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Home My WebLink AboutZMA201900002 Correspondence 2019-10-31David Benish From: Sent: To: Cc: Subject: Thanks, Andy. Pete ffYE c: 14A IS Peter J. Caramanis Pcaramants@rc.law Royer Caramanis PLC 200-C Garrett St, Charlottesville, VA 22902 (434) 260-8767, x302 (434) 710-4061 Fax Pete Caramanis <pcaramanis@rc.law> Tuesday, September 17, 2019 3:38 PM Andy Herrick David Benish Re: ZMA201900002 -- HTC Area A-' Transit Proffer u� y Best From: Andy Herrick <aherrick@albemarle.org> Sent: Tuesday, September 17, 2019 3:36 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: David Benish <DBENISH@albemarle.org> Subject: RE: ZMA201900002 -- HTC Area A-1 Transit Proffer Pete, 'Thanks for your message. Because David Benish was included on your withdrawal request, we will consider the request duly submitted pursuant to County Code § 18-33.54(A) (1). Pursuant to County Code § 18- 33.54(A)(3), the application will not be further processed or reviewed by County staff, nor acted on by the Commission or the Board. Thanks. 1 Andy Herrick Deputy County Attorney County of A1beniarle (434) 972-4067 Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Pete Caramanis <pcaramanis@rc.law> Sent: Tuesday, September 17, 2019 2:28 PM To: Board of Supervisors members <bos@albemarle.org> Cc: Andy Herrick <aherrick@aibemarle.org>; David Benish <DBENISH@albemarle.org> Subject: ZMA201900002 -- HTC Area A-1 Transit Proffer All, Please see attached correspondence. Thank you. Pete ROY E CARAMANIS Peter J. Caramanis pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434)710-4061 Fax .yr . Enos M-1 �t ta��t�t 2 ��r RoER IL CARAMANIS Peter J. Caramanis pcaramaniscarc.law 200-C Garrett Street Charlottesville, VA 22902 (434) 260-8767 F: Fax (434) 710-4061 COLLISON F. ROYER PETER J. CARAMANIS JESSICA F. PHILLIPS September 17, 2019 ERNEsTA. HARPER RUSSELRUSE SHANN N.. MOR Albemarle CountyBoard of Supervisors SHANNON T. MORGAN p Via Email -- boso-albemarle.or SHELLIE S. TAYLOR TAYLOR R. ODOM SAMANTHA V. RICCI RE: Hollymead Town Center, Area A-1 Transit Proffer Amendment ZMA201900002 Dear Members of the Board: As you know, the above -referenced application is on your agenda for September 18, 2019, You further know that this matter has been discussed for many, many months — sadly, without any progress toward resolution. While the applicant has made varied proposals, the County has not been receptive toward any of the proposals or engaged substantively to make any suggestions for a path to resolution. From the applicant's perspective, it seems the County is giving zero consideration to the applicant's legal challenge and considering the full amount of the $500,000 proffer as "money in the bank," For that reason, the County is making the overly simplistic analysis that "more money is better than less money," without giving any thought about or weight to any past analysis of this issue (when the Planning Commission supported a 50% reduction in the proffer) or to any changes in circumstance (including reduced development density, significantly increased traffic capacity through other proffered improvements, and the like). Accordingly, despite significant effort and cost to work toward a solution, the applicant finds itself back at square one, facing a Board meeting with a staff report that notes zero factors supporting the proposal and facing certain Board members who have shown personal animus toward Mr. Wood. You may recall the last time this applicant came before the Board of Supervisors to discuss this issue. There were various statements made at that meeting by Board members which showed a lack of understanding of the arguments being made both in the application and in the pending legal matter, and even a lack of understanding that the applicant and not the County had initiated the legal proceedings. Despite that lack of understanding, there was no lack of conviction or commitment by certain Board members to disparage the applicant and delegitimize the applicant's efforts toward resolution. To avoid a repeat of that terrible experience, and to preserve the applicant's right, without restriction, to file another proffer amendment application if it desires in the coming months, on behalf of the applicant, I hereby withdraw the above -referenced application. We understand from past dealings that this will likely be spun as "time wasting" on the applicant's part, but it has become evidently clear that the County is not willing to entertain any proposal to resolve these matters until the Court weighs in on the situation to affirm or deny the County's "money in the bank" assumption. So, sadly, we will either need to wait for the Court to do so or hope that someone in County administration will open up to the idea of engaging in conversation to find a mutually agreeable resolution to these issues that avoids Iitigation. I have said several times before how frustrating this process has been, particularly because I firmly believe that if the parties had sincerely engaged each other early in this process when we first explained our disagreement over the application of the proffers (before the JAUNT route was even approved), all of this could have been avoided. I believe it could still be avoided, but based on the County's posture at this point, it seems that nothing can proceed without a Court ruling, so we will avoid the anticipated public lashing in the interim on Wednesday by withdrawing the pending application. We do want to thank staff, who despite being part of this frustrating process, have been courteous in our interaction and have been willing to at least meet and listen, even though, for whatever reason, they are unable to offer any substantive feedback or suggestion from decision - makers within the County, Very truly yours, Peter J. aramanis Cc: (by email) Andrew Herrick, Esq. David Benish Client FEE ROY}� IR Page 2 of 2 CARAMANIS