HomeMy WebLinkAboutSUB201300172 Review Comments Final Plat 2014-03-04=LU
County of Albemarle
Department of Community Development
Memorandum
To:
Cheryl A. Stockton/ Chris Gensic
From:
Christopher P. Perez- Senior Planner
Division:
Planning Services
Date:
March 4, 2014
Subject:
SUB201300172 Ivy Creek Donation — BLA
The Planner for the Planning Services Division of the Albemarle County Department
Community Development will recommend approval of the plat referred above when the
following items have been satisfactorily addressed. (The following comments are those
that have been identified at this time. Additional comments or conditions may be added
or eliminated based on further review.) [Each comment is preceded by the applicable
reference to the Albemarle County Code.]
1. [Virginia State Code Section 15.2 -22321 Per discussions with the County
Attorney this project must go through a Comprehensive Plan Compliance review
per State Code Section 15.2 -2232.
Under section 15.2- 2232(A), the first step is to decide whether the Ivy Creek
Natural Area is shown on the County's Comprehensive Plan. The Places29
Master Plan maps (land use, green infrastructure, and other maps) specifically
delineate the Ivy Creek Natural Area as Public Open Space. Depending on the
map you look at, only a portion of the ICNA is delineated, but the delineation is
based on the actual parcel boundary, so this new area is not delineated as park
(nor is the ICNA park area delineation generalized enough to allow one to infer
that other surrounding areas were recommended to be public open space /natural
area lands. So a literal interpretation of the comp plan maps (and text about land
uses specific to this area) would indicate that a compliance review is required.
Also, because the park would be expanded by the addition of the 4 acres or so.
Under section 15.2- 2232(C), extension or enlargement of a public area such as
the park is also subject to 2232 review.
Thus this proposal shall go through a Compliance Review prior to plat approval.
There is no fee associated with the Comprehensive Plan Compliance review;
however, the proposal must go to the Planning Commission for
consideration/approval. Due to the nature of the project staff feels it's appropriate
to put the item on Consent Agenda. The Planning Commission's next available
meeting is March 25th. If this meeting is full the next available meeting would be
April 1St. To aid staff in writing the staff report for the proposal, please provide
the proposed use of the addition to the park land (buffer area, natural area, future
trails ... etc) You may respond in email or through hard cony letter.
2. [14- 303(0)] Ownership. Below is guidance from the County Attorney on how to
proceed to assure the transfer of land is correct. Please consider the options being
discussed below and contact staff on how you wish to proceed.
Because the County and the City jointly own the Ivy Creek Natural Area and it's
assumed that this land also would be jointly owned, the land should be conveyed
to the County and the City by deed. Mere recordation of the boundary line
adjustment plat would be insufficient to convey an interest to the City under the
State Subdivision Law because it is not a locality "in which the land lies"
(Virginia Code 15.2- 2265). In the alternative, if the plat dedicates the land to the
County for public use and the County is the sole owner, the recordation of the plat
would be sufficient to complete the conveyance to the County. What is your
intent, how you wish to proceed?
A. If the conveyance is to the County and the City by deed, the deed would have
to go to the Board of Supervisors to accept the conveyance (Virginia Code 15.2-
1803). The matter could be on the consent agenda with an executive summary and
a resolution authorizing Tom to accept the conveyance by his signature on the
deed. Please advise how you wish to proceed? If you choose to move forward
with a deed please provide a draft for County Attorney review/ approval.
B. If the conveyance is by dedication of the land to the County for public use in
conjunction with the plat, the signature of the subdivision agent approving the plat
would be all that is required and the matter would not need to go to the Board of
Supervisors and Tom's signature would not be required. If the conveyance is by
deed to the County and the City, only the subdivision agent would sign the plat
but Tom would sign the deed accepting the conveyance on behalf of the County.
Depending on how you choose to proceed this may change the Owner's
Certificate on sheet 1 of 2.
3. [14- 302(A)10]Right offurther division of proposed lots. The required
development rights note provided on the plat appears to be incorrect. Per staff s
development rights research it appears that TMP 44 -120 has 1 DR and cannot be
further divided. Also, it appears that TMP 44 -36B has 1 DR and cannot be further
divided. Please revise note #2 to reflect this information.
4. [14- 302(B)(1)] General information. For future submittals, please provide the
date of the last revision.
Please contact Christopher P. Perez at the Department of Community
Development 296 -5832 ext. 3443 for further information.
2
Christopher Perez
From: Greg Kamptner
Sent: Tuesday, February 04, 2014 10:17 AM
To: David Benish; Christopher Perez
Subject: SUB 2013 -00172 Langhorne; donation to Ivy Creek Natural Area
Attachments: i m 3511 _20140204_115916. pdf
David and Chris-
In response to Chris' questions in the attached:
1. Because the County and the City jointly own the Ivy Creek Natural Area and I assume
that this land also would be jointly owned, the land should be conveyed to the County and the
City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to
convey an interest to the City under the State Subdivision Law because it is not a locality
"in which the land lies" (Virginia Code 15.2- 2265). In the alternative, if the plat dedicates
the land to the County for public use and the County is the sole owner, the recordation of
the plat would be sufficient to complete the conveyance to the County.
