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HomeMy WebLinkAboutSUB201700085 Review Comments Final Plat 2017-06-22Phone 434-296-5832 County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Memorandum To: Kirk Hughes (kirk@khals.net) From: Cameron Langille, Senior Planner Division: Planning Date: June 22, 2017 Subject: SUB201700085 UVA Research Park Town Center IV — Final Plat Fax 434-972-4126 The County of Albemarle Planning Division will grant or recommend approval of the 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. [General Comment] Staff requests that a smaller scale is used on Sheets 1-7, or an additional drawing be included on the next submittal that shows the overall area of the subdivision, with existing and departing lot lines, and clear boundaries for areas A, B, C, D. Proposed easements can be labeled and shaded. Without match lines on Sheets 1-7, it is difficult to verify that all portions of existing and proposed lot lines and easements are shown. It is also difficult to scale and dimension easement segments and new lot boundaries. For example, it appears that a segment of the new 20' waterline easement is cut-off between Sheets 2, 3, and 4. Specifically, the segments of the easement labeled L44 through L53 are difficult to scale with the current drawing layout. If possible, a larger scale could be used so that the dimensions all line segments begin and end on one sheet. For example, the southern parcel boundary of Parcel A measures 368.42' but it is only labeled on Sheet 6 while the line length is measured across Sheets 5 and 6. 2. [General Comment] Please add match lines to all drawings. 3. [General Comment] Please add a Legend to the plats that identifies all symbols, abbreviations, and line types used. 4. [14-302 (A)(3) and 14-302 (A)(4)] Please label Research Park Boulevard on Sheet 6, and identify it as a private street easement with the deed book and page number and width dimension. 5. [14-303 (A)(4)] Some line segments along the proposed easement centerlines end at a point before reaching the full length of the easement boundary. The scaled distances from the centerline end point to the actual easement boundaries vary between 10' and 18'. Please either show a distance measurement from the last line point to the actual easement boundary, or have all centerline segments extend the full length of each easement. The Line Tables on Sheet 1 will need to be amended to reflect the change in distances. The line segments to which this comment applies are as follows: a. Private storm easement: L32 and L33 (Sheet 3); L23 and L27 (Sheet 4); L17 and L18 (Sheet 5); L8, L34, L35 (Sheet 6). b. Please see ACSA comment related to centering water and sewer easements. 1 6. [14-302 (A)(4) and 14-302 (A)(15)] Please state the name of the owner of the proposed 20' private storm easement. 7. [14-302 (13)(1)] Please add a north arrow to the Vicinity Map on Sheet 1. 8. [14-302 (B)(5)] TMP 32-6A is subject to the provisions of ZMA2005-03. Please amend Note 7 on the Cover Sheet to include the ZMA number. 9. [14-303 (C)] Please clearly delineate the boundaries of Areas A, B, C, and D. It is difficult to distinguish where the boundaries of each area on Sheets 2-7. The labels do not include leaders pointing to the boundaries of each area. 10. [14-303 (C)] Please provide the linear and curvilinear dimensions for the new parcel boundary on Sheet 3 near where waterline easement segment line L52 is shown. 11. [14-303 (C)] The bearings and distance label for the proposed lot line is cut off on Sheet 2 near the new driveway entrance along Lewis & Clark Drive. It is also cut-off along the curved lot boundary on Sheet 4 along Lewis & Clark Drive. Please amend the drawings so this measurement can be read. 12. [14-303 (E)] Please provide linear, angular, and curvilinear dimensions along all portions the new 66' Private Street Easement on Sheet 6. 13. [14-303 (1)] Please provide not less than two (2) definite bearing and distance ties between permanent monuments on the exterior boundary of the property and further ties to existing streets intersections where possible. 14. [14-303 (L)] Please label the portion of the new sight distance easement visible on Sheet 4, and provide show width dimension measurements. 15. [14-303 (L)] On all applicable sheets, please label the new sight distance easement as "variable width." Staff recommends showing at least two (2) width measurements on within the easement on each sheet where visible. 16. [14-305 (A)] The deed of easement for the new sight distance easement has been signed and approved by the County Attorney. A copy of the signed deed is attached. Please provide a copy of the recorded deed with the next submittal. The sight distance easement should be labeled with the deed book and page on the plat. 17. [14-317] The updated private street maintenance agreement has been approved by the County Attorney. A copy is attached. Please provide a copy of the signed and recorded maintenance agreement with the next submittal. The plat must be updated to show the private street easement label with the deed book and page number of the recorded instrument. Please contact Cameron Langille in the Planning Division by using blangille@albemarle.org or 434-296-5832 ext. 3432 for further information. 2 Comments from Other Reviewers: Albemarle County Service Authority — Alex Morrison, amorrison@serviceauthroity.org — Requested Changes: 1. Add a note on Sheet 1 that water and sewer easements are to be centered on the as -built location. 