HomeMy WebLinkAboutSUB201400042 Review Comments 2014-02-28 'NNW' 'vrri
Johnathan Newberry
From: Johnathan Newberry
Sent: Wednesday, April 02, 2014 12:51 PM
To: 'Kristen Sukovich'
Cc: Francis MacCall; David Benish
Subject: RE: FW: FOXCHASE LOT 3 AND RESIDUAL 1
Attachments: FW: FOXCHASE LOT 3 AND RESIDUAL 1
Kris,
Here is a clarification of how the revised plan was submitted and approved.
First, if I mentioned a notification process,then it was in the context of explaining the County's public hearing process
when we first met in our lobby late last year. At that time,we were brainstorming possible solutions to your concerns
without having all the information. We worked with other divisions-- Erosion and Sediment Control and Zoning--to
figure out if there was anything we could do proactively with regards to tree protection. Ultimately,they explained
there was not anything they could do unless trees had been removed without permission or in violation of the
conservation plan. In exploring these options, I explained that"underbrush"was not considered eligible for tree
protection because the ordinance applies protection to trees that are "six(6) inches in diameter measured at six(6)
inches above ground."
Later, I forwarded an email (attached)with a more fully researched answer about how the protection was established
and the process that would need to be followed to change it.
On March 24th, I informed you the developer had submitted a revised plan under our March 10th submittal deadline and
we were reviewing it. I made a site visit and required revisions to the revised plan.
Finally, last Friday, I issued conditional approval of the latest revised plan after finding that it met the requirements of
the ordinance. I forwarded you the conditionally approved revised plan as soon as I could.
I did my best to keep you informed of each step in this process. I believe I forwarded every communication I had with
the developer so that you could see exactly what was being required and acted upon.
J.T. Newberry
Planner
County of Albemarle, Planning Division
434-296-5832, ext. 3270
From: Kristen Sukovich [mailto:krisandkidz5 @gmail.com]
Sent: Tuesday, April 01, 2014 6:44 PM
To: Johnathan Newberry
Subject: Re: FW: FOXCHASE LOT 3 AND RESIDUAL 1
JT,
On this map, David is allowed to remove the cluster of trees that were part of the 2005 agreement for tree
protection? You had told me that we would be notified if that was to happen. What is up with.that? Can you
please clarify this? You said that he was going to remove the under brush only.
Thank you,
Kris Sukovich
On Fri, Mar 28, 2014 at 5:09 PM, Johnathan Newberry<jewberry @albemarle.org>wrote:
The revised landscape plan was approved today and I'm providing the PDF since we've been communicating about it.
Ultimately,the condition reads that"No trees will be planted within 10 feet of Tax Map 56G, Parcel 32." This
quantitative condition will be more easily enforced than one that's open to interpretation.
From: Johnathan Newberry
Sent:Tuesday, March 25, 2014 6:19 PM
To: 'Kristen Sukovich'
Cc: Francis MacCall
Subject: RE: RN: FOXCHASE LOT 3 AND RESIDUAL 1
Here is my last communication with David Mitchell. I'm planning to provide a conditional approval as described below.
From: Johnathan Newberry
Sent: Monday, March 24, 2014 6:02 PM
To: 'David Mitchell'
Cc: Francis MacCall
Subject: RE: Foxchase neighbor
David,
Your revised plan fell under our March 10th submittal deadline, so our review schedule requires that comments be
provided back to you no later than March 315t
I have been out to the site and reviewed the revised plan. I have just a couple comments:
1.
I'm inclined to approve it with a condition that states "Plantings in any areas a: '-, _.-_ ' "Tree Protection'
shall be situated such that they can be maintained at full canopy without trespass'ai` —:,;�erties." This
condition ensures these plantings will not be detrimental to adjacent properties a a;.:;ance.
2. One other minor change is needed--the current landscape schedule calls for 19 Leyland Cypress trees, but only 18
trees are shown on the plan.
If you are pressed for time,then you can make these changes to the plans you've already submitted the next time you
are at our office. Otherwise, if you agree, I'll make the changes above to the plans and mail a copy out to you the week
of March 31st. Please let me know what works best for you.
Finally, I should note that moving forward with any proposed plantings or tree removal prior to receiving an approved
plan is considered to be done at your own risk.
