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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: Karl T. Lipscomb (klipscomb@cctownes.com)
From: Paty Saternye, Senior Planner
Division: Planning
Date: September 22, 2016
Subject: SUB 201600152 Fairhill Estates - Final
Fax 434-972-4126
The County of Albemarle Planning Division will approve the 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 5/2/2006):
1. [14-303] The plat shall be subject to the requirements of section 14-303 (Contents of final plat), as identified
on the "Final Subdivision Checklist" which is available from the Department of Community Development.
FINAL: Condition not fully addressed. See the Code specific comments below.
2. Approval of all new road names by the E-911 Addressing Coordinator. FINAL:Condition has been met.
See the E-911 Addressing Coordinator's approval attached.
3. [903.B.6.a Design Standards Manual] The plat shall be subject to the Current Development Division's
engineering review for compliance with section 903.B.6.a of the County's Design Standards Manual.
FINAL: Condition not fully addressed. See the engineering comments attached. Approval of
engineering is required prior to the Final Subdivision Plat approval.
4. Virginia Department of Transportation approval for road plans in accordance with the requirements for
acceptance into the State System. FINAL: Condition has been met. Road PIanq1SUB201500210 have
been approved.
5. [14-309 & 310] Written approval from the Health Department for all drain field locations. FINAL: Condition
has not vet been met. Submit a soil evaluation to the review planner. It will then be forwarded to the
Health Department for their review. Approval by the Health Department is required prior to the Final
Subdivision Plat approval.
6. [10.3.3.3.f] Approval and recordation of a preservation easement by the Public Recreational Facilities for
the Preservation Tract. FINAL: Condition has not vet been met. See the County's Rural Areas
Planner comments below. Approval of the Rural Areas Planner and the County Attorney is required
prior to the Final Subdivision Plat approval.
Final Plat Comments (Rural Areas Planner and County Attorney):
Conservation Easement:
7. The draft conservation deed of easement provided by the applicants was forwarded to the County Attorney's
Office for their review. The County Attorney's office had a more recent version of the conservation deed of
easement. Once the additional information requested below is provided the County Attorney's office will
complete their review of the proposed deed and respond in detail about edits that need to be made. The deed
of easement must be completed and signed by all the parties before the final plat can be signed. (Eventually,
once the final plat and deed of easement have been signed, both will need to be recorded together.).
Provide a map or plan that connects all the names for structures or structure parts (e.g., "1960's-era
structure," "1910's kitchen wing," etc.) listed in section 2(B)(2) to their actual locations. These labels may
be included on Exhibit B of the draft deed of easement, but the text on those exhibits is not legible. It is
recommended that after this information has been provided the County Staff meet with the applicant on site
and tour the existing buildings and building area.
9. Sections 2(B)(1) and 2(B)(2) refer to Exhibit B. However, the text on Exhibit B is not legible, so we can't tell if it is
sufficient. Exhibit B is also in color —it needs to be in black -and -white to be recorded properly. On sheet 1 of Exhibit
B, some portions of the structures are cut off. The images should be pulled back enough from the margins that they will
not cut off when being scanned for recordation.
10. Section 2(13)(8)(A) of the proposed deed of easement addresses a possible access easement across the
property for the use of RWSA. Provide information on whether or not this easement has yet been put in
place. Show the easement on the final plat.
11. Section 2(13)(8)(A) refers to an "Exhibit C," but that exhibit is not included in the draft and needs to be supplied.
Zoning Issues:
12. 18-10.3.3.3(f) states (in part) that "[e]xcept as specifically permitted by the director of current development
and zoning at time of establishment, not more than one (1) dwelling unit shall be located on any rural
preservation tract or development lot." The area proposed to be the preservation tract appears to have two
dwelling units, or at least two addressed structures (4680 and 4684 Fair Hill Lane). Zoning will need to
establish whether either or both of these structures are considered a dwelling unit.
• If both of these structures are dwelling units, then one of them will need to be downgraded to no
longer be a dwelling unit in order to meet requirement in 10.3.3.3(f) above before the final plat can
be approved.
• If one of these structures is not a dwelling unit, that fact should be verified in writing from Zoning
before the final plat is approved.
Final Plat Comments (Planning):
13. [14-302(A)(1)] Name of subdivision. Revise the name of the subdivision plat to be "Fairhill Estates Lots 3, 4,
& 5 subdivision and preservation lot 14 boundary line adjustment".
14. [14-302(A)(3) & 14-303(M)] Existing or platted streets; Street names. Provide labels for Carlyle Place on
sheet 2 and Dylan Court on sheets 4 & 5.
15. [14-302(A)5] Public easements. Revise the label for the 20' Sanitary Sewer Easement on sheet 2 to specify
DB 2376 PG 272. Add a label for the 20' Sanitary Sewer Easement on sheet 3. Deed book 1360 page 124
does not appear to be the correct reference for the 50' Sanitary Sewer Easement shown on sheet 4. Please
research and update this label as appropriate. If deed book 1360 page 124 is correct please provide the
recorded plat for reference.
