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HomeMy WebLinkAboutSUB201400075 Correspondence 2014-09-15 Johnathan Newberry From: Nathan Williamson [nathan @explorationstudio.com] Sent: Friday, December 06, 2013 11:56 AM To: Johnathan Newberry Subject: Re: Proposal for a second dwelling that fronts on a private road Ok thanks JT, really appreciate your research. If I'd know you were looking I could have sent you the court documents, I believe I pulled them all when we did our own title research on the land. I've scheduled a meeting with Francis for the 16th. Thanks again, Nathan On Fri, Dec 6, 2013 at 11:34 AM, Johnathan Newberry<jnewberry@albemarle.org> wrote: Nathan, As you've been getting feedback from VDOT, I completed some research on how the County has reviewed similar applications in the past as well as a little more history on Buddys Place Lane. With the understanding that you're looking for as much feedback as possible before submitting an application,the next best step would be to schedule a pre-application meeting with the Planning and Engineering Division. These meetings take place every Monday at 2, 3 and 4pm. Please contact Francis MacCall at 434-296-5832, ext. 3418 to schedule an available time. It will be helpful to bring as much information about Buddys Place Lane as possible to the pre-app meeting. I've attached a Circuit Court judgment from 1980 that recognizes it as a 10' wide prescriptive easement, although I know there is a 1979 plat that showed a 16.5' wide right-of-way too. For your reference, I've also attached an example of Engineering comments from a 2012 Special Permit application where a road needed to meet VDOT standards. Finally, if you have any further questions, please direct them to the County staff that attend the pre-app meeting. They will need to provide information to you going forward. anks, Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 From: Nathan Williamson [mailto:nathan @explorationstudio.com] Sent: Thursday, December 05, 2013 1:16 PM To: Troy Austin; Johnathan Newberry Subject: RE: Proposal for a second dwelling that fronts on a private road Oh wow thanks Austin. I was going to head out there today with a tape measure anyway because on last sighting it looked bigger than I remembered. Glad to know it only requires vegetation cleanup. Will contact as you advised, Nathan On Dec 5, 2013 12:51 PM, "Austin,Nathran. (VDOT)" <Nathran.Austin @vdot.virginia.gov>wrote: Nathan, We have reviewed entrance to Buck Mountain Road known as Buddy's Place Lane. Based on the width of the private road at the right-of-way and the available sight distance with some minor vegetative removal,the existing road/entrance is adequate for the addition of the second dwelling that you are requesting. Please contact Dennis Seale to confirm the vegetation that needs to be trimmed to provide the required sight distance. Please feel free to contact me if you have any additional questions. Troy Austin, P.E. Area Land Use Engineer Virginia Department of Transportation Land Development—South Culpeper District P.O. Box 101.7 Troy,VA 22974 Johnathan Newberry From: Nathan Williamson [nathan @explorationstudio.com] Sent: Thursday, December 05, 2013 1:16 PM To: Troy Austin; Johnathan Newberry Subject: RE: Proposal for a second dwelling that fronts on a private road Oh wow thanks Austin. I was going to head out there today with a tape measure anyway because on last sighting it looked bigger than I remembered. Glad to know it only requires vegetation cleanup. Will contact as you advised, Nathan On Dec 5, 2013 12:51 PM, "Austin,Nathran. (VDOT)" <Nathran.Austin @vdot.virginia.gov> wrote: Nathan, We have reviewed entrance to Buck Mountain Road known as Buddy's Place Lane. Based on the width of the private road at the right-of-way and the available sight distance with some minor vegetative removal,the existing road/entrance is adequate for the addition of the second dwelling that you are requesting. Please contact Dennis Seale to confirm the vegetation that needs to be trimmed to provide the required sight distance. Please feel free to contact me if you have any additional questions. Troy Austin, P.E. Area Land Use Engineer Virginia Department of Transportation Land Development—South Culpeper District P.O. Box 1017 Troy,VA 22974 Phone: (434) 589-5871 Fax: (434) 589-3967 From: Nathan Williamson [rnaiitc:nfa than(diexpiorationstudio.comj Sent: Wednesday, December Oz., 2013 1:22 PM p To: Austin i A�Vat ran. (VDCT, Cc: 2T e,,,,5erry fronts ez: Re: Propo. a for a se::�n.d ..:4' elfin; that front_ or: a private road Ok Thanks Austin. In situations where the required