2. If the conveyance is to the County and the City by deed, the deed would have to go to
the Board of Supervisors to accept the conveyance (Virginia Code 15.2- 1803). The matter could
be on the consent agenda with an executive summary and a resolution authorizing Tom to accept
the conveyance by his signature on the deed.
3. If the conveyance is by dedication of the land to the County for public use in
conjunction with the plat, the signature of the subdivision agent approving the plat would be
all that is required and the matter would not need to go to the Board of Supervisors and
Tom's signature would not be required. If the conveyance is by deed to the County and the
City, only the subdivision agent would sign the plat but Tom would sign the deed accepting
the conveyance on behalf of the County.
If we end up proceeding with the conveyance by deed to the County and the City, Andy will
handle it in our office.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptneroalbemarle.org
- - - -- Original Message---- -
From: Scanner(@CAO.org [mailto:ScannerPCAO.org]
Sent: Tuesday, February 04, 2014 11:59 AM
To: Greg Kamptner
Subject: PDF file from County Atty Ofc
DEVICE NAME:
DEVICE MODEL: im3511
LOCATION:
FILE FORMAT: PDF MMR(G4)
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
1
This file can be read by Adobe Acrobat Reader.
The reader can be downloaded from the following URL:
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Christopher Perez
From: Dan Mahon
Sent: Tuesday, January 28, 2014 8:21 AM
To: Christopher Perez
Subject: RE: SUB201300172 Ivy Creek Donation - BLA
Christopher,
Parks staff has reviewed this plat and it is consistent with what we agreed to.
Dan Mahon
Outdoor Recreation Supervisor
Greenway /Blueway Coordinator
Albemarle County
Department of Parks and Recreation
From: Christopher Perez
Sent: Wednesday, January 22, 2014 9:48 AM
To: Dan Mahon
Subject: SUB201300172 Ivy Creek Donation - BLA
Dan,
Attached is the plat for the donation of land along with a transmittal sheet. Please assure this is what the County
Parks and Rec Department agreed to.
Also, fyi attached is a recent document Chris Gensic sent me which speaks to Environmental review of the
proposed land.
Thanks
Christopher P. Perez I Senior Planner
Department of Community Development ICounty of Albemarle, Virginia
401 McIntire Road I Charlottesville, VA 22902
434.296.5832 ext. 3443
Perez Project workups 1-_ -14 ,4
100
Below is a complete list of all active projects which are being reviewed, aka have comments due.
The baby came a week early,thus my time clock on the final review before I left for paternity
leave got severely cut.
1) SUB2013000-181 Stonewater—final(Right of Way vacation plat)
Status: this project has comments sent out on 1-9-14 and on 1-10-14 their attorney said that the County
Attorney(Greg)is incorrect on which portion of state code is applicable. As such staff has sent Greg the
email from their applicant's lawyer and has requested he provide guidance on how to proceed.After
reading over their attorney's points,they may be correct;however,we need Greg to weigh in being he
advised us how to proceed the 1st time through. Thus it's pending Greg to respond to the two emails I've
sent him inquiring about this. The applicant knows I am waiting for guidance from Greg.
2)SUB201300185—Lochyln Hill,Parcel Y and Z—BLA
Status: Received revisions on 1-22-14.Distributed the revisions to VDOT&Engineering on Sunday 1-
26-14 comments from these reviewers due 1-4-14,will review it when I get back.
3 -111:01300172 Creek Dona'4n—BLA
tatus: Awaiting Greg's review to dete ine if it needs a Compliance review. Sent Greg the official
transmittal,he called with questions,I •ft an email on 12-30-13 and have not heard from him. I sent a
followup email on 1-21-14 an' • . e not heard back from him.
. . d Rec director has given the project to Dan Mahon to review. His comments are pending.
I - reviewed it and have a draft comment letter with 2 comments(1)DR note is incorrect and(2)
revised date. Have yet to send out comments till greg and dan review it.
4) SUB201400005 Mount Warrant,LLC—final(2 lot division w/2009 homes on it)
Status: received the plan on 1-14-14 and is due 2-4-14.Have not started it.Please distribute the Soil
work to the Health Department. File is on my desk.
5)Church of our savior—final site plan
Status: Plan under review(just received the REVISED landscape plan on 1-16-14,thus conducting my
review,otherwise the rest of the plan has been reviewed)...time wise I believe we're good on this being
they changed the landscape plan last minute.
6) SDP201300067 Stonewater Townhomes—final site plan
Status: Comments were due 1-21-14
All comments from every reviewer is in countyview,my comments are just about halfway done and
drafted in Countyview word docs: "DRAFT Final Site Plan Stonewater TH Comments 1-23-14".The
comments in yellow are conditions of approval from the initial which I need to checkoff...the comments
in regular text are NEW comments.
7) SUB201400008—three springs LLC(404 waiver without sub application)
Status: received it on 1-22-14, I have not started it,nor do I have any history on it. It may be pertinent for
this to be redistributed to someone else at this point.
