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Home My WebLink AboutSDP201500020 Correspondence 2015-05-22 J Y ,.,...„ l ,_ (-) , l 6_, J __ Community Development De < rtment Cover Sheet for Items Left in Pick-Up Tray (Cover Sheet must accompany any items left at Front Counter) RECEIVED Today' Date: `($ * Pick-up Date: MAY 2 2 2015 r�kOalt‘ Phone # COlvtioUNlTY To: " DEVELOPMENT From:6‘..,,Ac \ Pele---4-- Extension Number _ REF D per' ` /S d- o �;Jo ce_— i„:4('''1 i;)/(PLI (F4)e -(If- ,--�.,_ Other Comments: I IA . .� C &/A e i,v (/ A d a c i/e-na_ci . Girte--( A0,444.2 ,P'- ,,! i,d i C., el 0 I'l i/a 7 tt il it) ,...,2C, )13 , ne4-i_e) ,,,±____ 4,5,4 _4-,7 /ow ;,,i, 6ryite__ ,q&kfrei, / — }- I mom.;11a_ ,'t� , c 4 t ,I . f(�`-�(ery 1. A()U s V IL ilal A 6,1 H ---A (.,_ _s e„.-1),\i/QOal 1 � 1 b ,1 ( I �,, 11 K /� . w6 -/�- - II I ,� j 01.A- t,+:yi e v i e j>/iL5 ,..,-, -4 ,71 .b,4, ili j 4 wp.4-1- bu: ) 1 AoL f )_t A 71,--) '14- A,-----4,77: 4 Zikf 'I eturnedy�r'1” ' ��e "`" `'` `'i ' D t * Items not picked-up within two (2) weeks of Pick-up Date will be returned to sender. 8/4/2014 NVISIO Responses to Frances Koehn concerns from Planner Christopher P. Perez 1)When did the house convert to a one family home? Staff response: Are you speaking to the existing home adjacent to yours? If so, I do not know,the existing home on the property appears to be a two level duplex but does not appear to utilize the lower level.The renter at the top floor says he will be moving very soon. The building type for the existing home does not have an effect on the site plan under review. 2) House converted to 2 apartments rented out for low income rental. Staff response:See answer to question 1. 3)I maintain the asphalt parking in front of my house. Staff response:The parking area is within a public right of way. The parking does not appear to be on your property, rather it is within the public right of way. Depending on how the developer moves forward with the design of the access to the site(see Planning comment#2 in the comment letter to the applicant dated 6-3-15)staff does not see this parking remaining. Please contact the developer for any questions you may have about their revised design to address staff comments. 4)What happened to the stem driveway language? Staff response: Please explain what you mean by stem driveway language?Where was this language? 5)What will keep all the water from running down on my house? Staff response: please see comments in June 3 letter to applicant,with special attention to comments by Engineering.The issue of drainage will be addressed by the applicant and worked out with staff prior to final site plan approval.Staff is very concerned with this issue and it remains an important aspect of the plan which the applicant will need to address. 6)What will happen to the big tree to the right going up the top of the hill by my property? Staff response: Based on the plans under review it appears the developer will be clearing that area of land for the development. 7) Have you seen the condition stem driveway? Staff response: Please explain what you mean by stem driveway language?Where was this language? During staff research of the project this language was not found. Please explain. Christopher Perez From: Christopher Perez Sent: Wednesday, June 03, 2015 7:58 AM To: 'Lee Miller' Cc: Michelle Roberge Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan Lee, I'll forward your concerns to Engineering as I believe these are issue they are investigating. See my quick responses below 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: Lee Miller[mailto:le_miller @prodigy.net] Sent:Wednesday,June 03, 2015 7:50 AM To:Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace-initial site plan Hi Christopher, Thanks for response and date correction. Concerning the stream, if you walked along its banks you would notice the gorge cut into the land indicating by common sense the amount of possible flow.We have been in moderate drought for several years so your current view is very un-normal.As of Tuesday, the Daily Progress reports we are 31%under normal year to date. I use to own that property and have lived here for 20 years. I have seen its flow during many years of normal weather conditions. Spring fed streams produce as the water table is normal. Beyond that, go to Solomon Road were the stream flows under the road and picks up massive amount of road runoff.Ask the residents who live beside it at Solomon and at Berkshire about the flow when rain fall is normal for year and then a heavy rain occurs. It is a roaring stream.The site plan shows a 9'retaining wall or dam that will cause flooding on to properties. I see what you are saying, and it's one of my comments(and most one of County Engineering's as well)but it's obviously an error/oversight in the initial site plans.The applicant will