerezc albemarle.org] Sent: Monday,October 06, 2014 1:57 PM To: Laura Shavis 1 Review Comments Project Name: Briarwo&d Commercial Lots - Final Date Completed: I Monday, October 06, 2014 Revievrer: Christopher Perez Departments "Divi9ionl.Agency: �CD Reviews Comments: Review Status: I No Objection Final — Non - residential —Admin isl - n ed landscape easment on all applicable lots Rage: 11 Count of Albemarle Cn: 14181.2015 Christopher Perez From: Christopher Perez Sent: Monday, October 06, 2014 2:50 PM To: 'bjohnson @cville-law.com' Cc: Greg Kamptner; Nena Harrell Subject: SUB201400120- Briarwood Commercial Lots- Final Plat Attachments: 110006806_SP_14246 SHEET 1 FINAL.pdf; 110006806_SP_14246 SHEET 2 FINAL.pdf; 110006806_SP_14246 SHEET 3 FINAL.pdf Brian, Attached is the latest version of the final subdivision plat(SUB2014-120) for Briarwood Commercial Lots, which was just drafted by the applicant today. See the attached 3 sheets. This most recent version of the plat provides revised landscape easements on the majority of the lots. The private street maintenance agreement should be revised to cover/include these items. The items are: a"New Variable width landscape easement" on lot 1, "New 10' landscape easement" on lot 2, "new 10' landscape easement" on lot 3, and a"new 10' landscape easement" on the residue of 32G-B. Also, I Just spoke to Greg Kamptner and he provided me the following guidance for changes to the document: 1) On sheet 1, under the third `Whereas',there is a typo: Albemarle County Code § 14-2333(b)(1). The correct section is Albemarle County Code § 14-233(b)(l). 2) On sheet 1, under the first `Whereas', he felt the description of the lots should be revised to have the County Tax Map parcel information in front of the proposed lots. Revise so it reads more like: "...Tax Map MAP#Parcel PARCEL #will be subdivided by the Declarant into Lots# or LETTER and# or LETTER, containing#and# acres respectively, as shown and described on a plat by SURVEYOR NAME, dated DATE, a copy of which is hereto attached and made part of this Agreement(hereinafter, the "Plat"); and" Also, please provide me the public drainage easement document for Greg's review. The last email you sent stated that the document would be provided in a separate email, but no emails followed. Thanks Christopher P. Perez I Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road(Charlottesville,VA 22902 434.296.5832 ext.3443 1 Christopher Perez From: Christopher Perez Sent: Monday, October 06, 2014 9:11 AM To: 'Laura Shavis' Cc: Chris Kean; Scott Collins; Nena Harrell Subject: RE: SUB201400120- Briarwood Commercial Lots- Final Plat Attachments: Landscape easement.pdf Laura, I just took a look at the PDF version of the plat you sent over 30 min ago and I offer the following: The new 10' landscape easement on Lot 3 looks good The new 10' landscape easement on lot 2 looks good But the landscape easement for the section of Boulderview Road on the residue for TMP 32G-B does not appear; however, it needs to be provided. Please revise the PDF plat to depict and label it(see the attached exhibit I provided to illustrate this). Thanks Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle.Virginia r . 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 T From: Ils.tblsurveying @gmail.com [mailto:lls.tblsurveying @gmail.com] On Behalf Of Laura Shavis Sent: Monday, October 06, 2014 8:35 AM To: Christopher Perez Cc: Chris Kean; Scott Collins; Nena Harrell Subject: Re: SUB201400120 - Briarwood Commercial Lots - Final Plat Christopher, Attached are PDFs of the revised Briarwood commercial lot subdivsion showing the landscape easements on lots 1-3 per your request. Let us know if you need anything else. Thank you. On Fri, Oct 3, 2014 at 3:54 PM, Christopher Perez<cperez@albemarle.org>wrote: Here is what I'm looking for. Attached is the approved landscaping from the approved road plan. Christopher P.Perez I Senior Planner 1 Review Comments Project Name: Briar+woA Commercial Lots - Final Final — Non - residential — Adminislu Date Completed: Friday, October 03, 2014 Revievrer: John Anderson Department "Divi9ionl.Agenc, : Engineering Reviews Comments: Review Status: I No Objection I - Page: 1 Counts of Albemarle Cn: 14181.2015 r eyiew uommeus Project Name: Briarwood Commercial Lots - Final Final — Non- resIdentlal — Adm[nf51 D Date Completed: I Friday, October 03: 2014 Reviewer: Christopher Perez Department,Division,Agency: CID Reviews !Comments: From_ Christopher Perez Sent: Friday, October 03, 2014 3:34 PM To: 'Chris Kean' Cc: Scott Collins: adam @collies- engineering.com: Laura Shavis: John Anderson Subject: SUB201400120 - Briarovood Commercial Lots - Final Plat Chris Per recent phone discussion- Engineering and VDOT have both signed off on the final plat. I've reviewed the revision and it looks good for my last round of comments; however, while writing up a review request to the County Attorney for the Private Street Maintenance Agreement for the landscape easement. I noticed that the final plat currently only shows the landscape easement on lot 1; however, the entire subdivision associated with the private road shall have this landscape easement on it to contain the street trees- to include Lots 1- 2. and 3. This was a condition of the variation that was approved by the BOS on July 29. 2014_ With all the moving parts of this project, I missed it until now. Please provide the landscape easement for the street trees on Lots 1, 2e and 3. The road plans depict where the street trees are to go. Please send me a PDF of this and I'll verify it is good to go and then we'll be done with the platting issues. Again, sorry about missing this item. I'll make this a priority as soon as it comes in. Thanks Christopher P. Perez I Senior Planner Department of Community Development lCounty of Albemarle. Virginia 401 McIntire Road I Charlottesville. VA22902 434°296.5832 et. 3443 Review Status: Requested Changes n Page: 1 —1 County of Albemarle On: 1418/2015 Christopher Perez From: Christopher Perez Sent: Wednesday, September 24, 2014 10:31 AM To: Greg Kamptner Cc: Lisa Busch Subject: RE: Woodbriar Associates; Declaration of Private Street Maintenance and Deed of Easement Greg, SUB2014-120 Briarwood Final Subdivision Plat I conducted a thorough review of the private street maintenance agreement from Mr. Johnson and provide him my comments over the phone just minutes ago. I reviewed the maintenance agreement against the basic information on the plat and various code references in the document vs the private road being platted which is to serve the commercial lots. Additionally I felt some language should be added specific to the "new variable with landscape easement"on lot 1. He's agreed to make the changes and will provide a revised document to us sometime today, at which point I'll print off the revised maintenance agreement and provide you a copy of the final plat(highlighted) for your review. Also, I discussed the need for this plat to also have a deed of dedication associated with it for the "New variable width public drainage easement"...which Tom Foley will be required to sign. He understood this, and will begin working on that document. (This shall come at a separate time). Thanks Christopher P.Pe/ez 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: Wednesday, September 24, 2014 9:30 AM To: Christopher Perez Cc: Lisa Busch Subject: RE: Woodbriar Associates; Declaration of Private Street Maintenance and Deed of Easement Correct. I need the plat. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org From: Christopher Perez Sent: Wednesday, September 24, 2014 8:54 AM To: Greg Kamptner Cc: Lisa Busch Subject: RE: Woodbriar Associates; Declaration of Private Street Maintenance and Deed of Easement How are you to do a true review of the document without a copy of the latest plat... Seems like, I need to request the revised plat and send you a copy and highlight all easements associated with it. 1 C:i}ristophet P.Pet ez Senior Planner Department of Community I)evelopment(County of Albemarle,Virginia 401 McIntire Road I Charlottesville.VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent: Tuesday, September 23, 2014 5:13 PM To: Christopher Perez Cc: Lisa Busch Subject: RE: Woodbriar Associates; Declaration of Private Street Maintenance and Deed of Easement Chris- What I forwarded was all I received. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: Christopher Perez Sent: Tuesday, September 23, 2014 4:44 PM To: Greg Kamptner Cc: Lisa Busch Subject: RE: Woodbriar Associates; Declaration of Private Street Maintenance and Deed of Easement Greg, Did they submit a final subdivision plat with the maintenance agreement? I'll take a look at it this week and get you any comments I have with regard to the relation to the plat. Christopher P,Perez Senior Planner Department of Community I)evelopment(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent:Tuesday, September 23, 2014 4:39 PM To: Christopher Perez Cc: Lisa Busch Subject: FW: Woodbriar Associates; Declaration of Private Street Maintenance and Deed of Easement Received today. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: bjohnsonCalcville-law.com [mailto:bjohnsonC1cville-law.com] Sent: Tuesday, September 23, 2014 2:29 PM To: Greg Kamptner 2 Cc: Christopher Perez; Nena Harrell Subject: Woodbriar Associates; Declaration of Private Street Maintenance and Deed of Easement Greg: Attached for your review is the revised Declaration of Private Street Maintenance Agreement for the Woodbriar Associates project. I have incorporated the sidewalk easement into this document at the suggestion of Mr. Perez. I look forward to your input on this document. Brian S. Johnson Law Offices of Brian S. Johnson PLLC 820 East High Street Suite A Charlottesville VA 22902 (434) 295-5900 work (434) 981-6322 cell bj ohnson@cville-law.com www.cville-law.com 3 Review Comments Project Name: Briarwo&d Commercial Lots - Final Final — Non - residential — Admini5lF-I Date Completed: Fnday, September 19, 2014 Revievrer: Christopher Perez a D e p a rtm e nVD ivi 9 i o W.Ag e n cy: CIS O Reviews Comments: The only platting comment I had was #11: With the revision of the area dedicated to public use for Parcel Y, it appears the 10' parking setback should also be slightly adjusted to match the new public right of way lines_ Revise appropriately.° Otherwise, I'm just waiting on VIDOT and Engineering's comments on the final plat submittal_ They will be forwarded to you once they are received_ As discussed in the comment letter, I'm still waiting on all the required legal does for review, if you sent them directly to the County Attorney's office and he's approved them, please provide his approvals and the approved docse Also. as discussed in the comment letter, the road plan is still pending_ Once it's approved and the road is either built or bonded then we can move forward with approval. Provided the above items are completed_ Review status: Requested Changes F1 1 Page: 1 Count of A.1bemarle Cn: 4;8,'21315 Review Comments Project Name: Briarwo&d Commercial Lots - Final Final — Non - residential — Adminisln Date Completed: Monday: August 25. 2014 Reviewer: John Anderson D e p a rtm e nt'D ivi s i o W.Ag e n cy: Engineering Reviews Comments: Label drainage easements beyond public RW private_ VDOT will not maintain drainage beyond public RW_ Certain pipe systems being fed by private roads (BouldeNlew Road, Elm Tree Court) and SWIM easements on Lot 1, 2, and 3 may be listed on the plat as dedicated to public use. Please clearly label drainage easements beyond public RVV, and all SWM!BMP easements, private_ A single pipe system may include public and private easements, an odd circumstance_ Maintenance responsibility will be divided in certain cases. This guidance pursuant to staff training August 22_ Again, please delineate drainage easements beyond public!VDOT RW private. Please contact Planning, Christopher Perez, for questions concerning Deeds of Easement. Review Status: Requested Changes I ' I Page: 1 Count of A.1bemarle Cn: 4;8,'21315 Review Comments Project Name: Briar4vood Commercial Lots - Final Final — Non- residential — Admini5lF] Date Completed: Friday. ALigust 01. 20114 Reviewer: Rebecca Ragsdale a D e p a rtm e MID ivi s i o WAg e n cy: Zoning Reviews Comments: The properties zoned C1 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. Avariation should be processed under Section 8.5°5.3: Minor changes to street design and street location, subject to a recommendation for approval by the county engineer; and 5_ Minor changes to the design and location 19-3-14 the variation was approved by the BO_ Review status: See Recommendations I ' I Rage: 1 Counts of Albemarle On: 41812015