8) SUB201300136 Lochyln Hill final subdivision plat
Status: awaiting resubmittal from applicant after the last meeting(1-15-14)we had with Bill, Megan,
Francis,LJ,and Rob Cummings and Kurt Hughes.
O.
mito-
Christopher Perez
From: David Benish
Sent: Thursday, February20, 2014 1:18 PM
To: Greg Kamptner
Cc: Christopher Perez
Subject: RE: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
Greg,
I had already weighed in on the compliance issue a while back--The Places29 Master Plan maps
(land use, green infrastructure, and other maps) specifically delineate the Ivy Creek Natural
Area as Public Open Space. Depending on the map you look at, only a portion of the ICNA is
delineated, but the delineation is based on the actual parcel boundary, so this new area is
not delineated as park (nor is the ICNA park area delineation generalized enough to allow one
to infer that other surrounding areas were recommended to be public open space/natural area
lands. So a literal interpretation of the comp plan maps (and text about land uses specific
to this area) would indicate that a compliance review is required.
My questions were in regards two things: 1) my main question is the applicability of the
subdivision exception you noted below--I just don't have any past experience with that
evaluation/interpretation; but also 2) in this situation, no "activity/improvement" is being
proposed for this new area (like a trail, parking, entrance location, etc.). When the county
has acquired other lands for future public use, we have not done a compliance review for the
property until a use/activity is proposed (ex., lands behind Monticello FD, land on Polo
Grounds Rd, and other donations of land). This public use particularly in this location
appears to simply be undeveloped open space, and open space/conservation is a use already
deemed consistent with Comp Plan recommendations for the RA. Yes, I know you could argue the
"use" of this land is known--it will be use undeveloped open space added to an existing "open
space/NA park---but it seems like a unnecessary exercise until some development/activity is
actually proposed for the area.
Obviously the "safe" is to just do the compliance review, but your insights in these two
areas would be helpful for this and future 2232 assessments (particularly 31), I don't think
we need to dwell too much on #2.
David
Original Message
From: Greg Kamptner
Sent: Thursday, February 20, 2014 12:19 PM
To: Christopher Perez
Cc: David Benish
Subject: RE: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
Chris-
2232 reviews are usually first reviewed by Community Development and close questions are
referred to our office for input.
Under section 15.2-2232(A), the first step is to decide whether the Ivy Creek Natural Area is
shown on the comp plan. I saw one map in the comp plan with the name of the park on it in its
general location, but no boundaries, or the character of the park, or its extent were shown
on the plan. If the feature is not shown on the comp plan, then it must go through 2232
review.
In this case, the park woult expanded by the addition of the acres or so. Under section
15.2-2232(C), extension or enlargement of a public area such as the park is subject to 2232
review.
An exception exists in section 15.2-2232(D), which provides that if the public area "is
identified within, but not the entire subject of", a subdivision plat or a site plan, it may
be deemed a feature already shown on comp plan and not subject to 2232 review. I no longer
have the plat in front of me, but the creation of this parcel/boundary line adjustment was
the entire subject of the plat as I recall.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner@albemarle.org
Original Message
From: Christopher Perez
Sent: Monday, February 10, 2014 3:31 PM
To: Greg Kamptner
Cc: David Benish
Subject: RE: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
Greg,
I understand the guidance you provided in your email below. Thank you.
I'm still awaiting guidance from you on whether or not this item would need a Compliance
Review. As previously mentioned I have spoken to David Benish about the need to do a
Compliance Review for the County's acceptance of the 4.01 acres which is to be added to the
Ivy Creek Natural Area. It is his opinion that a Compliance Review is not necessary because
the Ivy Creek Park has already been established and the proposal is an addition to be used as
a buffer of sorts; however, he also said if you feel that it is safer to do a Compliance
Review based on this land being new park land not previously shown in the Comprehensive Plan
we can do that...please advise.
Thank you
Christopher P. Perez 1 Senior Planner
Department of Community Development jCounty of Albemarle, Virginia
401 McIntire Road 1 Charlottesville, VA 22902
434.296.5832 ext. 3443
Original Message
From: Greg Kamptner
Sent: Tuesday, February 04, 2014 10:17 AM
To: David Benish; Christopher Perez
Subject: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
David and Chris
-
2
AW
In response to Chris' quest1.4, in the attached:
1. Because the County and the City jointly own the Ivy Creek Natural Area and I assume
that this land also would be jointly owned, the land should be conveyed to the County and the
City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to
convey an interest to the City under the State Subdivision Law because it is not a locality
"in which the land lies" (Virginia Code 15.2-2265). In the alternative, if the plat dedicates
the land to the County for public use and the County is the sole owner, the recordation of
the plat would be sufficient to complete the conveyance to the County.
2. If the conveyance is to the County and the City by deed, the deed would have to go to
the Board of Supervisors to accept the conveyance (Virginia Code 15.2-1803). The matter could
be on the consent agenda with an executive summary and a resolution authorizing Tom to accept
the conveyance by his signature on the deed.
3. If the conveyance is by dedication of the land to the County for public use in
conjunction with the plat, the signature of the subdivision agent approving the plat would be
all that is required and the matter would not need to go to the Board of Supervisors and
Tom's signature would not be required. If the conveyance is by deed to the County and the
City, only the subdivision agent would sign the plat but Tom would sign the deed accepting
the conveyance on behalf of the County.