need to remedy this issue prior to final site plan approval.When I owned the property I cleared some trees in the stream area for planning a retirement cottage for my wife's parents. I became highly concerned when I saw the flow during heavy rains. It was out of its banks and flooding. I consulted an excavation contractor about piping it and was advised that a 4'diameter pipe should be used. I also contacted County engineering about permit and pipe sizing.They did not have information on its flow to make recommendation. I wonder what type of study has been performed to know about the flow?I'll forward this to Engineering. What is in the proposed site plan for pipe size and plan for the steam that currently runs under the proposed buildings?60" HDPE Storm Sewer. (Which works out to 5') Thank you, Leimon Miller From: Christopher Perez <coereztc'�i albemarle.org> To: Lee Miller<le miller(c prodigy.net> Sent: Tuesday, June 2, 2015 12:48 PM Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan Lee, See my comments below in red. 1 , 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: Lee Miller [mailto:le millercc prodigy.net] Sent: Tuesday, June 02, 2015 12:45 PM To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Thanks again, Yes I will attend the meeting. It is @ 10am June 6 - correct? The meeting is on the 4th of June (this Thursday)...at 10am. Attached is the notice letter. Sent from my iPhone On Jun 2, 2015, at 11:04 AM, Christopher Perez <cperez(a�albemarle.orq> wrote: Lee, See my comments below in red. I hear your frustration and am doing my best to assure the project is reviewed against the ordinance and what is permitted by law. Based on your concerns I'd advise you to attend the Thursday SRC meeting to ask any questions you have to the developer/staff. This meeting is not a public hearing rather it's a meeting for the applicant/developer to ask questions to staff about the comments as it relates to the ordinance. Citizens are invited to attend the meeting so they know what is going on as well as to ask questions about the process and the proposal. 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: Lee Miller Imailto:Ie miller4prodigy.net] Sent: Tuesday, June 02, 2015 9:46 AM To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Hi Christopher, Thank you for your response. Will engineering be looking at the spring fed stream the flows underneath the proposed buildings and has shrink soil issues that has been of issue to residents about 1, 000' downstream of the property? Yes, I believe Engineering is asking the question as to if this is truly a stream. When we visited the site (on Friday) there was no running water in the feature. The previous site plan (SDP2006-71) did not call this feature out as being a "Stream", I will forward your concerns to Engineering staff for their consideration. If upon further investigation by Engineering staff that the feature is indicative of a stream they will be the department to work this issue out with the developer prior to approval of the final site plan. [Currently we're in the initial site plan stage of the development, after this plan received approval or approval with conditions the applicant will move onto either a road plan, or a WPO plan. After those plans are approved then comes the final site plan 2 and final subdivision plat. The initial site plan is step 1 of development in order to move forward.] About the soils in the area: the soil report (see attached) which was furnished by Thomas Jefferson Soil and Water Conservation District (Dated May 1, 2015) lists this property as having two types of soils: Eliok Loan (20% of the property) and Hazel Loam (80% of the property). Neither of these soil types are listed as being subject to Shrink Swells, rather the study lists "Shrink swell potential low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches."The soil report will be furnished to the developer for their consideration when designing the buildings for the site. County Engineering staff will also receive a copy of this study and they can request certain design standards based on the soils (if applicable). Is there consideration to the fact that a cluster funk of town homes is out of place with the surrounding residents, which will lower their property values? The zoning of the property (R-4) allows for this type of development and density by right. While the surrounding properties may be developed at a lesser density, that does not have any bearing on how this property develops, primarily be this development is by right. If it was a rezoning then you are correct and we'd be taking a hard look at the surrounding neighborhood. If the site plan had reduced units (4) to conform as "community balanced", like the surrounding properties, which includes some duplex units spaced out on individual lots, the established community would not