HomeMy WebLinkAboutSUB201800212 Correspondence 2018-12-11Tori Kanellopoulos
From: Andy Herrick
Sent: Tuesday, December 11, 2018 4:48 PM
To: Tori Kanellopoulos
Subject: RE: SUB201800212 Cory Farms Greenway
Tori,
Thanks for your review. For what it's worth, to greenway is just an easement, not a fee simple lot unto
itself. I didn't think that easements were "special lots."
Andy Herrick
Deputy County Attorney
Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated
recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by
mistake. Thank you.
From: Tori Kanellopoulos
Sent: Tuesday, December 11, 2018 1:52 PM
To: Andy Herrick <aherrick@albemarle.org>
Subject: RE: SUB201800212 Cory Farms Greenway
Hi Andy,
Thank you for the deed. The plat does need a few changes, including the special lot note. Since the greenway parcel
does not conform to the zoning ordinance (e.g. frontage, building site, etc.), it must be a special lot. This requires the
following note:
T. Spc4ial kola. I fthe subdivision creatcs a special kst, the following nose shall be placed on the plat;
"i..aS W is a special lot established solely ror I insert purpose for the special lot as identified in ihr definition
orspecial IOL in suction 14-1061_.'
Do you have the contact information for who I should reach out to at Roger Ray with my comments? They are attached,
in case you would like to reference them as well. I believe this also means that the deed would change, since now the
date of the "last revised" date on the plat would change.
Best,
Tori
From: Andy Herrick
Sent: Monday, December 10, 2018 2:56 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: RE: SUB201800212 Cory Farms Greenway
Tori,
Good questions. The greenway is in fact part of a larger agreement with the County. After years of
discussion with the owners' association, the County agreed to accept this greenway easement and a trail easement
on a neighboring owners' association property in full satisfaction of the original proffer. See the bottom of page 1
of the attached signed deed.
In short, the County is aware of and on board with the proposed greenway. Let me know of any other
questions. Thanks.
Andy Herrick
Deputy County Attorney
Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated
recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by
mistake. Thank you.
From: Tori Kanellopoulos
Sent: Thursday, December 6, 2018 4:17 PM
To: Andy Herrick <aherrick@albemarle.org>
Subject: SUB201800212 Cory Farms Greenway
Hi Andy,
I am the lead reviewer for this plat for the Special Lot for the Cory Farms Greenway. I have a few questions for you (I
believe you worked with Bill on this plat, but please feel free to direct me elsewhere if these questions belong to
someone else!).
I looked at the original ZMA (ZMA1995-09), and I see that this is a proffer (based on the action letter):
2. CwneX will reserve a 50-foot wids "Greenway,t along each side of
Lickinghole Creels as shOwn On the plan within the bou (tries of Tax
Ma►p 56, Parcel 96. The owner does not proffer to maintain the
Greenway, but rather the Gretaway Area, at such time as the County of
lbemarle oammits to establish end maintain a Public area, park or
Pathway, and assumes respoasibi l ity for maintenance thereof, will
Won request of Albemarle County, be dedicated by the owner(s) or its
successors to the County, subject to the right of use for residents
living on the property. The proffer shall not be interpreted to
prohibit the 1OcartiOn cf utilities, stoma sewer or stormwater control
devices or easements in the Greenway.
Is this Greenway to be dedicated to the County? I did not see a note on the plat dedicating the Greenway parcel
to the County, however I could not tell from the proffer if it was supposed to be or not. There is a signature
block for Cory Farms HOA and one for Agent of the Board.
The proffer and the application plan from the ZMA say/show that the Greenway will be 50' on either side of the
creek, however that would require the Greenway be partially on the adjacent parcel (TMP 56-H-1-A4). Is it
acceptable that the Greenway exists but is not exactly 50' on either side of the creek? Also it does not yet show
a Greenway- it shows Greenway parcel.
I've reviewed this as a Special Lot application. I believe it meets those requirements- I just want to make sure it meets
the proffer requirements of the ZMA.
Best,
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270