If we end up proceeding with the conveyance by deed to the County and the City, Andy will
handle it in our office.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner@albemarle.org
Original Message
From: Scanner@CAO.org [mailto:Scanner@CAO.org]
Sent: Tuesday, February 04, 2014 11:59 AM
To: Greg Kamptner
Subject: PDF file from County Atty Ofc
DEVICE NAME:
DEVICE MODEL: im3511
LOCATION:
FILE FORMAT: PDF MMR(G4)
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
This file can be read by Adobe Acrobat Reader.
The reader can be downloaded from the following URL:
http://www.adobe.com/
3
Christopher Perez
From: Greg Kamptner
Sent: Thursday, February20, 2014 12:19 PM
To: Christopher Perez
Cc: David Benish
Subject: RE: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
Chris-
2232 reviews are usually first reviewed by Community Development and close questions are
referred to our office for input.
Under section 15.2-2232(A), the first step is to decide whether the Ivy Creek Natural Area is
shown on the comp plan. I saw one map in the comp
plan
in
general location, but no boundaries, or the character oflthe tpark, oroits hextent weree park ontshownts
on the plan. If the feature is not shown on the comp plan, then it must go through 2232
review.
In this case, the park would be expanded by the addition of the 4 acres or so. Under section
15.2-2232(C), extension or enlargement of a public area such as the park is subject to 2232
review.
An exception exists in section 15.2-2232(D), which provides that if the public area "is
identified within, but not the entire subject of", a subdivision plat or a site plan, it may
be deemed a feature already shown on comp plan and not subject to 2232 review. I no longer
have the plat in front of me, but the creation of this parcel/boundary line adjustment was
the entire subject of the plat as I recall.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptnerOalbemarle.org
Original Message
From: Christopher Perez
Sent: Monday, February 10, 2014 3:31 PM
To: Greg Kamptner
Cc: David Benish
Subject: RE: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
Greg,
I understand the guidance you provided in your email below. Thank you.
I'm still awaiting guidance from you on whether or not this item would need a Compliance
Review. As previously mentioned I have spoken to David Benish about the need to do a
Compliance Review for the County's acceptance of the 4.01 acres which is to be added to the
Ivy Creek Natural Area. It is his opinion that a Compliance Review is not necessary because
the Ivy Creek Park has already been established and the proposal is an addition to be used as
a buffer of sorts; however, he also said if you feel that it is safer to do a Compliance
Review based on this land being new park land not previously shown in the Comprehensive Plan
we can do that...please advise.
1
Thank .you
Christopher P. Perez Senior Planner
Department of Community Development (County of Albemarle, Virginia
401 McIntire Road Charlottesville, VA 22902
434.296.5832 ext. 3443
Original Message
From: Greg Kamptner
Sent: Tuesday, February 04, 2014 10:17 AM
To: David Benish; Christopher Perez
Subject: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
David and Chris-
In response to Chris' questions in the attached:
1. Because the County and the City jointly own the Ivy Creek Natural Area and I assume
that this land also would be jointly owned, the land should be conveyed to the County and the
City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to
convey an interest to the City under the State Subdivision Law because it is not a locality
"in which the land lies" (Virginia Code 15.2-2265). In the alternative, if the plat dedicates
the land to the County for public use and the County is the sole owner, the recordation of
the plat would be sufficient to complete the conveyance to the County.
2. If the conveyance is to the County and the City by deed, the deed would have to go to
the Board of Supervisors to accept the conveyance (Virginia Code 15.2-1803). The matter could
be on the consent agenda with an executive summary and a resolution authorizing Tom to accept
the conveyance by his signature on the deed.
3. If the conveyance is by dedication of the land to the County for public use in
conjunction with the plat, the signature of the subdivision agent approving the plat would be
all that is required and the matter would not need to go to the Board of Supervisors and
Tom's signature would not be required. If the conveyance is by deed to the County and the
City, only the subdivision agent would sign the plat but Tom would sign the deed accepting
the conveyance on behalf of the County.
If we end up proceeding with the conveyance by deed to the County and the City, Andy will
handle it in our office.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptnerOalbemarle.org
Original Message
From: ScannerOCAO.org [mailto:5cannerOCAO.org]
Sent: Tuesday, February 04, 2014 11:59 AM
To: Greg Kamptner
Subject: PDF file from County Atty Ofc
2
DEVICE NAME: Noe
DEVICE MODEL: im3511
LOCATION:
FILE FORMAT: PDF MMR(G4)
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
This file can be read by Adobe Acrobat Reader.
The reader can be downloaded from the following URL:
http://www.adobe.com/
3
Christopher Perez
From: Christopher Perez
Sent: Monday, February 10, 2014 3:31 PM
To: Greg Kamptner
Cc: David Benish
Subject: RE: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
Greg,
I understand the guidance you provided in your email below. Thank you.
