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Home My WebLink AboutSUB201300048 Correspondence Christopher Perez From: Kirtley, Joshua (VDH) [Joshua.Kirtley @vdh.virginia.gov] Sent: Tuesday, June 18, 2013 6:50 PM To: Christopher Perez Subject: RE: Mark Lyons soil information SUB2013-48 BLA Good evening, Chris.Thanks for your email. I have reviewed the available soils work on file here at the Health Department and have met with Mr. Lyons in person to discuss his proposal. From the information that you submitted to me on June 6, 2013, as well the information on file, I have no objection to the proposed BLA as proposed. The boundary lines appear to not encroach upon the existing septic system nor do they impact the previously approved reserve area(s). If you have any questions, please let me know. Josh Kirtley Environmental Health Technical Consultant Onsite Sewage and Water Programs Thomas Jefferson Health District 1138 Rose Hill Drive Charlottesville, Virginia 22903 Office (434) 972-6288 From: Christopher Perez [mailto:cperez @albemarle.org] Sent: Tuesday, June 11, 2013 10:34 AM To: Kirtley, Joshua (VDH) Subject: RE: Mark Lyons soil information SUB2013-48 BLA Josh, I have an application in my office for a Boundary Line Adjustment(BLA) of a property (TMP 58-3C2) in which the existing lot is going from 10+ acres down to 3.311 acres. Per County Ordinance requirements the applicant needs to get Health Department(HD) approval to assure that the lot which is being reduced to below 5 acres has adequate primary and reserve septic onsite. I'm seeking some type of Health Department approval that either the previous approval is still valid OR that the property has adequate primary and reserve onsite being its going below 5 acres. This can be done in either the standard Health Department letter or through an email stating such. If you have any questions, give me a call. 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: Kirtley, Joshua (VDH) [mailto:Joshua.Kirtley @vdh.virginia.gov] Sent: Monday, June 10, 2013 7:13 PM To: Christopher Perez Subject: RE: Mark Lyons soil information SUB2013-48 BLA Chris: 1 I wanted to let you know that I've+rrViewed the previous correspondence t 1`N"at you forwarded along with some additional information for the Mark Lyons BLA. At this point, I have some questions for Mr. Lyons and I have set up a meeting to meet tomorrow morning at 8:30. These questions are minor and if everything is good to go, what would you need from me to satisfy County requirements? If you need the standard approval letter, please forward the request to review letter and a copy of the surveyed plat from Mr. Stanley. If everything works ok, I should be able to get you something out on this one pretty quick. Josh Kirt ley Environmental Health Technical Consultant Onsite Sewage and Water Programs Thomas Jefferson Health District 1138 Rose Hill Drive Charlottesville,Virginia 22903 Office (434) 972-6288 From: Christopher Perez [mailto:cperez @albemarle.orq] Sent: Monday, June 10, 2013 4:35 PM To: Kirtley, Joshua (VDH) Subject: RE: Mark Lyons soil information SUB2013-48 BLA I just want to assure you are aware of it and are looking into it. It's something I plan to deal with when I get back. Christopher P. Pere:I Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road Charlottesville.VA 22902 434.296.5832 ext.3443 From: Kirtley, Joshua (VDH) [mailto:Joshua.Kirtley @vdh.virginia.gov] Sent: Monday, June 10, 2013 4:28 PM To: Christopher Perez Subject: RE: Mark Lyons soil information SUB2013-48 BLA Chris: I received the email but haven't gotten a chance to review it yet. Since you're leaving on Wednesday, I will try to take a look at it and let you know something by tomorrow. If you're not around, is this something that you're forwarding to another staff member or something that you'll address when you return? Josh Kirtley Environmental Health Technical Consultant Onsite Sewage and Water Programs Thomas Jefferson Health District 1138 Rose Hill Drive Charlottesville, Virginia 22903 Office (434) 972-6288 From: Christopher Perez [mailto:cperez albemarle.orq] Sent: Monday, June 10, 2013 4:12 PM 2 To: Kirtley, Joshua (VDH) vow """ Subject: Mark Lyons soil information SUB2013-48 BLA Josh, I am resending the email from Friday to touch base with you to assure you received the below email which I sent on Friday of last week. Confirmation you received this would be much appreciated. I'll be outta the office starting Wednesday and won't be back till June 18th. I wanted to get it on your radar. Thanks Christopher P,Pei~er_I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent:Thursday,June 06, 