16. [14-302(A)(5), 14-302(A)(15) & 14-303(L)] Public easements; Identification of all owners and certain
interest holders; Dimension standards and information on all lots, streets, alleys, easements, and shared
driveways; Public utility, drainage and sight distance easements. Submit the deeds of easements for the
proposed slope & drainage and access easements. See the attached template for Deeds of Dedication and
Easement for the drainage easements. I've also attached the template for a Private Street Maintenance
Agreement that can be utilized if the 20' access easement is private. The deeds will be reviewed by the
County Attorney. The County Attorney's approval of the deeds is required before this subdivision plat will be
approved. Also, revise the note for the new 20' access easement to state that it is new and who the access
easement is for.
17. [14-302 (A)(5), 14-303 (E) & (L)] If there is a proposed access easement for RWSA, as specified in the
draft deed of easement, show it on the plat and provide all information required for a proposed public
easement. RWSA will be required to review the plat once this proposed access easement is shown. If the
easement is included on the plat RWSA's approval will be required prior to Final Subdivision Plat approval.
18. [14-302(A)(7)] Existing and departing lot lines. Provide the departing lot lines for TM 57-38 on sheets 2 and
3.
19. [14-302(A)(9)] Building sites on proposed lots. Provide an exhibit that shows the 30,000 square feet building
site rectangle for each proposed development lot, the critical slope areas, the flood plain, and the Water
Protection Ordinance stream buffers.
20. [14-302(A)(10)] Right of further division of proposed lots. Revise number 5 under "Notes" to state that "Lots
3, 4, 5, & 14 each may contain only one dwelling unit. Residual lots 1, 2 & 3 may only be subdivided as
shown in the approved Preliminary Subdivision Plat SUB200600022 and once subdivided each lot may only
contain one dwelling unit. There may not be any further division without Planning Commission approval."
21. 11 4-302(A)(1 6)] Dam Break inundation zones. Provide the limits of the dam break inundation zone on the
subdivision plat. Add a note on the coversheet that states, "TM 57-35 lies partially within the dam
inundation zone."
22. [14-302(B)(4)] Places of burial. Provide the location of any grave, object or structure marking a place of
burial located on the property. The plat included in deed book 3293 page 176 shows an existing cemetery
within TM 57-35.
23. [14-302(B)(7)] Reservoir watershed, agricultural -forestal district. Provide a note stating that the parcels are
not within an agricultural -forestal district.
24. [14-302(B)(8)] Yards. Revise the note on "Setback Requirements:" to include both the "Front (existing
public roads)" of 75' and the "Front (internal public or private road)" of 25' setbacks.
25. [14-302(B)(10)] Stream buffers. Provide on the plat the location of the Water Protection Ordinance buffers.
The 100' buffers impact all three existing parcels; TM 56-100F, TM 57-35 and TM 57-35B.
26. [14-303(A)] Statement of consent to division. Remove any additional language beyond the wording
specified for the "Statement of Consent to Division" in the County Code and listed in the submission
checklist, which is "The platting or dedication of the following described land [insert a correct description of
the land subdivided] is with the free consent and in accordance with the desire of the undersigned owners,
proprietors and trustees, if any." Also, revise the description to be "Fairhill Estates Lots 3, 4, 5 & 14".
27. [14-303(C) & (E)] Boundary lines; Dimension standards and information on all lots, streets, alleys,
easements, and shared driveways. Provide the existing boundary lines and existing boundary line lengths
and bearings for the boundary lines to be extinguished. Also, provide all linear, angular, and curvilinear
dimensions for the lots and public easements on the plat. There are many road boundary lines that are
labeled but do not have corresponding data on the line table. Data is missing for L30 to L34, L36 to L38,
L40 to L42, L106, L107, L119, & L120.
28. [14-303(H)] Monuments. Provide the location and material of all permanent reference monuments found.
29. [14-303(J)] Restrictions. Replace the WPO stream buffer note (#9) with the note included on the
preliminary subdivision plat that stated, "Stream Buffer & Critical Slope Deed Restriction Areas Note: Stream
buffer and critical slope protection areas are to remain undisturbed and preserved in their natural condition.
Outbuildings, lawns, crops, and regular mowing are prohibited. The stream buffer shown hereon shall be
managed in accordance with the Albemarle county protection ordinance.
30. [14-303(0)] Signature panels. Clarify the ownership of the parcels and the names shown in the signature
panel. Deed book 3293 page 176 specifies the owners to be Southern Classic, Inc and Fair Hill Farm, LLC.
The real estate record, as shown on the County's GIS, shows only Fair Hill Farm, LLC as the owner. The
signature panels on the proposed subdivision plat list Southern Classic Inc. and David Mitchell as owners.
31. [14-303(Q)] Water supply. Provide a note that states, "Under current county policy, public water and/or
sewer will not be available for this property."
32. [14-303(R)] Parent parcel access. Provide a note that states, "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
any public street."
33. [14-303(S)] Control points. Provide a fourth control point on sheet 2.
34. [Comment] This plat cannot be approved until all road and WPO improvements are built or bonded.
35. [Comment] This plat cannot be approved until Engineering and VDOT grant their approval. E911 has
already approved the plat. Their comments have been attached.
Please contact Pat er a in the Planning Division by using psaternye(c�albemarle.org or 434-296-5832 ext.
3250 for further i or ati n.
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