be so alarmed!. I hear your frustration and am doing my best to assure the project is reviewed against the ordinance and what is permitted by law. Did you notice that the layout of the site plan shows Open Space Undisturbed against all adjoining except for my property. Yes I did. Why is it that my property is discriminated against and shows no buffer, (Open Space Undisturbed) like all the others? The applicant is not required to screen residential units from residential units. If you would like to request the applicant consider providing a buffer to your property you can request this from him. Please note that this is not a requirement of the applicant but they may be willing to do it to be neighborly and potentially increase the value of their own development. If you would like to contact the developer Justin Shimp, P.E. his phone number is 434-953-6116. Based on your concerns I'd advise you to attend the Thursday SRC meeting to ask any questions you have to the developer. This meeting is not a public hearing rather it's a meeting for the applicant/developer to ask questions to staff about the comments as it relates to the ordinance. Citizens are invited to attend the meeting so they know what is going on as well as to ask questions about the process and the proposal. Thank you, Leimon Miller From: Christopher Perez <cperez(a albemarle.orq> To: Lee Miller<le miller @prodigy.net> Sent: Tuesday, June 2, 2015 8:01 AM Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan 3 Lee, I have looked over the previous file (SDP2006-71) and what I found was that the project had two waivers requested (Critical slopes and curb/Gutter)...the PC denied the critical slope waiver, then the applicant challenged it to the BOS, and the BOS overturned the denial and approved the critical slope waiver on July 11, 2007 w/a condition the applicant modify the plan to eliminate one of the units (see attached letter). The curb and gutter went away bc the applicant revised the plans to provide the required curbs. Regardless, the critical slopes waiver does not matter anymore bc the ordinance has since been changed with regard to slopes in the County's development areas...The slopes onsite are now classified as `managed slopes', which are permitted to be disturbed without a waiver provided the applicant meets the design standards for the disturbance (County Engineering staff will be reviewing this aspect of the plan). I found no evidence that the previous site plan was denied nor approved, rather it appears the applicant deferred the project. Again,this does not matter because they have since submitted a totally new proposal under SDP2015-20, which is what is currently being reviewed. Hope this helps. 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 From: Lee Miller[mailto:le_miller @prodigy.net] Sent: Tuesday, June 02,2015 7:41 AM To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace- initial site plan Hi Christopher, Thank you for your response, Yes, I would like to receive the PDF of the Site Review Comments by email when available. Thank you for your review of the past plan. Will your review include the Board of Supervisors meeting/rejection? Thank you, Lee Miller From: Christopher Perez<cperezc albemarle.org> To: "le_miller @prodigy.net"<le_miller @prodigy.net> Sent:Monday,June 1,2015 12:46 PM Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan 4 Now Lee, See my comments below in red. 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: Lee Miller[mailto:le_millerc prodigy.net] Sent: Monday, June 01,2015 6:37 AM To: Christopher Perez Subject: Fw: SDP2015-20 Inglewood Terrace - initial site plan Hi Christopher, Did not hear back from you on my question on who is the applicant,Brian Gillispie,general contractor and property owner or Justin Shimp? The applicant and owner are Brian Gillispie. The Contact person for the proposal is Justin Shimp. Justin's the Engineer working this project. I have now confirmed that 1705 Solomon has now received the letter.(Much latter than the one I received) That is odd that they didn't all come in the same mailing. Was there a re-mailing?No,there was not a remailing of this project. Attached is the letter and the excel doc with all mailings for this project. Was there a re-mailing to all, since some had not received the original mailing?No,there was not a remailing of this project. How can I receive the Site Review Comments stated to be available in the letter on June 2,2015?They typically are available on June 2nd;however, I've yet to receive all the comments from all reviewers and I'm still working on my review,thus it may truly be the 3rd before I get them finalized. I can send you a PDF copy of the final comments via email once they are complete. Have you researched the past site proposal by Brain Gillispie(general contractor)and facts that the Board of Supervisors repudiated