2. Sheet 3: Add a water easement for the relocated water meter vault. 3. Sheet 6: Ensure easement depicted by L43 includes the new water meter vault. Albemarle County Engineering Services (Engineer) — Bobby Jocz, biocz@albemarle.org — No Objection. Albemarle County Department of Fire Rescue — Robbie Gilmer, rgilmer@albemarle.org — No Objection. Albemarle County E911— Elise Kiewra, ekiewra@albemarle.org — No Objection. Virginia Department of Transportation — Adam Moore, adam.moore@vdot.virginia.gov — Requested Changes, Please see attached. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 Charles A. Kilpatrick, P.E. Commissioner June 20, 2017 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Cameron Langille Re: UVA Research Park Town Center 4- Final Plat SDP-2016-00085 Review #1 Dear Mr. LangilIe: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as submitted by Kirk Hughes and Associates, Land Surveyors and Planners, dated May 11, 2017 and offer the following comment. Land use 1. Please change labeling on new sight distance easement on sheet's 1 & 2, to hereby dedicated to County for public use. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, OLU,6 Adam J. ore, P.E. Area Land Use Engineer Culpeper District VirginiaDOT.org WE KEEP VIRGINIA MOVING Community Development Document Review County Attorney's Office TO: PROJECT iN JTVMER: You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easernent Open space/greenway easement Dedication of right-of-way Parcel determination The document is: is approved __ is approved with minor edits as noted on the attached is not approved because: Signatures or acknowledgement need to be redone (see comment below) : Legal description needs to be revised (see comment below) : 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. e- U 0 . &AA I ( Jo C. Blair,11 Delduty County Attorney Date: JUAC 2,112011 EO COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5$32 Fax (434) 972-4125 Date: June 16, 2017 John Blair County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name: SUB201700085 — UVA Research Park Town Center 4 — Final Plat Date Submitted: 06/01/2017 Dear Mr. Blair: The applicant has prepared and submitted a Private Street Maintenance Agreement and Deed of Easement for a sight distance easement the above named project. Please review this document at your earliest convenience. Thanks, Cameron Langille Senior Plarner Ext. 3432 Checklist for Maintenance Agreements File # GU �ao'P00 Project Name: UVA Aeseaa.h Mr- r Iu(\ tA 14-317 Instrument evidencing maintenance of certain improvements. If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or any authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement, as follows: A. The instrument shall, at a minimum contain: (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. QY� 11 rz_q 0/ (2) State that the improvement will be maintained in perpetuity.2- (3) State that the improvement will be maintained to a standard that, at a minimum, assures that it will remain in substantially the condition it was in when approved by the county; for a private street, shared driveway, or alley, the instrument also shall state verbatim: "The travelway 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." rag c 2V3 streets, P, _ 6 W (4) If the instalment pertains to the maintenance of one or more private p eats, alleys or shared driveways, it shall define "maintenance" by stating verbatim: "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." r' cr 9 t 3 0 - 6 (5) Describe the condition of the improvement when it was approved by the county. Pcy e 2., Q- 6 (6) Identify the timing or conditions warranting maintenance of the improvement. �c.c e I R- 6 (7) State 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. % ye 31, 01- 6 (8) Describe how maintenance costs will be prorated among g 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. l u 9 C 3, (l_ 6 obi (9) State verbatim: "No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein."pe B. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the instrument be on a form prepared by the county attorney. C. For purposes of this section, the term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. D. Nothing in this section shall affect the rights of the county reserved under section 14-440. TMP03200-00-00-019G0; 03200-00-00-006AO (portion) DEED OF EASEMENT THIS DEED OF EASEMENT is made and entered into this day of , 2017, by and between UNIVERSITY OF VIRGINIA FOUNDATION, hereinafter referred to as "Grantor," and THE COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, whcse address is 401 McIntyre Road, Charlottesville, VA 22901, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, the Grantor is the owner of that certain real property (hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain property shown and designated in two places as a "New Sight Distance Esm't" (hereinafter, the "Sight Easement") to be dedicated to public use, shown on Sheet 1, 2, and 4 of the plat consisting of seven (7) sheets, entitled "Subdivision Plat, Town Center 4, At The University of Virginia Research Park, Containing 6.878 acres, Rio Magisterial District -- Albemarle County, Virginia," prepared by Kirk Hughes & Associates, dated May 11, 2017, which was recorded in the Clerk's Office of the Circuit Court of Albemarle County, on —, 2017, as Instrument No, and to which reference is made for the exact locations and dimensions of said permanent easements as they cross the property of the Grantor (hereinafter, the "Plat"). WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Sight Easement for public use in accordance with this Deed of Easement and as shown on the Plat; and NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS, CONVEYS, and DEDICATES to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, perpetual easements as shown on the Plat and as referred to herein as the Sight Easement. The Sight Easement shall be subject to the following: 1 1. Obstructions. The Grantor agrees that, within the Sight Easement, no structures or plantings shall be placed which would obstruct the line of sight along Lewis and Clark Drive at an elevation equal to or exceeding thirty (30) inches above ground level. 