HomeMy WebLinkAboutSUB201300161 Correspondence 2013-11-04 Now, '41001,
Christopher Perez
From: Christopher Perez
Sent: Monday, December 16, 2013 10:12 AM
To: 'Jones, Greg'
Cc: 'Edward D. Campbell'
Subject: RE: Sub2013-161 Bundoran Farm
Mr. Jones,
The County Attorney has completed his review of the existing Community Charter and he
believes the proposed subdivision will fall under pre-existing agreement/covenants (including
road maintenance agreement). Thus we can move forward with approving the plat as all other
issues have been addressed. Please provide a signed notarized copy for approval by the
Subdivision Agent. Once it's approved you can record it in the Clerk's Office.
Christopher-P.Perez'Senior Planner
Department of Community Development County of Albemarle.Virginia
401 Mclntire Road l Charlottesville.VA 22902
434.296.5832 ext.3443
From: Jones, Greg [mailto:GJones(&homesteadpreserve.com]
Sent: Friday, December 13, 2013 10:18 AM
To: Christopher Perez
Subject: RE: Sub2013-161 Bundoran Farm
Chris:
Any feedback from the County Attorney?
Gregory S.Jones
Project Planner
2737 Main Street
Hot Springs,VA 24445
Phone(540)839-3256
Cell (540)968-1605
Celebration
www.ceiebrationassociates.com
www homesteadpreserve.com
www.bundoranfarm.com
From: Christopher Perez [mailto:cpe-ezZalbernarie o-q]
Sent: Tuesday, December 10 2C,13 5:19 PM
To: Jones; Greg
Cc: Edward D. Campbell
Subject: RE: Sub2013-161 Bundoran Farm
Attached you will find a PDF of the approval letter from the Health Department for the above mentioned
subdivision.
Please review and let me know if you have any questions or concerns.
t:_:hrktopher P. Perez j Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville.VA 22902
434.296.5832 ext.3443
1
Christopher Perez
From:Greg Kamptner
Sent:Friday, December 13, 2013 4:52 PM
To:Christopher Perez
Subject:RE: Sub2013-161 Bundoran Farm
Chris-
I did a couple of days ago but our scanner was out of commission earlier this week and the repairs were delayed, so I
asked Erika to deliver the hard copies to you today. My conclusion was that I think the proposed subdivision will fall
under pre-existing agreement/covenants.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner@albemarle.org
From: Christopher Perez
Sent: Friday, December 13, 2013 10:31 AM
To: Greg Kamptner
Subject: Sub2013-161 Bundoran Farm
Greg,
On December 6th I had forwarded the existing road maintenance agreement for Bundoran Farm and my
thoughts on it’s applicability to the current subdivision of Parcel X for SUB2013-161. Have you had a chance to
review this yet, the applicant has been calling and emailing me regularly seeking guidance, evidently they are
on a closing deadline and would like to move forward. Just seeking a status update for the applicant .
Thanks
Christopher P. Perez | Senior Planner
Department of Community Development |County of Albemarle, Virginia
401 McIntire Road | Charlottesville, VA 22902
434.296.5832 ext. 3443
From: Christopher Perez
Sent: Thursday, December 05, 2013 5:50 PM
To: 'Jones, Greg'
Cc: Edward D. Campbell
Subject: RE: Sub2013-161 Bundoran Farm
Mr. Jones,
I forwarded the existing road maintenance agreement and guidance to the County Attorney and am awaiting his review
to determine if it’s truly covered. I see your logic and also believe it does but I need the County Attorney’s sign off prior
to approval.
Also, I called the HD and left a voicemail checking in on the status of the soil work…hope to find something out
tomorrow.
