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HomeMy WebLinkAboutSUB202100062 Correspondence 2021-07-02Kevin McCollum From: Kevin McCollum Sent: Wednesday, June 30, 2021 10:57 AM To: Gwen Lacy Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Great, thank you. I will arrange to have them signed as soon as I can Kevin From: Gwen Lacy <gwen@raysurveying.com> Sent: Wednesday, June 30, 2021 10:26 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Marty Weiner <marty@yityat.com>; Shannon Weiner <skweiner@gmail.com>; croyer@rc.law; pwilliams@rc.law Subject: Re: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement 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. Good morning Kevin, We have obtained the owners notarized signatures and are delivering the plats to the county for signature this morning. Please let us know when they have been signed and are ready for pick up. Thanks! Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. Land Surveying - Land Planning 663 Berkmar Court Charlottesville, Virginia 22901 (434) 293-3195 rays urveying.com From: Kevin McCollum Sent: Friday, June 11, 2021 10:42 AM To: Brian Ray; Gwen Lacy Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning, See Scott's email below. This Plat is ready for final submittal for signatures. Please submit two (2) hard copies of the Plat to the Community Development Department for final approval. Thanks so much. Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 From: Scott Clark <Sclark@albemarle.ore> Sent: Friday, June 11, 2021 10:38 AM To: Kevin McCollum <kmccollum@albemarle.ore> Cc: Cameron Langille <blaneille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Just wanted to let you know that, at last evening's meeting, the ACEA voted to find that this proposed BLA is consistent with the terms of the easement. From the easement perspective, the plat can now go on to approval. --Scott Kevin McCollum From: Gwen Lacy <gwen@raysurveying.com> Sent: Wednesday, June 30, 2021 10:26 AM To: Kevin McCollum Cc: Marty Weiner, Shannon Weiner, croyer@rc.law; pwilliams@rc.law Subject: Re: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement 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. Good morning Kevin, We have obtained the owners notarized signatures and are delivering the plats to the county for signature this morning. Please let us know when they have been signed and are ready for pick up. Thanks! Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. Land Surveying - Land Planning 663 Berkmar Court Charlottesville, Virginia 22901 (434) 293-3195 rays urveying.com From: Kevin McCollum Sent: Friday, June 11, 2021 10:42 AM To: Brian Ray; Gwen Lacy Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning, See Scott's email below. This Plat is ready for final submittal for signatures. Please submit two (2) hard copies of the Plat to the Community Development Department for final approval. Thanks so much. Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 From: Scott Clark <Sclark@albemarle.org> Sent: Friday, June 11, 2021 10:38 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Just wanted to let you know that, at last evening's meeting, the ACEA voted to find that this proposed BLA is consistent with the terms of the easement. From the easement perspective, the plat can now go on to approval. --Scott Kevin McCollum From: Kevin McCollum Sent: Friday, June 11, 2021 10:43 AM To: Brian Ray, Gwen Lacy Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning, See Scott's email below. This Plat is ready for final submittal for signatures. Please submit two (2) hard copies of the Plat to the Community Development Department for final approval. Thanks so much. Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 From: Scott Clark <Sclark@albemarle.org> Sent: Friday, June 11, 2021 10:38 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Just wanted to let you know that, at last evening's meeting, the ACEA voted to find that this proposed BLA is consistent with the terms of the easement. From the easement perspective, the plat can now go on to approval. --Scott Kevin McCollum From: Scott Clark Sent: Friday, June 11, 2021 10:38 AM To: Kevin McCollum Cc: Cameron Langille Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Just wanted to let you know that, at last evening's meeting, the ACEA voted to find that this proposed BLA is consistent with the terms of the easement. From the easement perspective, the plat can now go on to approval. --Scott Kevin McCollum From: Brian Ray <brian@raysurveying.com> Sent: Monday, May 24, 2021 7:45 AM To: Kevin McCollum; Gwen Lacy Subject: Re: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement 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. Hi Kevin, Thanks for the comments and extra information. I contacted the Weiners and they are fine with the extension. Let me know if you need anything else in the mean time. Brian Ray, L.S. Roger W. Ray & Associates, Inc. 663 Berkmar Court Charlottesville, VA 22901 434-293-3195 tel. 434-293-4202 fax brian@raysurveying.com From: Kevin McCollum Sent: Friday, May 21, 2021 11:42 AM To: Gwen Lacy; Brian Ray Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning, Please see the attached comments for SUB202100062 ZACHARY WEINERSMITH & KELLY LYNNE WEINERSMITH AND MARTIN & SHANNON WEINER - BLA- DIGITAL. Planning and Engineering currently have no objection to this Plat but we need ACEA approval prior to approving this Plat. Attached are a string of emails that discuss this a bit further. I have also discussed this matter with the Planning division since the next ACEA meeting date is 6/10/2021 and the 60 day deadline for action on this Plat is 5/4/2021. Planning Staff have advised me that with your permission we can extend the deadline for action on this Plat until the ACEA has a chance to have their meeting. Please let me know if you have any questions or objections to this. Thanks so much. Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 From: Scott Clark <Sclark@albemarle.org> Sent: Friday, May 21, 2021 10:47 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Sorry, I meant to get back to you sooner on this, but lost track of it while I was out sick. They ran out of time to finish the discussion on this item, because the previous item took almost the entire meeting. So, for now, you can just tell the applicants that this is the only remaining issue before we can sign. I'll put it on the ACEA agenda again for June 10 (the next meeting). --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Friday, May 21, 20219:22 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, Did the ACEA ever make any comments on or approve SUB202100062? I believe that is the only outstanding issue/comment I have regarding this Plat. Thanks, Kevin From: Scott Clark <Sclark@albemarle.org> Sent: Thursday, May 6, 2021 11:40 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement OK —thanks! I'll have to update you early next week. If the meeting ends up getting cancelled, we can just let the applicants know that we can't sign the plat until the ACEA approval happens. That mostly likely won't require a resubmittal of the plat — just a confirmation from me to you that the approval has been issued. --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, May 6, 2021 10:45 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement The submittal date in County View is listed as April 5, 2021. 60 days from then would be Friday, June 4, 2021. 1 have no outstanding Planning comments, and Engineering has already provided no objection, so this ACEA approval is the only thing pending on this application. Kevin From: Scott Clark <Sclark@albemarle.org> Sent: Thursday, May 6, 2021 10:13 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Kevin — could you please let me know as soon as you can what your deadline is to respond on this plat? I'm not sure at the moment if the May ACEA meeting is going to happen, so I need to figure out if we can just get the ACEA response in time for your comments, or if we should send comments saying that ACEA approval will be needed before signing. This also affects our decision about scheduling the meeting. Thanks! --Scott From: Richard DeLoria <rdeloria@albemarle.org> Sent: Monday, May 3, 2021 2:31 PM To: Scott Clark <Sclark@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement I'm comfortable with administrative written approval on the County's behalf But separate approval is needed from the ACEA also. Reading the BLA paragraph as a whole, I feel the ACEA's approval must be in writing also unless this can be reclassified as a subdivision. Can an internal BLA be merged into a subdivision such that it becomes by right under the Easement? That's effectively what's happening. I agree the adjustment is consistent with the subdivision language and does not otherwise affect conservation values or other aspects of the easement, so approval would be mandatory. Can we put this on the agenda for the 13th? Consent agenda? Richie Richard A. DeLoria Senior Assistant County Attorney Albemarle County County Attorneys Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 434.972.4067 x3133 (Office) 434.872.4549 (Desk) 434.972.4068 (Fax) rdeloria@albemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.org> Sent: Monday, May 3, 20219:34 AM To: Richard DeLoria <rdeloria@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Hi, Richie— Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." I don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 10 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 11 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 12 Kevin McCollum From: Kevin McCollum Sent: Friday, May 21, 2021 11:43 AM To: Gwen Lacy, Brian Ray Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Attachments: SUB202100062 Weinersmith BLA Review Comments 5-21-2021.pdf Good Morning, Please see the attached comments for SUB202100062 ZACHARY WEINERSMITH & KELLY LYNNE WEINERSMITH AND MARTIN & SHANNON WEINER - BLA- DIGITAL. Planning and Engineering currently have no objection to this Plat but we need ACEA approval prior to approving this Plat. Attached are a string of emails that discuss this a bit further. I have also discussed this matter with the Planning division since the next ACEA meeting date is 6/10/2021 and the 60 day deadline for action on this Plat is 5/4/2021. Planning Staff have advised me that with your permission we can extend the deadline for action on this Plat until the ACEA has a chance to have their meeting. Please let me know if you have any questions or objections to this. Thanks so much. Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 From: Scott Clark <Sclark@albemarle.org> Sent: Friday, May 21, 2021 10:47 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Sorry, I meant to get back to you sooner on this, but lost track of it while I was out sick. They ran out of time to finish the discussion on this item, because the previous item took almost the entire meeting. So, for now, you can just tell the applicants that this is the only remaining issue before we can sign. I'll put it on the ACEA agenda again for June 10 (the next meeting). --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Friday, May 21, 20219:22 AM To: Scott Clark <Sclark@albemarle.ors> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, Did the ACEA ever make any comments on or approve SUB202100062? I believe that is the only outstanding issue/comment I have regarding this Plat. Thanks, 13 Kevin From: Scott Clark <Sclark@albemarle.org> Sent: Thursday, May 6, 2021 11:40 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement OK —thanks! I'll have to update you early next week. If the meeting ends up getting cancelled, we can just let the applicants know that we can't sign the plat until the ACEA approval happens. That mostly likely won't require a resubmittal of the plat — just a confirmation from me to you that the approval has been issued. --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, May 6, 2021 10:45 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement The submittal date in County View is listed as April 5, 2021. 60 days from then would be Friday, June 4, 2021. 1 have no outstanding Planning comments, and Engineering has already provided no objection, so this ACEA approval is the only thing pending on this application. Kevin From: Scott Clark <Sclark@albemarle.org> Sent: Thursday, May 6, 2021 10:13 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Kevin — could you please let me know as soon as you can what your deadline is to respond on this plat? I'm not sure at the moment if the May ACEA meeting is going to happen, so I need to figure out if we can just get the ACEA response in time for your comments, or if we should send comments saying that ACEA approval will be needed before signing. This also affects our decision about scheduling the meeting. Thanks! --Scott From: Richard DeLoria <rdeloria@albemarle.org> Sent: Monday, May 3, 2021 2:31 PM To: Scott Clark <Sclark@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement 14 I'm comfortable with administrative written approval on the County's behalf But separate approval is needed from the ACEA also. Reading the BLA paragraph as a whole, I feel the ACEA's approval must be in writing also unless this can be reclassified as a subdivision. Can an internal BLA be merged into a subdivision such that it becomes by right under the Easement? That's effectively what's happening. I agree the adjustment is consistent with the subdivision language and does not otherwise affect conservation values or other aspects of the easement, so approval would be mandatory. Can we put this on the agenda for the 13th? Consent agenda? Richie Richard A. DeLoria Senior Assistant County Attorney Albemarle County County Attorneys Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 434.972.4067 x3133 (Office) 434.872.4549 (Desk) 434.972.4068 (Fax) rdeloria(ibalbemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.ore> Sent: Monday, May 3, 20219:34 AM To: Richard DeLoria <rdeloria@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blansille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Hi, Richie— Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." 