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Home My WebLink AboutSUB201400218 Review Comments 2015-04-22Review Comments SUB201400218 Project Name: lountain Valley Lot 1 - FINAL Gate Completed: ,Wednesday. April 22; 2015 Final Plat Reviewer: Christopher- Perez 0 Department/DivisionlAgency: CD Reviews Comments: u From: Christopher Perez Sent: Wednesday.. April 22, 2015 1:58 PM To: 'Rob Cummings' Subject: RE: Mountain Valley The revised plat looks good... let's move forward with signatures_ Thanks 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 Review Status: I No Objection I - Page: CoLinti of A.1bem9rle Printed On: 061'1812015 Christopher Perez From: Greg Kamptner Sent: Wednesday, April 15, 2015 2:10 PM To: Ana Kilmer; Christopher Perez; Glenn Brooks Subject: Mountain Valley Lot 1/Open Space Subdivision Ana and Chris- I will be talking to Alden English,the attorney for the Mountain Valley subdividers, on Friday regarding the Lot 1/Open Space plat and the SWM Maintenance Agreement issue. I have conducted further research this morning and offer the following: 1. The absence of a recorded SWM Maintenance Agreement applying to the existing Mountain Valley Subdivision is a violation of the WPO.At this point,the documents I have reviewed so far fail to show whether the developer,the HOA,or anyone other than the lot owners own the SWM Easements and the SWM Access Easements so,without more information,we will need the owners of the affected lots to enter into an SWM Maintenance Agreement. 2. I could not find a basis in the Subdivision Ordinance or the WPO to disapprove or delay approval of the Lot 1/Open Space plat on the ground that the SWM Maintenance Agreement was not recorded with the existing Mountain Valley Subdivision.The SWM Maintenance Agreement required with the Lot 1/Open Space plat partially addresses the violation and brings the Lot 1/Open Space lands into compliance with the WPO (on that issue). 3. The documents I have reviewed so far fail to show whether the developer,the HOA, or anyone else owns the SWM Easements and the SWM Access Easements shown on the Lot 1/Open Space plat.This issue, along with obtaining the needed documentation, will be the focus of my discussion with Alden on Friday. Greg Kamptner Deputy County Attorney County of Albemarle gkamptnerPalbemarle.org "me vase • Christopher Perez From: Ana Kilmer Sent: Tuesday, April 14, 2015 12:07 PM To: Christopher Perez Subject: FW: Mountain Valley SWM Agreement FYI Ana D. Kilmer Management Analyst County of Albemarle Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer @albemarle.org From: Greg Kamptner Sent: Friday, April 10, 2015 4:35 PM To: Ana Kilmer Subject: RE: Mountain Valley SWM Agreement Ana- Nobody called me about this matter this week. My comments are in red below. A little history note, we have been involved with Mountain Valley from the birth and our research files, county communication files, and client corn files show no indication that such an agreement even in its draft form exist unit now. I think we have all been evenly taken back that the agreement was never / created/recorded. GK: The County requires that agreement; the subdivision is in violation of the Water V/ Protection Ordinance. Well as this review process has developed our thoughts were simply record the plat that creates the Open Space and the residue of Lot 1 and convey said Open Space to the existing HOA as "Association Property" with the maintenance intent as it is noted on the plat. GK: The Water Protection Ordinance requires the SWM Maintenance Agreement and the final plat cannot be approved until the subdivider complies with"all requirements."A statement of intent to maintain the facilities in a note on a plat is not sufficient. Then immediately following that deed the Agreement would be recorded signed by the President/Vice President of the HOA. GK: The SWM Maintenance Agreement would be approved prior to approval of the ✓ final plat, so depending on the ultimate result of determining the needed signatories as discussed in the following paragraph, merely recording the agreement immediately following the recording of the plat is fine. The County's control point to insure compliance would be no building permit would be issued until said 1 Nro up/ Sid agreement has been approved and recorded. GK: This scenario does not arise because the plat should not be approved until the requirements of the Water Protection Ordinance are satisfied. The County is authorized byr State law and the Subdivision Ordinance to withhold building permits for noncompliance with the Subdivision Ordinance. A simple letter on County letter head stating that would govern. GK: No, because the County does not enforce the letter, it enforces the regulation. ✓ I'm not for sure if Glenn's intent here is for the Agreement to be signed by the individual Lot owners or what as this is a community with its own HOA being no different then others around the County. This community shares access and maintenance to all "Association Property" as noted in the Covenants and Restrictions so I can't see why only the identified parcels are even an issue and in this case has been a delay. GK: I can't agree, based on the information provided. We need the deed that conveyed the SWM facilities and the SWM access easements to the HOA, or the deed book and page number so we can pull the deed.Note that the subdivision plat a t DB 3128 P 592 includes in note 5 that"All . . . storm water management easements . . . is hereby reserved by the developer." The plat itself depicts several easements as "SWM/BMP EASEMENT." These easements are distinguishable from those easements depicted on the plat as "20' SWM/BMP ACCESS EASEMENT"and "SWM/BMP 20' ACCESS EASEMENT." While the intent may have been for the note to cover all of these easements, its plain language does not do so, so the subdivider needs to clear that up if it is their position that they reserved all of the