2013-5:17 PM To: Josh Kirtley Subject: Mark Lyons soil information SUB2013-48 BLA Josh, I have an application in my office for a Boundary Line Adjustment(BLA) of a property (TMP 58-3C2) in which the existing lot is going from 10+acres down to 3.311 acres. Per County Ordinance requirements the applicant needs to get Health Department(HD) approval to assure that the lot which is being reduced to below 5 acres has adequate primary and reserve septic onsite. Please note that the resulting 3.311 acres contains the existing home. The applicant provided soil work/Health Department Approval for the lot from a previous 2010 HD approval (Jan 4, 2010, see attached document) from a proposed 5 acres subdivision application,this subdivision was never approved by the County because of other issues. In the attached HD approval does it states that if any alterations from the application or changes where to occur from what was submitted on the application then the HD approval would be void. It seems pretty clear from a review of the plat that the P/R will remain onsite, but I need a valid HD approval stating such. The current Boundary line Adjustment proposal under review in our office today is a different proposal then previously approved by the HD, which is altering the lot shape and acreage since the previous approval by the HD. However County staff seeks verification from the Health Department as to whether the previous approval can remain valid for the BLA. OR County staff would like clarification from the HD that it is not valid for the current proposal and needs to be revised and reapplied for? See the attached version of the BLA plat which is currently under review in our office (Lyons 6-5-13). If you have any questions,please give me a call. Please note, I am working with Tim Stanley on this project, so if you have any questions and feel he would be better to answer, please contact him. Thanks for your help. Christopher P.Perez j Senior Planner Department of Community Development(County of Albemarle.Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 3 Christopher Perez From: Christopher Perez Sent: Tuesday, June 11, 2013 1:03 PM To: 'Mark Lyons-Corporate Living' Subject: RE: SUB201300048 Mark Lyons- BLA Mark, I'm waiting to hear back from Josh on the issue. As noted in the June 6th email below it appears Health Department approval is all we're waiting on. All other items were previously addressed. Also, see my responses to your previous email in red. 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: Mark Lyons- Corporate Living [mailto:mark @acliving.com.au] Sent: Tuesday, June 11, 2013 10:13 AM To: Christopher Perez Subject: RE: SUB201300048 Mark Lyons - BLA Chris, I met with Josh Kirtley early this morning and I believe he has no issues with the proposal and will email you confirmation of the same today. I emailed him this morning and have not received anything on this item yet. Tim Stanley tells me that you are going on vacation in the next day or so.That is correct, but I'll be back on the 18th. Is it possible to get this approved prior to your departure? I need Health Department approval before I can have this approved. Assuming there are no other issues, I can go down to Tim's office in Palmyra and collect the revised plat and bring it immediately to your office. Yes, you can. Please note I cannot get this plat signed/approved till we have HD approval. Also assure that the owner signs and notarizes the plat in the presence of a notary or else the Agent cannot approve the plat. Kind regards, Mark Lyons 434-2490565 From: Christopher Perez [mailto:cperez@albemarle.orq] Sent: Thursday, June 06, 2013 2:37 PM To: Tim Stanley Cc: mark(aacliving.com.au Subject: RE: SUB201300048 Mark Lyons - BLA Tim, This email is to follow up on your questions: 1)As previously discussed, on the final plat which gets recorded you need to show the building site, which you have done in the most recent emailed version._ 2) Soil work: My initial April 26, 2013 comment letter requested Health Department(HD) approval (see below for previous comment). In response to that comment you provided me the previous 2010 HD approval (Jan 4, 2010) from the 5 acres subdivision application. However, the current proposal under review in our office today is a different proposal, which is altering the lot shape and acreage since the previous approval by the HD, thus 1 the previous HD approval is void`drd does not apply to this application. I can forward the HD the previous documentation from 2010 and today's BLA plat and request they verify that this is either valid or not valid for the proposal. Or you can provide