HomeMy WebLinkAboutSUB201600220 Review Comments 2017-04-28 r
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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
434-296-5832
Memorandum
To: Christopher Kean
From: Christopher P. Perez, Senior Planner
Division: Planning
Date: April 28,2017
Subject: SUB2016-220 Briarwood Primary Rec Area and Maintenance Easement- Easement Plat
The County of Albemarle Planning Division will grant or recommend approval of the easement 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. 114-403] Lot Frontage. The residue acreage depicted on the plat is not approvable as a standalone parcel
because it is the primary recreational areas' only public/private street frontage, thus it cannot be divided
off. Rev 3. Comment addressed.
2. [Comment] The portion of the New 50'Access Easement to Serve Briarwood's Primary Recreational
Area (0.068) that is located on TMP 32G-1 is unnecessary as this land shall remain as open space to be
maintained by the HOA. This portion of the easement shall be revised to be an extension of the New
Variable Width Drainage, Stormwater Management, Access &Maintenance Easement to maintain
access to the stonnwater facility. Rev 3. Comment addressed.
3. 114-303(0)&(P)] Signature panels. The notary statement shall be provided below the owner signature
line. Currently it is provided on the other side of the page. Rev 3. Comment addressed.
4. [Comment] Provide the recordation information for the access easement over Ray Beard's property.
Rev 3. C mment addressed.
5. -302(A)(1)1 Name of the Subdivision. Revise the title of the plat to reference the subdivision of the
i 19.778 acres from the rest of TMP 32G-1. Rev 3. Comment not addressed.
.7
6. [1 -317] Instrument evidencing maintenance of certain improvements. With this plat submit an
lam, instrument assuring the perpetual maintenance of the open space area which covers all improvements;
such as, the primary recreational area,the stormwater management facilities, access,trails, and any
other improvements that are to be maintained by the HOA in perpetuity. County Attorney approva is
required prior to final plat approval. Rev 3. Comment not addressed. e, fi
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pit\ r,e.•, ) 4,./Ine:A.s.
7.,'[14-302(A)(4)] Private or Public Easements. babel the proposed easement as"private".
Zoning Comment—Amelia McCulley
1. IZMA2004-14 Application plan] It appears that the pipestem between TMP 32E-0C-1 and TMP 32E-
OB-35 is not part of the Briarwood zoning. However,that pipestem is currently necessarily as part of the
open space property in Briarwood because it provides required road frontage. I should note that the
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current official zoninips show this pipestem as being part of th arwood zoning. I have not found
that to be the case and will have it corrected unless we find information to the contrary. Rev 3.
Comment addressed.
Engineering Cmments—Matthew Wentland
71,�, ngineering has been directed by the County Attorney's Office that a deed will be required for
/'Forested&Open Space and that only a note on the plat will not be sufficient. A deed will be formatted
o' '1Gti t; and sent to the owner for signature once the plat is ready for approval. Rev 3.Comment still applicable
�/ and relevant.
2. The area required for the Forest and Open Space Easement per the WPO plans is 10.25 acres.
Rev 3. Comment addressed.
Staff has provided references to the County Code.The Code is kept up-to-date by the County Attorney's office
and may be found at www.albemarle.org/countycode. In accord with the provisions of Section 14-229(B)of
Chapter 14,if the applicant fails to submit a revised plat to address all of the requirements within six(6)months
after the date of this letter,then the application shall be deemed voluntarily withdrawn.Please contact
Christopher Perez at the Division of Current Development at cperez@albemarle.org or 434-296-5832 ext. 3443
for further information.
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County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
434-296-5832
Memorandum
To: Christopher Kean
From: Christopher P. Perez, Senior Planner
Division: Planning
Date: April 11,2017
Subject: SUB2016-220 Briarwood Primary Rec Area and Maintenance Easement-Easement Plat
The County of Albemarle Planning Division will grant or recommend approval of the easement 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/ [14-403]Lot Frontage. The residue acreage depicted on the plat is not approvable as a standalone parcel
`� because it is the primary recreational areas' only public/private street frontage,thus it cannot be divided
off
2. [Coiment] The portion of the New 50'Access Easement to Serve Briarwood's Primary Recreational
ea (0.068)that is located on TMP 32G-1 is unnecessary as this land shall remain as open space to be
maintained by the HOA. This portion of the easement shall be revised to be an extension of the New
Variable Width Drainage, Stormwater Management,Access &Maintenance Easement to maintain
access to the stormwater facility.