easements to later convey to the HOA. In addition, and perhaps it is because I don't have all of the documents, the "Company"has reserved in the supplemental declaration and the amended and restated declaration of covenants only"SWM/BMP Easement#1"and two "NEW 50' SWM/BMP ACCESS EASEMENT,"the latter of which are apparently shown on the lake easement plat. In sum, without more information, I can't determine who the appropriate signatories (as owners). The subdivider needs to demonstrate that all of the easements were properly reserved and thereafter conveyed to the HOA. Otherwise, we'll likely need to obtain the signatures of the owners of the affected parcels, as Glenn has advised, or some combination of the possible owners and easement holders. When the subdivider provides this information, they need to provide a roadmap to allow us to follow the path to the end result. If the issue is that "Landowner" for the agreement needs to be revised to say Mountain Valley Association, Inc., which in our event sequence noted above would hold true, then I'm quite sure we can make this happen rather quickly and smoothly. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org From: Ana Kilmer Sent: Tuesday, March 31, 2015 10:35 AM To: Greg Kamptner Subject: FW: Mountain Valley SWM Agreement Greg: Please see email from Rob Cummings related to stormwater agreement for Mountain Valley Subdivision. You might get a call from their attorney. I mentioned to them that I was working with you on this agreement. Thank you Ana D. Kilmer Management Analyst County of Albemarle 2 Review Comments SUB201400218 Project Name: lountain Valley Lot 1 - FINAL Date Completed: vlonday, February 02; 2015 Final Plat Reviewer: Christopher Perez 0 Department'DivisioWAgency: CID u Reviews Comments: From: Christopher Perez Sent: Monday, February 02, 2015 1:42 PM To: 'Rob Cummings' Subject: RE: CDP Mountain Valley Lot 1 SUB2014 -218_ final_PDF Rob, I have discussed the project with the County Attorney and I offer the following: The Stormwater Management facilities located in the open space lot are existing and depicted on the original subdMsion plat ( UB2003- 140) which was approved by the County on December 22, 2005_ As such the SWM maintenance agreement for this subdMsion should have been approved by the County and should have been recorded by the applicant. Please provide me a copy of the recorded SM agreement or the correct DB page ref number for me to pull this document- (Please note, I've also asked Ana Kilmer to look through her files to see if she has a copy of the recorded document )_ If the agreement was recorded then a new agreement will not be needed unless the facilities are being changed in some ways Aside from the above, all other platting comments have been addressed with the revised plat.. Christopher Pe Perez I Senior Planner Department of Community Development JCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville. VA22902 434.296.5832 ext_ 3443 Review status: See Recommendations F-1 Page: 1� County of Albemarle Printed [fin: 06118120'15 voist Noe Nese Christopher Perez From: Greg Kamptner Sent: Monday, February 02, 2015 11:41 AM To: Christopher Perez Subject: RE: SUB 2014-00218 Mountain Valley Lot 1 Unless the facilities are being changed in some way, a new agreement is not required.The agreement should have been recorded and it runs with the land so that Jessco now is subject to its terms. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: Christopher Perez Sent: Monday, February 02, 2015 11:38 AM To: Greg Kamptner Subject: RE: SUB 2014-00218 Mountain Valley Lot 1 Greg, These Stormwater Management facilities are existing and depicted on the original subdivision plat(SUB2003-140)which was approved by the County on December 22, 2005.Upon review of that file,I have comments from Allan Schuck which read "The SWM maintenance agreement for this subdivision has been approved by the county". I have requested Ana Kilmer provide me a copy of this agreement if she is able to locate it. I will note that when the subdivision was approved the owner was Evergreen Land Company. Today the subdivision is owned by Jessco LLC. If such an agreement was already recorded for these facilities,do we still need a new agreement to be recorded because the facilities are now being located in Open Space and the current owners are different from when the original agreement was approved? Christopher P,Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296. 832 ext.3443 From: Greg Kamptner Sent: Monday, February 02, 2015 8:59 AM To: Christopher Perez Subject: SUB 2014-00218 Mountain Valley Lot 1 Chris- It seems to me that maintenance of the privately maintained SWM facilities on the open space lot should be covered by our standard Stormwater Management Maintenance Agreement, an agreement entered into between the current owner of the open space lot and the County. In any event,the short maintenance provisions in the recorded covenants on pps. 16-17 and 24 don't satisfy County Code 14-317. Greg Kamptner Deputy County Attorney 1 lee Nimpr County of Albemarle %or — gkamptner @albemarle.org 2 off A ..