HomeMy WebLinkAboutSUB201800157 Review Comments 2019-04-13 Christopher Perez
From: Andy Herrick
Sent: Saturday,April 13, 2019 4:41 PM
To: Christopher Perez
Cc: Matthew Wentland
Subject: RE: Required Legal Document Review for SUB201800157 Hyland Park Subdivision - Final
Sub Plat
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Chris,
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
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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:
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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.
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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.Itedlight 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 Coll&Restrictions doc for Fontana.Please review note
n14 of the attached plat and see the Deed of Gift and Easement.
I offer the following observation on the above document:Pursuant to proffer 49 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 Cgy 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 part of the covenants for Fontana
Phase 4C that all structures be constructed using medium shaded earth-tone colors for
facade treatment of the buildings and dark,neon-reflective materials for roofs. The colors
for the facade treatments and the colors and materials for the.roofs shall be subject to
prior approval by the Director of Planning.
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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