HomeMy WebLinkAboutSDP201800091 Correspondence 2019-06-07Patricia Saternye
From: Steve Edwards <steve@edwardsdesignstudio.com>
Sent: Friday, June 07, 2019 10:44 AM
To: Megan Nedostup
Cc: Patricia Saternye; George Ray; Schweller, Lori; David Benish
Subject: Re: FW: Oakleigh setbacks Special Exception
Paty,
Please disregard my earlier email. We are good with the proposed language you wrote with regards
to Comment #2.
Steve Edwards
Edwards designStudio
434-531-7507 1 c
www.edwardsdesignstudio.com
On Fri, Jun 7, 2019 at 9:02 AM Megan Nedostup <mnedostup@albemarle.org> wrote:
Good Morning Steve,
don't believe what you have outlined here with regards to the interpretation of the condition for the special
exception is correct. We discussed that with the language, if the arborist needs to change anything outside of
what was outlined in the letter, that the Planning Director would need to approve it. However, I emphasized
that this actually allows you flexibility as leaving the Planning Director portion out of the condition would
mean that if anything changed in the field and the arborist wanted to do something different than what was in
the letter, that in that case the special exception would need to be amended.
thought we all agreed that it was acceptable, because your intention was to do what was outlined in the
letter.
Thank you,
Megan Nedostup, AICP
(pronounced nuh-DAHST-up)
Principal Planner
Community Development Department
Planning Services
ph: 434.296.5832 ext. 3004
From: Steve Edwards <steve@edwardsdesignstudio.com>
Sent: Thursday, June 06, 2019 9:35 PM
To: Patricia Saternye <psaternye@albemarle.org>
Cc: George Ray <georgerayir@gmail.com>; Schweller, Lori <Ischweller@williamsmullen.com>; Megan Nedostup
<mnedostup@albemarle.org>; David Benish <DBENISH@albemarle.org>
Subject: Re: FW: Oakleigh setbacks Special Exception
Paty,
To follow up with your question regarding Comment #2 of your email dated May 29th to our Special
Exception request:
A condition of approval will be required. It will state "The modification to the design and layout
to protect the
proffered preserved trees, as specified by the project arborist in their letter on 3/29/2019, are
required
unless alternative methods that meet or exceed those specified by the project arborist are
approved by the
Director of Planning."
We discussed this with Megan and David. We all seemed to interpret this to mean that if we (owner
and his professionals) suggest alternative methods to the arborist's recommendation letter that are
more beneficial to the preservation of the trees, then approval by the Director of Planning isn't
necessary. Otherwise, should alternative methods fall short then those recommendations, the
Director of Planning will need to approve them.
If this was your intention, then we are perfectly acceptable to this condition of approval.
Steve Edwards
Edwards designStudio
434-531-7507 1 c
www.edwardsdesignstudio.com
On Wed, Jun 5, 2019 at 5:57 PM Patricia Saternye <psaternye@albemarle.org> wrote:
Steve,
I wanted to update you on the Oakleigh setback special exception.
With the exception of two what I think should be quick items (listed just below) staff is ready to support the variation
request.
The last two items are:
1.Signing and completing of the application. In reference to this the following needs to be addressed:
a.As Rebecca specified in her email to you last week (below) because you have had the "Manager" sign
the application (George Ray) for the Oakleigh Albemarle LLC parcels and the letter giving you right to
sign for The Blake @ Charlottesville parcels, we then need for each of those LLCs the "Articles of
Organization" that specifies those specific managers right to sign for the owner (LLC).
b. Since there are a multiple parcels impacted by the variation request, and two different owners of
those parcels, we need the section of the "Owner/Applicant Must Read and Sign" page (the middle
portion that starts with "***If multiple property owners are required...") to be filled out for both
owners. This section of the document is where the specific tax map parcels that the specific owner
owns is listed and the name of the owner of the parcel(s) listed.
c. We will need the original of each of those signed application pages.
2.Confirmation that the you are agreeing to the condition of approval for the variation request. In your comment
response letter (May 30, 2019) you stated you "... will continue to adhere to the project arborist's advice..."
but you did not say you are agreeing to the condition staff has stated is necessary for their support of this
special exception. Please provide confirmation that you are in agreement with the condition of approval
specified or specify otherwise.
If we can take care of both of these two items quickly, so that we have everything we need to move forward and
support the variation, then the variation will be scheduled for the July 3rd BOS meeting.
Thanks,
Paty Saternye
Senior Planner
Community Development
lbemarle
ounty
C
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 ext.3250
Psaternve@albemarle.org
www.albemarle.org
From: Rebecca Ragsdale
Sent: Wednesday, May 29, 2019 2:40 PM
To: Steve Edwards <steve@edwardsdesignstudio.com>
Subject: RE: Oakleigh Sign Special Exception
Steve,
As of right now, we still do not have a complete application for this request.