it?I have pulled the file for SDP2006-71 preliminary plat and am looking it over. Will you be disclosing those facts as apart of the June 4, 2015 Site Review Committee meeting?This is a new application and shall be reviewed on it's own accord under todays ordinance. If there are any overlapping relevant factors which the current ordinance still considers my comments will cover them. Thank you, Leimon Miller 1622 Inglewood Drive Forwarded Message From: Lee Miller<le miller @prodigy.net> To: Christopher Perez<cperezna,albemarle.org> Sent: Tuesday,May 26,2015 7:16 AM Subject: Re: SDP2015-20 Inglewood Terrace-initial site plan Hi Christopher, Got email,thank you. My neighbor, Margaret and Denis Engel at: Owner FAYEN-ENGEL, MARGARET 5 'Ivo "owe Address 1705 SOLOMON RD CHARLOTTESVILLE VA, 22901 Said they did not receive the letter. Your email states that Justin Shimp is the applicant?Brian Gillispie general contractor and wife are the owners of the property. Thanks, Leimon Miller From: Christopher Perez<cperez @albemarle.org> To: "le miller @prodigy.net" <le_miller @prodigy.net> Sent: Friday,May 22,2015 9:24 AM Subject: SDP2015-20 Inglewood Terrace-initial site plan Mr. Miller, Attached is a scanned copy of a sheet which shows the layout of the project. As discussed the County does not have electronic copies of the plans, if you would like to request them I advise you to contact the applicant, Justin Shimp PE. at 434-227-5140 or by email at justin(c�shimp-engineering.com I am sure he would provide them to you. Hope this helps. Please respond to this email so I know you received it. 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 <im3512CurDevCa)_albemarle.orq 20150602_232953_0085 f615dd5500d4.pdf> 6 Now `.._ Christopher Perez From: Christopher Perez Sent: Wednesday, June 03, 2015 4:04 PM To: 'Justin Shimp, P.E.' Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan Justin, Also, assure you pay the legal notice for the SRC meeting. This fee was not paid ($200). If this fee was previously paid please provide the receipt number and check number and I'll research it. Thanks {'hri`topher P. Pere/ Senior Planner Department of Community Development'County of Albemarle.Virginia 401 Mclntire Road'Charlottesville.VA 22902 434.296.5832 ext.3443 From:Justin Shimp, P.E. [mailto:justin@shimp-engineering.com] Sent:Wednesday,June 03, 2015 3:56 PM To:Christopher Perez Cc: Michelle Roberge Subject: Re:SDP2015-20 Inglewood Terrace- initial site plan Thanks Chris, I didn't see VDOT's comments, looks like that unimproved ROW may be an issue. Justin Shimp, P.E. 434-953-6116 On Jun 3, 2015, at 3:43 PM, Christopher Perez<cperez @albemarle.org>wrote: Justin, SDP2015-20 Inglewood Terrace- initial site plan Attached are the comments for the above referenced project. (Please note my comment letter states that Engineering's comments are attached and dated 6-3-15, Michelle is currently finalizing her comments and will send them to you shortly.) Also attached is the soil report for the project from Thomas Jefferson Soil and Water Conservation District. Christopher P.Perez;Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 <Soil report.pdf <SDP2015-20_Inglewood Terrace- Initial Site Plan.pdf> 1 vier Now Christopher Perez From: Christopher Perez Sent: Thursday, June 04, 2015 12:41 PM To: tee Miller' Cc: Michelle Roberge Subject: RE: Engineering Comments for Inglewood Terrace Attachments: Subject property 1996.pdf Lee, I hope Justin Shimp's responses at the SRC meeting adequately addressed your concerns about your driveway. Attached is the recorded legal document (maintenance agreement) for the join access easement you both share, which I mentioned in the meeting. This document is also available in the clerk's office. If you have any additional questions/concerns for the applicant to address about this aspect of the plan, please contact Justin or myself. Also, expanding on our conversation at the meeting, I offer the following to clarify what the next steps are for this proposal: 1) I have a legal meeting with the County Attorney today to discuss the legality of a private road being proposed over/within a public right of way that was not taken into the state's secondary system but was dedicated to public use for right of way purposes. If this turns out to be an option for the developer I'll revise my comment letter(Comment#2)to provide this option among the other 2 options mentioned (I can CC you on the revised letter if it happens).If the County Attorney suggests that this is not permitted then the comment letter will stand as is. 2)If the comment letter stands as is,the applicant may choose to resubmit to address the comments (they have 6 months to resubmit). Once resubmitted staff has 15 days to review it and either approve it with conditions or deny it. If the applicant chooses not to resubmit and is ok with the conditional