new soil work for today's proposal and I'll send it to them for review/approval. Which do you prefer? In the mean time while I'm awaiting your decision, I'll forward the previous version of the HD documents and the new plat to the HD in an effort to get Josh Kirtley's opinion on this. I'll let you know once I hear from them. Call me if you have any questions. Thanks April 26,2013 Comment Letter, Comment#2 [14-309 & 14-310] Soil evaluations; Health Director Approval of wells and septic systems. With this proposal TMP 58-3C is being reduced to below 5 acres, as such County staff must assure that the lot has both a primary and reserve drainfield location onsite. If the existing home has a primary system but lacks a reserve drainfield location, one shall be located by the applicant and approved by the Health Department at this time. Provide documentation of Health Department approval of primary and reserve drainfields for the revised TMP 58-3C. OR provide three copies of the results of percolation tests or other methods of soil evaluation used to determine the suitability of the soil for septic systems with conventional drain fields for review and approval by the Health Department. All other comments seem to be addressed with the most recent submittal. Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road i Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Wednesday, June 05, 2013 9:21 AM To: 'Tim Stanley' Subject: RE: SUB201300048 Mark Lyons - BLA Tim, I'll respond to your email today. From the looks of things after a quick review of the plat you are not showing the building site on the plat? Because this is such a tight situation and the previous action on the plat with regard to the lack of a true building site...I'm going to need you to show the building site on the final plat which gets recorded. I'll do a thorough look over of this pdf plat today. Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Tim Stanley [mailto:timOstanleylandsurveys.com] Sent: Tuesday, June 04, 2013 2:53 PM To: Christopher Perez Cc: markCa�acliving.com.au Subject: RE: SUB201300048 Mark Lyons - BLA 2 N Chris, Thanks for getting back to me.Would it be possible for you look it over before I get signatures?What do you need for soil work?Are the drain fields I am showing okay? Thanks Tim From: Christopher Perez [mailto:cperez @albemarle.org] Sent: Tuesday, June 04, 2013 12:03 PM To: Tim Stanley Cc: forbes.reback @bbrs.net Subject: RE: SUB201300048 Mark Lyons - BLA Tim, I've since looked over your recent email draft submittal and it looks good. Glad you were able to field locate the required 30,000 SF rectangle buildable area. Please officially submit the revised plat assure you revise the plat to address the other remaining comments. 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 From: Tim Stanley [mailto:tim @stanleylandsurveys.com] Sent: Thursday, May 30, 2013 11:55 AM To: Christopher Perez Cc: forbes.reback@bbrs.net Subject: RE: SUB201300048 Mark Lyons - BLA Chris, After checking the topo in the field we were able to get a building area that conforms to the county code with the exception of the reserve drain field which the client will have to move to within the building area. Could I ask you to please review the plat before we resubmit and the client goes to further expense? Thanks Tim From: Christopher Pere Chris, z [mailto:cperez@albemarle.orq] Sent: Friday, April 26, 2013 5:27 PM To: Tim Stanley Subject: SUB201300048 Mark Lyons - BLA 3 Tim, -wow Attached is the comment letter for SUB201300048 Mark Lyons. Let me know if you have any questions. 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 4 Christopher Perez From: Christopher Perez Sent: Wednesday, May 15, 2013 9:28 AM To: 'Tim Stanley' Cc: David Benish Subject: RE: SUB2013 -48 Mark Lyons BLA Attachments: SUB2012 -37 Dollens BLA.pdf Tim, I refute your claims that the County is discriminating against your client, as that is not the case. Per your suggestion I pulled the file for the Dollens BLA and re- acquainted myself with that project. After my review of the file it appears that these two projects; Dollens and Mark Lyons, are both Boundary Line Adjustments and both deal with the building site section of the ordinance; however, other than that they are not the same situation. It appears the original 2.784 acre lot with the existing house had a building site that met the requirements of the ordinance on the opposite side of the critical slopes and the stream buffer. The other lot 10.248 acres had a building site on it as well; however, it was extremely elongated and did not meet the 5 to 1 rectangle criteria due to critical