2. Ri ht of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Sight Easement, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantcr that are not inconsistent with the rights herein conveyed. 3. Grantee's right to assi n. The Grantee shall have the right to assign the Sight Easement as its interests may require. 4. Binding effect. The Sight Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the Sight Easement conveyed by :his deed. WITNESS the following signatures and seals: THE UNIVERSITY OF VIRGINIA FOUNDATION By: (SEAL) Tim R. Rose, CEO COUNTY OF ALBEMARLE, VIRGINIA By: (SEAL) Approved as to form: (U4 e. RLjv�, is C61knty Attorney 2 COMMONWEALTH OF VIRGINIA CITYICOUNTY OF Subscribed, sworn, and acknowledged before me this day of , 2017, by Tim R. Rose, CEO of University of Virginia Foundation, on behalf of the Foundation, Grantor. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before , 2017 by Albemarle, Virginia, Grantee. Notary Public My Commission Expires: 3 me this day of on behalf of the County of Prepared by: Scott Kroner, PLC Connor J. Childress (VSB #88441) 418 E. Water Street Charlottesville, VA 22902 Tax Map Parcels 03200-00-00-006AO (portion), 03200-00-00-019G0, 03200-00-00-0I9J0; 03200-00-00-019J1 SUPPLEMENTAL DECLARATION AND PRIVATE STREET MAINTENANCE AGREEMENT This SUPPLEMENTAL DECLARATION AND PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day of 2017, by UNIVERSITY OF VIRGINIA FOUNDATION, a Virginia non -stock corporation (hereinafter, the "Declarant," and both "Grantor" and "Grantee" for indexing purposes) whose address is: P.O. BOX 400218, Charlottesville, Virginia 22904-4218, Recitals R-1. University of Virginia Research Parks, Inc., was the Declarant under that certain Declaration cf Covenants, Conditions, and Easements dated January 1, 1999, of record in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 1819, page 434 (the "Declaration"). University of Virginia Foundation is successor, by merger, to University of Virginia Research Parks, Inc. R-2. Pursuant to the provisions of Article III of the Declaration, the Declarant reserved the right, in its sole discretion, to make Supplemental Declarations to subject the Property, or portions of the Property, to Supplemental Declarations containing such covenants, restrictions and easements as Declarant, in its sole discretion may determine. R-3. Pursuant to the deed recorded in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 2712, Page 325, Declarant is the owner of parcels of land designated in the land records of Albemarle County as Tax Map Parcel 32-6A, Tax Map Parcel 32-19G (hereinafter "Town Center I"), Tax Map Parcel 32-19J (hereinafter "Town Center II"), and 32-19J1 (hereinafter "Town Center III"). R-4. Tax Map Parcel 32-6A will be subdivided by the Declarant into two lots and a portion of Town Center I will be recombined with the subdivided portion of Tax Map Parcel 32- 6A, as shown and described on that certain plat by Kirk Hughes and Associates, dated May 11, 2017, a copy of which is recorded in the aforementioned Clerk's Office as Instrument # (hereinafter the "Plat''), the lots being more particularly shown on the Plat as "Town Center 4" containing approximately 4.570 Acres," (hereinafter "Town Center IV"), "TMP 32-6A," being the residue of Tax Map Parcel 32-6A and containing 455.852 acres, more or less (hereinafter "TMP 32-6A Residue"), and Town Center I, as revised containing approximately 4.731 acres. R-5. The private street easement shown on the Plat as "Research Park Blvd 66' Private Street Easement," will be a combination of new and existing sixty-six (66) foot wide non- exclusive ingress and egress easements for the use and benefit of Town Center I, Town Center II, Town Center III, Town Center IV, and TMP 32-6A Residue. R-6. In order to provide for the maintenance and repair of the private road providing access to Town Center I, Town Center II, Town Center III, and Town Center IV from Lewis & Clark Drive, a state road, and the Storm Water Easement (as hereinafter defined) Declarant desires to subject to the covenants, restrictions, easements, charges and liens hereinafter set forth, the Town Center I parcel, Town Center II parcel, Town Center III parcel, and Town Center IV Parcel, all as shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby declares that Town Center I, Town Center II, Town Center III, and Town Center IV shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens set forth in the Declaration, as the same may be amended or supplemented from time to time, which are for the purpose of protecting the value and desirability of and which shall run with the real property submitted by this Supplemental Declaration to the Declaration, and which shall be binding on all parties having any right title or interest in the described properties or any part thereof, their heirs, successors, successor -in -title and assigns, and shall