2
Thanks
Christopher P. Perez | Senior Planner
Department of Community Development |County of Albemarle, Virginia
401 McIntire Road | Charlottesville, VA 22902
434.296.5832 ext. 3443
From: Jones, Greg [mailto:GJones@homesteadpreserve.com]
Sent: Wednesday, December 04, 2013 2:17 PM
To: Christopher Perez
Cc: Edward D. Campbell
Subject: RE: Sub2013-161 Bundoran Farm
Chris:
In response to comment #3 we have attached is the recorded Community Charter for Bundoran Farm which stipulates
road maintenance responsibilities for the lot in question, see page 29, sec 9.2. The property subject to the Community
Charter is stipulated on Exhibit A which refers to “all those tracts or parcels of land” on the final plat of Bundoran Farm
recorded in book 3486, page 87. Please let me know if you need any further information regarding this issue.
I think the only outstanding issue is the health department review. Could you advise regarding the status?
Gregory S. Jones
Project Planner
2737 Main Street
Hot Springs, VA 24445
Phone (540) 839-3256
Cell (540) 968-1605
www.celebrationassociates.com
www.homesteadpreserve.com
Christopher Perez
From: Christopher Perez
Sent: Thursday, December 12, 2013 2:58 PM
To: 'Edward D. Campbell'
Subject: RE: Re-send
Ed,
I believe the name should be spelled "Frederic" as this is the way it was spelled throughout the deed for the life estate,
it also appears that's the way Mr.Scott Jr. signed his name on the life estate, and County real-estate records have it
spelled this same way. Thus I have no record of it truly being spelled with a "k". Potentially check with the clients legal
advisor or consult Mr.Scott.
Otherwise all other changes you made look great.Thanks
Christopher P. Perez;Senior Planner
Department of Community Development 'County of Albemarle,Virginia
401 McIntire Road(Charlottesville,VA 22902
434.296.5832 ext.3443
From: Edward D. Campbell [mailto:ECampbell @roudabush.com]
Sent: Thursday, December 12, 2013 2:33 PM
To: Christopher Perez
Cc: Jones, Greg
Subject: Re-send
Chris/Greg,
I noticed that Frederick was spelled incorrectly.The signature line has been revised.
Edward D. Campbell Ill
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville, Virginia 22902
434 977-0205
Christopher Perez
From: Edward D. Campbell [ECampbell @roudabush.com]
Sent: Thursday, December 12, 2013 2:29 PM
To: Christopher Perez
Cc: Jones, Greg
Subject: Revised Plat SUB 201300161 Bundoran
Attachments: LOT A16 SHEET 1.pdf; LOT A16 SHEET 2.pdf
Chris,
Here are the two sheets with the revisions you requested for JR. and 22B being added to Fred Scott's signature line.
Also,the Cottage is shown accurately as field located this morning, showing no encroachment. Note that I also added
"TMP 86-22B"to the Residue note on the plat, page 2, upper center. I thought this might help clarify where 22B actually
existed.
EDCIII
Edward D. Campbell III
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
Christopher Perez
From: Edward D. Campbell [ECampbell @roudabush.com]
Sent: Thursday, December 12, 2013 12:43 PM
To: Christopher Perez
Cc: Jones, Greg
Subject: SUB 201300161 BUNDORAN fARM SUBDIVISION
Chris,
Update on existing Cottage on Parcel 'X': as I tried to relate yesterday the new owners decided to keep the Cottage in
place as they built or added on; not real sure what their plans will be.The "TBR" note on the plat is to be removed.That
brought up the issue of where the Cottage actually lay on the land.The Cottage as shown on the plat that was submitted
was from the aerial topo which, while informative and helpful, is not all that accurate for this type of situation. So I had
the field crew locate it this morning and we found that the structure clears the setback line by 1'10" on the NW corner
and 3'8" on the SE corner.So we are not creating any encroachments by removing the "TBR" notation.
EDCIII
Edward D.Campbell Ill
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
Christopher Perez
From: Christopher Perez
Sent: Thursday, December 12, 2013 11:59 AM
To: 'Edward D. Campbell'
Subject: RE: SUB 2013-300161 Bundoran Farm
Ed,
Section 6.3 NONCONFORMING STRUCTURES permits this lots creation regardless of the existing non
conforming structure crossing into the front setback. The right of way is existing,the dwelling is existing, none
of the lines proposed with this division are making it more non-conforming.
If you are worried about what type of renovations can and cannot occur, section 6.3 also goes into these
specifics. Hope this helps.
Christopher P. Perez Senior Planner
Department of Community Development;County of Albemarle,Virginia
401 McIntire Road Charlottesville,VA 22902
434.296.5832 ext.3443
From: Edward D. Campbell [mailto:ECampbell @roudabush.com]
Sent: Wednesday, December 11, 2013 10:53 AM
To: Christopher Perez
Subject: FW: SUB 2013-300161 Bundoran Farm
I sent this to you without paying attention.When I pulled up the file I saw that the existing structure encroached on the
front setback line. I have alerted the owner and am awaiting his thoughts.
Edward D.Campbell Ill
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
From: Edward D. Campbell
Sent: Wednesday, December 11, 2013 10:50 AM
To: 'Christopher Perez'
Subject: FW: SUB 2013-300161 Bundoran Farm
Here a couple of changes the owner requested. i will make them for the final version.Thouht this would give you a
heads-up.
Edward D. Campbell III
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville, Virginia 22902
434 977-0205
From: Jones, Greg [mailto:GJonesC&homesteadpreserve.com]
Sent: Wednesday, December 11, 2013 10:40 AM
To: Edward D. Campbell
Subject: RE: SUB 2013-300161 Bundoran Farm
Ed:
Attached are a few minor comments on the plat. Thanks for the quick turn around. We are getting close!
Gregory S.Jones
Project Planner
2737 Main Street
Hot Springs,VA 24445
Phone(540)839-3256
Cell(540)968-1605
Nt
Celebration
ASSOCIATES , LLC
www.celebrationassociates.com
www.homesteadbreserve.com
www.bundoranfarm.com
From: Edward D. Campbell [mailto:ECampbelR roudabush.com]
Sent: Wednesday, December 11, 2013 9:22 AM
To: Christopher Perez
Cc: Jones, Greg
Subject: SUB 2013-300161 Bundoran Farm
Chris,
Here are the copies you requested that have Fred Scott's owner panel attached. Per my previous email concerning the
Health Dept. letter I assume Greg can now obtain owners' signatures and notary. Upon review of the attached .pdfs
please confirm before he enters into that process.
EDCIII
Edward D. Campbell III
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
Christopher Perez
From: Christopher Perez
Sent: Tuesday, December 10, 2013 8:48 AM
To: 'Jones, Greg'
Cc: Edward D. Campbell
Subject: RE: Sub2013-161 Bundoran Farm
Mr. Jones,
I understand your clients predicament with the pending closing; however, I have no control over the Health
Department's review. They said they hoped to have it reviewed/approved and sent over to me by the end of the
week. This item is required for approval. Once I receive it I'll let you know is thing.
Also,the County Attorney's review of the document...he's not on my schedule, please take into consideration
he only just received it on the 6th,two working days ago, and I received word he was out of the office on Friday,
thus his 1St day back in the office to look at it was Monday the 9th. This item is required for approval.
In the interim if you want to move forward with something, please provide me a PDF of the revised plat to
assure comment#2 is adequately addressed prior to obtaining signatures (or if you already have the revised plat
signed and notarized provide me a copy of that for review).
Other than the above I'm afraid at this point in the review there is not much I can do.
Christopher P.Perez I Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road Charlottesville,VA 22902
434.296.5832 ext.3443
From: Jones, Greg [mailto:GJones @homesteadpreserve.com]
Sent: Monday, December 09, 2013 10:33 PM
To: Christopher Perez
Cc: Edward D. Campbell
Subject: Re: Sub2013-161 Bundoran Farm
Chris
Thanks for the update! Anyway we can push for end of day Thursday....had to ask?Assuming it is approved it will be a
tight timeline to get signatures, record and prepare closing dots for a Monday closing. Let me know if there is anything
i can do to help with timeline . Thanks for your help!