width of such a entrance exceeds the width of the legal easement, what happens? I think the easement is 16.5' wide. I am in no position to buy neighbors land to build a driveway entrance to add 1 more house. On Wed, Dec 4, 2013 at 12:52 PM, Austin,Nathran. (VDOT) <Nathran.Austin @vdot.virginia.gov>wrote: I think so. Generally,you are looking at 10 trips per day per residence. So we are looking at a total of 20 single family residences. Typically, I consider a vacant parcel as if a single family residence were on it. The other piece of the puzzle is the trips on Buck Mountain. The ADT does not get close to 5,000 vpd so this would create a situation where the Moderate Volume standard would be applicable. Troy Austin, P.E. Area Land Use Engineer Virginia Department of Transportation Land Development—South Culpeper District P.O. Box 1017 Troy,VA 22974 Phone: (434) 589-5871 Fax: (434) 589-3967 From: Nathan Williamson [mailto:nathan(a>explorationstudio.com] Sent: Wednesday, December 04, 2013 12:11 PM To: Austin, Nathran. (VDOT); JT Newberry Subject: Re: Proposal for a second dwelling that fronts on a private road Hi Austin, antis. .here are 5 civN&tin«s now serviced by this private road and 11 parcels total that share this easement ;h io i`- most are not e- lope: at this point). The easement was created in 1904; this is not a recent ev o;_m nt. _Des this S 111 sound like it would fall in the Moderate Volume Commercial Entrance? 1 am a 2 homeowner unluckily trying to use second development right to renovate an existing cabin on one of these parcels of land. Eyes wide open now- I had no idea it might involve this kind of oversight. Thanks, Nathan On Wed, Dec 4, 2013 at 11:51 AM, Austin,Nathran. (VDOT) <Nathran.Austin @vdot.virginia.gov>wrote: Nathan, Attached is the detail for a "Moderate Volume Commercial Entrance". VDOT has official names for different types of entrances and sometimes they are a little intimidating. This entrance provides a little break from a full blown commercial entrance, but it is dependent on the number of trips for the highway and the number of trips for the entrance. I have not checked the numbers yet, but I suspect this entrance/connection would qualify. Please let me know if you have any additional questions. Troy Austin, P.E. Area Land Use Engineer Virginia Department of Transportation Land Development—South Culpeper District P.O. Box 1017 Troy, VA 22974 Phone: (434) 589-5871 Fax: (434) 589-3967 From: Nathan Williamson [mailto:nathanrexpiorationstudio.cor ] Sent: Wednesday, December 04, 2013 11:07 AM To: Austin, Nathran. (VDOT) Cc: Johnathan Newberry; Seale, Dennis. L. (VD T): David Benish Subject: RE: Proposal for a second nwe ing that fronts on a private road Hi Troy, Can you send me the VDOT standards for a moderate volume commercial entrance, I would like to know what might be involved. Sounds like it would be impossible. Thanks, Nathan(homeowner) On Mon, Dec 2, 2013 at 10:01 AM, Austin,Nathran. (VDOT) <Nathran.Austin @vdot.virginia.gov>wrote: 1T, How many existing lots/residences currently front onto Buddy's Place Lane? If it is more than 5,the connection of Buddy's Place Lane to Buck Mountain Road will need to meet VDOT standards for a commercial entrance (possibly a moderate volume commercial entrance). Thanks. Troy Austin, P.E. Area Land Use Engineer Virginia Department of Transportation Land Development—South Culpeper District P.O. Box 1017 Troy,VA 22974 Phone: (434) 589-5871 Fax: (434) 589-3967 From: Johnethan Newberry [mailto:jnew.er n<yalbe—narle.orq] Sent: Monda November 25. 201; 6:14 To: Seale. Dennis L. (\'?SOT) Cc: Austin,Nadu-an. (VDOT); David Benish;Nathan Williamson Subject: Proposal for a second dwelling that fronts on a private road Hey Dennis, Hope you're doing well. I'm reviewing a site plan waiver(which we're now calling a `site plan exception' by the way) for a second dwelling on a parcel that fronts on a private street. David Benish suggested that we get VDOT input on the suitability of the entrance and road standard for adding another user on Buddy's Place Lane. I've pasted a map of the parcel below and attached the drawing submitted by the applicant. Any comments you could give would be much appreciated. If submitted, this application would go through the SRC process, but we're curious if there would be any red flags from VDOT's point of view. Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 5 mss; htt ,y, _;,+ ,aEtr rte.ceFg•Ii9ala ' e-,t_ 3a", P - C x ,-: :(:.ottivag„ ALBE?MMARLE GIS-Web COUNTY VIRGINIA Searches.!Results Site ast up ateei on._ GIS-Web-Map 1rIty_;= • . ,,.. � nnrnnnnnnnnnnn nnnnnn Rem, `�0 e'uuuuuuuuuuuuuuuuuouuu © y i , 3 - `3+3-35a. .+gyp'" i 30-36g 4•4600 555 , 30-9 ,, 1 ,t i 37E 1593 i 3+-3 1 ( f 30- 1 1.( 30 E1 ,>:. . ;: "tee . .-kf. g > s_K. .f' 4 464 3t 30-5B rri , !-"iii 1 256f' I 46£0 - Gcogle Maps T' L, a, x < ... t,,. A I r 't;_ ■■ _tf, for Intc _ , rir_ _ 0 r.rs From: Nathan Williamson [mailto:nathan@explorationstudio.com] Sent: Friday, November 22, 2013 8:58 AM To: David Benish; Johnathan Newberry Subject: Site Plan Exception Dear Mr. Benish, I am a homeowner in Earlysville (RA) with an existing 500 sq ft structure built in the 1980s with its own septic sized for 4 bedrooms and well. Several weeks ago I submitted building plans to add a 12' x 24' addition to that building bring everything up to code as a second dwelling on my 8 acre property (TM 30-4). I was first advised to speak with Chris and JT before submitting building plans, and they saw no issues given I met setback requirements. Early this week I was informed that because this parcel has no public road frontage a Site Plan Exception process needs to be done with the application fee costing $1,500 and the next deadline Monday. I am attaching a draft site plan which I created with JT's guidance. The fee will be a financial hardship and seems large given the scope of work I am discussing. I would very much appreciate 15 minutes of your time to look into this matter and advise me of the best approach forward. I am happy to come to town to meet you anytime today or Monday if that would be possible. Best, Nathan Williamson (plans attached) N a t h a n N - _ d a m s o n , h-_imea±.a N a t h a n W i l l i a m s o n Exploration Studio ' Multimedia M: +1-434-960-4541 explorationstudio. com N a t h a n W i l l i a m s o n Exploration Studio Multimedia M: +1-434-960-45411explorationstudio. com Guild* fir Johnathan Newberry To: Nathan Williamson Subject: RE: Proposal for a second dwelling that fronts on a private road This is a draft response. From: Nathan Williamson [mailto:nathan©explorationstudio.com] Sent: Monday, December 30, 2013 2:10 PM To: Johnathan Newberry Cc: Bill Fritz Subject: Re: Proposal for a second dwelling that fronts on a private road Hi JT and Bill, Hope both are well. Just heard back from Ed at Roudabush and Gale with a quote to draw up a plat for a family sub division. He has a number of concerns and frankly pricing is getting crazy so Calla and I are on the fence about going forward. I am attaching a new version of what was the site plan marked up with my understanding of your requirements from our meeting. NOTE one change is that we are swapping the addition from the South of the existing building to the North - which will make construction much easier. The 78' from the property line to If I may, I'd like to give you his list of concerns with my comments in red and see if you can offer clarification. From what we see there are several issues: 1. This will need to be a family division in order not to have to go through the Private Road approval. The family division has its own set of rules and we assume you meet those. We can get into that if you decide to proceed. We have owned the land since 2004 &will convey parcel "B" to my wife's parents. A "Family Division" is defined in our ordinance as the division of property for the purpose of sale or gift to a member of the immediate family of the owner of the property and it specifically mentions that only the natural or legally defined off-spring, grandchild, grandparent, or parent of the owner of property is eligible. Our records show this parcel is under the ownership of only "Nathan Williamson" so in-laws would not qualify for this type of division. However, Bill mentioned at our meeting that there are state laws surrounding the transfer of land to minors [Virginia Uniform Transfers to Minors Act (Virginia Code§ 31-37 et seq.)] if that is a possible option. There's more information about it in the County's Land Use Law Handbook under 22-720: http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/Forms/LUchapter22- subdivisions.pdf 2. The swale that would be on the new lot is not shown on the County GIS as requiring a 100' setback. If you got that information from the County then it may stick; but from the looks of it you may not have to adhere to that regulation. Indeed, swale is much more apt that creak. It is not on your GIS or the plat Roudabush did for us in 2004 -- please confirm if we must use 100' setbacks. Yes, Glenn (the County Engineer) mentioned the 100' setback would apply even though it was not shown on the 2004 plat. 1 3. There is a small area of slopes over the 25% limit to the rear of the existing shed/garage. The