3. 14-303(0)&(P)] Signature panels. The notary statement shall be provided below the owner signature
line. Currentlyit isprovided on the other side of the page.
pg
4.7 [Comment] Provide the recordation information for the access easement over Ray Beard's property.
[14-302(A)(1)] Name of the Subdivision. Revise the title of the plat to reference the subdivision of the
`�- 19.778 acres from the rest of TMP 32G-1.
6 [14-317] Instrument evidencing maintenance of certain improvements. With this plat submit an
-` instrument assuring the perpetual maintenance of the open space area which covers all improvements;
such as,the primary recreational area,the stormwater management facilities, access,trails, and any
other improvements that are to be maintained by the HOA in perpetuity. County Attorney approval is
required prior to final plat approval.
Zoning Comment—Amelia McCulley
k' [ZMA2004-14 Application plan] It appears that the pipestem between TMP 32E-0C-1 and TMP 32E-
OB-35 is not part of the Briarwood zoning. However,that pipestem is currently necessarily as part of the
open space property in Briarwood because it provides required road frontage. I should note that the
current official zoning maps show this pipestem as being part of the Briarwood zoning. I have not found
that to be the case and will have it corrected unless we find information to the contrary.
Engineering Comments—Matthe" 'Wentland
1. Engineering has been directed by the County Attorney's Office that a deed will be required for
Forested&Open Space and that only a note on the plat will not be sufficient.A deed will be formatted
and sent to the owner for signature once the plat is ready for approval.
„-
4/21-The area required for the Forest and Open Space Easement per the WPO plans is 10.25 acres.
Staff has provided references to the County Code. The Code is kept up-to-date by the County Attorney's office
and may be found at www.albemarle.org/countycode. In accord with the provisions of Section 14-229(B) of
Chapter 14, if the applicant fails to submit a revised plat to address all of the requirements within six(6)months
after the date of this letter,then the application shall be deemed voluntarily withdrawn.Please contact
Christopher Perez at the Division of Current Development at cperez@albemarle.org or 434-296-5832 ext. 3443
for further information.
Christopher Perez
From: Christopher Perez
Sent: Tuesday,April 11, 2017 9:08 AM
To: 'Chris Kean'; 'Nena H'
Cc: Matthew Wentland; Scott Collins
Subject: SUB2016-220 Briarwood Primary Rec Area and Maintenance Easement - Easement Plat
Attachments: 4-11-17 CD2_SUB2016-220 Briarwood Primary Rec Area and Maintenance Easement -
Easement Plat.pdf
Nena&C. Kean,
SUB2016-220 Briarwood Primary Rec Area and Maintenance Easement-Easement Plat
Attached are the review comments for the above ref plat.
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
1
Christopher Perez
From: Amelia McCulley
Sent: Monday, April 10, 2017 4:24 PM
To: Christopher Perez
Cc: Amelia McCulley
Subject: RE: SUB2016-220 Briarwood Primary Recreational Area Plat
Chris,
Below please find the responses to your two questions:
1) Is the pipestem between TMP 32E-0C-1 and TMP 32E-0B-35 part of IMP 32G-1?
Based on the latest plat (dated revised 3-16-17) by Lincoln Surveying, it is. The surveyor has done the title
search to determine property lines and shows it as all one parcel.
2) Can the pipestem (mentioned above) be divided off as a separate residential building lot currently?
It appears that this pipestem is not part of the Briarwood zoning. However, that pipestem is currently
necessarily a part of the open space property in Briarwood because it provides required road frontage. I should
note that the current official zoning maps show this pipestem as being part of the Briarwood zoning. I have not
found that to be the case and will have it corrected unless we find information to the contrary.
