HomeMy WebLinkAboutSUB201700190 Review Comments Final Plat 2018-05-03County of Albemarle
Department of Community Development
Memorandum
To: Mr. C. Steve Garrett, LS — Commonwealth Land Surveying, LLC (melodybah@aol.com)
From: Tim Padalino, AICP (tpadalino e,albemarle.org)
Division: Planning
Date: May 3, 2018
Subject: UPDATED Review Comments for SUB201700190
(Harms Two -Lot Subdivision Final Plat / TMP #21-40A1)
A review of the above -referenced plat (dated 10/ 10/2017) has been completed by Planning staff in Albemarle County's
Community Development Department (CDD). More specifically, based on recent correspondence with the Owner, and
based on additional review and research conducted in conjunction with that correspondence, Planning staff have
identified important updates, clarifications, and additional comments as contained in this updated review comment letter.
This review was completed using the sections listed under Section 14-207 of the Subdivision Ordinance. The County will
approve the plat when the following comments (below) have been satisfactorily addressed. Staff has provided references
to Chapter 14 (Subdivision Ordinance) and/or Chapter 18 (Zoning Ordinance) of the County Code preceding each
comment. The County Code is kept up-to-date by the County Attorney's office and may be found at
www.albemarle.org/couMcode.
code.
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.
Planning:
Requirements:
1. [Chapter 14, Section 14-302(A)-9 and Chapter 18, Sections 4.2.1 and 4.2.21: Please demonstrate that
proposed Lot 1 and proposed Lot 3 each contain a building site that complies with Zoning Ordinance Sections
4.2.1 and also 4.2.2. Specifically, please graphically depict the location, area, and dimensions of each building
site on each proposed lot to demonstrate compliance with the "building site area and dimensions" requirements
contained in 4.2.2(a)-1.
2. [Chapter 18, Section 4.2.2(a)-1 and Chapter 14, Sections 14-309 and 14-3101: The plat shows "one proposed
drainfield for new lot" on Lot 1 and on Lot 3. However, County Code requires two (2) VDH-approved
subsurface drainfields for each building site for a dwelling unit. Therefore, please provide documentation of
VDH approval(s) for two (2) subsurface drainfields for each proposed building site (one on proposed Lot 1 and
the other on proposed Lot 3); or, please provide soils suitability evaluations to CDD to be transmitted to VDH
for review and approval.
3. [Section 14-302(B)-91: Please add a note stating that the subject properties shown on this plat are located in
"Zone X" per FIRM Panel 51003C0145D and do not contain any flood hazard overlay district(s).
4. [Section 14-302(B)-101: Please add a note stating that the subject properties shown on this plat do not contain
any stream buffers required by the water protection ordinance.
5. [Sections 14-232, 14-234, and 14-306]: The proposed new 30' private street in the Rural Areas district requires
County authorization; please submit such a request pursuant to Sections 14 232(B) 2 and 14-234(A)-1(a).
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Update 51312018: CDD staff have determined that the private street request that is required for the proposed
new 30' private street is not eligible for Agent review or approval (as may be appropriate) pursuant to 14-
232(B)-2, because it would not be "the sole and direct means of access to a public street. " Therefore, the
request for a private street must be submitted pursuant to Sections 14-232(A) and 14-234(A)-1, which require
review and approval (as may be appropriate) by the Albemarle County Planning Commission.
6. [Sections 14-235(A) and 14-317]: If the request for the proposed new 30' private street is approved, a road
maintenance agreement would need to be prepared and submitted for review and approval by the County
Attorney's Office bef Fe the approved subdivision plat , „ld be r-eeor-d a
Update 51312018: If the private street request for the proposed new 30' private street is approved by the
Planning Commission, the required road maintenance agreement would need to be prepared submitted and
reviewed in conjunction with the review of the subdivision plat, and would need to be approved by the County
Attorney's Office prior to County approval of the final plat.