Sent from my iPhone
Greg Jones
On Dec 9, 2013, at 3:47 PM, "Christopher Perez" <cperez @albemarle.org>wrote:
Mr. Jones,
I have made contact with the Health Department and they hope to have something
to me by the end of the week. He said he does not see any issues at this point in his
review.
1
The County Attorney's review of the road maintenance docs is still pending and.
I'll forward you more information when I hear something from him. Thanks
Christopher P. Perez Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road I Charlottesville,VA 22902
434.296.5832 ext.3443
From: Jones, Greg [mailto:GJonesahomesteadoreserve.com]
Sent: Wednesday, December 04, 2013 2:17 PM
To: Christopher Perez
Cc: Edward D. Campbell
Subject: RE: Sub2013-161 Bundoran Farm
Chris:
In response to comment#3 we have attached is the recorded Community Charter for Bundoran Farm
which stipulates road maintenance responsibilities for the lot in question, see page 29, sec 9.2. The
property subject to the Community Charter is stipulated on Exhibit A which refers to"all those tracts or
parcels of land" on the final plat of Bundoran Farm recorded in book 3486, page 87. Please let me know
if you need any further information regarding this issue.
I think the only outstanding issue is the health department review. Could you advise regarding the
status?
Gregory S.Jones
Project Planner
2737 Main Street
Hot Springs,VA 24445
Phone(540)839-3256
Cell(540)968-1605
From: Christopher Perez [mailto:cperezaalbemarle.orq]
Sent: Monday, December 02, 2013 5:11 PM
To: Edward D. Campbell
Cc: Jones, Greg
Subject: RE: Sub2013-161 Bundoran Farm
Ed,
I have received confiiiiIation from the County Attorney that Fred's signature should be on the
plat to indicate his consent to the subdivision. Per County Attorney's guidance please revise the
plat to provide a signature block for Fred's signature, assure that the signature block references
TMP 86-22B as he is the owner of the life estate of that tax parcel. His signature on the plat shall
also be notarized.
Below is the County Attorney's explanation of his findings.
Although Fred may not be an "owner"" within the meaning of the State Subdivision Law and he
lacks the power to convey certain interests as I explained in my prior email, he may be a
2
♦ 1r' T
"proprietor"as that term is used in Virginia Code 15.2-2264 and County's Subdivision
Ordinance. Virginia Code 15.2-2264 provides:
Every plat, or deed of dedication to which the plat is attached, shall contain in addition to
the professional engineer's or land surveyor's certificate a statement as follows: "The
platting or dedication of the following described land (here insert a correct description of
the land subdivided) is with the free consent and in accordance with the desire of the
undersigned owners, proprietors, and trustees, if any. (underlining added)
One of the definitions of the term"proprietor" in Webster's Third.New International Dictionary
is: "one having an interest (as control, present use, or usufruct) less than absolute and exclusive
right.- Thus a life estate falls within that definition.
Hope that helps.
Christopher 1'. Perez;Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road I Charlottesville,VA 22902
434.296.5832 ext.3443
From: Edward D. Campbell [mailto:ECampbell @roudabush.com]
Sent: Monday, December 02, 2013 9:35 AM
To: Christopher Perez
Cc: Jones, Greg
Subject: Sub2013-161 Bundoran Farm
Chris,
Did I understand that you were checking to see if Fred needed to sign the plat since he "just" has life
rights and does not own Parcel 45? I had noted that he is okay with the division and would sign the plat
if needed but I need to make sure of where we stand. Adding another approval block and notary block
would cramp Sheet 1; can be done but I don't want to make the changes until absolutely necessary.
Edward D. Campbell III
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
3
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v� o$®illy N.00,
IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax(434)972-4126
Date: December 6, 2013
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville,VA 22902
Regarding:
Project Name: SUB201300161 Bundoran Farm—Re-subdivision
Date Submitted: 12/04/2013
Dear Mr. Kamptner:
I am currently reviewing the above referenced subdivision plat in which the applicant is proposing to
subdivide 2.37 acres (parcel X)from a 91.02 acre parcel (Lot 16 on the Bundoran Farm Final Sub Plat).
