HomeMy WebLinkAboutSUB201800157 Review Comments 2019-04-20 Christopher Perez
From: Andy Herrick
Sent: Saturday, April 20, 2019 2:58 PM
To: Christopher Perez
Subject: RE: Required Legal Document Review for SUB201800157 Hyland Park Subdivision - Final
Sub Plat
Christopher,
Thanks for your message. My only suggestion would be to also incorporate the second sentence of
Proffer 9 below into Section 1 of the Declaration by adding as a second sentence: "The colors for the facade
treatments and the colors and materials for the roofs shall be subject to prior approval by the Albemarle County
Director of Planning."
r Let me know if you need anything else on this project Thanks.
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Andy Herrick
Deputy County Attorney at q—/t-if , // ;;;/a
Notice:This email may contain attorney-client privileged information,privileged work product,or other confidential infomiation.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: Christopher Perez
Sent: Friday, April 19, 2019 7:48 AM
To:Andy Herrick<aherrick@albemarle.org>
Subject: RE: Required Legal Document Review for SUB201800157 Hyland Park Subdivision - Final Sub Plat
Andy,
SUB201800157 Highland Park- Final Subdivision Plat
The applicant has provided a new declaration which includes the architectural covenant to satisfy proffer 9 for
Fontana Phase 4C (see attached).
Please add this to the other documents associated with the project and review.
Christopher 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: McGetrick, Mary Katherine<mkmcgetrick@williamsmullen.com>
Sent:Thursday, April 18, 2019 4:58 PM
To: Christopher Perez<cperez@albemarle.org>
Cc:Ashley Davies<ashley@riverbenddev.com>
Subject: RE: Required Legal Document Review for SUB201800157 Hyland Park Subdivision- Final Sub Plat
Chris,
Please see the attached covenant addressing the architectural covenant for Fontana Phase 4C. Let me know if you have
any questions or need any further documentation. Thank you,
Mary Katherine
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Mary Katherine McGetrick I Attorney I Williams Mullen
Williams Mullen Center 1200 South 10th Street,Suite 1600 I P.O. Box 1320(23218) I Richmond,VA 23219
T 804.420.6921 I C(804)937-6921 I F 804.420.6507 I mkmcgetrick@williamsmuflen.com I www.williamsmullen.com
From: Christopher Perez<cperez@albemarle.org>
Sent: Monday, April 15, 2019 8:58 AM
To: McGetrick, Mary Katherine<mkmcgetrick@williamsmullen.com>
Cc:Ashley Davies<ashley@riverbenddev.com>
Subject: Required Legal Document Review for SUB201800157 Hyland Park Subdivision - Final Sub Plat
Mary,
SUB201800157 Highland Park-Final Subdivision Plat
The above development is permitted by ZMA2004-18 &ZMA2011-1 (Fontana 4C) and is governed by the applicable
Proffers.Pursuant to proffer#9 of ZMA2004-18,the covenants and restrictions document for Fontana 4C shall contain
specific verbiage(see below proffer#9)with regard to façade treatment and colors approval authority. Does the
existing Fontana Coy Restrictions doc that this portion of the development is being tied to sufficiently cover this
proffer?If so,provide the section for staff review. Upon initial review it does not appear to cover this item. This item
shall be addressed prior to plat approval.
9. Archlitestural Standards: The Owner shall require as pan of the covenants for Fontana
Phase 4C that all structures be constructed using mcdium shaded earth-tone colors for
facade treatment of the buildings and dark,non-reflective materials for roofs. The colors
for the facade treatments and the colors and materials for the roofs shall be subject to
prior approval the Director of Planning.
Christopher 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:Christopher Perez
Sent: Monday,April 15, 2019 2:33 PM
To:Andy Herrick<aherrick@albemarle.org>
Subject: RE: Required Legal Document Review for SUB201800157 Hyland Park Subdivision- Final Sub Plat
Andy,
FYI - I took your suggestion and sent the applicant's attorney the question about proffer 9 and am awaiting a
response. Thanks
Christopher 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:Andy Herrick<aherrick@albemarle.org>
Sent:Saturday,April 13, 2019 4:41 PM
To:Christopher Perez<cperez@albemarle.org>
Cc: Matthew Wentland <mwentland@albemarle.org>
Subject: RE: Required Legal Document Review for SUB201800157 Hyland Park Subdivision- Final Sub Plat
Chris,
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ti
Thanks for your message. As to your-first question,the covenants in DB 1716/477 apparently already
cover Parcel 78E-A. However, I didn't see where those covenants (or any supplements) addressed Proffer 9
regarding architectural standards. Might Ms. McGetrick point us to the applicable architectural covenant(s)?
As for the two proposed easements to the County, I don't recall seeing them before. Has the County
Engineer's office reviewed and approved these easements? 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: Christopher Perez
Sent:Thursday, April 11, 2019 3:30 PM
To:Andy Herrick<aherrick@albemarle.org>
Cc: Matthew Wentland <mwentland@albemarle.org>
Subject: Required Legal Document Review for SUB201800157 Hyland Park Subdivision - Final Sub Plat
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Dear Mr.Herrick:
The above development is permitted by ZMA2004-18& ZMA2011-1 (Fontana 4C)and is governed by
the applicable Proffers.The above referenced plat is being considered for approval by this office;however,
prior to approval an instrument evidencing maintenance of certain improvements as required by Section
14-317 is required.
This development is the final section of the Fontana development to be developed/plated.The original
owner and HOA president/majority stakeholder,Tony Nichols,died three years ago and the bank took
over ownership and put the land up for auction.Redjight purchased it and renamed it'Highland Park'.
Attached is the Deed of Gift and Easement to dedicate all open space and private drainage easements to
Fontana's HOA and have them covered by the Cov&Restrictions doc for Fontana.Please review note
#14 of the attached plat and see the Deed of Gift and Easement.
I offer the following observation on the above document:Pursuant to proffer#9 of ZMA2004-18,the
covenants and restrictions doc for Fontana 4C shall contain specific verbiage(see below proffer#9)with
regard to façade treatment and colors approval authority. Does the existing Fontana coy Restrictions doc
this portion of the development is being tied to sufficiently cover this proffer?If not,an addendum to the
document shall be done to include this provision prior to plat approval.
9. Architectural Standards: The Owner shall require as pan of the covenants for Fontana
Phase 4C that all structures he constructed using medium shaded earth-tone colors for
facade treatment of the buildings and dark,non-reflective materials for roofs. The colors
lot the facade treatments and the colors and materials for the roofs shall be subject to
prior approval bti the Director of 1'Iwuriul.
Additionally,the applicant has provided the Deed of Dedication and Easement for the above named
project.This document is meant for the DEQ required Forest& Open Space Easement and Stormwater_
Management Facility shown on the attached copy of the plat and is to be recorded with the plat after it is
signed by the County Attorney and the County Executive.Please review and sign these documents and
route them to Jeffrey Richardson for signature.
Additionally,the applicant has provided a Deed of Dedication and Easement for the above named
project related to public storm drainage easements as shown on the attached copy of the plat and is to be
recorded with the plat after it is signed by the County Attorney and the County Executive.Please review
and sign these documents and route them to Jeffrey Richardson for signature.
Please review,should you have any questions or comments please feel free to contact me.
Christopher Perez I Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road I Charlottesville,VA 22902
434.296.5832 ext.3443
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