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HomeMy WebLinkAboutSUB201600165 Action Letter 2016-09-19 Christopher Perez From: Christopher Perez Sent: Monday, September 19, 2016 5:51 PM To: 'Don Franco' Cc: Nathan Morris; Steve Runkle Subject: RE: SUB2016-165 Forest lakes Block P— BLA Attachments: SKM_364e-En16091917170.pdf Mr. Franco/Mr. Morris, SUB2016-165 Forest lakes Block P— BLA I've since pulled all files in our office related to Block P of Forest Lakes, as well as the adjacent property's rezoning. I have determined that Parcel X(now TMP 046B4-00-0P-000A1),which is reserved for access on the final plat for this Block of Forest Lakes is required by proffer#1 of the rezoning(ZMA95-24)to provide access to the adjacent property- TMP 03200-00-00-029N2. See attached proffers. Notably proffer#1 requires the access be provided from TMP 46-B3-01, which was the originally TMP that Block P and this lot(Parcel X/ TMP 046B4-00-0P-000A1)was developed from. Thus the reservation is required by proffer#1 and cannot be omitted without a rezoning that modifies the proffer to omit the requirement for the connection. Additionally the BLA is not approvable as it omits reserved land from Parcel X that may be required for sight distance/turning radius for the connection. How would you like to proceed? -Would you like to meet to discuss the above? -Would you like to view the history files? If so, let me know as I have them all pulled in my office. -Would you like to request the project be withdrawn? - Do you request the Agent write an official denial letter? If you discontinue work on the proposal, after 6 months the project will be involuntarily withdrawn. Christopher P.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: Don Franco [mailto:don@community-results.com] Sent: Saturday, September 17, 2016 7:59 AM To: Christopher Perez <cperez@albemarle.org> Cc: Nathan Morris<NMorris@roudabush.com>; Steve Runkle <steve.runkle@re3cp.com> Subject: Re: SUB2016-165 Forest lakes Block P— BLA Mr. Perez: I am working with the owners of the lots involved in the referenced boundary line adjustment and am writing to you to address your first comment. Parcel X was created via a plat recorded in 1995 (DB 1498-312). The only notational reference to the parcel was in the area summary table where the acreage was listed as an"area in residue." i In 1996, the adjacent residue was further subdivided into three new lots(DB 1536-477) and 0.074 acres (Parcel . Z)was added to Parcel X. Note#8 states"Parcel Z is to be added to and become a part of Parcel X. Parcel X being an area reserved by the developer for future access as shown on plats recorded at D.B. 1498 pp. 312- 317." Unlike county and VDOT mandated reservations which include "reserved for public use"or"to be dedicated upon demand for public use,"this reservation is at the discretion of the developer. The note was added to help lot purchasers be aware of the potential for future expansion of Forest Lakes into the adjacent areas. The note also does not say that the developer must maintain his reservation forever. The developer is no longer interested in gaining access thru this lot and, as such, has initiated this boundary line adjustment with the neighbor to create more traditional lot shapes and is abandoning his reservation. The referenced plats are attached for your convenience. Nathan will be addressing the remaining comments and resubmitting. Please do not hesitate to contact me if you have any questions or concerns. Don Franco Community Results 625 Panorama Road Earlysville,VA 22936 don@community-results.com 434.974.9285 (o) 434.249.9641 (c) On Sep 15, 2016, at 3:12 PM, Nathan Morris <NMorris@roudabush.com>wrote: See below. Nathan Morris Roudabush, Gale and Associates 914 Monticello Road Charlottesville, Virginia 22901 Phone. (434) 977-0205 Fax: (434) 296-5220 From: Christopher Perez [mailto:cperez@albemarle.org] Sent:Thursday, September 15,2016 2:59 PM To: Nathan Morris<NMorris@roudabush.com> Subject: SUB2016-165 Forest lakes Block P— BLA Mr. Morris, SUB2016-165 Forest lakes Block P— BLA Below are the County review comments on the plat. The items are extremely minor and consist of notes. Please add and revise the notes appropriately, after which the plat may be resubmitted electronically as a PDF for a quick review. 1) [Comment] The plat which created TMP 046B4-00-0P-000A1 and subsequent plats provide a note on them which states that this lot is reserved for access to TMP 03200-00-00-029N2. Provide a note on the plat that states this, otherwise explain why this note is no longer required. 2 • 2) [14-302(A)9] Building sites on proposed lots. The plat shall contain the following note: "Parcel[letter or number] and the residue of Tax Map/Parcel[numbers] each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance. " 3) [14-302(B)5] Zoning. Revise the zoning of the parcel to include ZMA1995-24. As referenced for these lots on DB 1536-477. Revise 4) [Comment] Revise the plat to omit the use of any language having to do with "New Lot"or "New TMP... ", as these are not new lots and have existed for quite some time. One possible alternative to this language includes: "Revised Lot Acreage". Christopher P.Perez I Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext 3443 3