The roads throughout the Bundoran Subdivision are private, including the road which this subdivision
fronts on, Bundoran Farm Drive (40' right of way)w/ 16' road.As such this private road already has a
maintenance agreement on it for the lots platted through the final subdivision (DB3486PG87), which are
located in the attached Community Charter, specifically on page 29, Section 9.2.
Staff is seeking verification from the County Attorney's office that the existing recorded maintenance
agreement provided for/covers additional subdivisions of the residue lots which were not platted with
the final subdivision plat(DB3486PG87). Upon initial review of the document staff believes that it does
provide for such, per language in Exhibit A,which states "All those tracts or parcels of land lying and
being in Albemarle County...more particularly described on that final plat of Bundoran Farm...Deed Book
3486, Page 87..." Also, on page 30, Section 9.2 the document references "the lots".
At your earliest convenience, please review the attached recorded Community Charter documents and
the attached plat for the division. Should you have any questions or comments please feel free to
contact me.
Sincerely,
Christopher P. Perez, Senior Planner
County of Albemarle
Department of Community Development
401 Mclntire Road
Charlottesville, VA
coerez @albernar e.u-2
\434)296-5E32, phone �.i
Christopher Perez
From: Christopher Perez
Sent: Monday, December 02, 2013 5:11 PM
To: 'Edward D. Campbell'
Cc: Jones, Greg
Subject: RE: Sub2013-161 Bundoran Farm
Ed,
I have received confirmation from the County Attorney that Fred's signature should be on the plat to indicate
his consent to the subdivision. Per County Attorney's guidance please revise the plat to provide a signature
block for Fred's signature, assure that the signature block references TMP 86-22B as he is the owner of the life
estate of that tax parcel. His signature on the plat shall also be notarized.
Below is the County Attorney's explanation of his findings.
Although Fred may not be an "owner"within the meaning of the State Subdivision Law and he lacks the power
to convey certain interests as I explained in my prior email, he may be a"proprietor" as that term is used in
Virginia Code 15.2-2264 and County's Subdivision Ordinance. Virginia Code 15.2-2264 provides:
Every plat, or deed of dedication to which the plat is attached, shall contain in addition to the professional
engineer's or land surveyor's certificate a statement as follows: "The platting or dedication of the
following described land (here insert a correct description of the land subdivided) is with the free consent
and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any.
(underlining added)
One of the definitions of the term "proprietor"" in Webster's Third New International Dictionary is: "one having
an interest(as control, present use, or usufruct) less than absolute and exclusive right."" Thus a life estate falls
within that definition.
Hope that helps.
chriqophe,1'.Pere) Senior Planner
Department of Community Development!County of Albemarle.Virginia
401 Mclntire Road l Charlottesville. VA 22902
434.296.5832 ext.3443
From: Edward D. Campbell [mailto:ECampbell(aroudabush.com]
Sent: Monday, December 02, 2013 9:35 AM
To: Christopher Perez
Cc: Jones, Greg
Subject: Sub2013-161 Bundoran Farm
Chris,
Did I understand that you were checking to see if Fred needed to sign the plat since he "just" has life rights and does not
own Parcel 45? i had noted that he is okay with the division and would sign the plat if needed but i need to make sure of
where we stand. Adding ano:her Gpn°o block ar,d notar block would cramp Sheet r . ..,t .one 'out : don't want
to
make the changes until a s..u.e r, ,..
