HomeMy WebLinkAboutZMA198500033 Correspondence 1989-09-19 y �1
LAW OFFICES
PAXSON, SMITH, GILLIAM & SCOTT
• A PROFESSIONAL CORPORATION
POST OFFICE BOX 2737
GEORGE HARRISON GILLIAM CHARLOTTESVILLE,VIRGINIA 22902 418 EAST WATER STREET
WILLIAM MASSIE SMITH,JR. C.ARMONDE PAXSON'
W.STEPHEN SCOTT (804) 296-2161
noon-107e)
LARRY J M.ELWAIN FAX(804) 293-2073
ROGER C.WILEY WILLIAM MASSIE SMITH
CHRISTINE C.CHAPMAN (IOMO-Men
ROSERT J.KRONER►
•ALSO ADMITTED IN W VA
September 19, 1989
George R. St. John, Esquire
County Attorney
County of Albemarle
County Office Building
401 McIntire Road
Charlottesville, Virginia 22901
Re: Earlysville Forest
Fire Hydrant
Dear George:
This follows our conversation of September 15, 1989.
By action taken on March 19, 1986, the Board of Supervisors
approved an amendment to ZMA-81-11 to create what is now referred
to as "Section Nine, Earlysville Forest. " A copy of the County's
letter dated March 26, 1989 is enclosed.
By letter dated June 11, 1986 (a co.y of which is enclosed)
the County required installation of a - Ga 011EnakPiO ;
unctionag mo.e -orio issuance O Cw o'caS@ og occupancy
Igo $e-tiers_-` .m
memorandum dated May 29, 1987 (a copy of- which is also -
enclosed) , Robert W. -Jenkins indicated that he believed this fire
hydrant should be dedicated to the County of Albemarle. I. was
recently informed by Jessee Hurt that he believes -the -hyd--rant:3las -
been installed properly; Jessee is to provide me with a
memorandum to that effect.
In subsequent conversations with John T. P. Horne, he
requested that the hydrant be transferred to the Earlysville
Forest Homeowners Association, Inc. On October 9, 1987 I
forwarded to John a proposed Bill of Sale to effect the transfer.
A copy of my transmittal is enclosed. The Bill of Sale was
thereafter approved by John and was recorded on January 15, 1988.
A copy of the recorded Bill of Sale is enclosed. Finally, I have
enclosed a copy of an unrecorded plat showing the location of the
hydrant.
PAXSON, SMITH,GILLIAM & SCOTT, P. C•
September 19, 1989
Page Two
I have expressed the opinion to Craig Builders of Albemarle,
Inc. and to Earlysville Forest Land Trust that they have done
what was required by the County and have no liability on account
thereof. However, because I am unaware that the Homeowners
Association has any provision for regular maintenance and testing
of such a hydrant, it would seem to me to be appropriate for the
County to accept a transfer of this hydrant. Even though we are
of the opinion that Craig Builders and the Earlysville Forest
Land Trust have no liability with respect to the hydrant, I do
believe that the County (as well as the Association) have an
interest in seeing that the hydrant remains in good working
order.
I would appreciate your advising me that in your opinion
Craig Builders of Albemarle Inc. and Earlysville Forest Land
Trust have satisfied all requirements of the County of Albemarle
with respect to the installation of said hydrant and that they
have transferred the hydrant as directed by the County.
In addition, I would appreciate your advising the Board of
Supervisors of this matter and suggest that they give immediate
attention to taking over the hydrant.
Thank you for your assistance.
Sincerely,
George H. Gilliam
Enclosures.
cc: Mr. S. Daley Craig
t1,1.i OF AL9
IOW
G %f
DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT
401 Mclntirs Road
Charlottasvllla, VA 22901-4596
804 296-5823
March 26 , 1986
Mr. S. Daley Craig
P. O. Box 6156
Charlottesville, VA 22906
RE: ZMA-85-33 Earlysville Forest PUD
Dear Mr. Craig:
The Albemarle County Board of supervisors, at its meeting on
March 19 , 1986 , by a vote of 6/0 , approved the above noted
petition to divide 109 acres into 69 lots, zoned PUD. The
property is located off an extension of Earlysville Forest
Drive which will connect to Route 743. Tax Map 31, parcels
31 and 46 (part of) . This approval is subject to the
following conditions:
1. Agreement to proceed in accordance with conditions of
approval of ZMA-81-11 to be amended as follows:
A, 2. Approval is for a maximum of 155 191 single-family
lots subject to conditions contained herein `
provided that lots in Section 9 shall comply with
regulations in effect at time of approval ,of
ZMA-85-33. Location and acreages of various land
uses shall comply with the approved plan, provided
that variations from the approved plan for Section
9 may be authorized in accordance with 8.5.6.3 of
the Zoning Ordinance. In the final site plan and
subdivision process, open space shall be dedicated in
proportion to the number of lots approved. - The Commission
may permit dedication of a lesser acreage of open space in
a particular case due to remoteness of open space areas
from that section plated; provided that, in no event,
shall open space consist of less than 25% of the
cumulative are plated and provided further that the
cumulative total of i71 146 acres shall be dedicated
concomitant with the approval of the final phase of
residential development.
OtA . A building separation of 100 feet shall be maintained for
dwellings in Sections 1 through 8. For Section 9 the
following yard requirements shall be observed:
Front - 30 feet
Side - 25 feet
Rear - 20 feet
2 . Agreement to proceed with final subdivision planning in
accordance with "Staff Comment" section of this report.
(Copy attached) .
3 . Development in accordance with revised plan received by
the Planning Division on March 12, 1986, initialled by
"JTPH" on March 19, 1986 and presented to the Board of
Supervisors.
If you should have any questions regarding the above noted
action, please do not hesitate to contact me.
Agi erely,-
ir
4,1,e
.oin ft. P. Horne
D ector of Planning & Community Development