15 don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.ors> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blaneille@albemarle.org> Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 16 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 17 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 18 Kevin McCollum From: Scott Clark Sent: Friday, May 21, 2021 10:47 AM To: Kevin McCollum Cc: Cameron Langille Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Sorry, I meant to get back to you sooner on this, but lost track of it while I was out sick They ran out of time to finish the discussion on this item, because the previous item took almost the entire meeting. So, for now, you can just tell the applicants that this is the only remaining issue before we can sign. I'll put it on the ACEA agenda again for June 10 (the next meeting). --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Friday, May 21, 20219:22 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, Did the ACEA ever make any comments on or approve SUB202100062? I believe that is the only outstanding issue/comment I have regarding this Plat. Thanks, Kevin From: Scott Clark <Sclark@albemarle.org> Sent: Thursday, May 6, 2021 11:40 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement OK —thanks! I'll have to update you early next week. If the meeting ends up getting cancelled, we can just let the applicants know that we can't sign the plat until the ACEA approval happens. That mostly likely won't require a resubmittal of the plat — just a confirmation from me to you that the approval has been issued. --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, May 6, 2021 10:45 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement 19 The submittal date in County View is listed as April 5, 2021. 60 days from then would be Friday, June 4, 2021. 1 have no outstanding Planning comments, and Engineering has already provided no objection, so this ACEA approval is the only thing pending on this application. Kevin From: Scott Clark <Sclark@albemarle.ore> Sent: Thursday, May 6, 2021 10:13 AM To: Kevin McCollum <kmccollum@albemarle.ore> Cc: Cameron Langille <blaneille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Kevin — could you please let me know as soon as you can what your deadline is to respond on this plat? I'm not sure at the moment if the May ACEA meeting is going to happen, so I need to figure out if we can just get the ACEA response in time for your comments, or if we should send comments saying that ACEA approval will be needed before signing. This also affects our decision about scheduling the meeting. Thanks! --Scott From: Richard DeLoria <rdeloria@albemarle.ors> Sent: Monday, May 3, 2021 2:31 PM To: Scott Clark <Sclark@albemarle.ors> Cc: Kevin McCollum <kmccollum@albemarle.ors>; Cameron Langille <blansille@albemarle.ora> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement I'm comfortable with administrative written approval on the County's behalf But separate approval is needed from the ACEA also. Reading the BLA paragraph as a whole, I feel the ACEA's approval must be in writing also unless this can be reclassified as a subdivision. Can an internal BLA be merged into a subdivision such that it becomes by right under the Easement? That's effectively what's happening. I agree the adjustment is consistent with the subdivision language and does not otherwise affect conservation values or other aspects of the easement, so approval would be mandatory. Can we put this on the agenda for the 13th? Consent agenda? Richie Richard A. DeLoria Senior Assistant County Attorney Albemarle Countv County Attorneys Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 20 434.972.4o67 x3133 (Office) 434.872.4549 (Desk) 434.972.4o68 (Fax) rdeloria(ibalbemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.org> Sent: Monday, May 3, 20219:34 AM To: Richard DeLoria <rdeloria@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Hi, Richie— Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." I don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 21 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 22 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 23 Kevin McCollum From: Kevin McCollum Sent: Friday, May 21, 2021 9:22 AM To: Scott Clark Cc: Cameron Langille Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, Did the ACEA ever make any comments on or approve SUB202100062? I believe that is the only outstanding issue/comment I have regarding this Plat. Thanks, Kevin From: Scott Clark <Sclark@albemarle.org> Sent: Thursday, May 6, 2021 11:40 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement OK —thanks! I'll have to update you early next week. If the meeting ends up getting cancelled, we can just let the applicants know that we can't sign the plat until the ACEA approval happens. That mostly likely won't require a resubmittal of the plat — just a confirmation from me to you that the approval has been issued. --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, May 6, 2021 10:45 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLATMP 19-1, 19-1G, 19-4 ACE Conservation Easement The submittal date in County View is listed as April 5, 2021. 60 days from then would be Friday, June 4, 2021. 1 have no outstanding Planning comments, and Engineering has already provided no objection, so this ACEA approval is the only thing pending on this application. Kevin From: Scott Clark <Sclark@albemarle.org> Sent: Thursday, May 6, 2021 10:13 AM To: Kevin McCollum <kmccollum@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 194G, 19-4 ACE Conservation Easement 24 Kevin — could you please let me know as soon as you can what your deadline is to respond on this plat? I'm not sure at the moment if the May ACEA meeting is going to happen, so I need to figure out if we can just get the ACEA response in time for your comments, or if we should send comments saying that ACEA approval will be needed before signing. This also affects our decision about scheduling the meeting. Thanks! --Scott From: Richard DeLoria <rdeloria@albemarle.org> Sent: Monday, May 3, 2021 2:31 PM To: Scott Clark <Sclark@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement I'm comfortable with administrative written approval on the County's behalf But separate approval is needed from the ACEA also. Reading the BLA paragraph as a whole, I feel the ACEA's approval must be in writing also unless this can be reclassified as a subdivision. Can an internal BLA be merged into a subdivision such that it becomes by right under the Easement? That's effectively what's happening. I agree the adjustment is consistent with the subdivision language and does not otherwise affect conservation values or other aspects of the easement, so approval would be mandatory. Can we put this on the agenda for the 13th? Consent agenda? Richie Richard A. DeLoria Senior Assistant County Attorney Albemarle County County Attorne. s Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 434.972.4067 x3133 (Office) 434.872.4549 (Desk) 434.972.4068 (Fax) rdeloria(&albemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.org> Sent: Monday, May 3, 20219:34 AM To: Richard DeLoria <rdeloria@albemarle.org> 25 Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.ore> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Hi, Richie— Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." I don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.ors> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.ors> Cc: Cameron Langille <blaneille@albemarle.ore> Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 26 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 27 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 28 Kevin McCollum From: Scott Clark Sent: Thursday, May 6, 2021 11:40 AM To: Kevin McCollum Cc: Cameron Langille Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement OK —thanks! I'll have to update you early next week. If the meeting ends up getting cancelled, we can just let the applicants know that we can't sign the plat until the ACEA approval happens. That mostly likely won't require a resubmittal of the plat — just a confirmation from me to you that the approval has been issued. --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, May 6, 2021 10:45 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement The submittal date in County View is listed as April 5, 2021. 60 days from then would be Friday, June 4, 2021. 1 have no outstanding Planning comments, and Engineering has already provided no objection, so this ACEA approval is the only thing pending on this application. Kevin From: Scott Clark <Sclark@albemarle.ore> Sent: Thursday, May 6, 2021 10:13 AM To: Kevin McCollum <kmccollum@albemarle.ore> Cc: Cameron Langille <blaneille@albemarle.ore> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Kevin — could you please let me know as soon as you can what your deadline is to respond on this plat? I'm not sure at the moment if the May ACEA meeting is going to happen, so I need to figure out if we can just get the ACEA response in time for your comments, or if we should send comments saying that ACEA approval will be needed before signing. This also affects our decision about scheduling the meeting. Thanks! --Scott From: Richard DeLoria <rdeloria@albemarle.ors> Sent: Monday, May 3, 2021 2:31 PM To: Scott Clark <Sclark@albemarle.ors> 29 Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.ore> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement I'm comfortable with administrative written approval on the County's behalf But separate approval is needed from the ACEA also. Reading the BLA paragraph as a whole, I feel the ACEA's approval must be in writing also unless this can be reclassified as a subdivision. Can an internal BLA be merged into a subdivision such that it becomes by right under the Easement? That's effectively what's happening. I agree the adjustment is consistent with the subdivision language and does not otherwise affect conservation values or other aspects of the easement, so approval would be mandatory. Can we put this on the agenda for the 13th? Consent agenda? Richie Richard A. DeLoria Senior Assistant County Attorney Albemarle County County Attorneys Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 434.972.4o67 x3133 (Office) 434.872.4549 (Desk) 434.972.4o68 (Fax) rdeloria(ibalbemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.ore> Sent: Monday, May 3, 20219:34 AM To: Richard DeLoria <rdeloria@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.ors>; Cameron Langille <blansille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Hi, Richie— Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. 30 Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." I don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 31 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 32 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 33 Kevin McCollum From: Scott Clark Sent: Thursday, May 6, 2021 10:13 AM To: Kevin McCollum Cc: Cameron Langille Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Kevin — could you please let me know as soon as you can what your deadline is to respond on this plat? I'm not sure at the moment if the May ACEA meeting is going to happen, so I need to figure out if we can just get the ACEA response in time for your comments, or if we should send comments saying that ACEA approval will be needed before signing. This also affects our decision about scheduling the meeting. Thanks! --Scott From: Richard DeLoria <rdeloria@albemarle.org> Sent: Monday, May 3, 2021 2:31 PM To: Scott Clark <Sclark@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement I'm comfortable with administrative written approval on the County's behalf But separate approval is needed from the ACEA also. Reading the BLA paragraph as a whole, I feel the ACEA's approval must be in writing also unless this can be reclassified as a subdivision. Can an internal BLA be merged into a subdivision such that it becomes by right under the Easement? That's effectively what's happening. I agree the adjustment is consistent with the subdivision language and does not otherwise affect conservation values or other aspects of the easement, so approval would be mandatory. Can we put this on the agenda for the 13th? Consent agenda? Richie Richard A. DeLoria Senior Assistant County Attorney Albemarle County Countv Attornev's Office 401 McIntire Road, Suite 325, 434.972.4067 x3133 (Office) 434.872.4549 (Desk) Charlottesville, Virginia 22902 34 434.972.4o68 (Fax) rdeloriaPalbemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.org> Sent: Monday, May 3, 20219:34 AM To: Richard DeLoria <rdeloria@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Hi, Richie— Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." I don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: SUB202100062 Weinersmith BLATMP 19-1,194G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 35 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 36 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 37 Kevin McCollum From: Richard DeLoria Sent: Monday, May 3, 2021 2:31 PM To: Scott Clark Cc: Kevin McCollum; Cameron Langille Subject: RE: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement I'm comfortable with administrative written approval on the County's behalf But separate approval is needed from the ACEA also. Reading the BLA paragraph as a whole, I feel the ACEA's approval must be in writing also unless this can be reclassified as a subdivision. Can an internal BLA be merged into a subdivision such that it becomes by right under the Easement? That's effectively what's happening. I agree the adjustment is consistent with the subdivision language and does not otherwise affect conservation values or other aspects of the easement, so approval would be mandatory. Can we put this on the agenda for the 13th? Consent agenda? Richie Richard A. DeLoria Senior Assistant County Attorney Albemarle County County Attorneys Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 434.972.4067 x3133 (Office) 434.872.4549 (Desk) 434.972.4068 (Fax) rdeloriaPalbemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Scott Clark <Sclark@albemarle.org> Sent: Monday, May 3, 2021 9:34 AM To: Richard DeLoria <rdeloria@albemarle.org> Cc: Kevin McCollum <kmccollum@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Hi, Richie- 38 Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." I don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.ors> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blaneille@albemarle.org> Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 39 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 40 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 41 Kevin McCollum From: Scott Clark Sent: Monday, May 3, 2021 9:34 AM To: Richard DeLoria Cc: Kevin McCollum; Cameron Langille Subject: FW: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Attachments: SUB202100062 Plat - Submittal (First) 2021-03-29.pdf, LD200700018521.pdf Hi, Richie— Just checking in with you for an interpretation of an ACE easement. The attached plat forwarded by Kevin shows an entirely internal boundary line adjustment. Although this is just a BLA and not a division as addressed in section 2(A)(1) of the deed, the property would remain consistent with the requirement in that section that, if the property is divided into three parcels, two of those parcels must be 100 acres or more. Section 2(A)(2) says that internal BLAB "shall be approved if the adjustment is consistent with the easement." I don't see any restrictions in the deed that relate to the layout of parcel lines, except for 2(A)(1). So the BLA appears to be consistent. Could we go ahead and approve this BLA administratively, perhaps just with a notification e-mail to Jay? Thanks! --Scott From: Kevin McCollum <kmccollum@albemarle.org> Sent: Thursday, April 29, 20219:23 AM To: Scott Clark <Sclark@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 42 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 43 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 MI Kevin McCollum From: Kevin McCollum Sent: Thursday, April 29, 2021 9:23 AM To: Scott Clark Cc: Cameron Langille Subject: SUB202100062 Weinersmith BLA TMP 19-1, 19-1G, 19-4 ACE Conservation Easement Attachments: SUB202100062 Plat - Submittal (First) 2021-03-29.pdf, LD200700018521.pdf Good Morning Scott, I wanted to reach out to you to see if you had any comments on the attached BLA. The proposal is a boundary line adjustment between lots TMP 19-1, 19-1G, and TMP 19-4. These properties are currently in a conservation easement as part of the ACE program (see the attached deed) and I believe this BLA is within the conditions of this easement. Cameron and I have reviewed this plat in detail and don't have any major comments, but we wanted to reach out to you just in case there are any implications of the conservation easement we are overlooking. Thanks so much. 45 F C Q gisweb.albemarle.org/gpv_51/Viewer.aspx# 46 603. 2. USES AND ACTIVITIES. in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1-1700 et seg.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). No use or activity, including any such use or activity expressly authorized herein, shall destroy an identified conservation purpose of this Easement. The Property also shall be subject to the following additional restrictions: A. Division of the Property and boundary line adjustments. The Property may be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of three (3) parcels. For all purposes of this Easement, the Property shall be considered to be one (1) parcel as though the above described parcels are combined into one (1) parcel. The Property may be divided or subdivided into not more than three (3) separate parcels, provided that if the Property is divided into three (3) parcels, two of the three (2 of 3) parcels shall be at least one hundred (100) acres in size. If the Property is divided or subdivided as provided in this paragraph, then each resulting parcel may be sold or conveyed separately. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction, installation, location, placement of structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 47 Kevin McCollum From: Matthew Wentland Sent: Wednesday, April 21, 2021 8:16 AM To: Kevin McCollum Subject: Planning Application Review for SUB202100062 ZACHARY WEINERSMITH & KELLY LYNNE WEINERSMITH AND MARTIN & SHANNON WEINER - BLA - DIGITAL. The Review for the following application has been completed: Application Number = SUB202100062 Reviewer = Matthew Wentland Review Status = No Objection Completed Date = 04/21/2021 This email was sent from County View Production. Kevin, I had no objection, but did include a caveat for future access. No objection, but Engineering would not support new driveways off of Simmons Gap Road in the future, as the lots have an existing deeded access off Estes Lane and additional buffer disturbance would not be approved per 17-604. If access is wanted off Simmons Gap, it is recommended the existing driveway be placed in an easement. 48 Kevin McCollum From: Kevin McCollum Sent: Monday, April 12, 2021 10:58 AM To: John Anderson; Emily Cox; Matthew Wentland; David James Cc: Carla Harris - CDD; Frank Pohl; Cameron Langille Subject: Transmittal SUB202100062 BLA TM 19 Parcels 1, 1G, and 4 Attachments: SUB202100062 Application 2021-03-29.pdf; SUB202100062 Plat - Submittal (First) 2021-03-29.pdf Good Morning, This email is to serve as the transmittal of SUB202100062 ZACHARY WEINERSMITH & KELLY LYNNE WEINERSMITH AND MARTIN & SHANNON WEINER - BLA- DIGITAL. This Boundary Line Adjustment affects three parcels TMP 19-1, TMP 19- 1G, and TMP 19-4. Since there are substantial slopes and WPO buffer on these properties, as well as discrepancies between our GIS WPO buffer layer and the true conditions out in the field as appears on the Plat, we would like Engineering to review this Plat and provide any comments. Please have comments to me by Monday, May 3, 2021 if you can. Thanks and let me know if you have any questions. Kevin McCollum Planner, Certified Zoning Official Community Development Department Planning Division Albemarle County (434) 296-5832 ext. 3141 401 McIntire Rd, Charlottesville VA 22902 49