'Edward D.Campbell III �.. "' .44.0 rrr
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
Christopher Perez
From: Greg Kamptner
Sent: Monday, December 02, 2013 5:01 PM
To: Christopher Perez
Subject: RE: Sub2013-161 Bundoran Farm
Chris-
Good question. In order to preserve the paper trail, Fred's signature block should include a reference to TMP 86-22B and
that he is the owner of the life estate of that tax parcel.Title searchers in the future may be confused if they saw Fred's
signature with only a reference to TMP 86-45.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner@albemarle.org
From: Christopher Perez
Sent: Monday, December 02, 2013 4:50 PM
To: Greg Kamptner
Subject: RE: Sub2013-161 Bundoran Farm
Greg,
I have one more question. On the plat the owner information and signature for TMP 86-45 only provides for
Matthew Spence, CEO of Bundoran Farm; however, County real-estate records provides this parcel of land with
two (2)tax map parcels, with the second being TMP 86-22B, which is 2 acres owned by A Life Estate For
Fredrick W Scott Jr. Should the plat be modified to provide for two tax map parcels? Specifically adding TMP
86-22B for Mr. Fred Scott Jr. to sign the plat as a proprietor under?
OR should Scott's name just be added below Matthew Spence's signature?
fi`k Sri ,arr 1 t :r/ Senior Planner
Department of Community Development 1County of Albemarle.Virginia
401 McIntire Road j Charlottesville.VA 22902
434.296.5832 ext. 3443
From: Greg Kamptner
Sent: Monday, December 02, 2013 4:35 PM
To: Christopher Perez
Subject: RE: Sub2013-161 Bundoran Farm
Chris-
Let's go ahead and get Fred's signature on the plat to indicate his consent tc the subdivision. Although Fred may not be
ar,, 'owner" within the meaning of the State Subdivision Law and he lacks the power to convey certain interests as I
excla nec i m‘, prior emaii, he may be a "proprietor" as that term is used in Vi;gini Code 15.2-2264 and County's
�`•- � d ,, n:e. Virginia Code 2 2264 provides:
e -''I: ^Y. the ;c. is attaci .:C.r tr.e professiorial
c r..c c e s th s f o k:v l a g
described land (here insert a correct description of the land subdivided) is wi"i the free consent and in
accordance with the desire of the undersigned owners, proprietors, and trustees, if any. (underlining added)
One of the definitions of the term "proprietor" in Webster's Third New International Dictionary is: "one having an
interest(as control, present use, or usufruct) less than absolute and exclusive right."
I think a life estate falls within the definition.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner @albemarle.org
From: Christopher Perez
Sent: Monday, December 02, 2013 12:46 PM
To: Edward D. Campbell
Cc: Jones, Greg
Subject: RE: Sub2013-161 Bundoran Farm
Edward,
Yes, I am awaiting County Attorney response on how to move forward with the information you provided me about the
Life Estate.
Today is the ft day back from Thanksgiving vacation,the message was forwarded to the County Attorney on our last day
in the office.
I hope to have the information for you soon.
Ilry,,t(xt)l.,!. P. Perez Senior Planner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road(Charlottesville,VA 22902
434.296 5832 ext.3443
From: Edward D. Campbell [mailto:ECampbell(aroudabush.com]
Sent: Monday, December 02, 2013 9:35 AM
To: Christopher Perez
Cc: Jones, Greg
Subject: Sub2013-161 Bundoran Farm
Chris,
Did I understand that you were checking to see if Fred needed to sign the plat since he "just" has life rights and does not
own Parcel 45? I had noted that he is okay with the division and would sign the plat if needed but I need to make sure of
where we stand. Adding another approval block and notary block would cramp Sheet 1; can be done but I don't want to
make the changes until absolutely necessary.
Edward D. Campbell III
Roudabush, Gale and Assoc.
914 Monticelio Road
Charlottesville, Virginia 22902
434 077-020S
Christopher Perez
From: Christopher Perez
Sent: Wednesday, November 27, 2013 12:21 PM
To: Greg Kamptner
Cc: Bill Fritz
Subject: FW: SUB2013-161 Bundoran Farm.
Greg,
Highlighted below is the applicant's response on the Fred Scott Jr. Life Estate situation. Per their email below
they have previously discussed this subdivision with Fred and he is ok with it. They even state that they are ok
with adding his name to the plat and having him sign the plat too. I think that solution will work just fine. Are
you in agreeance or do you have reservations or some other way you'd prefer they do this? Please let me know.
Thanks
Christopher P. Perez 1 Senior Planner
Department of Community Development(County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
From: Edward D. Campbell [mailto:ECampbeIk roudabush.com]
Sent: Wednesday, November 27, 2013 9:06 AM
To: Christopher Perez
Subject: RE: SUB2013-161 Bundoran Farm.
Chris,
As to the issue of Mr.Scott's acceptance to this subdivision I have heard back from Greg Jones that Fred is okay with the
division. I am sure he "say-so" is not enough for your records so what do you need?What will satisfy the County the
best? If it is simply a matter of him signing an Owner's Approval block He has agreed to do so.This may be the simplest
way to go if it works for you. I can reference his Life Estate on the plat.
Edward D. Campbell III
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
From: Christopher Perez [mailto:cperez(aalbemarle.orq]
Sent: Monday, November 25, 2013 4:46 PM
To: Edward D. Campbell
Subject: RE: SUB2013-161 Bundoran Farm.
Mr. Campbell,
SUB2013-161 Bundoran Farm.
I have completed my review of the proposal and provide the attached comments.
Also attached is the correct application for the proposed subdivision(comment#1).
1
f
i
If you have any questions please let me know. Thanks
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
2
�.r v
Chrher Perez
From: Christopher Perez
Sent: Monday, November 25, 2013 5:50 PM
To: Greg Kamptner
Subject: RE: SUB201300161 Bundoran Farm
Greg,
I have provided the applicant of Bundoran Subdivision with a comment requesting more information about Fred
Scott Jr. and his life estate. Below is my comment to the applicant. Once the applicant provides some type of
information about Mr. Scott Jr I will forward it on to you for consideration. See below the applicable comment
from my review letter. Thanks
" [14-302B. 14-303(D),(0)] On the plat the owner information and signature for TMP 86-45 only provides for Matthew
Spence, CEO of Bundoran Farm; however, County real-estate records provides this parcel of land with two(2)tax map
parcels,with the second being TMP 86-22B,which is 2 acres owned by A Life Estate For Fredrick W Scott Jr. Parcel X
appears to be within,or very close to,the 2 acre Life Estate of Mr. Scott Jr,and as a life tenant,he has the right to the use
and enjoyment of that Estate.
Staff has put a request into the County Attorney's office to determine if the owner information for TMP 86-22B is
required to be provided on the plat and whether or not Mr. Scott Jr. is required to sign the plat prior to the approval of the
plat.
To aid in the County Attorney's review of the above please provide the following information: Has the applicant already
worked this proposal out with Mr. Scott Jr, and is Mr. Scott Jr in agreement with the proposed subdivision?Please provide
any pertinent information regarding Mr. Scott Jr's acquiescence to this proposed subdivision."
t:hr€st€iphe; P. Poe?. Senior Planner
Department of Community Development!County of Albemarle,Virginia
401 McIntire Road Charlottesville.VA 22902
434.296.5832 ext.3443
From: Greg Kamptner
Sent: Friday, November 15, 2013 4:02 PM
To: Christopher Perez
Subject: SUB201300161 Bundoran Farm
Chris-
This is an interesting question and I won't have a final answer for you until after I return to the office on November 25.
The short answer is that Fred Scott, as a life tenant, most likely is not an "owner" within the meaning of the Subdivision
Ordinance or the State Subdivision Law. I also don't think he would be considered as an owner under the Subdivision
Ordinance merely because he shows up in the tax records because the County has assigned to two parcels for this land—
one to tax the fee interest, one to tax the life estate. Moreover, it may be inappropriate for Fred to sign the plat
because, as the life tenant, he does not have the power to divide the land, sell any portion of it(other than to transfer
the life estate), or dedicate or convey easements in conjunction with a subdivision plat (which does not appear to be the
case here anyway).
The issue that gives me pause is that Parcel X appears to be within, or ver'close to, the 2 acre life estate the Fred
reserved fo hi^Hs 'f, and as a life tenant, he has the right to the use an ' c joyment of that estate.The Bundoran
developers may have already worked` '"fs out with Fred,and he is already in agreement with the proposed subdivision.
Perhaps the first thing to do is to ask the developer to provide us with any information they have regarding Fred's
acquiescence to this proposed subdivision. Even assuming that Fred is not an"owner"for subdivision purposes, it will
smooth the process if we know the subdivision does not interfere with his rights as the life tenant.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner @albemarle.org
Christopher Perez
From: Christopher Perez
Sent: Monday, November 25, 2013 4:46 PM
To: 'Edward D. Campbell'
Subject: RE: SUB2013-161 Bundoran Farm.
Attachments: Subdivision_Plat_Final_&_Checklist.pdf; CD1_Bundoran Farm 11-25-13.pdf
Mr. Campbell,
SUB2013-161 Bundoran Farm.
I have completed my review of the proposal and provide the attached comments.
Also attached is the correct application for the proposed subdivision (comment#1).
If you have any questions please let me know. Thanks
Chris;€opher P.Perez;Senior Planner
Department of Community Development'County of Albemarle.Virginia
401 McIntire Road l Charlottesville.VA 22902
434.296.5832 ext.3443
From: Edward D. Campbell [mailto:ECampbell@ roudabush.com]
Sent: Friday, November 22, 2013 8:57 AM
To: Christopher Perez
Subject: RE: SUB2013-161 Bundoran Farm.
Chris,
Thanks for the update. We realize you guys have a schedule but when the client asks for an update from us we need to
comply.Your response will take the heat off for a bit.
I will look for your comments.
EDCIII
Edward D. Campbell III
Roudabush, Gale and Assoc.
914 Monticello Road
Charlottesville,Virginia 22902
434 977-0205
From: Christopher Perez [mailto:cperezCa�albemarle.orq]
Sent: Friday, November 22, 2013 8:40 AM
To: Edward D. Campbell
Cc: Johnathan Newberry
Subject: SUB2013-161 Bundoran Farm.
Mr.
pi_. ',ar V,'h` V.FS assignee. t .: ? c 1 Mt W' 62 s it do aar? F r .
The project was submitted on 10-29-757.1r and distributed for staff review on 11-5-13,thus comments are truly due to the
applicant on Tuesday, November 26.
Regardless I hope to finalize my comments today and send them to you by the end of today or by midday Monday
(time/schedule permitting).
Christopher P. Pere/ Senior Planner
Department of Community Development County of Albemarle.Virginia
401 McIntire Road Charlottesville,VA 22902
434.296.5832 ext.3443
From: Johnathan Newberry
Sent: Thursday, November 21, 2013 5:12 PM
To: Edward D. Campbell
Cc: Christopher Perez
Subject: RE: 86-45
Hey Ed,
The most recent SUB application number on this parcel is SUB201300161 and Chris Perez is the Planner. Here's his
contact info:
Christopher P. Pere/ Senior Plattner
Department of Community Development 1County of Albemarle,Virginia
401 McIntire Road Charlottesville,VA 22902
434.296.5832 ext.3443
If that's not correct,then let me know and we'll figure it out.
Thanks,
J.T. Newberry
Planner
County of Albemarle, Planning Division
434-296-5832, ext. 3270
From: Edward D. Campbell [mailto:ECampbell(a>roudabush.com]
Sent: Thursday, November 21, 2013 10:30 AM
To: Johnathan Newberry
Cc: Jones, Greg
Subject: 86-45
JT,
I am hoping you have this subdivision submittal from three weeks ago. I do not know the SUB number. It is a 2.3+/-AC.
division of Lot A16. The client has a Dec. 15th closing date and has requested an update. Are you the man on this? If not
is it possible for you to put me in touch with the proper planner?
Thank you for any help you can provide,
EDCiII
,_.,.ware C Car;nb�el! III
and Assoc.