approval letter(which will contain ALL of the comments provided to the applicant during the initial site plan review), prior to final site plan approval he will be required to adequately address all the comments. The final will not be approved till the items are adequately resolved. However, if the final site plan is submitted and has substantial redesigns associated with it while addressing the conditions of approval (ie. "The feature"turns out to be a perennial stream which requires a WPO buffer and the buildings substantially move or are reoriented in a major redesign). Then the applicant would be required to go back through the initial site plan process again, and all adjacent owners would be notified*. If the changes are minor in nature and do not change much from what we saw at the initial site plan they we will not be required to go back through the initial process, if the resubmittal designs are in a gray area as to whether it's much different than from what we saw at the initial site plan, then the Chief of Planning and I will determine if it is required to go back to the initial site plan process and SRC again. The applicant was given these options and he will have to decide what he wants to do pending the findings on the road issue. 3) Prior to the final site plan being approved the applicant will also have to submit the various development plans mention below: a. Road Plan(which designs the roads)...the road plan would need to be approved and bonded prior to moving i forward. b. W110 plan/VSMP permit(these plans deal with stormwater and grading for the site)...the WPO plan would 'need to be approved and bonded prior to moving forward. c. Once the above are approved,then the applicant can submit the final site plan for review. Once the final site plan is approved they can apply for building permits and build the townhomes. Prior to selling the lots they would then need to submit a final subdivision plat to truly divide/sell the lots. * To be clear there will be no additional public notices for the proposal, unless the applicant is required to go back to the initial site plan and start over again based on a substantial redesigns. If at any time during the project you have questions about what is going on/what stage the development is in, feel free to contact our office and we can tell you what plans we are reviewing for this proposal. Hope this helps. Christopher P.Perez'Senior Planner Department of Community Development'County of Albemarle.Virginia 401 McIntire Road'Charlottesville.VA 22902 434.296.5832 ext.3443 From: Lee Miller [mailto:le_miller @prodigy.net] Sent:Thursday,June 04, 2015 9:17 AM To: Christopher Perez Subject: Re: Engineering Comments for Inglewood Terrace Hi Christopher, Thanks for all the info. Under your comment# 15 It was mentioned about utility easements on the south side of the site plan as being close to or at a deck plan. Also, from the transformer my utilities, under ground electric, cable and phone run across the property by VA Power easement. Under comment#18 on Engineering Review about existing asphalt on my lot. There is none. My gravel driveway straddles the lot line and I have been using/maintaining for 18 years. I am unaware of any impact as shown on my limited site plan. I will maintain my right as to Virginia State Real Estate law the use of my driveway and will defend that right by Adverse Possession. Thank you, Leimon Miller From: Christopher Perez <cperezalbemarle.orq> To: 'Lee Miller' <le miller(cr�.prodigy.net>; "tonvhavba(a7gmail.com" <tonvhavbata.gmail.com> Sent: Thursday, June 4, 2015 6:44 AM Subject: Engineering Comments for Inglewood Terrace All, Attached are Engineering's comments for the SRC meeting. Christopher P.Perez Senior Planner Department of Community Development(County of Albemarle.Virginia 401 McIntire Road'Charlottesville,VA 22902 2 Iww Christopher Perez From: Lee Miller<Ie_miller @prodigy.net> Sent: Thursday, June 04, 2015 9:17 AM To: Christopher Perez Subject: Re: Engineering Comments for Inglewood Terrace Hi Christopher, Thanks for all the info. Under your comment# 15 It was mentioned about utility easements on the south side of the site plan as being close to or at a deck plan. Also, from the transformer my utilities, under ground electric, cable and phone run across the property by VA Power easement. Under comment#18 on Engineering Review about existing asphalt on my lot. There is none. My gravel driveway straddles the lot line and I have been using/maintaining for 18 years. I am unaware of any impact as shown on my limited site plan. I will maintain my right as to Virginia State Real Estate law the use of my driveway and will defend that right by Adverse Possession. Thank you, Leimon Miller From: Christopher Perez <cperez @albemarle.org> To: 'Lee Miller' <le_miller @prodigy.net>; "tonyhayba @gmail.com" <tonyhayba @gmail.com> Sent: Thursday, June 4, 2015 6:44 AM Subject: Engineering Comments for Inglewood Terrace All, Attached are Engineering's comments for the SRC meeting. 