1.Please submit the required fee of $457
2.Please provide the supporting documentation that you are an authorized agent to sign on behalf of Oakleigh
Albemarle LLC:
4. Limited liability companies ("LLCs")
Authorized signatories: The authorized signatories are: (1) if the LLC is not a manager -managed LLC, any
member; (2) if the LLC is a manager -managed LLC, the manager or any member unless the articles of
organization limit the members' authority (Virginia Code § 13.1-1021.](A)); or (3) unless otherwise provided in
the articles of organization or an operating agreement, the members have the power and authority to delegate to
one or more other persons, including agents, officers and employees of a member or manager of the LLC,
members' rights and powers to manage and control the business affairs of the LLC, and to delegate by a
management agreement or other agreement with, or otherwise to, other persons (Virginia Code § 13.1-
1022(D)). Supporting documentation: The supporting documentation is the articles of organization (Virginia
Code § 13.1-1021. ] (A) and when the power is delegated to someone other than a manager or a member, also the
operating agreement and, if applicable, any other agreement (Virginia Code § 13.1-1022(D)).
3.The narrative you provided does not cite the reference to the sign ordinance and does not address the
requirements of the ordinance. Please remove any reference to the other freestanding sign request from your
narrative. I am sending this link to an example you may use as a guide:
https://albemarle.legistar.com/View.ashx?M=F&ID=4761088&GUID=7C06E215-14BO-4970-A765-
EF44D9B50091
4.1 have just seen the latest response from you to ACSA and Engineering. I will need to review the revised location
exhibit closely and advise about your maintenance agreement question.
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From: Steve Edwards <steve@edwardsdesignstudio.com>
Sent: Wednesday, May 22, 2019 11:13 PM
To: Rebecca Ragsdale <rragsdale@albemarle.org>; Bart Svoboda <bsvoboda@albemarle.org>
Subject: Re: Oakleigh Sign Special Exception
Here is my draft for our conversation at 9:30.
Couple other things to discuss and before I forget...
Attached is the one on George's behalf. Having one from the Blake isn't necessary now we have
revised the location of their sign entirely on their land (Lot 5).
I've got a call into Jeremy about ACSA review status. Which engineer is reviewing so I can check in
with them?
The BLA can act independent of this request. It is being incorporated into/along with our easement
revisions in the SDP review.
Finally, I don't feel it's right for the County to charge another SE fee for this considering we could
have incorporated it into the first one at the very beginning had we known this was going to be an
issue rather than try to amend it. I do understand Staff's point to have them separate to make the
tracking easier though. I respectfully request this fee NOT be required.
Steve Edwards
Edwards designStudio
434-531-7507 1 c
www.edwardsdesiEnstudio.com
On Wed, May 22, 2019 at 2:40 PM Rebecca Ragsdale <rragsdale@albemarle.org> wrote:
Steve,
I have been in the field and meetings all day so haven't been able to give you a call.
If any of this information is unclear and you want to discuss on phone or in person, we can schedule that on my
calendar so you don't call and keep missing me.
Special Exception #2 -Request is for a waiver of Section 4.15.16 sign setbacks to allow a freestanding sign in the
private street easement- (This waiver may be requested under Section 8.2.(b))
The special exception needs the following:
• A separate application, fee, authorized signatures verified
• A written narrative/justification that addresses the criteria found in Section 4 (see below).
• The request is under review by ACSA and County Engineer. I will forward any comments asap if received from
them.
• If the special exception involves The Blake property, we need authorized signatures for that property owner
before it can be acted on by the Board. You have amended The Blake sign location and zoning has approved
that. ACSA still needs to review that permit.
• This special exception Is not yet scheduled and cannot be scheduled for June. I will ask the clerk about a
possible July date for that item but it would only be tentative, pending receipt of required items and
Engineering and ACSA reviews with no issues.
• Approval of the BLA so that the sign does not straddle the property line can be a condition of the SE and does
not need to be done before the Board acts on the SE.
Findings. In addition to making the findings required for the granting of a waiver or modification in sections 4, 5, 21, 26 or 32, a
waiver or modification may be granted only if it is also found: (i) to be consistent with the intent and purposes of the planned
development district under the particular circumstances, and satisfies all other applicable requirements of section 8; (ii) to be
consistent with planned development design principles; (iii) that the waiver or modification would not adversely affect the public
health, safety or general welfare; and (iv) in the case of a requested modification, that the public purposes of the original regulation
would be satisfied to at least an equivalent degree by the modification
Rebecca
Rebecca Ragsdale, Principal Planner
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902-4596
(434) 296-5832 Ext. 3226
E-mail: rragsdalekalbemarle.org