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HomeMy WebLinkAboutZMA201600015 Correspondence 2017-01-25 Johnathan Newberry From: Elaine Echols Sent: Wednesday,January 25,2017 9:59 AM To: Johnathan Newberry Subject: Cash'proffer credit Avon Park II: credit for 5 out of 32 16 l° The Lofts: credit for 11 out of 65 17 Y Out of Bounds: credit for 9 out of 56 l a„ Spring Hill Village: credit for 12—100 12...<. Elaine K. Echols, FAICP Chief of Planning Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 434-296-5823 x 3252 1 Johnathan Newberry From: Steve Edwards <steve@edwardsdesignstudio.com> Sent: Friday,January 20, 2017 9:30 AM To: Frank Pohl Cc: Johnathan Newberry; Matthew Wentland;Alan Franklin PE, LLC;George Ray; George Ray Subject: - Re: FW Meeting Thanks Frank and JT for sitting down with us yesterday. Walking away we felt as though the meeting was productive and encouraging. To recap this was our understanding: Since we have an approved siteplan;SWPPP and ES&C we can begin moving dirt and working towards the old scenario just as soon as we request to post our bond. To do this, we first need to complete the bond request application(you to provide) and obtain the owner's signature's correctly. The$29,000 tree bond will be include as a separate line item in our ES&C estimate and can be reduced if the new plan gets adopted in February. This review process takes 2-3 weeks depending on the level of our take-off s in the application. Once the bond has been determined by you. We post it. There are 3 options to choice how to post a bond- 1. cash(whichis the fastest); 2. line of credit(2nd fastest); 3. surety. It's important to note that only the property owner(s) as they are listed on the deed can sign the bond. The contractor or future buyer(s) can not. Following that we will schedule a Pre-Construction Conference with the County and General Contractor. This takes about a week to 10 days. Roughly 6 weeks from submitting our bond request construction can begin. We are estimating that to be the first part of March. The only other thing we will need to tackle, assuming the new siteplan gets approved in February by the BOS, is to amend the above documents and get them approved while we are in review stages of the MSPA. If you would please confirm this (or clarify any misunderstandings)we would appreciate it. Thanks again for helping us better understand and strategize a way to move this project into a reality! Steve Steve Edwards Edwards designStudio 434-531-7507 lc www.edwardsdesignstudio.com On Tue, Jan 17, 2017 at 10:40 AM,Frank Pohl<fpohl@a,albemarle.org>wrote: 1 From:Steve Edwards [mailto:steve@edwardsdesignstudio.com] Sent:Tuesday,January 17,2017 9:48 AM To: Frank Pohl<fpohl@albemarle.org> Cc:Johnathan Newberry<]newberry@albemarle.org>; Matthew Wentland <mwentland@albemarle.org>;Alan Franklin PE, LLC<alan@alanfranklinpe.com> Subject: Re:FW: Meeting Frank, I think its more related to engineering(swppp, swm/esc). No doubt I'm sure we will have to discuss the site in the conversation though. Our goal is to determine the quickest path for us to break ground and get going on the earthwork so we can get our buyer operational. We have an approved site plan, esc, swppp, etc. We hope we can work under these existing approvals and when we submit our major site plan amendment on 2/6 we are being held to the old standards. This meeting will help Alan and our team better understand the objectives. See you Thursday at 3:00. Steve Steve Edwards Edwards designStudio 434-531-7507 lc www.edwardsdesignstudio.com On Tue, Jan 17, 2017 at 8:59 AM, Frank Pohl<fpohl@albemarle.org>wrote: Steve, Is this meeting related to the site plan or is it engineering related Frank 2 • Frank V. Pohl, PE, CFM County Engineer County of Albemarle (434) 296-5832 Ext.7914 From:Steve Edwards [mailto:steve@edwardsdesignstudio.com] Sent: Friday,January 13, 2017 9:32 PM To: Frank Pohl<fpohl@albemarle.org> Cc:Alan Franklin PE, LLC<alan@alanfranklinpe.com> Subject: Re: Meeting Let's do next Thursday(1/19) at 3:00 to discuss Oakleigh(ZMA201600015). JT Newberry is our planner. Our goal is to find ways to expedite this site plan and get us moving as soon as possible so we don't technically have to wait until the MSPA is approved. As a reminder, we already have a VSMP/SWPPP (VAR 10-10-104873 (orig submission) / VAR107174) approved (expiring I believe 6/20/2019). After talking with Mark Graham this week he thought there should be a way for us to expedite the project and get a jump on breaking ground before our MSPA is approved under our existing permit. That's what we want to discuss with you in more detail-that process. Hope that helps. Have a good weekend. Steve Steve Edwards Edwards designStudio 434-531-7507 Ic www.edwardsdesignstudio.com On Fri, Jan 13, 2017 at 4:45 PM, Frank Pohl <fpohl@albemarle.org>wrote: 3 Steve, Please let me know the project name and if 3 or 4 PM next Thursday work for you and Alan. Thanks, - Frank Frank V. Pohl, PE,CFM County Engineer County of Albemarle (434) 296-5832 Ext. 7914 • i