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HomeMy WebLinkAboutZMA201600022 Correspondence 2017-09-01Elaine Echols From: Elaine Echols Sent: Friday, September 01, 2017 12:46 PM To: Alan Taylor Cc: Justin Shimp, P.E. Subject: Deed of Easement Access to 2511 Avinity Drive Dear Alan, You have asked me to update you on the progress of resolving the access issue for the 2511 Avinity Drive ZMA. In all of our comment letters, we have asked the owner to demonstrate that he has right to use Avinity Drive for his development. A few weeks ago, the applicant provided a number of deeds and plats, which we have reviewed. The owner has indicated that a deed of easement does not exist but is not necessary for use of Avinity Drive. However, our County Attorney's office has concluded that a deed of easement is necessary. The applicant has decided to pursue the ZMA to the PC on September 26, 2017 without addressing the access issue further. Because that date is less than a month away, I felt it important to contact you with this information. I am hopeful that the access issue can be resolved before the Commission's meeting. don't know whether the applicant has reached out to you. I am forwarding the email provided by the applicant so you are in the loop when the applicant contacts you, if the applicant contacts you. Please let me know if you need more information. Elaine From: Elaine Echols Sent: Tuesday, August 29, 2017 5:24 PM To: 'Justin Shimp, P.E.' <justin@shimp-engineering.com> Cc: kelsey@shimp-engineering.com Subject: RE: Deed of Easement Access to 2511 Avinity Drive Hi Justin, I shared this information with the County Attorney's office and they disagree with your conclusions below. What you have provided is not sufficient to demonstrate that the right to use Avinity Drive for this development exists. I hope to provide you comments on your latest submittal tomorrow, including this comment. Please reach out to the owner of the adjoining property to resolve this issue. Elaine From: Justin Shimp, P.E. [mailto:lustin@shimp-engineering.com] Sent: Saturday, August 26, 2017 10:07 AM To: Elaine Echols <EECHOLS@albemarle.org> Cc: kelsey@shimp-engineering.com Subject: Re: Deed of Easement Access to 2511 Avinity Drive Hello Elaine, We have searched for this easement and it may not exist. It appears that the County did not require the developer of Avinity to create a deed that went along with the access easement that was required and shown on the plat. My current experience with the County Attorney is that the Avinity plat should not have been signed without that deed of easement. Jason has been given rights to the roads in Avinity via a separate deed, which we believe applies to both parcels he owns. We don't really see this as a zoning issue for us, although in a way it is related to Avinity's siteplan. If that open space and landscaping was required per their siteplan we could remove it and construct a road in the original 50' ROW that we have never released our right too. We have no intention of doing so, but it might be prudent for the Avinity developers to clean this issue up and create an easement that shifts the original 50' road to the new location and clarifies the easement. It would be unfortunate if the HOA had to deal with this ROW issue in the future because it was missed on the platting process by the original developer. I'll check with my client and see if he wants me to reach out to Redlight to discuss this issue. I'll reiterate that at this time we see this as a matter between my client and the developer of Avinity. We have the rights to that road. I do appreciate that the County might have an interest in this to prevent any future disagreements between the HOA and my client as the HOA might feel that the County could have resolved this while they had some leverage on the original developer with approvals/etc. To that end, we are on the same side of this issue and would be willing to work with the Avinity folks on cleaning up the mistake. I'll keep you posted if anything changes on our side. Please advise if the County has means to go back and require a correction to deal with the deed that was not recorded with the plat as normally required. Also note that as a condition of a commercial entrance the VDOT permit requires a shared connection for future commercial/development uses. I'll follow up with VDOT on that via a separate email. Thanks! Justin Shimp, P.E. 434-953-6116 On Aug 25, 2017, at 3:35 PM, Elaine Echols <EECHOLS @ albemarle.or,!�> wrote: Hi there, We've been looking through the deeds and plats you provided, but the deed of easement that goes along with the plat for the access easement is missing from the group. Our County Attorney reviewed the items you sent and cannot find it. Does it exist? If so, please send right away. Thanks. Elaine Elaine K. Echols, FAICP Chief of Planning Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 434-296-5823 x 3252