AGENDA DATE: 3/16/2022
TITLE:
Title
Schedule a Public Hearing to Consider a Stillhouse Ridge Rural Preservation Boundary Line Adjustment
BODY
SUBJECT/PROPOSAL/REQUEST: Schedule a public hearing to consider approving a boundary line adjustment to correct the location of a 2005 open space land use easement across Tax Parcel ID 85-29A9, known as the Stillhouse Ridge Rural Preservation Tract
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Walker, Kamptner, DeLoria, Clark
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The County approved the Stillhouse Ridge Rural Preservation Development in 2005. The approval required the dedication of a tract of at least 40 acres to perpetual open space use. The owner granted the County and the ACEA (formerly the Albemarle County Public Recreation Facilities Authority) a conservation easement over a 40.134-acre tract (the Preservation Tract) by deed dated November 10, 2002 (Attachment A).
The Stillhouse Ridge Subdivision Plat prepared in 2004 identified an encroachment by the neighboring property (Crisler Property) involving the corner of a house and a private driveway to Plank Road (Attachment B, Sheet 3 of 3). Regarding the encroachment, the owner of the Preservation Tract sent a "letter to the owner of the house at the time but did not receive a reply. [He] was not concerned with that small piece as traditionally the creek had been understood as the boundary," according to the owner's email of January 20, 2021.
The Rural Preservation Development was reviewed and approved without mention of the encroachment in the public record. It should have been corrected then, prior to final approval upon the exercise of due diligence. The ACEA agreed on December 9, 2021 that this is subject to correction, and authorized its Chair to execute necessary documents (Attachment C).
STRATEGIC PLAN: Rural Area Character - preserve the character of rural life with protec...
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