I'm still awaiting guidance from you on whether or not this item would need a Compliance
Review. As previously mentioned I have spoken to David Benish about the need to do a
Compliance Review for the County's acceptance of the 4.01 acres which is to be added to the
Ivy Creek Natural Area. It is his opinion that a Compliance Review is not necessary because
the Ivy Creek Park has already been established and the proposal is an addition to be used as
a buffer of sorts; however, he also said if you feel that it is safer to do a Compliance
Review based on this land being new park land not previously shown in the Comprehensive Plan
we can do that...please advise.
Thank you
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
Original Message
From: Greg Kamptner
Sent: Tuesday, February 04, 2014 10:17 AM
To: David Benish; Christopher Perez
Subject: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
David and Chris-
In response to Chris' questions in the attached:
1. Because the County and the City jointly own the Ivy Creek Natural Area and I assume
that this land also would be jointly owned, the land should be conveyed to the County and the
City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to
convey an interest to the City under the State Subdivision Law because it is not a locality
"in which the land lies" (Virginia Code 15.2-2265). In the alternative, if the plat dedicates
the land to the County for public use and the County is the sole owner, the recordation of
the plat would be sufficient to complete the conveyance to the County.
2. If the conveyance is to the County and the City by deed, the deed would have to go to
the Board of Supervisors to accept the conveyance (Virginia Code 15.2-1803). The matter could
be on the consent agenda with an executive summary and a resolution authorizing Tom to accept
the conveyance by his signature on the deed.
1
3. If the conveyance is by dedication of the land to the County for public use in
conjunction with the plat, the signature of the subdivision agent approving the plat would be
all that is required and the matter would not need to go to the Board of Supervisors and
Tom's signature would not be required. If the conveyance is by deed to the County and the
City, only the subdivision agent would sign the plat but Tom would sign the deed accepting
the conveyance on behalf of the County.
If we end up proceeding with the conveyance by deed to the County and the City, Andy will
handle it in our office.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner(aalbemarle.org
Original Message
From: Scanner6CAO.org [mailto:Scanner(1CAO.org]
Sent: Tuesday, February 04, 2014 11:59 AM
To: Greg Kamptner
Subject: PDF file from County Atty Ofc
DEVICE NAME:
DEVICE MODEL: im3511
LOCATION:
FILE FORMAT: PDF MMR(G4)
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
This file can be read by Adobe Acrobat Reader.
The reader can be downloaded from the following URL:
http://www.adobe.com/
2
Christopher Perez
From: Greg Kamptner
Sent: Tuesday, February04, 2014 10:17 AM
To: David Benish; Christopher Perez
Subject: SUB 2013-00172 Langhorne; donation to Ivy Creek Natural Area
Attachments: im3511_20140204_115916.pdf
David and Chris-
In response to Chris' questions in the attached:
1. Because the County and the City jointly own the Ivy Creek Natural Area and I assume
that this land also would be jointly owned, the land should be conveyed to the County and the
City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to
convey an interest to the City under the State Subdivision Law because it is not a locality
"in which the land lies" (Virginia Code 15.2-2265). In the alternative, if the plat dedicates
the land to the County for public use and the County is the sole owner, the recordation of
the plat would be sufficient to complete the conveyance to the County.
2. If the conveyance is to the County and the City by deed, the deed would have to go to
the Board of Supervisors to accept the conveyance (Virginia Code 15.2-1803). The matter could
be on the consent agenda with an executive summary and a resolution authorizing Tom to accept
the conveyance by his signature on the deed.
X3. If the conveyance is by dedication of the land to the County for public use in
conjunction with the plat, the signature of the subdivision agent approving the plat would be
all that is required and the matter woul. .• •--. . :o to the Board of Supervisors and
Tgture—would_not be re•u' . . If the conveyance is by deed to the Coun y an. e
City, only the subdivision agent would sign the plat but Tom would sign the deed accepting
• onve ance on behalf of the Count .
If we end up proceeding with the conveyance by deed to the County and the City, Andy will
handle it in our office.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptnerOalbemarle.org
Original Message
From: Scanner@CAO.org [mailto:Scanner(JCAO.org]
Sent: Tuesday, February 04, 2014 11:59 AM
To: Greg Kamptner
Subject: PDF file from County Atty Ofc
DEVICE NAME:
DEVICE MODEL: im3511
LOCATION:
FILE FORMAT: PDF MMR(G4)
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
i
This file can be read by Adobe Acrobat Reader.
The reader can be downloaded from the following URL:
http://www.adobe.com/
2
Christopher Perez
From: Christopher Perez
Sent: Tuesday, January 21, 2014 3:57 PM
To: Greg Kamptner
Cc: David Benish
Subject: SUB201300172 IVY CREEK DONATION - BLA
Greg,
I sent the below email to you back in late December and never received a response from you. Please let me
know that you received the email and are considering a response as the applicant is beginning to push this
project and we need some guidance on how to proceed. 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: Christopher Perez
Sent: Monday, December 30, 2013 12:05 PM
To: Greg Kamptner
Subject: SUB201300172 IVY CREEK DONATION - BLA
Greg,
SUB201300172 IVY CREEK DONATION- BLA
David Benish and I looked at the location of the Western Bypass in relation to the 4 acres of land subject of this BLA.
