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HomeMy WebLinkAboutZMA202000007 Correspondence 2020-09-24From: Long, Valerie <vlong@williamsmullen.com> Sent: Thursday, September 24, 2020 5:28 PM To: Andy Reitelbach; Megan Nedostup Cc: Alvis, Charles Subject: RST Residences (ZMA 2020-07) FW: Follow up - Route 29 and Ashwood Boulevard, Albemarle County [IWOV-IWOVRIC.FID2066722] CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Andy and Megan: Thanks again for your time and very helpful feedback and guidance on the issues we discussed today, we really appreciate it. Below is the email from Adam Moore that we referenced. Valerie Valerie Long Williams Mullen 434-951-5709 From: Alvis, Charles <calvis@williamsmullen.com> Sent: Tuesday, September 22, 202011:48 AM To: Long, Valerie <vlong@williamsmullen.com> Subject: FW: Follow up - Route 29 and Ashwood Boulevard, Albemarle County [IWOV- IWOVRIC.FID2066722] Please see below —good news. Charlie x5725 From: Moore, Adam <adam.moore@vdot.virginia.gov> Sent: Tuesday, September 22, 202010:53 AM To: Alvis, Charles <calvis@williamsmullen.com> Cc: willis.bedsaul@vdot.virginia.gov Subject: Re: FW: Follow up - Route 29 and Ashwood Boulevard, Albemarle County [IWOV- IWOVRIC.FID2066722] Hi Charlie, I had some more correspondence with Kim. Basically we're going to treat that reserved strip like right of way. It should be labeled on plans as "future right of way". I can issue a permit to cross it for an entrance. Adam J. Moore, P.E. I Assistant Resident Engineer — Land Use VDOT - Charlottesville Residency 701 VDOT Way I Charlottesville I VA office 434.422.9782 On Tue, Sep 22, 2020 at 10:26 AM Alvis, Charles <calvis@williamsmullen.com> wrote: Good morning Adam, I wondered if you might have an update on the question we discussed last week, regarding whether it is possible to obtain an access permit over the strip of land along Ashwood Blvd., assuming that the strip is owned by the Commonwealth as opposed to right-of-way land. In following up on some other outreach made by our team, I was connected to Willis this morning and we discussed the issue as well. I know there may be more analysis to be done regarding the specifics of the strip of land along Ashwood Blvd., but in the meantime I am hoping to get back to my client with a more generic answer as to whether the Commonwealth land vs. right-of-way land distinction matters for purposes of obtaining an access permit. If the distinction does matter, it would be very helpful for my client to have a better understanding of whether (i) an access permit over Commonwealth land is impossible to obtain; (ii) an access permit over Commonwealth land can be obtained, but it is more difficult and/or time-consuming to obtain than an access permit over right of way land; and (iii) what, if anything, can be done during the rezoning of the property to begin work on obtaining the access permit. The key question for us at this stage is whether an access permit is simply not possible over Commonwealth land. If you are able to provide an insight on that point specifically, we would be grateful. Please feel free to give me a call to discuss. Thanks again for your help on this question. Charlie Charles B. Alvis I Attorney I Williams Mullen 321 East Main St. Suite 400 1 Charlottesville, VA 22902-3200 T 434.951.5725 1 C 662.322.3813 1 F 434.817.0977 1 calvisCalwilliamsmullen.com I www.williamsmullen.com NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attomey-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.