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SUB201500039 Review Comments Final Plat 2015-05-28
l . 44' © 11JJ K�L�i• County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434 - 296 -5832 Memorandum To: Earl Mottley CC: David Jensen From: Christopher P. Perez, Senior Planner Division: Planning Date: May 28, 2015 Subject: SUB201500039 — The Lofts at Meadowcreek — BLA/ Easement Plat Fax 434 - 972 -4126 The County of Albemarle Planning Division will grant or recommend approval of the Subdivision Plat referenced above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] 1. [14- 302(A)4] Easements. On the plat label all proposed easements as either "private" or "hereby dedicated to public use ". The stormwater management easement shall be a private easement. Please label it as such. Rev 1. Comment addressed on the plat. To respond to Mr. Jensen's 5 -18 -15 email question about what `private' means in this case: the County does not desire to be the holder of the stormwater management easement; rather, if the applicant chooses to plat an easement (which you have this option) for the stormwater facility then the easement shall be a private easement held by the property owner or the HOA. The County is given access to the facility via the "Stormwater Management Facilities Maintenance Agreement ", which is to be handled during the WPO in consultation with Ana Kilmer. To respond to the statement: "Please note that the County's required maintenance agreement requires the establishment of the easement'; which was part of the May 18th email from Mr. Jensen. I believe you are referring to page 2, section 5, which states: "...easement for the stormwater management/BMP facilities': The agreement is a general document which can cover stormwater management easements if they are provided; however, they are not required for the situation we're dealing with here at the Lofts. I've discussed this item with the County Engineer and an easement for the Stormwater Facility is not a requirement for this project; however, if you choose to plat one, that is fine too. 2. [14 -426, 428] Dedication of land for public use. On the plat the right of way dedication shall be labeled as "Hereby Dedicated to Public Use ". On sheet 2, assure it is relabeled as "Parcel `A' right of way dedication hereby dedicated to public use ". Rev 1. Comment addressed. 3. [14- 302(A)9] Building sites on proposed lots. Please add a note on Sheet 1 that states "Each lot contains a building site that complies with Section 4.2 of the Zoning Ordinance. " Rev 1. Comment addressed. 4. [14- 302(B)5] Zoning. The zoning of the property is correctly labeled as NMD. Also, under the zoning of the property provide a note that proffers are associated with ZMA2013 -1. Rev 1. Comment addressed. 5. [14- 303(A)] Statement of consent to division. The County's standard consent statement was revised effective January 1, 2014 to be in compliance with state code. 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. Rev 1. Comment addressed. If the applicant would like to continue utilizing the previous ordinance language: "Any reference to future potential development is to be deemed as theoretical. All statements affixed to this plat are true and correct to the best of my knowledge. " Please utilize it as a separate note on the plat. Revise. Rev 1. Comment addressed. 6. [14- 302(B)(1)] General Information. When the plat is revised, please provide the date of the last revision on the plat. Rev 1. Comment addressed. 7. [Comment] The draft stormwater management deed of easement was forwarded to the County Attorney for review/ approval. Once his review is complete staff will provide you his comments for revisions or his approval. Rev 1. County Attorney review of the document was provided to the applicant on 4- 15 -15. Per Greg Kamptner' review the document is not required as the County does not desire to be the holder of the stormwater management easement. 8. [Comment] The draft deed of easement for the ACSA waterline easement was forwarded to ACSA for review/ approval. Their approval of the deed is required prior to plat approval. Rev 1. ACSA comment 5 -28 -15 — "The plat is now approved so the applicant can submit the deed with the plan copies if he would like. " 9. [Comment] The draft stormwater management agreement which was provided cannot be processed at this time. A WPO plan would need to approved/approvable and bond amounts would have to be requested prior to this action. Once those items are in place you will work with Ana Kilmer to process this portion of the project. Her office number is: 434.296.5832 ext. 3246 Rev 1. Comment acknowledged by the applicant. To be handled w/ WPO. 10. [Comment] The draft deed of plat certification and the draft deed of consolidation are not items the county needs to review or be party to. Rev 1. Comment acknowledged by the applicant. 11. [Comment] ACSA, RWSA and VDOT approvals are required prior to plat approval. Comments from ACSA and RWSA have been provided below, once staff receives VDOT's comments they shall be forwarded to the applicant. Rev 1. All agencies have provided their approvals of the plat. 12. [Comment] Comments from Engineering are pending and will be forwarded once received. Rev 1. Comment addressed. Engineering has no objection to the plat. 13. [Comments from ACSA — Alex Morrison] Rev 1. ACSA comment 5 -28 -15 — "The plat is now approved so the applicant can submit the deed with the plan copies if he would like. " 14. [Comment from RWSA — Victoria Fort] Rev 1. RWSA has no further comments on the plat. Staff has provided references to provisions of Chapter 14 of the Code of the County of Albemarle. The Code is kept up to date by the County Attorney's office. The Code may found on the County Attorney's website which may be found under "Departments and Services" at Albemarle.org. In accord with the provisions of Section 14- 229(B) of Chapter 14 of the Code if the developer fails to submit a revised final plat to address all of the requirements within six (6) months after the date of this letter the application shall be deemed to have been voluntarily withdrawn by the developer. Please contact Christopher P. Perez in the Planning Division by using oerezkalbemarle.org or 434 - 296 -5832 ext.3443 for further information.