HomeMy WebLinkAboutZMA199400009 Action Letter
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
. 401 Mcintire Road
Charlottesville, Virginia 22~-4596
(804) 2%·5823 >'.
June 23, 1995
McKee/Carson
256 East High St
Queen Charlotte Square
Charlottesville, V A 22902
RE: ZMA-94-09 Jayel Industries
Tax Map 90D, Parcel A
Dear Sir:
The Albemarle County Board of Supervisors, at its meeting on June 14, 1995, approved
ZMA-94-09 with the revised proffer which is set out in a letter dated June 9, 1995, addressed to
Wayne Cilimberg, and signed by Mark N. Fanner, re: Lake Reynovia - Mill Creek Emergency
Access Road (copy attached).
If you have any questions, please do not hesitate to contact me.
Sincerely,
Ú. ~.
V. Wayne llimberg ~
Director of Planning ~y Development
VWC/jcw
cc: Amelia McCulley
Jo Higgins
Lee Catlin
LEWIS A. MARTIN, III
STEVEN L. RAYNOR
C. LAMAR GARREN-
ANN C. BERGER
MARK N. F ARMERt
MARSHALL M. SLAYTON
MARTIN & RAYNOR, P.C.
A'l"l'ORNEYS AT LAW
415 FOURTH STREET, N.E.
CHARLOTl'ESVILLE, VIRGINIA 22902
TELEPHONE: (804) 296-4151
FACSIMILE: (804) 296-8316
LEWIS A. MARTIN, JR.
OF COUNSEL
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. admitted in Maryland
t allO admitted in Di.trict or Columbia
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June 9, 1995
VIA HAND DELIVERY
Mr. Wayne Cilimberg
Albemarle County Engineering Department
Albemarle County Office Building
401 McIntire Road
Charlottesville, Virginia 22902
RE: Lake Revnovia - Mill Creek Emerqencv Access Road
Dear Mr. Cilimberg:
In connection with our telephone conversation of yesterday
morning, please find enclosed an executed proffer document (the
"Proffer") drafted and signed in connection with the above-
referenced matter. This Proffer has been transmitted to me by
facsimile. As we discussed, I will immediately submit the
originally-executed Proffer to you when I receive it from Mr.
Nichols on Monday morning.
"
Please let me know if you have any questions. Thank you for
your assistance in this matter.
Very truly yours,
~~
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Mark N. Farmer
MNF/bld
Enclosure
c:\wpdoca\94-628.mn£\letter\albco.4
RECEIVED
JUM .9 1995
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P~2nn~!lg Dept.
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Original Proffer
Amended Proffer
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Date: June 8, 1995
'lax Map I: 90
PROFFBR
ZMA 's: 88-11: 94-09
Parcel , 36
Substitution ot Conditions Relating to Rezoning
of 1db Acres from RA to R-4
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Pursuant to Section 33.3 of the Albemarle County Zoning
Ordinance, Jayel Industries, Inc., a corporation orqanized and
existing under the lavs of the state of California and John E.
Campbell (Jayel lnåustríes, Ino. and John B. Campbell being
hereinafter collectively referred to as the -Developers"), by
their duly-authorized 8gent, hereby voluntarily proffer the
condition. listed below (the ·ConditionsN) which shall be applied
to the property, as substituted conditions to ZMA , 88-11 (the
"Original RezoningM) in lieu of proffer ite. number 3, described
in that certain letter dated October 10,1988, from ,John T.P.
Horne of the Department of Planninq & Community Development of
the County of Albemarle to Heavenly Bolding Corporation, which
letter is attached hereto and made a part hereof as Exhibit A.
The Conditions are proffered to amend ~he Origina1 Re~onin9, and
it is agreed that: (l) the Original Rezoning itself gives rise
to the need for the Conditiona¡ and {21 the Conditions have a
reasonable relation to the Original ~e~onin9 previously requested
and granted.
(a) The emergency vehicle acces", road (the "Access RoadN)
shall be built in accordance with the specifications
set oat in that certain McKee/Carson design of the
Acce.. Road, dated March 27, 1995, which design is
attached hereto and made a part hereof as Exhibit B.
(b) The Developers and their 9ucceøøorø and assigns shall
maintain the Access Road, in a manner reasonably
satisfactory to the County of ~bemarle (the
"Maintenance-), such that the Aocess Road is accessible
to emergency vehicles at all times.
(c) The Developers shall post a cash bond in the amount of
Five Thousand and 00/100 Dollars ($5,OOO.00) (the
"Bond") to insure that the Maintenance continues, in
accordance with the terms and conditions of that
certain Road/SUbdivision Perfor.mance Bond for
Maintena.nce 6y Gnd betw..n·t.h" Developors emd the
County of Albemarle (the -Bond Agreement"), which Bond
Aqreemen~ is attached hereto And mAde a part hereof as
Exhibit C.. The Bond ahall be aecur~d by a certificate
.~ECEIVED
JUN 1 2 1995
P!e.nning Dept.
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of deposit with a bank of tbe Developers' choosing.
The Developers shall assign the certificate of deposit
to the County of Albemarle, in accordance with the
terms and conditions of that certain Collateral
Assignment of Certificate of Deposit by and between the
Developers and the County of Albemarle (the "Assignment
AgreeJDent"), which Assiqmaent Agreement is attached
hereto and made a part hereof &s Exhibit D. The
interøøt which accrues on the Bond each year shall be
paid to the Developers on the 31Bt day of December of
that year, beginning in the year 1995. The security
for the Bond may be substituted with eqoal security
different from that øet out above if such substitution
i8 approved by the County of A1bemarle's attorney_
IN WITNBSS WHEREOF, the Developers have caused this Proffer
to be executed this ~ day of June, 1995, by their undersigned
attorney-in-fact._
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JAYBL I.DUS~RIBSr IIIC. a
California corpoJ:"a1:..ioft
By:
An
M. Nichols, attorney-in-
for Jayel Industries,
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JOB. B. CAMPBELL
M- if. ~'7~, '"
By: N~~
Ant ony M. Nichols, his
attorney-in fact
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STATE OF CALIFORNIA
COUNTY OF
Vuh t::Z
~~ The foregoing agreement was acknowledged before me this
day of June, 1995, by Anthony M. Hichola, attorney-in-
faot for Jayel Industries, Inc.
My commission expires:
7r 2-~9~
STATE OF CALIFORNIA
1
en
J
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COUNTY OF
~f4ÚJ C{
My commission
expires: 7. ¿~.. 9' S-
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Notary P l~c .
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Notary Public· California ~
COUNlY OF YUBA (J
My Commission Expires J..
JuIv 28. '995
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