HomeMy WebLinkAboutSDP201900017 Correspondence Major Amendment, Final Site Plan2019-11-19Tim Padalino
From:
George Ray <georgerayjr@gmail.com>
Sent:
Tuesday, November 19, 2019 10:42 AM
To:
Tim Padalino
Subject:
Re: Willow Glen
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open
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Hi Tim. Please be advised that we are officially withdrawing our application for any further Albemarle County action on
the future development at Willow Glen. I am hugely disappointed to have to abandon our plans but the project is no
longer financially viable for us after our inability to be granted any relief from the onerous cash proffers proposed to be
levied against the development. Thanks, George Ray
On Tue, Nov 19, 2019 at 10:13 AM Tim Padalino <tpadalino@albemarle.org> wrote:
Hello George, Steve, and Valerie ---
I'm also writing to follow up with each of you (in your roles as Owner, Applicant, and Primary Contact) regarding
the Willow Glen project, in response to Matt's message (below) and in response to the email update from Lori
Schweller (attached, sent yesterday to Deputy County Attorney Andy Herrick).
When you are able, will you please provide an update on the status of the following Willow Glen applications that
are currently under review by the County? Specifically, I'm inquiring if these are to remain "under review" or not
(i.e. if the application status is to be officially changed to "withdrawn").
• Major Site Plan Amendment SDP201900017
• Final Plat SUB201900132
• Road Plan Amendment SUB201400115
• WPO Plan Amendment WP0201900011
• Proffer Amendment ZMA201800004
Thank you in advance for clarifying/confirming; and as always, please let me know if you have any questions or
requests for assistance.
Thanks again - - -
Tim Padalino 1 (434)-296-5832 x 3088
From: Matthew Wentland <mwentland@albemarle.org>
Sent: Tuesday, November 19, 2019 9:25 AM
To: Steve Edwards <steve@edwardsdesignstudio.com>
Cc: Tim Padalino <tpadalino@albemarle.org>
Subject: Willow Glen
Steve,
I sent some draft deeds to the Attorneys and I heard that George was stopping work on Willow Glen. Should we stop or
continue review on the final plat that we have in and the deed preparations? We're not currently reviewing the road
plan or the site plan.
Thanks,
Matt Wentland, PE
Civil Engineer II
---------- Forwarded message ----------
From: "Schweller, Lori" <Ischweller@williamsmullen.com>
To: Andy Herrick <aherrick@albemarle.org>
Cc: Tim Padalino <tpadalino@albemarle.org>
Bcc:
Date: Mon, 18 Nov 2019 22:56:02 +0000
Subject: RE: Willow Glen Final Plat (deeds/instruments) [IWOV-IWOVRIC.FID2079856]
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Andy,
Thanks for your response. I've learned that, sadly, the developer is going to have to stop work on this project because
it will not be financially feasible given the extremely high proffer obligation and unit losses required by site planning.
Therefore, we will not be resubmitting or responding to the below.
Thanks again,
Lori
J. Lori H. Schweller I Attorney I Williams Mullen
321 East Main St. Suite 400 1 Charlottesville, VA 22902-3200
T 434.951.5728 1 C 804.248.8700 1 F 434.817.0977 1 Ischweller@williamsmullen.com I www.williamsmullen.com
NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney -client privilege and work product
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From: Andy Herrick <aherrick@albemarle.org>
Sent: Monday, November 18, 2019 11:58 AM
To: Schweller, Lori <Ichweller@williamsmullen.com>
Cc: Tim Padalino <tpadalino@albemarle.org>
Subject: RE: Willow Glen Final Plat (deeds/instruments) [IWOV-IWOVRIC.FID2079856]
Lori,
Thanks for your message. For private improvements to be approved, there must be an instrument
(whether a private road maintenance agreement or an HOA declaration) that meets the requirements of County
Code § 14-317.
I understand that in this situation, one homeowner is unlikely to bring an action against another
homeowner to cover the cost of the private improvements. However, under County Code § 14-317, either the
HOA declaration or a separate private road maintenance agreement would still need to address items 6 and 7
below.
Could you point me to the specific HOA declaration provisions that address: