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The Board of Supervisors approved a rezoning application for the Hiden Property in 1997. The property included 150 single-family dwelling units on the north side of Monticello Avenue (Monticello Woods) and a 350-unit timeshare development on the south side of Monticello Avenue. In 2003, the developer requested and received Board approval to amend the proffers and master plan to permit the development of 400 age restricted dwellings (The Settlement at Powhatan Creek) in place of the 350 timeshare units and to designate all roads on the southern development as private.
No. On Sept. 1, 2017, Fulton Bank notified the County that it would exercise its right to take exclusive control of the remaining development work within Phases 1, 2 and 3 at The Settlement at Powhatan Creek.
Fulton Bank has not finalized or provided a time frame or schedule for completing the work. The Code of Virginia does not allow the County to dictate to Fulton Bank or its contractors how to complete the outstanding work guaranteed by the various letters of credit.
No. Contractors hired by Fulton Bank make all scheduling decisions. The County does not have any ability to influence or direct the timing or scheduling of this work.
The remaining undeveloped portions of the property, located on the western side of the entrance road adjacent to Monticello Avenue, are designated as “Residential Uses” on the adopted master Plan. To date, roughly 270 homes have been constructed within The Settlement at Powhatan Creek. No plans are currently under review by County staff for the remaining undeveloped property.
No. The Virginia Code requires the County to provide partial release of any performance guarantee within thirty days after receipt of written notice of the completion of all or part of any public facilities, such as a stormwater retention pond, required to be constructed under that guarantee. If the County does not agree that construction of a particular facility is complete, the County must provide written notice of the outstanding deficiencies that remain and then the process may start again. The County cannot hold surety for one phase of development because another phase is incomplete.
In an effort to ensure that all residents within the development have equal access to all available information and every person or group was receiving the same information at the same time, the County Administrator centralized communication and began posting regular updates from County reviewing agencies and the contractor performing remediation work to the County website. The Ombudsman has been coordinating communication and responses to provide a more efficient utilization of staff resources.
County officials last addressed residents at a community meeting in June 2017 while discussions were ongoing with Fulton Bank regarding requesting that the letters of credit be pulled to complete the outstanding work. With Fulton Bank having exercised its right to take possession of the development project, the County’s role is to review and approve remediation plans, as-built drawings and ensure all work is in compliance with the approved development plans.
No. The post construction report produced by Landtech Resources, Inc. and paid for by the Community Association is a comprehensive document which includes many items that are not covered by letters of credit held by Fulton Bank. An annotated copy of the report is posted to the County Administration webpage which details what items are included on County punch lists.
The Settlement at Powhatan Creek is being developed in accordance with a binding master plan and proffers approved by the Board of Supervisors. The adopted proffers strictly prohibit a potential access road between The Settlement and Powhatan Crossing.
All roads within The Settlement at Powhatan Creek are private roads and are not maintained by VDOT. Maintenance is the responsibility of the Community Association.
No. Because the remediation work is not a County project, the County is constitutionally barred from indemnifying the actions of a third party such as the contractor selected by Fulton Bank to perform the remediation work.
All parties continue to believe that there are sufficient funds available to complete the remaining work.