[Sections 14-410(F), 14-412(A)-1, and 14-412(A)-2]: If the request for the proposed new 30' private street is
approved, the existing 30' private street would need to be physically upgraded to meet the required standards and
specifications for private streets serving three to five (3-5) lots (per Chapter 14, Section 14-412(A)-2); however,
the proposed new 30' private street (as shown) could be constructed to meet the required standards and
specifications for private streets serving two (2) lots (per Chapter 14, Section 14-412(A)-1). Please see the
attached color exhibit which attempts to illustrate the locations of different minimum design requirements.
Update 51312018: As explained in email correspondence dated 41912018, if the private street request for the
proposed new 30' private street is approved, it would be necessary [pursuant to County Code Sections 14-306
and 14-31](I)[ to prepare and submit for County review and approval an application for road plans which
demonstrates that the upgraded/improved private street and proposed new private street would be constructed
to meet all applicable minimum standards and design requirements (as specified in Section 14-412).
7. [Sections 14-235(B) and 14-303(N)]: If the request for the proposed new 30' private street is approved, the final
plat shall contain the following statement: "The streets in this subdivision may not meet the standards for
acceptance into the secondary system of state highways and will not be maintained by the Virginia Department
of Transportation or the County of Albemarle."
8. [Section 14-316] : VDOT review and approval of the proposed use of the existing entrance onto Preddy Creek
Road is required prior to County approval of this plat (as may be applicable). Please be advised that, because this
proposed plat would increase the number of parcels served by the existing entrance(s) on Preddy Creek Road
from two (2) lots to three (3) lots, VDOT might require modifications to the existing entrance permit as well as
physical modifications to the existing entrance(s) in order for the entrance(s) to meet VDOT standards.
9. Update 51312018 — [Section 14-435]: Unless all authorized private streets are constructed and
upgraded/improved (as may be applicable) prior to County approval of the final plat, the subdivider must
enter into an agreement with the County prior to approval of the final plat to complete the construction and
installation of all improvements required by the Subdivision Ordinance within a period of time agreed to by
the parties, and shall provide a surety to guarantee the completion of the improvements.
Please note: the prior guidance (provided via email on 412612018) that a bond or other form of surety ("surety
instrument") would not be required for the proposed new 30' private street is no longer applicable, because
the proposed new 30' private street that would only serve two lots would not be "the sole and direct means of
access to a public street, " and therefore cannot be requested or authorized pursuant to Section 14-232(B)-2,
and therefore is not eligible for the exemptions listed in Sections 14-435(E). As such, the requirements
established by Section 14-435 to enter into an agreement with the County prior to approval of the final plat
are applicable to both the upgrade/improvement of the existing private street as well as the construction of the
proposed new 30' private street (if requested and approved).
Recommendations & Advisory Comments:
[Chapter 14, Section 14-303(A)]: Please be advised that the Owners Approval statement includes a misspelling
of the word division ("The dividsion... ").
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Virginia Department of Health (VDH):
No information about soils suitability evaluation(s) have been provided to CDD for transmittal to VDH for VDH review,
comment, or approval. Similarly, no information demonstrating VDH approval of subsurface drainfields has been
provided. As described in review comment #2 (above) and as required by County Code Chapter 14, Section 14 -3 10 and
Chapter 18, Section 4.2.2(a)-1, VDH approval is a prerequisite to any County approval of this plat (as may be
applicable). Please provide the necessary information at your convenience.
Virginia Department of Transportation (VDOT):
VDOT approval of the proposed use of the existing entrance is required per Chapter 14, Section 14-316. (Please see
comment 9, above). A copy of this plat was transmitted to VDOT on 12/8/2017 for review and comment. Any and all
review comments received by VDOT staff will be forwarded upon receipt.
Please contact Tim Padalino at 434-296-5832, ext. 3088 or tpadalinona,albemarle.org with any questions or requests for
assistance. Thank you.
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