inure to the benefit of each owner thereof. Further, Declarant hereby imposes upon, and for the the benefit of the owners of Town Center I, Town Center II, Town Center III, Town Center IV and TMP 32-6A a new 20' storm water easement in the areas shown on Sheet 3, 4, 5, and 6 of the Plat and labeled as "New 20' Storm Esm't" (the "Storm Water Easement"), for the discharge of storm water through the pipes located or to be located in the Storm Water Easement. Pursuant to the authority reserved to it in the Declaration, Declarant hereby designates the Storm Water Easement as a Limited Common Area as such term is defined in the Declaration. The Storm Water Easement will be maintained as provided in the Declaration. The owner(s) of Town Center I, Town Center II, Town Center III, and Town Center IV, and their respective successors and assigns, shall be equally responsible for the cost of the maintenance and repair of all storm water lines installed in the Storm Water Easement. And, further, Declarant hereby imposes upon, and for the benefit of the owners, tenants, guests, and invitees of, Town Center I, Town Center II, Town Center III, Town Center IV, and TMP 32-6A Residue a sixty-six (66) foot wide non-exclusive easement, as more particularly shown on the Plat (hereinafter the "Street"), for ingress from and egress to Lewis and Clark Drive. Pursuant to the authority reserved to it pursuant to the Declaration, Declarant hereby designates the Street as a Limited Common Area as such term is defined in the Declaration. The Street shall be maintained as follows: MINIMUM STANDARD: The Street shall be maintained with a minimum sixty- six (66) foot wide base of pavement, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway shall at all times 2 be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. MAINTENANCE: For purposes of this instrument, "maintenance" includes the maintenance of the Street, 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 Street reasonably open for usage by all vehicles, including emergency services vehicles. The term "to maintain," or any derivation of that term, includes the maintenance, replacement, reconstruction., and correction of defects or damage. COST OF MAINTENANCE: The owners, and their successors and assigns, of Town Center I, Town Center II, Town Center III, and Town Center IV shall be equally responsible for the cost of the maintenance of, and or repair to, the Street, from its origin at the intersection of the Street with the public right of way shown on the Plat as "Lewis and Clark Drive" to its terminus in a cul-de-sac adjacent to Town Center IV, as more particularly shown on the Plat. Any further division of Town Center 1, Town Center II, Town Center III, Town Center IV, or TMP 32-6A Residue may result in a reassessment of such cost, as the Declarant may direct pursuant to authority reserved to it under the Declaration; and, upon formation of the Association described in the Declaration, the cost thereof shall constitute a proper cost of the Association to be allocated among the members of the Association as provided in the Declaration, as amended and supplemented from time to time. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary- weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. Notwithstanding the foregoing, upon formation of the Association described in the Declaration, any further construction, maintenance or repair shall be undertaken as provided in the Declaration, as amended and supplemented from time to time. DEFAULTING OWNER(S): If any owner shall fail to pay its proportionate share of the costs of maintenance or repair for which such owner is responsible, as provided hereinabove, any other owner not in default, or the person or corporation performing such maintenance, may after 30 days written notice to the defaulting parcel owner(s) bring an action. of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay its proportional share of maintenance or repair. 3 The amount due by any delinquent owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent owner shall be liable to pay all costs of collection, including reasonable attorney's fees. Notwithstanding the foregoing, upon formation of the Association described in the Declaration, collection of regular and special assessments shall be the responsibility of the Association in accordance with the provisions set forth in the Declaration, as amended and supplemented :rom time to time. And, further, Declarant hereby vacates the ingress/egress easement that was previously a part of the Street but is shown as "Portion of Existing Private Street Easement Hereby Vacated" on Sheet 6 of the Plat. It is the intention of the Declarant that the easements granted herein will not merge with title to the property encumbered/benefitted herein in the event title to the dominant and servient estate are held by the same person and/or entity. [The balance of this page is intentionally blank.] 4 IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration and Private Street Maintenance Agreement to be executed on its behalf by its duly authorized agent. UNIVERSITY OF VIRGINIA FOUNDATION Tim R. Rose, Chief Executive Officer COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing Supplemental Declaration and Private Street Maintenance Agreement was acknowledged before me this day of , 2017, by Tim R. Rose, Chief Executive Officer, University of Virginia Foundation, a Virginia non -stock corporation, on behalf of the corporation. Notary Public My commission expires: Notary registration number: