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Home My WebLink AboutSUB201600003 Correspondence 2017-03-29 Christopher Perez From: Christopher Perez Sent: Wednesday, March 29, 2017 10:41 AM To: 'B_Gillispie@msn.com' Cc: 'tkelsey@woodsrogers.com' Subject: FW: SUB2016-3 Right-of-Way Vacation and BLA Attachments: (Deed of Easement and Maintenance Agreement (TIK v4 after CPP edits)).doc Brian, See my responses below in red. From: brian gillispie [mailto:] Sent:Tuesday, March 28, 2017 12:55 PM To: Kelsey,Timothy<>; Christopher Perez<cperez@albemarle.org> Subject: Re: SUB2016-3 Right-of-Way Vacation and BLA Chris, I forwarded your marked up copy to my attorney and he had some suggestions. 1) He doesn't feel that we should have to build to a standard higher then VDOT standards. It is standard language in our ordinance. Unless the language you're referring too would lessen the standard if it was ok by the county engineer. Yes. I'm also not sure if this language is relevant in the Deed of Easement because we're currently working with you guys on getting this subdivision passed and you guys will have to sign off on the road design anyway. My guidance is predicated on Section 32.7.2.2(a)for site plans, which guides you to Section 14-412 of the County's Subdivision ordinance and the standards for private streets as it is applying to your travelway into the site which serves attached residential units (see below). 32.7.2.2 STREETS AND TRAVELWAYS COMPOSING THE INTERNAL ROAD NETWORK Streets and travelways within a development shall be subject to the following a Minimum design Each public street and travelway within a development shall be designed and constructed to the standards of the Virginia Department of Transportation Each private street and travelway within a development shall be designed and constructed to the standards for private streets in chapter 14 Sec. 14-412 Standards for private streets only. B. Private streets serving non-residential. non-agricultural, attached residential. muhi-unit residential and combined residential and non-residential uses. Each private street authorized to serve non- residential, non-agricultural, attached residential, multi-unit residential and combined residential and non- residential uses under sections 14-232 or 14-233 shall satisfy Virginia Department of Transportation standards or an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer,to be equivalent to or greater than the applicable standard in the design standards manual,so as to adequately protect the public health, safety or welfare. The agent may require minimum travelway widths to provide for on-street parking upon a determination that the provisions for off-street parking may be inadequate to reasonably preclude unauthorized on-street parking. Once the Deed of Easement is signed will this behold me to building a new road regardless of when we start the subdivision? Hmmm, now that is an interesting question, which we can & should pose to the County Attorney when your revisions are submitted. I get your point/concern: like for instance let's pretend your project does not get approved, say you lose interest in this development a year or two from now and no longer seek approval. Does this easement which is being recorded lock you in w/the neighbors to upgrade the road. I believe the answer is no; rather, it is locking down what is permitted in the easement. Notably the County does not enforce private agreements. 2) We added a stipulation under H that reserves the right that any future division of the property will reserve the rights of the Easement Area. This should keep us from having to have Mrs. Koehn and Mrs. Steil from having to sign off on the final plat. Not that I'm trying to hide anything from them, I just don't want to have to keep coming back to them with all kinds of documents to sign. Does this make sense? I don't think this fixes/avoids the issue with you have w/going back to the owners for signature when the easement is inevitably revised to a "private street easement" for frontage purposes which allow division of the lots. My reasoning is, currently this access easement is NOT a private street approved by the County through the subdivision ordinance. This easement is to allow the travelway serving your site plan (townhome lots). In order for this travelway to be modified into a "private street" such a request comes through at the subdivision stage, that's when it gets approved and platted as a private street and when a revised maintenance agreement will be required. But we can & should pose this question to the County Attorney when you submit your revisions. Let me know your thoughts, Brian From: Kelsey, Timothy<tkelsey@woodsrogers.com> Sent: Monday, March 27, 2017 3:21 PM To: brian gillispie Subject: RE: SUB2016-3 Right-of-Way Vacation and BLA Brian: See attached. As discussed I suggest you forward to Mr. Perez with the note that you do not want to be held to standards greater than those imposed by law (VDOT standards) and that you hope to not require the other owners' signatures on any final subdivision plat. Let me know if you have any questions about my edits. You'll see in the part about future division I included "provided all parties are in compliance with this instrument." We can leave that out but I wanted to make it clear to the other owners. Tim Timothy I. Kelsey Woods Rogers PLC 123 East Main Street, 5th Floor I Charlottesville,VA 22902 P (434) 220-6830 I F (434) 220-5687 tkelsey@woodsrogers.com 2 NOTICE.This communication from Woods Rogers PLC,including attachments,if any,is intended as a confidential and privileged communication.If received in error,you should not copy,save or reproduce in any manner or form,but delete immediately and notify the sender. From: brian gillispie [mailto:B Gillispie@msn.com] Sent: Monday, March 27, 2017 2:48 PM To: Kelsey,Timothy Subject: Fw: SUB2016-3 Right-of-Way Vacation and BLA Tim, I forwarded what you sent me to Chris Perez, he's in planning with Albemarle County. He sent me his review of what you've done for us to date. Can you please review his comments and give me a call. 434-531-2117, in case you've lost my number. Brian From:Christopher Perez<cperez@albemarle.org> Sent: Monday, March 27, 2017 12:31 PM To: brian gillispie Subject: RE:SUB2016-3 Right-of-Way Vacation and BLA Brian, I believe you need to revise the attached "joint access easement w/maintenance provisions" document,to provide the appropriate design standards for the improvement within the easement. See my edits in track changes. This is what I believe needs to be in this portion of the document as it relates to the traveiway/access road as depicted in the site plan. Notably, when you go to subdivide the townhome lots both Ms. Koehn & Ms. Steil will need to be party to and sign the final plat and a revised private street maintenance agreement as that plat will modify the platted access easement to a private street (easement). Revise the attached changes. Once you are good with them, send it back and I'll forward all these docs to the County Attorney's office for review. From: brian gillispie [mailto:B Gillispie@msn.com] Sent: Monday, March 27, 2017 11:28 AM To:Christopher Perez<cperez@albemarle.org> Subject: Fw:SUB2016-3 Right-of-WayVacation and BLA Chris, Got this back from my attorney. Can you take a look at what's relevant to the county and make sure its in line with what you were thinking? Thanks, 3 Brian Gillispie From: Kelsey,Timothy<tkelsey@woodsrogers.com> Sent:Tuesday, March 21, 2017 1:47 PM To: brian gillispie Cc: Kindrick, Leslie Subject: RE:SUB2016-3 Right-of-Way Vacation and BLA Brian: See attached,separate Deed of Vacation that will be recorded with the Plat and has the County Approval language. Note that the properties referenced in the plat are not part of a subdivision so I have removed the reference to"subdivision." Let me know if the County has any objection to signing the attached. We will use it to record the plat. Once the Deed of Vacation and Plat is recorded, I do not believe county approval is required on the private road maintenance agreement and I disagree that the document as drafted was inadequate. That said I have added the language per the county template provided. Please re-submit and let me know of further changes. Thank you for your patience. Please let Leslie know if you need an appointment this week. Tim Timothy I. Kelsey Woods Rogers PLC 123 East Maui Street, 5th Floor I Charlottesville,VA 22902 P (434) 220-6830 I F (434) 220-5687 tkelsey@woodsrogers.com NOTICE.This communication from Woods Rogers PLC,including attachments,if any,is intended as a confidential and privileged communication.If received in error,you should not copy,save or reproduce in any manner or form,but delete immediately and notify the sender. From: brian gillispie [mailto:B Gillispie@msn.com] Sent: Friday, March 03, 2017 11:36 AM To: Christopher Perez; Kelsey,Timothy Subject: Re: SUB2016-3 Right-of-Way Vacation and BLA Tim, We got this back from the CA today. Can you please make the required modifications. • Thanks and let me know if you have any questions, Brian 4 From:Christopher Perez<cperez@albemarle.org> Sent: Friday, March 3,2017 10:54 AM To: brian gillispie Subject: Re: SUB2016-3 Right-of-Way Vacation and BLA Brian, Re:SUB2016-3 Right-of-Way Vacation and BLA The County Attorney has provided the following review comments for required revisions to the legal document(s).Also attached are templates for your legal counsel to utilize when revising the document(s). Please assure your legal counsel utilizes the most recently revised plat for labeling and referencing purposes when revising the docs (see attached recently revised plat from Steve Garrett). County Attorney review comments on legal docs 1)The instrument of vacation should be a stand-alone document that does not also incorporate road maintenance requirements. In addition,the interest being vacated is a fee simple interest, not an easement interest.The instrument needs to also identify the plat which is being partially vacated.See attached a sample form. 2)The private road maintenance agreement should be a stand-alone document as well.The terms that were forwarded were deficient for a number of reasons and I-offer two different but similar sample versions of a template that can be modified to fit this proposal. Christopher P. Perez i Senior Planner Department of Community Development I County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 5