This land is not in the path of the Western Bypass,thus we feel it has no impact on this review.
Also, I spoke to Chris Gensic of City of Charlottesville Parks and Recreation Dept about what is proposed for this land. He
has stated that the land is to be left wooded and used as forest preservation area. If the land was to ever be used for
anything park related in the future that the maximum possible use would be a small loop trail and bench; however, at
this time there are no plans for a trail to be placed on this property.
I have also spoken to David Benish about the need to do a Compliance Review for the County's acceptance of the 4.01
acres which is to be added to the Ivy Creek Natural Area. It is his opinion that a Compliance Review is not necessary
because the Ivy Creek Park has already been established and the proposal is an addition to be used as a buffer of sorts;
however, he also said if you feel that it is safer to do a Compliance Review based on it being new park land not
previously shown in the Comprehensive Plan we can do that...please advise.
Thank you
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
1
Nov
Christopher Perez
From: Dan Mahon
Sent: Tuesday, January 28, 2014 8:21 AM
To: Christopher Perez
Subject: RE: SUB201300172 Ivy Creek Donation -BLA
Christopher,
Parks staff has reviewed this plat and it is consistent with what we agreed to.
Dan Mahon
Outdoor Recreation Supervisor
Greenway/Blueway Coordinator
Albemarle County
Department of Parks and Recreation
From: Christopher Perez
Sent: Wednesday, January 22, 2014 9:48 AM
To: Dan Mahon
Subject: SUB201300172 Ivy Creek Donation - BLA
Dan,
Attached is the plat for the donation of land along with a transmittal sheet. Please assure this is what the County
Parks and Rec Department agreed to.
Also, fyi attached is a recent document Chris Gensic sent me which speaks to Environmental review of the
proposed land.
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
1
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-COUNTY OF ALBEMARLE
��°E A Department Community Development
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c;Nowt�, Planning Services Division
,: 401 McIntire Road North Wing• Charlottesville,Virginia 22902-4596
Atade Phone: (434)296-5823 •Fax: (434)972-4035
Transmittal
From: Christopher Perez Date: 12/20/13
To: O 0
0 0
0 0
0 0
0 0
JOB#/FILE NAME:SUB-2013-00172 IVY CREEK DONATION -BLA
We are sending you the following items: ® Attached or ❑ Under separate cover
// Copy of Letter [' Prints ❑ Plans
® Plats ❑ Specifications n Other
#of Copies Date Description
1 12/2/13 Ivy Creek Donation BLA plat
These are transmitted as checked below:
® For review and comments ❑ For approval [ Other
Remarks: Please review this plat, is this BLA plat appear to be what the City and the County
previously discussed/agreed upon with regard to the donation?
Comments are due in City View or email by: 1/7/14 Signature: Christopher Perez
Christopher Perez
From: Christopher Perez
Sent: Tuesday, January 21, 2014 4:11 PM
To: 'Gensic, Chris'
Subject: RE: Langhorne property- Lambs Road division for parkland donation
Chris,
The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP.
Notably I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this
needs a Compliance Review with the BOS being this will escentially be "new park land not previously shown in
the comp plan". I'm await his guidance.
Also, I'm waiting on the Parks and Rec department(Bob Crickenburger) in the County to comment/weigh in
on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just
put in a call to him today to followup; however, he has already left for the day.
Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development
rights note on the plat. I plan to provide this to you once the above have been ironed out.
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: Gensic, Chris [mailto:GENSICCalcharlottesville.orq]
Sent: Tuesday, January 21, 2014 3:36 PM
To: Christopher Perez
Subject: Langhorne property- Lambs Road division for parkland donation
Christopher,
Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a
special use permit?
Thanks,
Chris Gensic
Park and Trails Planner
City of Charlottesville
434-970-3656 (desk)
434-989-0061 (cell)
P.O. Box 911, Charlottesville,VA 22902
www.charlottesville.org/trails
1
Christopher Perez
From: Gensic, Chris[GENSIC@charlottesville.org]
Sent: Tuesday, January 21, 2014 3:36 PM
To: Christopher Perez
Subject: Langhorne property- Lambs Road division for parkland donation
Attachments: LanghornelvyCreekLandAcquisitionMemoDecember2013.doc
Christopher,
Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a
special use permit?
Thanks,
Chris Gensic
Park and Trails Planner
City of Charlottesville
434-970-3656 (desk)
434-989-0061 (cell)
P.O. Box 911, Charlottesville,VA 22902
www.charlottesville.org/trails
1
MEMORANDUM
Office of the City Attorney
TO: Aubrey V. Watts,Jr., COO/CFO
FROM: Chris Gensic, Park and Trails Planner,Parks & Recreation Dept.
DATE: January 21, 2014
RE: Acquisition of Property for Greenbelt Trail
I have been in contact with owners of the property at Lambs Road,which is adjacent to the Ivy Creek
Natural Area,jointly owned by the City and County.Elizabeth Langhorne owns property designated
as Parcel 120 on County Tax Map 44,and has agreed to donate—3 acres,a portion of the property,to
the City and County for use as additional park land, as shown on the attached drawing/plat.