From: Christopher Perez
Sent:Thursday, March 30, 2017 1:54 PM
To:Amelia McCulley<AMCCULLE@albemarle.org>
Subject: SUB2016-220 Briarwood Primary Recreational Area Plat
Amelia,
SUB2016-220 Briarwood Primary Recreational Area Plat
I've got one more question about the residue for you to look into while your doing your review of the above item, which
is also about the residue. County GIS, 1979 TMP, Camelot Subdivision plat, all indicate that the land between TMP32E-
OC-1 and TMP 32E-OB-35 which fronts on St. Ives Road is truly part of TMP 32G-1. However, the rezoning application
plan does not depict this as such. Is this truly apart of that parcel?
County GIS depicts the following
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1979 TMPs depicts the following
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Christopher P.Perez I Senior Planner
Department of Community Development I County of Albemarle,Virginia
401 McIntire Road I Charlottesville,VA 22902
434.296.5832 ext.3443
3
Christopher Perez
From: Christopher Perez
Sent: Thursday, March 30, 2017 1:54 PM
To: Amelia McCulley
Subject: SUB2016-220 Briarwood Primary Recreational Area Plat
Attachments: ZMA200500009_Action_Letter_17939.pdf
Amelia,
SUB2016-220 Briarwood Primary Recreational Area Plat
I've got one more question about the residue for you to look into while your doing your review of the above item, which
is also about the residue. County GIS, 1979 TMP, Camelot Subdivision plat, all indicate that the land between TMP32E-
OC-1 and TMP 32E-OB-35 which fronts on St. Ives Road is truly part of TMP 32G-1. However,the rezoning application
plan does not depict this as such. Is this truly apart of that parcel? c (r i-
fevegi
Coun GIS delicts the followin. AD-
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1979 TMPs de s icts the followin
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Camelot Subdivision Plat-DB 450-123 depicts the following:
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Rezonin 1 ZMA2005-9 de s icts the followin
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------\ . .
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
2
Amelia,
I am requesting a Zoning review on the attached plat. I have met with Nena and Wendell a bunch of times
and they request an interpretation of the rezoning from you. The primary focus of my request to you is:
the proposed"residue lot"which fronts on St Ivers Road(highlighted for your on the plat).The applicant
wants to subdivide this section off and leave it for future development. I have already said it cannot
happen with the following two comments my intial review but they request a Zoning interpretation:
1. [ZMA2004-14 Application plan] The residue acreage depicted on the plat is not approvable as a
standalone parcel because it does not conform with the Briarwood rezoning.This land shall be added to
and remain part of the primary recreational area as open space.
2. [ZMA2004-14 Application plan] The entire 19.778 acres (+the acreage of the residue depicted on the
plat and mentioned above) shall be platted as open space and maintained by the HOA.
Additionally,this residue parcel is the lot's only frontage,by subdividing this portion of the parcel off
TMP 32G-1 is left without frontage,that alone will be my reasoning for killing this idea, and I'll put that
in the comment letter on this round of review. But the applicant requests Zoning weigh in on this request.
Please review this and provide some guidance in a review comment.
Thanks
Christopher Perez
From: Christopher Perez
Sent: Monday, February 13, 2017 1:08 PM
To: 'Nena Harrell'
Cc: 'Scott Collins';Amelia McCulley; Rebecca Ragsdale; Matthew Wentland
Subject: SUB2016-220 Briarwood Primary Rec Area Plat & Discussion about road plan phasing.
Attachments: ZMA200500009_Action_Letter_17939.pdf
Nena,
SUB2016-220 Briarwood Primary Rec Area Plat
I have not had a chance to get with her on that issue since our meeting; however, this discussion would come
when the plat is resubmitted to address all the other issues on the plat. At which point I'd distribute the revised
plat to Zoning for review/consideration. Notably, she is out till Feb 22. My advice, submit the revised plat along
with a comment response letter as to why each comment is not addressed and state your case for why you
should be permitted to divide off the "residue" and "the stub out portion fronting St. Ives". Zoning will review
it and we'll have a final answer on that aspect of the plat for you.