slopes. Your initial proposal for the Dollens BLA did not provide a 30,000 SF area for the new 13.032 acre lot (with the existing home). Thus staff had you revise the plat to modify property lines to provide such an area. This yielded the current lot shape to allow the 13.032 acre lot to have the required 30,000 SF buildable area. Staff did not require the 5 to 1 rectangle in this circumstance because the proposal did not have one to begin with rather we'd be make the existing lot's buildable area more conforming with the BLA. See the attached PDF of my notes from the May 9, 2012 meeting that we had on the Dollens BLA that your previous client Crystal, myself, Bill, Francis and yourself attended. The Mark Lyons BLA does the exact opposite from what is mentioned above: it takes a currently conforming lot with a 30,000 SF building area which meets the 5 to 1 rectangle criteria, and rearranges boundary lines so the proposed 3.311 acre lot becomes less conforming and does not meet the 5 to 1 rectangle criteria. If you have any questions do not hesitate to ask me. I hope this email helps clears things up. Thanks Christopher P. Perez I Senior Planner Department of Community Development JCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 - - - -- Original Message---- - From: Tim Stanley [ mailto :tim @stanleylandsurveys.com] Sent: Tuesday, May 14, 2013 2:34 PM To: Christopher Perez Subject: RE: SUB2013 -48 Mark Lyons BLA Importance: High Chris, 1 I have pulled the file I mentioned to you that you reviewed and the county approved last year. It was for Tax Map 71- 30(00037 Dollens -BLA). As you will see it is the same situation as we have for the Lyons property. The proposed building site is not a rectangle either. After discussing the matter with my client we feel that he is being discriminated against. We are going to check the critical slopes tomorrow in the hope that we can come up with an area that would be more rectangular in shape and can be quickly approved. Thanks Tim - - - -- Original Message---- - From: Christopher Perez [mailto:cperez @albemarle.org] Sent: Monday, May 13, 2013 12:16 PM To: Tim Stanley Subject: RE: SUB2013 -48 Mark Lyons BLA Tim, I have not had time to jump back on this project. I have what you submitted via email printed out and I hope to look at it in detail early this week. I'll let you know. Thanks Christopher P. Perez I Senior Planner Department of Community Development JCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 - - - -- Original Message---- - From: Tim Stanley [ mailto :tim @stanleylandsurveys.com] Sent: Tuesday, May 07, 2013 3:00 PM To: Christopher Perez Subject: RE: SUB2013 -48 Mark Lyons BLA Importance: High Chris, Attached is a possible solution to showing the the sketch that Roger Ray submitted showing the ft. area. This area I show meets the 5:1 ratio. Thanks Tim building site. The drainfieds are taken from 39,786 sq. Let me know if this is acceptable. - - - -- Original Message---- - From: Christopher Perez [mailto:cperez @albemarle.org] Sent: Monday, May 06, 2013 4:51 PM To: Tim Stanley Subject: SUB2013 -48 Mark Lyons BLA Tim, 2 This special exception request as permitted by Section 33.5 does not have a fee associated with it. Please note that this application /request will be required to go to both the Planning Commission (PC) and the Board of Supervisors (BOS) for review /approval. The PC will review it and make a recommendation, after which the BOS will review it and then make the final decision. As you requested attached is the denial letter from the agent on the initial waiver request. Also, I'd like to backtrack on the Health Department review /approval. I have since re- examined the HD approval /documentation that you provided me via email and it appears that documentation was not for this same parcel layout /acreage. While the general lot location is the same, the proposed BLA would lessen the acreage for the lot even further than what was previously reviewed /approved by the HD. Being this Special Exception will have to go to the PC and the BOS for review we need to assure the Health Department reviews the current proposal /layout. Thus we'll need to request Health Department re- review the soil work to assure that this new 3.311 acre lot is approvable by the Health Department before we take the Special Exception to the PC and the BOS. Sorry for the confusion. Please provide soil for the revised lot layout and I'll send it to the Health Department for their review /approval. Christopher P. Perez I Senior Planner Department of Community Development lCounty of Albemarle, Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 3