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HomeMy WebLinkAboutSDP201300055 Correspondence 2013-10-07 Christopher Perez From: Christopher Perez Sent: Friday, December 20, 2013 6:14 AM To: 'Scott Collins (scott@collins-engineering.com)' Subject: SDP201300055 Stonewater Initial Site Plan Attachments: Stonewater Townhomes Soil Reports.pdf Scott, Also, attached is the Soil Report from Thomas Jefferson Soil and Water Conservation District.This file was incorrectly attached to another project of mine's soil report,when I looked at that other files soil report I found this soil report. Sorry for the delay. Christopher P.Perez 1 Senior Planner Department of Community Development lCounty of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Thursday, December 19, 2013 5:11 PM To: 'Scott Collins (scottcollins-engineering.com)' Subject: SDP201300055 Stonewater Initial Site Plan approval letter Scott, As requested attached is the approval letter w/conditions for SDP201300055 Stonewater Initial Site Plan. Christopher P.Perez 1 Senior Planner Department of Community Development lCounty of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 1 Christopher Perez From: Stewart Wright Sent: Wednesday, November 27, 2013 8:39 AM To: Francis MacCall Cc: Christopher Perez Subject: RE: Required setbacks for Block A and B ••- - - • • - ite " - - (SDP2013-55) I think Mr. Blaine should also look at 4.6.3 (b). I —11 3 � � _( That makes our position pretty clear. ��5 ' 3 aPikA4 From: Francis MacCall Sent: Tuesday, November 26, 2013 4:55 PM To: Amelia McCulley; Ron Higgins; Rebecca Ragsdale; Stewart Wright; Johnathan Newberry; Bill Fritz Cc: Christopher Perez Subject: RE: Required setbacks for Block A and B of the Stonewater Townhomes Site Plan (SDP2013-55) I would like to discuss when we all get back next week. From: Blaine, Steven W. [mailto:Steven.BlaineCtleclairryan.com] Sent: Tuesday, November 26, 2013 2:44 PM To: Francis MacCall; Christopher Perez Cc: Kirk Hughes (kirkOkhals.net); Scott Collins (scottCa�collins-engineering.com); Schweller, Lori H.; Amelia McCulley; Ron Higgins Subject: RE: Required setbacks for Block A and B of the Stonewater Townhomes Site Plan (SDP2013-55) Thanks Francis for your call earlier. As we discussed, there appears to be a conflict between the definition of a 'corner lot' in Section 3 of the Zoning Ordinance and Section 4.6.2 b of the Ordinance dealing with how to determine lot frontages. We rely on Section 3 which provides: "Lot, Corner": A lot abutting on two (2)or more streets at their intersection.The front of the lot shall deemed to be the shortest of the sides fronting on streets except where existing development of a lot shall have already defined the front of such lot." In our proposed site plan,the two townhouse lots abutting Penfield Lane on both the north and south would appear to be corner lots. Applying the second sentence from the definition above,the front would either be the side facing Treesdale Way or the one facing Rio Road. These lots also meet the definition of double frontage lots under Section 14 of the Subdivision Ordinance. [See 14-106, Definitions.] For the purposes of determining the font of a double frontage lot,Zoning Ordiniance Section 4.6.2c indicates that the prevailing building pattern shall be used. In our proposal,the prevailing building pattern for both Blocks A and B is to face the townhouses toward Rio Road. Therefore our proposed site plan meets the setback requirements resulting from a clear reading of Section 4.6.2 c and Section 3, Definitions. The front setback applies to the area fronting Rio Road, and a side setback therefore applies to the Penfield Lane side. A rear setback would apply then to Treesdale Way. The fact that Section 3 and 4.6.2b are in conflict and that such conflict does not appear reconcilable should not prejudice our client's proposed lot lay-out. Having met the two clearly applicable requirements set forth in 4.6.2 c and Section 3, the plan should be approved as it is proposed. I appreciate your getting back to me so promptly and hope that the analysis above is helpful. Best regards, 1 Noe- Steven W. Blaine Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville,Virginia 22902 (434)245-3423 Direct (434)296-0905 Fax (804)248-8715 Mobile Steven.Blaine@leclairryan.com http://www.leclairryan.com Please consider the environment before printing this email. From: Francis MacCall [mailto:FMACCALLOalbemarle.orq] Sent: Tuesday, November 26, 2013 12:17 PM To: Blaine, Steven W.; Christopher Perez Cc: Kirk Hughes (kirk@ khals.net); Scott Collins (scoff@ collins-engineering.com); Schweller, Lori H.; Amelia McCulley; Ron Higgins Subject: RE: Required setbacks for Block A and B of the Stonewater Townhomes Site Plan (SDP2013-55) Steve, If you would like to speak to someone today I am more than willing to do that,just give me a call. If you want to wait until Monday for Amelia that is OK as well. Chris has brought me up to speed with the history of the development. Francis 296-5832 ext 3418 From: Blaine, Steven W. [mailto:Steven.BlaineCaleclairryan.com] Sent: Tuesday, November 26, 2013 11:34 AM To: Christopher Perez; Francis MacCall Cc: Kirk Hughes (kirk@ikhals.net); Scott Collins (scott©collins-engineering.com); Schweller, Lori H.; Amelia McCulley; Ron Higgins Subject: RE: Required setbacks for Block A and B of the Stonewater Townhomes Site Plan (SDP2013-55) Thanks Chris Steven W. Blaine Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville, Virginia 22902 (434)245-3423 Direct (434)296-0905 Fax (804)248-8715 Mobile Steven.BlaineAleclairryan.com httb://www.leclairryan.com 2 Please consider the environment before printing this email. From: Christopher Perez [mailto:cperez @albemarle.orq] Sent: Tuesday, November 26, 2013 11:19 AM To: Blaine, Steven W.; Francis MacCall Cc: Kirk Hughes (kirk@khals.net); Scott Collins (scoff(acollins-engineering.com); Schweller, Lori H.; Amelia McCulley; Ron Higgins Subject: RE: Required setbacks for Block A and B of the Stonewater Townhomes Site Plan (SDP2013-55) Steven, It appears Amelia is on vacation till the 2nd of December. Ron Higgins had a family emergency today and is currently out. He is scheduled to be in tomorrow. Please note County Office building is closed at noon tomorrow,for the holiday. Christopher P. Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Blaine, Steven W. [mailto:Steven.Blaine @leclairryan.com] Sent: Tuesday, November 26, 2013 11:04 AM To: Christopher Perez; Amelia McCulley; Ron Higgins Cc: Kirk Hughes (kirk @khals.net); Scott Collins (scott@collins-engineering.com); Schweller, Lori H. Subject: RE: Required setbacks for Block A and B of the Stonewater Townhomes Site Plan (SDP2013-55) Thanks Chris. I would be happy to get an informal read on this--short of an official determination, if either Amelia or Ron could call me back today would be great. 434.245.3423. Thanks! Steven W. Blaine Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville,Virginia 22902 (434)245-3423 Direct (434)296-0905 Fax (804)248-8715 Mobile Steven.Blaine@leclairryan.com http://www.leclairryan.com Please consider the environment before printing this email. From: Christopher Perez [mailto:cperez @albemarle.orq] Sent: Tuesday, November 26, 2013 10:42 AM To: Amelia McCulley; Ron Higgins Cc: Blaine, Steven W. Subject: Required setbacks for Block A and B of the Stonewater Townhomes Site Plan (SDP2013-55) Amelia or Ron, I received a phone call from Steve Blaine(245-3423) of LeClairRyan for the Stonewater Townhouse units. 3 *so, awr' He is interested in requesting a formal determination of the required setbacks for Block A and B of the Stonewater Townhomes Site Plan(SDP2013-55). Zoning staff and myself have reviewed the proposal and believe it's a 3 front property; however, this causes large issues for the developer and he wants to have the Zoning Administrator weigh in on this issue prior to their company taking actions to modify their designs to address this issue. I have a fullsize copy of the initial site plan in my office and can provide this to you upon your request. Attached is a scanned copy of the area in question. Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 * This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail with a copy to emailadministrator@leclairryan.com and delete this e-mail and all copies and attachments. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication(including any attachments) is not intended or written to be used, and cannot be used, for the purpose of(i)avoiding penalties under the Internal Revenue Code or(ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 4