Discussion about road plan phasing:
I have pondered this item a bit since the meeting, I offer the following: As part of the ZMA2005-00009
approval the developer agreed to provide a connection to Camelot (Option A or Option B). Option A has since
been lost through platting of lots in this area of Briarwood, thus Option B is the only option remaining. Option
B is the connection through phase 4 to Camelot. I move that the entire portion of St. Ives road, which is shown
on the road plan for phase 4 (including the portion fronting Mr. Beard's property) is the responsibility of
Briarwood to build/bond, as this provides the connection to Camelot, which would satisfy this condition.
Without it all you are doing is connecting to the Primary Recreational Area to Phase 4. See attached approval
letter, with page 9 requiring this in note#5. [If you disagree with this reading of the condition, Amelia would
have to make the call. Once the revised road plan comes in, if it depicts phasing, Zoning will be required to
review it].
Additional items causing havoc on a phased road plan: Stormwater drainage for the majority of the lots in phase
4 depend on the SWM facility and pipes that run the length of phase 4 road plan and drain into the SWM
facility next to RWSA's property. Thus to phase it, this entire drainage layout would have to be reworked.
Christopher P. Perez 1 Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 Mclntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
From: Nena Harrell (mailto:ulcwww@embarqmail.com]
Sent: Monday, February 13, 2017 11:33 AM
To:Christopher Perez<cperez@albemarle.org>
Cc: 'Scott Collins'<scott@collins-engineering.com>
Subject: RE:SDP201600045 Briarwood Recreational Area -final site plan (BONDING OPTION)
Hi Chris,
Hope you had a restful weekend O.
1
itime
Have you had chance to get with Amelia re open space/residue issue on the rec area site plan? Chris Kean will revise
plat this week so would like to get this moving forward.
Thanks,
Nena Harrell
United Land Corporation
Vice President
PO Box 5548
Charlottesville,VA 22905
434-975-3334 Fax434-975-0267
From: Christopher Perez [mailto:cperez@albemarle.org]
Sent: Monday,January 30, 2017 1:12 PM
To: Nena Harrell<ulcwww@embargmail.com>
Cc: Lisa Green<Igreen2@albemarle.org>; Amelia McCulley<AMCCULLE@albemarle.org>; Megan Brown
<mbrownl@albemarle.org>; 'Scott Collins'<scott@collins-engineering.com>
Subject: RE: SDP201600045 Briarwood Recreational Area -final site plan (BONDING OPTION)
Nena,
Re: SDP201600045 Briarwood Recreational Area-final site plan(BONDING OPTION)
I am available to meet you this week as follows:
*Tuesday(from 8 11 am and then from 1 -2pm)
*Wednesday(from 8am— 11am)
*Thursday(from 11-12 and then 1-3pm)
*Friday(8-11am 2-3pm)
Do any of these times work for you?
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: Nena Harrell [mailto:ulcwww@embargmail.com]
Sent: Monday,January 30, 2017 10:16 AM
To:Christopher Perez<cperez@albemarle.org>; 'Scott Collins' <scott@collins-engineering.com>
Cc: Lisa Green<Igreen2@albemarle.org>; Amelia McCulley<AMCCULLE@albemarle.org>; Megan Brown
<mbrownl@albemarle.org>
Subject: RE: SDP201600045 Briarwood Recreational Area -final site plan(BONDING OPTION)
Chris,
Thank you for your letter; however,we do still have some items that we would like to discuss. What is your
availability?
Amelia, we would also appreciate your participation. Should not be a long meeting.
