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HomeMy WebLinkAboutZMA200400018 Review Comments 2009-10-07AL�,�9 GINt� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 _ __ Fax (434) 972-4126 October 6, 2009 Fontana Land Trust; A M Nichols Trustee P.O. Box 143 Marysville, CA 95901 Re: Fontana Pedestrian Paths as approved in ZMA 2004-018 Fontana Phase 4C Dear Mr. Nichols: As you may know, we have received requests from several Fontana property owners regarding the proposed location of the pedestrian paths. In their requests, they indicate that recorded easements do not currently exist and ask that the County and the developer work together to approve an amended plan that does not include the path on their private property. The pedestrian path plan (showing the plan on these properties) is proffered with the Fontana Phase 4C rezoning (proffer #10 of ZMA 2004-018). Pedestrian paths were approved with the Fontana subdivision plats in lieu of sidewalks. Because the path system was not complete in prior phases of Fontana, completion of the paths is a proffer with the rezoning for Fontana Phase 4C. The proffered Fontana Pedestrian Path Plan states in note #1: "This is .a schematic line representation only. Realignments in the field are to be approved by the Albemarle County Erosion Control Officer or the County Engineer..." Without the submittal of alternative trail locations which maintain [unclear what "which maintain" means; do you mean "in which to establish"?] the pedestrian path. system, we can not find that the current request is simply a "realignment" which can be administratively approved. Therefore, to remove or even to substantially relocate sections of the pedestrian path system, you will need to submit a rezoning amendment to Fontana Phase 4C to amend proffer# 10. As you know, proffer # 10 requires completion of this pedestrian path system prior to grading in Phase 4C. We are happy to meet with you and any property owner representatives to discuss this rezoning amendment. Please contact me and I will r, Fontana Land Trust; A M Nichols Trustee October 6, 2009 Page 2 coordinate this. Rezonings (including amendments to rezonings) are accepted once a month. The schedule is online and we can provide it to you. Because you are the property owner for phase 4C, you will have to sign the application. If you have any questions, please do not hesitate to contact me. Sincerely, Amelia G. McCulley, A.I. P. Zoning Administrator Cc: Steve Driver 4154 th Street Charlottesville, VA 22902 Michael and Paige Powers 138 Fontana Court (lot 128) Mr. and Mrs. Alexander Johnson 120 Fontana Court (lot 125) Mr. and Mrs. Tony Laquintano 84 Fontana Court (lot 121) Mr. Fraidoon Hovaizi and Ms. Shahnaz Ghassemi 126 Fontana Court (lot 126) Mr. and Mrs. Ramzi Humsi 78 Fontana Court (lot 120) Mr. and .Mrs. Jim Ankeney 132 Fontana Court (lot 127) Mr. Scott Zeitlin and Ms. Jeh-Ping Liu 102 Fontana Court (lot 122) Mr. and Mrs. Jamshed Fracis 1967 Via Florence Road (lot 106) Mr. and Mrs. Bryan Bickers 108 Fontana Court (lot 123) Mr. and Mrs. Nathaniel Scurry 1979 Via Florence Road (lot 104)