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HomeMy WebLinkAboutSP200700053 Correspondence 2008-07-07 ZUNKA, MILNOR, CARTER& INIGO, LTD. Attorneys at Law 414 Park Street P O Box 1567 Charlottesville VA 22902 Telephone 434-977-0191 John W.Zunka Real Estate 434-977-5060 MAGRUDER DENT,JR. Richard H.Milnor Facsimile 434-977-0198 1919-1994 Richard E.Carter ROBERT E.TAYLOR Alvaro A.Inigo July 7, 2008 1906-1998 BY EMAIL: iwiegand@a,albemarle.org Ms. Judy Wiegand, Senior Planner County of Albemarle Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, VA 22902 RE: SP 2007-053, St. Anne's-Belfield Dear Ms. Wiegand: This office represents St. Anne's Belfield School ("Applicant") in the above-captioned matter. I have reviewed your report with my client and we are in general agreement with the contents except as to two of the recommended conditions. As to condition 4 requiring certification that the building meets LEED standards before issuance of a building permit and further certification prior to the issuance of a certificate of occupancy, we suggest that those conditions are too stringent. As you probably know, only USGBC (United State Green Building Council) can award LEED certification and that can only be done after the project is finished and the building occupied. It is not unusual for such certification to take a year or more. Additionally, the LEED standards are in a continuous state of flux. As this technique becomes more common, the standards are changed to reflect the trial and error regarding the standards. We would suggest that the condition be amended to recognize that Applicant strives to designing and building a new lower and middle school facility that is consistent with the best practices of sustainable design. Applicant will, in good faith, seek a LEED certification from the USGBC for the finished project. This puts a responsibility on the Ms. Judy Wiegand, Senior Planner Page 2 July 7, 2008 Applicant to seek LEED certification but not be caught up in fluid requirements that could make such certification impossible. As to condition 7 requiring Applicant to construct a turn lane and a turn lane taper prior to issuance of a certificate of occupancy, I submit that Applicant should be required to pay its fair share of construction of those lanes. In Attachment D to the report, Joel DeNunzio, Staff Engineer, recognizes that there are six locations where some type of turn lane or taper will be warranted. He states that this application only triggers the need for additional improvements in two locations. Applicant is willing to pay its fair share for those improvements to those two intersections. Applicant has submitted calculations by Timmons Group that the impact that this application will have to the two intersections is 13.5% on one and 9.0% on the other. Applicant's share of construction costs would be $13,218.00. While understandable that VDOT is looking for ways to have others supplement its lack of funding, it is simply unfair to make such a low percentage user bear all of the costs. We would suggest the condition be amended to recognize that Applicant pay to the County of Albemarle $13,218.00 towards construction of the turn lane and turn lane taper. These funds are to be held in escrow pending completion of construction. If you would like to discuss either of these matters, please do not hesitate to give me a call. Very truly yours, REC:smw Richard E. Carter CC: Planning Commissioners