Thanks,
Nena Harrell
2
A
United Land Corporation
Vice President
PO Box 5548
Charlottesville,VA 22905
434-975-3334 Fax434-975-0267
From:Christopher Perez [mailto:cperez@albemarle.org]
Sent: Monday,January 23, 2017 12:24 PM
To: Nena Harrell<ulcwww@embarqmail.com>; 'Scott Collins' <scott@collins-engineering.com>
Cc: Lisa Green <Igreen2@albemarle.org>; Amelia McCulley<AMCCULLE@albemarle.org>; Megan Brown
<mbrownl@albemarle.org>
Subject: RE: SDP201600045 Briarwood Recreational Area -final site plan (BONDING OPTION)
Nena/Scott,
RE: SDP201600045 Briarwood Recreational Area-final site plan (BONDING OPTION)
Attached are the proffers for Briarwood, see proffer#4,excerpt provided below, which provides the bonding option for
the improvements associated with the Primary Recreational Area Site Plan.
IZMA2005-09 Proffer#41 The primary recreational area shall be built or bonded for its construction prior to final
plat approval of phase 4. This recreational area shall be built prior to completion of Phase 4...
The primary recreational area can be bonded once the final site plan is signed/approved by the County. Attached is the
latest comment letter on the final site plan. Currently there are numerous large items still outstanding prior to final site
plan approval. I suggest the items be accomplished in the following order:
(1)The easement plat into the site across Ray Beard's property is not yet approved/recorded yet—this is needed prior to final site plan
approval otherwise they don't have access to the recreational area over Ray's property.
(2)The road plan for phase 4 which includes the portion of St/.Ives fronting the rec area is not approved/bonded yet-this road plan needs
to
be finished up 1"bc it is needed to provide access to the recreational area.
(3)The subdivision plat for the recreational area(subdividing it off of the rest of the parcel)is not yet approved—this matters bc this plat
also
records required SWM easements required for the final site plan.This plat also dedicated the land to the HOA and divides it so it's it's own
parcel.
(4)WPO is not yet approved and requires the two plats mentioned above and bonding prior to it being approved.
I also want to make sure you understand that the primary recreational area must be built before the 26nd certificate of
occupancy(which is 50%of the units in phase 4 subdivision plat) [requirement based on Sec. 4.16].
Hope this helps.
Christopher P.Perez 1 Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road l Charlottesville, VA 22902
434.296.5832 ext.3443
From: Nena Harrell [mailto:ulcwww@embarqmail.com]
Sent: Monday,January 23, 2017 11:09 AM
To: Christopher Perez<cperez@albemarle.org>
Subject: FW: SUB2016-185_Briarwood Phase 4 and 6- Final Sub Plat
3
Chris,
Please see email below. Really would like to meet with you for few minutes or perhaps we can just schedule a call.
Thanks,
Nena Harrell
United Land Corporation
Vice President
PO Box 5548
Charlottesville,VA 22905
434-975-3334 Fax434-975-0267
4
Christopher Perez
From: Christopher Perez
Sent: Monday, March 20, 2017 11:20 AM
To: 'Nena Harrell'
Subject: RE: SUB2016-222 Access Easement for Briarwood Primary Rec Area - Easement Plat
Attachments: CD2_SUB2016-222 Access Easement for Briarwood Primary Rec Area - Easement Plat -
2-21-17.pdf
Nena,
SUB2016-222 Access Easement for Briarwood Primary Rec Area-Easement Plat
It appears all platting items are addressed(via the 2-21-17 PDF submittal); however, comment#4 has not been
addressed yet. Submit the revised plat(1 copy of the mylar will suffice) and the required maintenance doc for County
Attorney review/approval. Most likely you'll provide a supplement to the existing maintenance docs for Briarwood. Once
the County Attorney reviews�and a proves the doc the plat can be approved.
SUB2016-220 Briarwood Primary Rec Area and Maintenance Easement-Easement PlatSubmit a minimum of 3 hard copies for review.
Original Message
From: Nena Harrell [mailto:ulcwww@embarqmail.com]
Sent: Monday, March 20, 2017 10:37 AM
To: Christopher Perez<cperez@albemarle.org>
Subject: FW: SUB2016-222 Access Easement for Briarwood Primary Rec Area -Easement Plat
Chris,
I was planning on bring Mylar for signature on easement plat per your email below. Do I still need 3
copies? Understand I need 3 for rec area plat. I have rec area plat sub #2016-220 and easement plat 2016-
220?? Please confirm.