J.T. Newberry
Planner
County of Albemarle, Planning Division
434-296-5832. ext. 3270
From: Kristen Sukovich [mailto:krisandkidz52agmail.com]
Sent: Tuesday, March 25, 2014 10:12 AM
To: Johnathan Newberry
Subject: Re: FW: FOXCHASE LOT 3 AND RESIDUAL 1
Was that new plan approved and when.
Kris
On Monday, March 24, 2014, Johnathan Newberry <jnewberrva,albemarle.org>wrote:
Yes, he discussed a revised landscape plan with us in February and then formally submitted r plan under the March 10th
submittal deadline.
To my knowledge, the County does not survey any property tha- it doesn't own.
From: Kristen Sukovich [mailto:krisandkidz5gmail.com]
Sent: Monday, March 24, 2014 8:35 AM
To: Johnathan Newberry
Subject: Re: FW: FOXCHASE LOT 3 AND RESIDUAL 1
Good morning Mr.Newberry,
I am wondering if David Mitchell has sought any further improvements or changes to Foxchase Landing
property?
Also, does the county have to survey the property?
Kris Sukovuch
On Friday, January 31, 2014, Johnathan Newberry<jnewberry(a,albemarle.org>wrote:
Sorry for the slow response to your request earlier this week. It took me a while to do the research and
communicate with my colleagues about the conservation plan. I have attached it for your review.
I am also forwarding below the message I have sent to the developer and prospective buyers of Lot 3.
If you have any questions, please let me know.
Thanks,
J.T. Newberry
Planner
County of Albemarle, Planning Division
434-296-5832. ext. 3270
From: Johnathan Newberry
Sent: Friday, January 31, 2014 6:13 PM
4
To: cromer.dawn0gmail.com; 'Damon Cromer'
Cc: JIM DUNCAN; 'David Mitchell'; Francis MacCall
Subject: RE: FOXCHASE LOT 3 AND RESIDUAL 1
Mr. and Mrs. Cromer,
This email is in response to your request for written verification that a proposed boundary line adjustment
would be possible for Lot 3 in the Foxchase Landing subdivision. Thanks for working with Mr. Mitchell to
provide a sketch to review. Francis MacCall and I have looked over the sketch and did not see anything that
stood out to us as preventing such an adjustment from being approved by the County.
That said, I do want to provide some further information that may impact how Lot 3 and other lots in Foxchase
Landing are developed with regard to tree conservation.
Because this development was reviewed under both the density bonus and cluster provisions of the R-1
zoning district, one condition of preliminary approval in 2006 was the submittal of a conservation plan. That
plan (attached) shows a "tree protection area" across the existing Lots 1 and 2 and it appears to encroach on a
revised Lot 3 (as proposed in the sketch). I don't know if it necessarily impacts your building plans, but I
thought you should be aware of it.
If you have any questions, please let me know.
Thanks,
5
Johnathan Newberry
From: David Mitchell [david @southern-classic.com]
Sent: Monday, March 24, 2014 7:15 PM
To: Johnathan Newberry
Cc: Francis MacCall
Subject: RE: Foxchase neighbor
That's fine...just make the changes.
I've got the trees 10 ft off property line....typical 20 ft canopy for mature red maple. Of course the canopy will
grow to the sun so that would be away from neighbors and toward the subdivision road.
David G.Mitchell
Please forgive brevity this is being sent from my Samsung Galaxy SO4
Original message
From: Johnathan Newberry
Date:03/24/2014 6:01 PM (GMT-05:00)
To: David Mitchell
Cc: Francis MacCall
Subject: RE: Foxchase neighbor
David,
Your revised plan fell under our March 10th submittal deadline, so our review schedule requires that comments be
provided back to you no later than March 31St
I have been out to the site and reviewed the revised plan. I have just a couple comments:
1. I'm inclined to approve it with a condition that states"Plantings in any areas labeled as'Added Tree Protection'
shall be situated such that they can be maintained at full canopy without trespassing onto adjacent properties."
This condition ensures these plantings will not be detrimental to adjacent properties as required by the
ordinance.
2. One other minor change is needed --the current landscape schedule calls for 19 Leyland Cypress trees, but only
18 trees are shown on the plan.
If you are pressed for time,then you can make these changes to the plans you've already submitted the next time you
are at our office. Otherwise, if you agree, I'll make the changes above to the plans and mail a copy out to you the week
of March 31st. Please let me know what works best for you.