Johnathan Newberry From: Johnathan Newberry Sent: Tuesday,January 17, 2017 2:11 PM To: Claudette Borgersen; Marsha Davis Cc: John Blair Subject: RE:Oakleigh Legal Ad Hi Claudette and Marsha, John and I have finalized the legal ad language for ZMA201600015—Oakleigh (see below). It is ready for publication. My apologies for being late. Please let me know if there is anything else I can provide related to the legal ad. Thanks, J.T. Newberry Senior Planner County of Albemarle, Planning Division 434-296-5832, eat. 3270 PROJECT:ZMA201600015 Oakleigh MAGISTERIAL DISTRICT: Rio TAX MAP/PARCEL:045000000026A0 LOCATION: Located on the south side of Rio Road West across from its intersection with Woodburn Road PROPOSAL: Amend previously approved Proffers,Code of Development and Application Plan to allow a 140-bed assisted living facility on the rear half of the site.The amended plan also seeks to allow the site to develop according to the existing approved Application Plan with a revised Code of Development and Proffers. PETITION: Rezone 8.82 acres from Neighborhood Model district which allows residential uses mixed with commercial, service and industrial uses at a density of 3-34 units per acre to Neighborhood Model district which allows residential uses mixed with commercial,service and industrial uses at a density of 3-34 units per acre.This request seeks to amend the Code of Development to add a 140-bed assisted living facility in Blocks III, IV or V of a revised Application Plan ("Scenario A"),which would reduce the total maximum dwelling units from 109 units at a density of 12.3 units per acre to 22 units at a density of 2.5 units per acre.This request also seeks to preserve the ability to develop under the existing approved Application Plan that proposes a maximum of 109 dwelling units at 12.3 units per acre ("Scenario B"). Under either Application Plan,the request seeks to expand the areas available for permitted uses listed in the Code of Development by allowing them in additional blocks within the development,except that department store,fast food restaurant, indoor theater and outdoor amphitheater uses would no longer be permitted. Both Application Plans seek to amend Proffers#1 and 2 as follows:amend Proffer#1 to provide$23,805.30 cash per required affordable housing unit to meet the 15%Affordable Housing Requirement after the certificate of occupancy is issued for the 52nd dwelling unit (the existing proffer requires constructing 7.5%of total required affordable housing units and providing$19,100 cash in lieu of the remaining 7.5% required affordable housing units); amend Proffer#2 to reduce cash proffers from$17,500 to$7,333.18 for each single-family detached dwelling,from $11,900 to$5,447.57 for each single-family attached dwelling that is not an affordable dwelling unit,and from$12,400 to$7,419.91 for each multi-family dwelling unit that is not an affordable housing unit. Under Scenario A, amend Proffer#4 to reduce the number of trees preserved from 39 trees to 13 trees and reduce the required bonding for preserved trees from$29,000 to$13,000. OVERLAYS: Entrance Corridor(EC),Steep Slopes(Managed) and Airport Impact Area (AIA) PROFFERS:Yes COMPREHENSIVE PLAN: Urban Density Residential-residential (6.01—34 units/acre);supporting uses such as religious institutions,schools,commercial,office and service uses and Urban Mixed Use (in Centers);supporting uses such as 1 retail, residential,commercial,employment, office, institutional,and open space in Neighborhood 1 of the Places29 Master Plan. From:John Blair Sent:Tuesday,January 17, 2017 1:39 PM To:Johnathan Newberry<jnewberry@albemarle.org> Cc: Marsha Davis<MDavis02@albemarle.org> Subject: RE:Oakleigh Legal Ad J . T . I have attached a few minor changes to your proposed ad . If the changes are acceptable , please email Marsha Davis (who is copied on this email ) that the attached ad is ready for publication . Thanks , John C. Blair, II Deputy County Attorney Albemarle County, Virginia This message and its attachments are confidential and may be protected by the attorney/client privilege. If you are not the named addressee or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Please notify the sender immediately by e-mail and delete and destroy this message and its attachments. 2 PROJECT: ZMA201600015 Oakleigh MAGISTERIAL DISTRICT: Rio TAX MAP/PARCEL:045000000026A0 LOCATION: Located on the south side of Rio Road West across from its intersection with Woodburn Road PROPOSAL: Amend previously approved Proffers,Code of Development and Application Plan to allow a 140-bed - assisted living facility on the rear half of the site.The amended plan also seeks to allow the site to develop according to the existing approved Application Plan with a revised Code of Development and Proffers. PETITION: Rezone 8.82 acres from Neighborhood Model district which allows residential uses mixed with commercial, service and industrial uses at a density of 3-34 units per acre'to Neighborhood Model district which allows residential uses mixed with commercial,service and industrial uses at a density of 3-34 units per acre.This request seeks to amend the Code of Development to add a 140-bed assisted living facility in Blocks III, IV or V of a revised Application Plan ("Scenario A"),which would reduce the total maximum dwelling units from 109 units at a density of 12.3 units per acre to 22 units at a density of 2.5 units per acre.This request also seeks to preserve,the ability to develop under the existing approved Application Plan that proposes a maximum of 109 dwelling units at 12.3 units per acre("Scenario B"). Under either Application Plan,the request seeks to expand the areas available for permitted uses listed in the Code of Development by allowing them in additional blocks within the development,except that department store,fast food restaurant, indoor theater and outdoor amphitheater uses would no longer be permitted. Both Application Plans seek to amend Proffers#1 and 2 as follows: amend Proffer#1 to provide$23,805.30 cash per required affordable housing unit to meet the 15%Affordable Housing Requirement after the certificate of occupancy is issued for the 52nd dwelling unit (the existing proffer requires constructing 7.5%of total required affordable housing units and providing$19,100 cash in lieu of the remaining 7.5% required affordable housing units); amend Proffer#2 to reduce cash proffers from$17,500 to$7,333.18 for each single-family detached dwelling,from$11,900 to$5,447.57 for each single-family attached dwelling that is not an affordable dwelling unit, and from$12,400 to$7,419.91 for each multi-family dwelling unit that is not an affordable housing unit. Under Scenario A, amend Proffer#4 to reduce the number of trees preserved from 39 trees to 13 trees and reduce the required bonding from$29,000 to$13,000. OVERLAYS: Entrance Corridor(EC),Steep Slopes(Managed) and Airport Impact Area (AIA) PROFFERS:Yes COMPREHENSIVE PLAN: Urban Density Residential—residential (6.01—34 units/acre);supporting uses such as religious institutions,schools,commercial,office and service uses and Urban Mixed Use(in Centers); supporting uses such as retail, residential,commercial, employment,office, institutional,and open space in Neighborhood 1 of the Places29 Master Plan. Johnathan Newberry From: George Ray <George@insignia-va.com> Sent: Wednesday,January 11, 2017 6:28 PM To: Johnathan Newberry Subject: RE:Oakleigh Board Hearing Date? Thanks J.T. Understood on all counts!!! George From: Johnathan Newberry [mailto:jnewberry@albemarle.org] Sent: Wednesday, January 11, 2017 5:07 PM To: Valerie Long; George Ray; Steve Edwards; Scro, Nicole; Alan Franklin PE, LLC Subject: RE: Oakleigh Board Hearing Date? Hello Oakleigh Team, I have confirmed with the County Attorney's office that the proposed proffers are legally acceptable as-written That said, because the revised proffers do not fully align with the recommendation made by the Planning Commission, staff recommendation to the Board will be for denial. I will work with the County Attorney's office on the legal ad to secure the February 8th meeting date. George,the County Executive's office provided deadlines for the 2/8 meeting date It would be ideal to have the letter from the adjoining property owner by January 20th, but the absolute last opportunity to get it in the Board's packet is January 30th.Whenever possible, it would be great if you can just confirm that you have spoken with the right contact and a letter is forthcoming.That way, I can prepare the Board materials ahead of time and we can add it as soon as it is ready Thanks, Newbe .i. T Senior Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday,January 03, 2017 5:10 PM To:Johnathan Newberry<inewberry@albemarle.org> Cc: Elaine Echols<EECHOLS@albemarle.org> Subject: RE:Oakleigh Board Hearing Date? Thanks JT, I appreciate the quick update. I know that George Ray was reaching out to the owners of the adjacent property about the emergency access, and I've asked him for an update on that, and I have forwarded your email to him. As soon as you have any comments from the County Attorney to'the proffers we will quickly review and process them. Valerie 1 Valerie Long Williams Mullen 434.951.5709 - From: Johnathan Newberry [niailto:jnewberry@albemarle.orq] Sent: Tuesday, January 03, 2017 11:05 AM To: Long, Valerie Cc: Elaine Echols Subject: RE: Oakleigh Board Hearing Date? Hi Valerie, Thanks and happy New Year to you,too. February 8th is considered a tentative date because the recommendation of approval from the Planning Commission included the resolution of several items(see slide below). I've reviewed the revised application plan and see that several issues have been resolved: • The COD shows a minimum of 53 dwelling units for Scenario B. • The COD notes that the layout shown in Scenario A is only permitted in conjunction with an Assisted Living Facility use. • The application plan removed the conceptual location for emergency access through the Berkeley subdivision Remaining outstanding issues: • The County