County may require us to field topo that area to determine the extent of those slopes. If there is an area of slopes over 25% your lot may not be approved. If the stream buffer is not required (#2 above) then you may have more options. Will you require a field topo? Importantly, since the septic and well are already established and the building will happen on the current flat building site from 1970, NO dirt work will be required for the project and thus NO area of critical slopes will be impacted. The Planning Division would not need field topography for this application. We would only need a licensed surveyor to certify that Parcel B contains a "building site" as defined in our Zoning Ordinance. . ' .4.4 J ,( • 44 ed i-01J0 4-o cu l` L +1‘,.. 410 '«� 4. The shed/garage to which you want to add an addition is shown as"TBR" on the 2004 subdivision plat. I am not sure how the County will react to the fact that it was not removed and is now the basis of a new dwelling. I assume this is not an issue. If it were we would stop now. This note from the 2004 plat does not affect our consideration of any future applications. 5. This shed/garage is too close to both the existing R-O-W and the proposed 30' Access Easement that would run down the existing driveway. Unless I misunderstand the rules or have measured incorrectly, Ed is wrong? Based on the measurements in your revised drawing, it appears the proposed dwelling would meet all the applicable setbacks. -V- wowld _ 1-o b.c. 2 f' . 6. You will need to have a soils report prepared for the new lot. I will not need a soils report because there is a Health Department approved septic system in place. You would not need a new soils report. The documents marked "approved," dated 11/21/13 and signed by Travis Davis will meet the ordinance requirements for VDH approval. 4 n,, ts44,ce,I IS.' I t: ,.,4.4 7. You will need a road maintenance agreement prepared for the use of the new 30' Access Easement. Fine. We can do that. Ycs, We have a template available on our website. Bill and JT, wow. I'm surprised to be coming back so soon for more clarification, and any input is appreciated! Thanks again for all your help - and Happy New Year! Nathan On Wed, Dec 18, 2013 at 5:58 PM, Johnathan Newberry <jewberry @albemarle.org> wrote: Nathan, Bill and I are providing a recap of the two options we discussed at our pre-app meeting: Option 1: Family Division 2 Because of the family division completed in 2004, you may divide your current lot into two lots by extending an access easement to the back lot. I believe you have a sketch that shows what the easement could look like, what the setbacks would be for the new configuration and the approximate 30,000 sq. ft. area reserved as a "building site." The new application for this option is attached. The approximate total fee would be $1020 ($690 application fee and $330 groundwater assessment fee). This would be a completely administrative process. Option 2: Site Plan Exception and Special Exception from the Board You could alternatively apply for a Site Plan Exception (to waive the requirement of doing an initial and final site plan and having them prepared by a licensed engineer) and also apply for a Special Exception to the Board to waive the road standard. The fee for the Site Plan Exception is $1500 and it would cost approximately$675 to go to the Board ($425 special exception application fee and $250 in notice fees). This would not be a completely administrative process - - it would require legislative approval from the Board of Supervisors and approval is not guaranteed. Please let me know if you have any questions. Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 3 Johnathan Newberry From: Nathan Williamson [nathan @explorationstudio.com] Sent: Friday, November 22, 2013 8:58 AM To: David Benish; Johnathan Newberry Subject: Site Plan Exception Attachments: Williamson Site Plan.pdf Dear Mr. Benish, I am a homeowner in Earlysville (RA) with an existing 500 sq ft structure built in the 1980s with its own septic sized for 4 bedrooms and well. Several weeks ago I submitted building plans to add a 12' x 24' addition to that building bring everything up to code as a second dwelling on my 8 acre property (TM 30-4). I was first advised to speak with Chris and JT before submitting building plans, and they saw no issues given I met setback requirements. Early this week I was informed that because this parcel has no public road frontage a Site Plan Exception process needs to be done with the application fee costing $1,500 and the next deadline Monday. 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