Finally, I should note that moving forward with any proposed plantings or tree removal prior to receiving an approved
plan is considered to be done at your own risk.
J.T. Newberry
Planner
a..r✓
County of Albemarle, Planning Division
434-296-5832, ext. 3270
From: David Mitchell [mailto:david( southern-classic.com]
Sent: Sunday, March 23, 2014 12:28 PM
To: Johnathan Newberry
Cc: Francis MacCall
Subject: Foxchase neighbor
Just FYI... I had my surveyors stake Lots 1 thru 3 and walked with my landscape contractor the proposed
locations of plantings.
Saturday or Sunday the neighbor down the hill accosted my contractors and claimed the irons set were incorrect
and we could not plant the trees because they were on her property.
Commonwealth Survey set the irons for these 3 lots (and all the others). I believe them to be correct. I'm
planting trees Monday AM.
My landscape contractor tells me the maples have to be installed b4 they start to bud....ie now.
I have not received your final approval however I wanted to get this going so I can start a spec house on Lot#1
and the time issue with the maples.
I'm sure you will hear from the neighbor Monday AM.
What is the status of the revised landscape plan?
David G.Mitchell
Please forgive brevity this is being sent from my Samsung Galaxy S®4
2
Johnathan Newberry
From: David Mitchell [david @southern-classic.com]
Sent: Friday, February 21, 2014 4:11 PM
To: Johnathan Newberry
Subject: RE: FOXCHASE LOT 3 AND RESIDUAL 1
JT just checking on on my modification of tree conservation area at Foxchase Landing. Not
looking for answer just want to make sure you have all the info you need.
David G. Mitchell
Southern Classic, Inc.
186 Terrell Road East
Charlottesville, Va 22901
434-202-1976 - Phone
434-202-7104 - Fax
From: David Mitchell
Sent: Tuesday, February 11, 2014 4:10 PM
To: Johnathan Newberry
Subject: RE: FOXCHASE LOT 3 AND RESIDUAL 1
JT. I have my request for Variation/Waiver per Section 32.7.9.3 ready with drawings and
pictures.
I will submit today or tomorrow.
thx
David G. Mitchell
Southern Classic, Inc.
186 Terrell Road East
Charlottesville, Va 22901
434-202-1976 - Phone
434-202-7104 - Fax
From: Johnathan Newberry [jnewberry @albemarle.org]
Sent: Wednesday, February 05, 2014 5:36 PM
To: Dawn Cromer
Cc: Damond; Matthew Gruber; Jim Duncan; David Mitchell; Francis MacCall
Subject: RE: FOXCHASE LOT 3 AND RESIDUAL 1
All,
I've attached the original executive summary and staff report for the Foxchase Landing
preliminary plat for two reasons: 1) to provide further background; and 2) to show that the
conservation plan was a condition of the Planning Commission's original approval. Please
note the language of the condition:
1. [13.4.1] A conservation plan as specified in section 32.7.9 must he app^oved by the
Zoning & Current Development Division of the Department of Community Development with a copy
of the original conservation plan and all subsequent revisions to be Suom_ 72C to the Zoning
& Current Development Division.
It specifically states that "all subsequent revisions" be submitted to thE: 1. °ig and Current
Development Division. Therefore, we can administratively consider a reviser; conservation
plan.
i
Now, Niue
The second document I've attached is the procedure that existed at the time of approval for a
variation or waiver of a plan approved under Section 32.7.9. More specifically in this case,
the procedure to follow is found in Section 32.7.9.3 (c). As I understand it, Mr. Mitchell
can submit a written request to our office that states "the reasons and justifications for
such request together with such alternatives as may be proposed by the developer." Staff can
then administratively "approve, approve with conditions, or deny such request." I have not
seen such a request reviewed in my time here, nor does it appear that the ordinance provides
specific guidance for how staff should consider such a request (which is distinct from some
other types of variation or waiver requests).
So, we can consider a revised plan submitted under this procedure, but until it is revised
otherwise, we would not be able to approve a building permit for any structures shown within
the "limits of the tree protection areas" on the conservation plan.
Thanks,
J.T. Newberry
Planner
County of Albemarle, Planning Division
434-296-5832, ext. 3270
From: Johnathan Newberry
Sent: Tuesday, February 04, 2014 5:06 PM
To: 'Dawn Cromer'
Cc: Damond; Matthew Gruber; Jim Duncan; 'David Mitchell' ; Francis MacCall
Subject: RE: FOXCHASE LOT 3 AND RESIDUAL 1
Thanks for providing this information.
After discussing the issue further today, I found a process to propose modifying the existing
conservation plan and I will layout the application procedure in an email tomorrow.
Thanks and sorry for the delay.
J.T.
From: Dawn Cromer [mailto:cromer.dawn @gmail.com]
Sent: Monday, February 03, 2014 3:38 PM
To: Johnathan Newberry
Cc: Damond; Matthew Gruber; Jim Duncan
Subject: Re: FOXCHASE LOT 3 AND RESIDUAL 1
Mr. Newberry,
Thanks for speaking to my husband and I today regarding the tree conservation of Foxchase
Landing. Attached are more details as to the area of trees that our proposed homesite would
be affected by these trees. As we informed you this morning, we've been looking at this lot
since October and have not seen any growth from these trees and we believe they are to be
dead which warrants the status of should they really be in a tree conservation area if they
are indeed dead. There is also what looks like a high amount of kudzu on this cluster of
trees that could potentially be the cause of them dying.
I have included the tree conservation plan with a rough red circle drawn around the area of
concern to us. Also included are pictures of the trees from -nree di=-eren" angles on the
lot. My red X's that I drew on the trees we'd like to remove showed up as black x's but they
should still be visible. I also included an arial shot from Google maps that may help as
well.
We're happy to walk the lot with a county official to point this area out to them and discuss
it in person. Our builder is staking out the footprint of our home this week. We understand
the need for a tree conservation plan but hope this request in particular can be amended. We
hope the attached information will be sufficient evidence to bring up in your meeting
tomorrow morning but if you need additional information please let us know. We're happy to
help in any way we can to get this amended.
thanks,
Dawn & Damond Cromer
Dawn Cromer
N E S T R E A L T Y
c 434.466.6942
f 800.237.9496
e dawn @nestrealty.com<mailto:dawn @nestrealty.com>
w DawnCromer.com<http://DawnCromer.com>
NestRealty.com<http://NestRealty.com>
Licensed to sell real estate in Virginia
On Jan 31, 2014, at 6:13 PM, Johnathan Newberry
<jnewberry@ albemarle.org<mailto:jnewberry @albemarle.org» wrote:
Mr. and Mrs. Cromer,
This email is in response to your request for written verification that a proposed boundary
line adjustment would be possible for Lot 3 in the Foxchase Landing subdivision. Thanks for
working with Mr. Mitchell to provide a sketch to review. Francis MacCall and I have looked
over the sketch and did not see anything that stood out to us as preventing such an
adjustment from being approved by the County.
That said, I do want to provide some further information that may impact how Lot 3 and other
lots in Foxchase Landing are developed with regard to tree conservation.
Because this development was reviewed under both the density bonus and cluster provisions of
the R-1 zoning district, one condition of preliminary approval in 2006 was the submittal of a
conservation plan. That plan (attached) shows a "tree protection area" across the existing
Lots 1 and 2 and it appears to encroach on a revised Lot 3 (as proposed in the sketch) . I
don't know if it necessarily impacts your building plans, but I thought you should be aware
of it.
If you have any questions, please let me know.
Thanks,
J.T. Newberry
Planner
County of Albemarle, Planning Division
434-296-5832, ext. 3270
3
Review Comments
Project Name: Foxchase Landing Section One - Waiver Waiver
Date Completed: Friday, February 28, 2014
Reviewer: Johnathan Newberry
Department /Division /Agency: Planning
Reviews
Review Status: Approved
Review Comments
Project Name: Foxchase Landing Section One - Waiver Waiver
Date Completed: IThursday, February 27, 2014
Reviewer: Johnathan Newberry
Department /Division /Agency: Planning
Reviews
Emailed David Mitchell:
I've now had a chance to review your application with the original Planner on Foxchase Landing, Francis MacCall
Overall, it looks like the revisions to remove some protection areas while adding other protection areas can meet
the ordinance requirements. However, there are some concerns about the revised plan that I would like to discuss
with you and I would also like to do a site visit if I can.
Before we set that up, we need to receive the correct application and fee. Here is the link to the correct
application: (link)
You'll want to select the box "Variation to or exception from any requirement of this chapter for which a variation or
exception is authorized after approval of a final plat = $830.00"
Review Status: Requested Changes