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Home My WebLink AboutZMA201700007 Correspondence 2018-06-05 Tim Padalino From: Kelsey Schlein <kelsey@shimp-engineering.com> Sent: Tuesday,June 05, 2018 12:01 PM To: Tim Padalino Cc: Justin Shimp, P.E. Subject: Re: Hogwaller Updated Proffer Statement (06-04-18) Attachments: Proffer Statement PKG (060418) - Hogwaller Farm ZMA.pdf See attached, thanks for getting that point of clarification to me so quickly! Have a great afternoon. Best, Kelsey On Tue, Jun 5, 2018 at 11:30 AM, Tim Padalino <tpadalino@albemarle.org> wrote: Hello Kelsey and Justin, You're welcome; and I'm glad for these detailed exchanges, as they are obviously making the application much stronger and supportable. Thanks once again for making these edits in time for all the necessary reviews to happen on our side of things, prior to sending our staff materials to the Clerk and ultimately the BOS. Fortunately, I was able to get quick confirmation about the proffer statement, as follows: Unfortunately,.the revisions you made do not sufficiently proffer the plan. As explained to me, there does need to be some kind of separate, explicit commitment to "...develop the property in general accord with the plan titled / dated ."And as further explained to me, without including this type of language to explicitly commit to the plan, then the plan is not legally or technically proffered. So with that in mind, if you do make this additional modification, I hope it isn't problematic or overly time—consuming. I say that because any remaining modifications need to be made and sent to me ASAP. I will actually be out of the office starting tomorrow through the rest of the week--so I would need to receive any final changes to the proffer statement today in order to be able to transmit it (and the accompanying concept plan) according to our internal review schedule, and to make sure other County reviewers are working on these revised materials while I'm out of the office. 1 Please let me know at your earliest convenience ... thanks very much --- • Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Kelsey Schlein [mailto:kelsey@shimp-engineering.com] Sent:Tuesday,June 05, 2018 10:08 AM To:Tim Padalino<tpadalino@albemarle.org> Cc:Justin Shimp, P.E.<justin@shimp-engineering.com> Subject: Re: Hogwaller Updated Proffer Statement(06=04-18) Hi Tim, One minor change was made to the plan, the note "riparian buffer" on the plan now reads "proffered riparian buffer." After reviewing the plan and proffer statement again this morning, we are ready to distribute. In the proffer statement I've referenced the concept plan under the first condition, please let me know if this is not a sufficient reference to condition the conceptual plan. Thanks again for your comments and for your guidance in this process. Best, Kelsey On Mon, Jun 4, 2018 at 8:39 PM, Tim Padalino<tpadalino@a albemarle.org>wrote: Thanks for the update, Justin. Point well made, and well received. 2 • I'll hang tight and wait to distribute/transmit everything tomorrow, after we receive the final version of the proffer statement. Thanks very much --- Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From:Justin Shimp, P.E. [mailto:iustin@shimp-engineering.com] Sent: Monday,June 04, 2018 8:13 PM To: Tim Padalino <tpadalino@albemarle.org> Cc: Kelsey Schlein<kelsey@shimp-engineering.com> Subject: Re: Hogwaller Updated Proffer Statement(06-04-18) Tim, I need to have staff's support on this moving forward, and while I continue to believe that the restrictions imposed upon this development may protect one county interest I believe they hamper other public interest that should be considered. That said, I don't want an argument over semantics to prove detrimental to what I believe is an important project. I'l get with kelsey in the AM and we will modify the documents to proffer the application plan. Justin Shimp, P.E. 434-953-6116 3 On Jun 4, 2018, at 5:06 PM, Tim Padalino<tpadalino@albemarle.org>wrote: Totally understand about the need to maintain considerable flexibility. But, the relevant elements of the concept plan (that you all just revised today--thank you) are the updated location of the proposed riparian buffer and the updated hatched area of the 100' WPO buffer. The revised concept plan provided this afternoon doesn't really show any farm layout or other operational details—nor does it have to/nor should it. So hopefully that concern doesn't override the benefit of proffering the newly revised plan. I can see the hesitation in not including the plan in the proffer-statement; but without proffering the concept plan, I've been told that it would be as though the concept plan doesn't technically exist and would not really be in consideration (and in that scenario, the County would only be considering the words on the proffer statement). I don't see anything on the concept plan that would create an overly detailed commitment, or that would subject you to a legislative amendment in the future simply for making some modifications to the crop layout or farming operation. FWIW, I respectfully recommend that you consider proffering the plan, as I understand that would go a very long way towards CDD staff being able to confirm to the BOS that the application has been modified to address and resolve the PC's emphasized reasons for their recommendation of denial. Thoughts? • Tim Padalino, AICP Albemarle County I Community Development-Dept. (434)-296-5832 x. 3088 4 From:Justin Shimp, P.E. [mailto:iustin@shimp-engineering.com] Sent: Monday,June 04,2018 4:57 PM To:Tim Padalino<tpadalino@albemarle.org> Cc: Kelsey Schlein<kelsey@shimp-engineering.com> Subject: Re: Hogwaller Updated Proffer Statement(06-04-18) Hi Tim, We want to have the concept plan reference the proffer,but not the other way around. Basically I don't want to commit to a particular layout of the farm because I am really not sure about how it will all lay out and the last thing I want to do is have to go back and amend a concept plan to swap the location of my tomatoes and eggplants.... I'm kidding, a little bit, but I hope you see my point. Is there a concern on the part of staff about those issues? does it really matter what goes where as long as we are out of the buffer? Justin Shimp, P.E. 434-953-6116 On Jun 4, 2018, at 4:40 PM, Tim Padalino <tpadalino@alberarle.org>wrote: At the risk of stating the obvious, I should add that if you plan to further revise and re- resubmit the proffer statement(to reference the revised concept plan), please do so ASAP so that we can send it to the other reviewers during this review period ... but also, if you do not plan to do so, please let me know that ASAP. So I'm writing to ask that you please confirm (one way or the other) at your earliest convenience. Thanks --- 5 Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From:Tim Padalino Sent: Monday,June 04,2018 4:29 PM To: 'Kelsey Schlein'<kelsey@shimp-engineering.com>; 'Justin Shimp, P.E.' <justin@shimp-engineering.com> Subject: RE: Hogwaller Updated Proffer Statement(06-04-18) Great—thanks for getting the updated proffer statement AND updated concept plan to us today. Also, I can now confirm that in this situation, no application is required and no fee is required. IMPORTANTLY, after checking in with Elaine Echols, she correctly pointed out that the revised proffer statement does not actually make a proffered commitment to the revised concept plan. She also stated that a proffered application plan/concept plan is technically not required in this type ofZMA, but it is of course strongly recommended to do so. So since you have the revised concept plan finished, and assuming you all wish to commit to that revised concept plan prior to going to the BOS, the revised proffer statement would have to revised further to explicitly include a commitment"to use/develop the property in general accord with the concept plan dated ." (or something along those lines) Elaine mentioned that she is going to follow up with Justin to clarify the proffers/ plan situation later this evening, but I thought it would only help to give you the heads up ASAP... 6 • 4 , Tim Padalino, AICP Albemarle County I Community Development Dept. (434)-296-5832 x. 3088 From: Kelsey Schlein [maiito:kelsey@shimp-engineering.com] Sent: Monday,June 04, 2018 1:24 PM To:Tim Padalino<tpadalino@albemarle.org> Subject: Hogwaller Updated Proffer Statement(06-04-18) Hi Tim, Please find an updated proffer statement for Hogwaller ZMA 2017-00007. Please let me know your revisions at your earliest convenience. Thanks Tim! • Best, Kelsey