+ vire 11 OH! vole VIRGINIA COUNTY OF ALBEMARLE Department of Community Development / / 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 Date: January 29, 2015 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Project Name: SUB20 1 4002 1 8—Mountain Valley Lot 1 -final Date Submitted: 1-26-15 Dear Mr. Kamptner: The above mentioned and attached plat proposes to subdivide the existing Lot 1 of Mountain Valley subdivision into two(2) lots; Residue of Lot 1 (23.7547 acres)and Open Space 1 (4.8429 acres). Please note that with this division the existing SWM Maintenance Easements would now be consolidated on Open Space 1, where currently these facilities are located on Lot 1 which is owned by Jessco LLC. In order for the subdivision agent to approve this division Section 14-317 Instrument evidencing maintenance of certain improvements must be complied with for the open space lot. In response to this requirement the applicant has provided the County with the previously recorded Covenants and Restrictions document associated with the original subdivision(DB3398-229)see attached. He believes this document should cover the maintenance of the proposed Open Space lot(Open Space 1). He points to Page 16 (Paragraph "L")of the document which discusses Sign and Landscape maintenance. Please review this document to determine if it is sufficient to cover maintenance of the open space being created with this lot. The applicant is trying to avoid revising the Covenants and Restrictions document until a later date. The applicant has requested County Attorney guidance as to whether it would be sufficient to meet the requirements of 14-317 by providing a note on the plat that would assign Jessco LLC to maintain the open space until a later date when it will be turned over to the Association. If that is possible, such a note would replace note#15 on the plat: "Open Space 1 is to be maintained by the Mountain Valley Community Association, Inc." For your convenience and consideration I offer my preliminary review of the document in Attachment A. At your earliest convenience,please review the attached documents and the attached plat for the division. Should you have any questions or comments please feel free to contact me. Sincerely, Christopher P. Perez, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 cperez@albemarle.org (434)296-5832,phone ex.3443 Attachment A Planning staff has conducted a preliminary review of the existing Covenants and Restrictions document and I offer the following observations: If the applicant does not want to revise the Covenants and Restrictions document just yet,revising note #15 on the plat to state that "Jessco, LLC shall maintain Open Space 1 until a later date that the Association is legally authorized to take it over."or something to that affect should suffice, as Jessco LLC currently owns that land,thus nothing would change. OR If the applicant intends to have the Association take over the maintenance of the Open Space at this time a revised Covenants and Restrictions document would have to be signed/notarized by the president of Mountain Valley Community Association, Inc. and recorded with the plat. Upon review of the entire document staff feels that Page 34,Article X, Section 14: "The cost of maintaining the Association Property and repairing or replacing any improvements permitted by the terms of this Restated Declaration... "has the most promise to cover the open space. However the restated declaration does not call out open space specifically but it does call out land owned by the Association with the definition of "Association Property". It would be cleaner to actually call out Open Space in the document but I am not sure it is necessary as the document provides the following: 1)page 2,(b)and(c)—defines the Association as "Mountain Valley Community Association, Inc" 2)page 2,(b)and(c)—defines Association Property. 2)the plat, sheet 1,note#15 provides the following note: "Open Space 1 is to be maintained by the Mountain Valley Community Association, Inc." 2)page 14, Article VI, Section 2—references the required services which the Association must perform as listed in Section 3 of article VI 3)page 15, Section 3 of article VI- lists the minimum functions and services the Association must perform. 4)page 16, paragraph "L"—states: "The Association shall maintain...structures within the easement. " 5)Page 34,Article X, Section 14: "The cost of maintaining the Association Property and repairing or replacing any improvements permitted by the terms of this Restated Declaration... " T County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434 - 296 -5832 Fax 434 - 972 -4126 Memorandum To: Kirk Hughes From: Christopher P. Perez, Senior Planner Division: Planning Date: January 15, 2015 Subject: SUB 201400218 Mountain Valley Lot 1 - Final 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. [Comment] On sheet 1, note #14 lists Parcel X as 0.555 acres; however, the plat referenced in the same note [SUB2014 -174] depicts this parcel as 0.595 acres. Revise as appropriate. Also, it appears the SUB2014 -174 was approved on 12- 19 -14. It shall be recorded prior to this plat being approved, once recorded please provide the deed book and page number on this plat. Please revise the note as applicable. 2. [14- 303(T)] Open Space 1 appears to qualify as a Special Lot per section 14 -303T. As such please revise note #3 on the plat as follows: "Open Space Lot I is a special lot established solely for Stormwater Management Facilities and Open Space purposes. " 3. [14- 302(A)14, 14- 303(G)] Who will maintain the Open Space Lot 1 which is depicted on the plat? Provide this information on the plat. 4. [14- 302(A)9] Building sites on proposed lots. Assure note #12 is accurate, as Open Space Lot 1 does not appear to contain a building site. Revise appropriately. 5. [14 -317] Instrument evidencing maintenance of certain improvements. Prior to-approval, an instrument evidencing maintenance of the Open Space will need to be submitted for County review and approval. If Mountain Valley subdivision already has a covenants and restrictions document associated with it that can cover it's maintenance, it may be appropriate to amend that document to include Open Space Lot 1. The County Attorney will be required to review/ approve the maintenance documents prior to final plat approval. Submit the draft documents to Planning staff for cursory review and then we'll forward them to the County Attorney for review/ approval. 6. [14- 302(B)(1)] General Information. When the plat is revised, please provide the date of the last revision on the plat. 7. [Comment] Engineering has been provided a copy of the plat for review. Pending their review. 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. 2