HomeMy WebLinkAboutSDP201200043 Legacy Document 2012-10-08Christopher Perez
From: Garber, Phil [Garber @charlottesville.org]
Sent: Wednesday, October 03, 2012 8:54 AM
To: Christopher Perez
Cc: 'Frank Pohl'; 'Nat Perkins'
Subject: Whitewood Road Day Care Facility - final site plan
I have received and reviewed the subject site plan with your below questions.
First of all, the City has installed gas facilities on many other properties in the County and the
gas facilities are not shown on the site plan and therefore not part of the County's review
process. The City's gas facilities just like Dominion, and Centurylink are not subject to the
County review process and these other utilities (that are required on this project) are not show
on the subject plans. In this case, the developer has shown the gas facilities for clarity on the
site plan and now you are requiring certain conditions of the City and developer. I believe that
your requirements are overreaching and putting an overdue burden for a developer that is
trying to build a day care facility for the benefit of County citizens. This is not a business
friendly process.
Anyway, to answer your questions. The improvements as shown on the site plan dated
revised 9/24/12, are acceptable subject to the rights in the gas deed of easement language as
stated below.
Grantor hereby GRANTS and CONVEYS with GENERAL WARRANTY unto the City and its successors
and assigns forever the following property:
Permanent natural gas line easement (the singular term "easement" when used hereinafter to include the plural if
applicable) for the installation, maintenance, operation, repair, replacement, and extension of natural gas
facilities and of utility lines, pipes, and facilities connected therewith, which easement is beneath, upon, and
over strips of land which are shown and designated as a 15 foot wide easement for gas facilities on a certain
plat.
Grantor reserves the right to make use of the land subject to the rights herein granted, which use shall not be
inconsistent with the rights herein conveyed or interfere with the use of the said easement by the City for the
purposes aforesaid.
The answer to your question #2 below is yes.
Thnks for your consideration.
Phil Garber.. P.E.
Chief Gas Engineer
3054 th Street NW
Charlottesville, VA 22903
434 - 970 -3811 (o)
434 - 970 -3817 (f)
From: Christopher Perez [mailto:cperez('0albemarle.org]
Sent: Friday, September 28, 2012 3:09 PM
To: Garber, Phil
Subject: Whitewood Road Day Care Facility - final site plan
Phil,
It was good to touch base with you about the Whitewood Road Day Care Facility — final site plan, which is
currently under review in our office. Per our discussion today, I am sending you the revised final site plan for
your review. In order to approve the final site plan as depicted I need 3 items verified/ granted from the
easement holder, City of Charlottesville Utility:
1) The final site plan depicts landscaping (shrubs) in the gas line easement fronting on Oak Forest Drive. In
order for my office to approve the final site plan as shown I need the easement holder, City of Charlottesville
Utility, to provide some type of correspondence that the location of the shrubs is acceptable. Otherwise I will
work with the applicant to have the shrubs moved outside of the easement. Is the location of the shrubs in the
easement fronting Oak Forest Drive acceptable?
2) Also, the final site plan depicts the relocation of the existing gas line easement which fronts White Wood
Road, being relocated under the drive aisle of the site. In order to move forward with the approval of the plan as
depicted I need some type of correspondence from the owner of these pipes and the easement, City Of
Charlottesville Utility, that as shown it is acceptable. I have this verification from your Sept 13, 2012 letter with
reference to the plans dated 8- 31 -12. Notably in that letter it also states that the applicant will need a recordable
plat and an executed deed. Thus it has been the County's stance that the applicant would need to have the plat
and deed approved and recorded before final site plan approval. However during today's conversation you
stated that the plat and deed does not need to take place before the final site plan is approved, that the City is
fine with the deed and easement being done after final site plan approval. Is this a correct statement?
3) Also, the final site plan depicts a storm sewer line through the existing gas line easement which fronts Oak
Forest Drive. In order to move forward with the approval of the plan as depicted I need some type of
correspondence from the owner of these pipes and the easement, City Of Charlottesville Utility, that as shown it
is acceptable. I have this verification from emails between you and Frank Pohl dated 9- 25 -12. Is this still
acceptable?
I appreciate your time and efforts. This email has also been attached to the site plan which was mailed to you
earlier today.
If you have any questions please contact me.
Thanks
Christopher P. Perez
Christopher P. Perez I Senior Planner
Department of Community Development I County of Albemarle, Virginia
401 McIntire Road I Charlottesville, VA 22902
434.296.5832 ext. 3443