Nena Harrell
United Land Corporation
Vice President
PO Box 5548
Charlottesville,VA 22905
434-975-3334 Fax434-975-0267
Original Message
From: Nena Harrell [mailto:ulcwww@embarqmail.com]
Sent:Tuesday, February 21, 2017 3:37 PM
To: 'Christopher Perez'<cperez@albemarle.org>
Subject: RE:SUB2016-222 Access Easement for Briarwood Primary Rec Area - Easement Plat
Thanks, Chris.
Nena Harrell
United Land Corporation
Vice President
PO Box 5548
Charlottesville,VA 22905
434-975-3334 Fax434-975-0267
Original Message
From: Christopher Perez [mailto:cperez@albemarle.org]
Sent:Tuesday, February 21, 2017 2:56 PM
To: Nena Harrell <ulcwww@embarqmail.com>
Cc: 'Scott Collins'<scott@collins-engineering.com>
Subject: FW: SUB2016-222 Access Easement for Briarwood Primary Rec Area - Easement Plat
Nena,
SUB2016-222 Access Easement for Briarwood Primary Rec Area- Easement Plat
I just received VDOT's approval on the revised plat.
From: Deel,Justin (VDOT) [mailto:Justin.Deel@vdot.virginia.gov]
Sent:Tuesday, February 21, 2017 2:37 PM
To: Christopher Perez<cperez@albemarle.org>
Subject: RE: SUB2016-222 Access Easement for Briarwood Primary Rec Area - Easement Plat
Looks good,thanks!
From: Christopher Perez [mailto:cperez@albemarle.org]
Sent:Tuesday, February 21, 2017 12:33 PM
To: Deel,Justin (VDOT)
Subject: SUB2016-222 Access Easement for Briarwood Primary Rec Area- Easement Plat
Justin,
SUB2016-222 Access Easement for Briarwood Primary Rec Area - Easement Plat
The applicant just shot over the attached PDF revision to the above ref plat.VDOT's only comment was for the applicant
to provide a site distance note,which has been provided on the plat under the red-clouded area on the plan. If you
could please review and send me over a quick approval/blessing that VDOT's good with this plat.
thanks
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: Nena Harrell [mailto:ulcwww@embargmail.com]
Sent:Tuesday, February 21, 2017 12:09 PM
To: Christopher Perez<cperez@albemarle.org<mailto:cperez@albemarle.org»
Cc: 'Scott Collins'<scott@collins-engineering.com<mailto:scott@collins-engineering.com»
Subject: FW: Beard Easement Plat(TMP 32E-2)
Chris,
2
' k
See attached revised access easement plat. Have meeting Thursday with Mr. Beard so just wanted to confirm it is OK.
Thanks,
Nena Harrell
United Land Corporation
Vice President
PO Box 5548
Charlottesville,VA 22905
434-975-3334 Fax434-975-0267
From:Joe Keller [mailto:joe.keller@lincolnsurveying.com]
Sent:Tuesday, February 21, 2017 11:30 AM
To: Nena Harrell<ulcwww@embargmail.com<mailto:ulcwww@embargmail.com»; Scott Collins<scott@collins-
engineering.com<mailto:scott@collins-engineering.com»; Chris Kean
<chris.kean@lincolnsurveying.com<mailto:chris.kean@lincolnsurveying.com»
Subject: Beard Easement Plat(TMP 32E-2)
Nena,
Here is a review print of the Beard easement with the note for the temporary grading easement added.
Let us know if you need anything else.