Comments on the acquisition of the land regarding utilities, environmental liability, property
maintenance,and Zoning have been received from Public Works/Environmental,Albemarle County
Community Development, Public Utilities, and Parks and Recreation.
PUBLIC UTILITIES:
No utilities are on the property to be donated.
Date:
Lauren Hildebrand, Director
PW/ENVIRONMENTAL:
Based on a site visit and visual assessment conducted on the subject property, a review of historical
aerial photos,there are no apparent environmental concerns associated with this property. No further
environmental investigation appears necessary at this time and the acquisition of the property is
supported by this office.
Date:
Kristel Riddervold, Environmental Manager
PARKS: Is prepared to take on maintenance of the land for greenway and linear park purposes.
Date:
Brian Daly, Director
Albemarle County Community Development: The current zoning of this parcel(Rural Area/Single
Family Residential)allows use for public parkland by right,and subdividing the land is allowable for
use as public recreation and open space,and will leave a legal lot for addition to the existing dwelling
unit.
Date:
Christopher Perez, Albemarle County
CITY ATTORNEY'S OFFICE: No legal issues outstanding. The title work does not reveal any
serious title issues.Our office will handle this real estate transaction in the event it is approved by the
COO/CFO (or his designee) and City Council.
Date:
City Attorney
If you concur with the recommendations of the above-named departments, please indicate your
approval of the land acquisition by signing below.If you do not agree,or have any questions about the
conveyance, please note your objection or comments below.
Date:
Aubrey V. Watts, Jr., COO/CFO
OBJECTION OR COMMENTS:
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Department of Community Developmentppgtt '
Memorandum
To: Cheryl A. Stockton
From: Christopher P.Perez- Senior Planner
Division: Planning Services
Date: January 7,2014
Subject: SUB2013000172 Ivy Creek Donation—BLA
The Planner for the Planning Services Division of the Albemarle County Department Community
Development will recommend approval of the plat referred above when the following items have
been satisfactorily addressed. (The following comments are those that have been identified at this
time.Additional comments or conditions may be added or eliminated based on further review.)
[Each comment is preceded by the applicable reference to the Albemarle County Code.]
1. [14-302(A)10]Right of further division of proposed lots. The required
development rights note provided on the plat appears to be incorrect. Per staff s
development rights research it appears that TMP 44-120 has 1 DR and cannot be
further divided. Also, it appears that TMP 44-36B has 1 DR and cannot be further
divided. Please revise note#2 to reflect this information.
2. [14-302(B)(1)] General information. For future submittals,please provide the date of
the last revision.
3.
Please contact Christopher P.Perez at the Department of Community Development 296-
5832 ext. 3443 for further information.
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Christopher Perez
From: Christopher Perez
Sent: Monday, December 30, 2013 12:05 PM
To: Greg Kamptner
Subject: SUB201300172 IVY CREEK DONATION - BLA
Greg,
SUB201300172 IVY CREEK DONATION - BLA
David Benish and I looked at the location of the Western Bypass in relation to the 4 acres of land subject of this BLA.
This land is not in the path of the Western Bypass, thus we feel it has no impact on this review.
Also, I spoke to Chris Gensic of City of Charlottesville Parks and Recreation Dept about what is proposed for this land. He
has stated that the land is to be left wooded and used as forest preservation area. If the land was to ever be used for
anything park related in the future that the maximum possible use would be a small loop trail and bench; however, at
this time there are no plans for a trail to be placed on this property.
I have also spoken to David Benish about the need to do a Compliance Review for the County's acceptance of the 4.01
acres which is to be added to the Ivy Creek Natural Area. It is his opinion that a Compliance Review is not necessary
because the Ivy Creek Park has already been established and the proposal is an addition to be used as a buffer of sorts;
however, he also said if you feel that it is safer to do a Compliance Review based on it being new park land not
previously shown in the Comprehensive Plan we can do that...please advise.
Thank you
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
1
LIS > Code of Virginia> 15.2-7/32 Page 1 of 2
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§ 15.2-2232.Legal status of plan.
A. Whenever a local planning commission recommends a comprehensive plan or part thereof for the locality and
such plan has been approved and adopted by the governing body,it shall control the general or approximate
location, character and extent of each feature shown on the plan. Thereafter,unless a feature is already shown on the
adopted master plan or part thereof or is deemed so under subsection D,no street or connection to an existing street,
park or other public area,public building or public structure,public utility facility or public service corporation
facility other than a railroad facility or an underground natural gas or underground electric distribution facility of a
public utility as defined in subdivision(b)of§ 56-265.1 within its certificated service territory,whether publicly or
privately owned, shall be constructed,established or authorized,unless and until the general location or approximate
location,character,and extent thereof has been submitted to and approved by the commission as being substantially
in accord with the adopted comprehensive plan or part thereof. In connection with any such determination,the
commission may,and at the direction of the governing body shall,hold a public hearing,after notice as required by
§ 15.2-2204.Following the adoption of the Statewide Transportation Plan by the Commonwealth Transportation
Board pursuant to § 33.1-23.03 and written notification to the affected local governments, each local government
through which one or more of the designated corridors of statewide significance traverses,shall,at a minimum,note
such corridor or corridors on the transportation plan map included in its comprehensive plan for information
purposes at the next regular update of the transportation plan map.Prior to the next regular update of the
transportation plan map,the local government shall acknowledge the existence of corridors of statewide significance
within its boundaries.