Attorney's office is reviewing the proffers. • Evidence from the property owner of the Charlottesville Health and Rehab site that they acknowledge the conceptual location of the required emergency access connection I hope to hear back from the C/A's office this week so that any other changes can be identified and the legal ad can be updated (if necessary) and reviewed prior to the Daily Progress deadline for the 2/8 BOS meeting. I believe that deadline is 1/17/17 Newberry Senior Planner Comity of Albemarle, Planning Division 434-296 832, ext. 3270 2 OUTSTANDING ISSUES MD RECOMMENDED CHANGES • Retainoriginal cash proffers made for Scenario B • Retain original proffers'relaxed to tree preservation and affordable housing for Scenario B • Revise the COD to require a minimum of 53 dwelling units under Scenario B • Clarify that Scenario A is only available for an assisted living use to be established • Other technical changes to the application as necessary to provide clarity for the administration of development under Scenario A and Scenario B.including: • Removing the conceptual location for an emergency access through the Berkeley subdivision • Verify the adjoining property owner of the Charlottesville Health and Rehabilitation Center site is agreeable to providing emergency access connection From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday,January 03,2017 10:38 AM To:Johnathan Newberry<inewberry@albemarle.org> Subject: Oakleigh Board Hearing Date? JT, Happy New Year to you, I hope you had a wonderful holiday break. Forgive me if you have already confirmed this, but I wanted to make sure I was on the same page with you about the Board hearing date for Oakleigh. Has it been official set for February 8th? That was my understanding, but I wanted to be certain Thanks for all of your help, Valerie Valerie Wagner Long I Attorney I Williams Mullen 321 East Main St.Suite 400 I Charlottesville,VA 22902-3200 T 434.951.5709 I C 434-242-6792 I F 434.817.0977 I vlong@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 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. 3 c �� 7 ,,. 1/.Zo/00 Johnathan Newberry L' M"141 From: Johnathan Newberry Sent: Tuesday,January 03, 2017 11:05 AM To: 'Long,Valerie' Cc: Elaine Echols Subject: RE:Oakleigh Board Hearing Date? Hi Valerie, Thanks and happy New Year to you,too. February 8th is considered a tentative date because the recommendation of approval from the Planning Commission included the resolution of several items(see slide below). I've reviewed the revised application plan and see that several issues have been resolved: • The COD shows a minimum of 53 dwelling units for Scenario B. • The COD notes that the layout shown in Scenario A is only permitted in conjunction with an Assisted Living Facility use. • The application plan removed the conceptual location for emergency access through the Berkeley subdivision. Remaining outstanding issues: • The County Attorney's office is reviewing the proffers. • Evidence from the property owner of the Charlottesville Health and Rehab site that they acknowledge the conceptual location of the required emergency access connection. I hope to hear back from the C/A's office this week so that any other changes can be identified and the legal ad can be updated (if necessary) and reviewed prior to the Daily Progress deadline for the 2/8 BOS meeting. I believe that deadline is 1/17/17. J.T. Newberry Senior Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 • '- OUTSTA-NDING,ISSUES AND RECOMMENDED CHANGES • Retain original cash proffers made for Scenario B • Retain original proffers related to tree preservation and affordable housing for Scenario B • Revise the COD to require a minimum of 53 dwelling units under Scenario B • Clarify that Scenario A is only available for an assisted living use to be established • Other technical changes to the application as necessary to provide clarity for the administration of development under Scenario A and Scenario B.including: • Removing the conceptual location for an emergency access through the Berkeley subdivision • Verify the adjoining property owner of the Charlottesville Health and Rehabilitation Center site is agreeable to providing emergency access connection From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday,January 03, 2017 10:38 AM To:Johnathan Newberry<jnewberry@albemarle.org> Subject:Oakleigh Board Hearing Date? JT, Happy New Year to you, I hope you had a wonderful holiday break. Forgive me if you have already confirmed this, but I wanted to make sure I was on the same page with you about the Board hearing date for Oakleigh. Has it been official set for February 8th? That was my understanding, but I wanted to be certain. Thanks for all of your help, Valerie Valerie Wagner Long I Attorney I Williams Mullen 321 East Main St. Suite 400 I Charlottesville,VA 22902-3200 T 434.951.5709 I C 434-242-6792 I F 434.817.0977 I vlonq©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 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. 2