Joe Keller
Certified Survey Technician II
Lincoln Surveying
632 Berkmar Circle
Charlottesville,Va. 22901
Office: 434-974-1417
Cell: 540-223-0545
Fax: 434-974-1776
[https://docs.google.com/uc?export=download&id=0B6bwGszW29O0ZXRCYi1jeS1XSG8&revid=0B6bwGszW29O0WFha
NDh1VDIGaCtTMkZyMWVFUEU2ekZkKOINPQ]
3
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County of Albemarle
Department of Community Development "`'a
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832 Fax 434-972-4126
Memorandum
To: Christopher Kean
From: Christopher P. Perez, Senior Planner
Division: Planning
Date: December 12, 2016
Subject: SUB2016-220 Briarwood Primary Rec Area and Maintenance Easement-Easement Plat
The County of Albemarle Planning Division will grant or recommend approval of the easement 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.]
j 1. [ZMA2004-14 Application plan] The residue acreage depicted on the plat is not approvable as a
A standalone parcel because it does not conform with the Briarwood rezoning. This land shall be added to
/�" " h , and remain part of the primary recreational area as open space.
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2. [ZMA2004-14 Application plan] The entire 19.6 acres (+the acreage of the residue depicted on the
plat and mentioned above) shall be platted as open space and maintained by the HOA.
3. [Comment] County records indicate that the land between TMP32E-OC-1 and TMP 32E-OB-35 which
fronts on St. Ives Road is truly part of TMP 32G-1. As such this land shall also be platted as open space
on this plat.
4. [14-428] Dedication of open space. Provide the following note: "Open Space is hereby dedicated to the
HOA."
5. [Comment] The portion of the New 50'Access Easement to Serve Briarwood's Primary Recreational
Area (0.160)that is located on TMP 32G-1 is unnecessary as this land shall remain as open space to be
maintained by the HOA. This portion of the easement shall be revised to be an extension of the New
Variable Width Drainage, Stormwater Management,Access &Maintenance Easement to maintain
access to the stormwater facility.
6. [14-302(A)(4&5,32.7.4.2)] Easements. Revise the"New Variable Width Drainage, Stormwater
Management, Access Easement, &Maintenance Easement"to either be public or private. If any portion
of this easement is to be public,specify that on the plat and provide a note which dedicates it to public
use. Typically access to and over the facility is the only thing that is dedicated to public use. Prior to plat
approval a deed of dedication is required. County Attorney approval of the document is required.
7. 114-302(A)41 Easements. Depict the limits, acreage and dimensions of the New Preservation Easement.
8. [14-317]Instrument evidencing maintenance of certain improvements. With this plat submit an
instrument assuring the perpetual maintenance of the open space area which covers all improvements;
such as,the primary recreational area,the stormwater management facilities,access,trails, and any
other improvements that are to be maintained by the HOA in perpetuity. County Attorney approval is
Itiate *100
required prior to final plat approval.
9. [14-303(0)&(P)] Signature panels. Provide signature lines,notary statements, and addresses for the
owners. Also,provide a signature line for agent approval.
10. [14-303(A)] Statement of consent to division. Provide the following note: "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."
11. 114-302(B)51 Zoning. The two zoning notes provided on sheet 2 shall be combined into a single note.
12. [14-302(B)(1)] General Information. Provide the date of the last revision.
13. [Comment] Prior to approval of this plat the access easement over Ray Beard's property shall be
approved,recorded, and the DB page information provided on this plat.
14. [ZMA2004-14 Application plan,Proffer 4, and Proffer 11 As a reminder,the primary recreation area
shall be built or bonded prior to final plat approval of Phase 4.
15. Engineering Comments—Matthew Wentland
1) Engineering has been directed by the County Attorney's Office that a deed will be required for
Forested&Open Space and that only a note on the plat will not be sufficient. Please contact me or John
Blair in the County Attorney's Office for further guidance.
2)The easement on the plat should be labelled as a Forest and Open Space Easement.
3)The area required for the Forest and Open Space Easement per the WPO plans is 10.25 acres.
Staff has provided references to the County Code. The Code is kept up-to-date by the County Attorney's office
and may be found at www.albemarle.orgicountycode. In accord with the provisions of Section 14-229(B) of
Chapter 14,if the applicant fails to submit a revised plat to address all of the requirements within six(6)months
after the date of this letter,then the application shall be deemed voluntarily withdrawn. Please contact
Christopher Perez at the Division of Current Development at cperez@albemarle.org or 434-296-5832 ext. 3443
for further information.