B. The commission shall communicate its findings to the governing body, indicating its approval or disapproval with
written reasons therefor. The governing body may overrule the action of the commission by a vote of a majority of
its membership.Failure of the commission to act within 60 days of a submission,unless the time is extended by the
governing body, shall be deemed approval.The owner or owners or their agents may appeal the decision of the
commission to the governing body within 10 days after the decision of the commission. The appeal shall be by
written petition to the governing body setting forth the reasons for the appeal. The appeal shall be heard and
determined within 60 days from its filing.A majority vote of the governing body shall overrule the commission.
C. Widening,narrowing, extension,enlargement,vacation or change of use of streets or public areas shall likewise
be submitted for approval,but paving,repair,reconstruction, improvement,drainage or similar work and normal
service extensions of public utilities or public service corporations shall not require approval unless such work
involves a change in location or extent of a street or public area.
D.Any public area,facility or use as set forth in subsection A which is identified within,but not the entire subject
of,a submission under either§ 15.2-2258 for subdivision or subdivision A 8 of§ 15.2-2286 for development or both
may be deemed a feature already shown on the adopted master plan,and,therefore,excepted from the requirement
for submittal to and approval by the commission or the governing body;provided,that the governing body has by
ordinance or resolution defined standards governing the construction,establishment or authorization of such public
area,facility or use or has approved it through acceptance of a proffer made pursuant to § 15.2-2303.
E.Approval and funding of a public telecommunications facility on or before July 1,2012,by the Virginia Public
Broadcasting Board pursuant to Article 12(§ 2.2-2426 et seq.)of Chapter 24 of Title 2.2 or after July 1,2012,by the
Board of Education pursuant to § 22.1-20.1 shall be deemed to satisfy the requirements of this section and local
zoning ordinances with respect to such facility with the exception of television and radio towers and structures not
necessary to house electronic apparatus.The exemption provided for in this subsection shall not apply to facilities
existing or approved by the Virginia Public Telecommunications Board prior to July 1, 1990. The Board of
Education shall notify the governing body of the locality in advance of any meeting where approval of any such
facility shall be acted upon.
F. On any application for a telecommunications facility,the commission's decision shall comply with the
requirements of the Federal Telecommunications Act of 1996.Failure of the commission to act on any such
application for a telecommunications facility under subsection A submitted on or after July 1, 1998,within 90 days
of such submission shall be deemed approval of the application by the commission unless the governing body has
authorized an extension of time for consideration or the applicant has agreed to an extension of time. The governing
http://legl.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-2232 12/30/2013
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\IRGIN1P
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 20,2013
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB201300172 Ivy Creek Donation—BLA
Date Submitted: 12/02/2013
Dear Mr. Kamptner:
I am currently reviewing the above referenced boundary line adjustment(BLA)plat in which the owner
Elizabeth Langhorne proposes to donate/give the County and City a large portion of her vacant property
(4.0155 acres)TMP 44-120 (zoned RA). The donation is proposed to be added to TMP 45-8 which is the
IVY CREEK NATURAL AREA. Both the City and the County own the natural area. Per discussions with
the City Parks Department both Parks and Rec departments (city and county)have discussed this proposal
and are in agreeance to take the lot into the natural area. It appears that the RA zoning permits this type of
use and thus we could add it to the park use by right and without a requirement for a SP.
Is there a formal process to have this property accepted into the Natural Area beyond recording a BLA? If
so,what is the process?Does this land donation need to go to the BOS?
Also,who shall sign the plat on behalf of the County? Currently the County's C/O Finance Administration
Room 149 is listed as the signer, presumably because the County Real-estate Records list them as the
owner. Should the plat be revised to have Tom Foley sign the plat?If not,then whom?
At your earliest convenience, please review the attached plat. 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 McIntire Road
Charlottesville,VA 22902
cperez@albemarle.org
(434)296-5832, phone ex. 3443
COUNTY OF ALBEMARLE
of AL Department Community Development
au
®! Planning Services Division
+ �,= 401 McIntire Road North Wing• Charlottesville,Virginia 22902-4596
Phone: (434)296-5823 • Fax: (434)972-4035
Transmittal
From: Christopher Perez Date: 12/20/13
To: 0 %n0
0 0
0 0
0
JOB #/FILE NAME:SUB-2013-00172 IVY CREEK DONATION -BLA
We are sending you the following items: ® Attached or E Under separate cover
® Copy of Letter ❑ Prints ❑ Plans
® Plats ❑ Specifications (l Other
# of Copies Date Description
1 12/2/13 Ivy Creek Donation BLA plat
These are transmitted as checked below:
® For review and comments ❑ For approval ❑ Other
Remarks: Please review this plat, is this BLA plat appear to be what the City and the County
previously discussed/agreed upon with regard to the donation?
Comments are due in City View or email by: 1/7/14 Signature: Christopher Perez