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 NNW Vale Christopher Perez From: Christopher Perez Sent: Thursday, June 04, 2015 3:21 PM To: 'Justin Shimp, P.E.' Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan Justin, It appears that the two options mentioned in the comment letter are the only options available for the proposed access. Locating a private road within/over the portion of public right of way which was dedicated for public use is 'd advise you to resubmit the initial site plan (focusing on addressing as many of the large con i ions omments as you can) and then get the conditional approval. If you choose to resubmit the initial to address the comments (you have 6 months to resubmit). Once resubmitted staff has 15 days to review it and either approve it with conditions or deny it. If the applicant chooses not to resubmit and is ok with the conditional approval letter(which will contain all of the comments provided to the applicant during the initial site plan review), prior to final site plan approval you will be required to adequately address all the comments. The final will not be approved till the items are adequately resolved. However, if the final site plan is submitted and has substantial redesigns associated with it while addressing the conditions of approval (ie. '`The feature"turns out to be a perennial stream which requires a WPO buffer and the buildings substantially move or the townhomes are reoriented, this would constitute a major redesign). Then the applicant would be required to go back through the initial site plan process again(pay a new fee, new application, and start over), and all adjacent owners would be notified. If the changes are to be minor in nature and do not change much from what we saw at the initial site plan you will not be required to go back through the initial process, if the resubmittal designs are in a gray area as to whether it's much different than from what we saw at the initial site plan,then the Chief of Planning and I will determine if it is required to go back to the initial site plan process and SRC again. Christopher P. Perez;Senior Planner Department of Community Development(County of Albemarle.Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From:Christopher Perez Sent:Wednesday,June 03, 2015 4:04 PM To: 'Justin Shimp, P.E.' Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan Justin, Also, assure you pay the legal notice for the SRC meeting. This fee was not paid ($200). If this fee was previously paid please provide the receipt number and check number and I'll research it. Thanks Christopher P.Perez Senior Planner Department of Community Development'County of Albemarle.Virginia 1 Nfte Christopher Perez From: Christopher Perez Sent: Thursday, June 11, 2015 1:23 PM To: 'Justin Shimp, P.E.' Subject: SDP2015-20 Inglewood Terrace-initial site plan Attachments: Subject property 1996.pdf; Original plat 1960.pdf Justin, In response to your June 8th question I offer the following: The site is required to have access specified by the agent under Section 32.7.2.1 of the Zoning Ordinance. The site is relying on its proposed private access over"County-owned right-of-way". As you know,the land was dedicated to public use back in 1960 (see attached plat); however, VDOT never took this segment of the roadway into the secondary state system. As proposed,the applicant is seeking to put a private road for private use over/within County owned property, this is not acceptable to the County. The lot's approved access seems to be the joint access easement shared with TMP 061K0-10-00-000A1 (see attached plat), while the existing home on the site utilizes an existing driveway over the County owned portion of right of way that was never approved by the County. With the current proposal the applicant seeks to continue using the County owned property for access to the site; however, as proposed cannot be approved under Section 32.7.2.1 and it is not acceptable to the County as the owner of the property. The applicant has been given two options to move forward (vacation of the r/w under provisions of the state code, or revise the site plan to provide a public road to be taken into the State System). I hope this helps. Please let me know how you would like to proceed. http://gisweb.albemarle.org/Map/Viewer.aspx?state=488192460662 Christopher E'. Perez;Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From:Justin Shimp, P.E. [inailto:iustin @shimp-eneineering.com] Sent: Monday,June 08,2015 10:12 AM To:Christopher Perez Subject: Re:SDP2015-20 Inglewood Terrace-initial site plan Chris, I guess I'm looking for the specifics as to why its not considered approvable?what ordinance requirement/etc? Justin Shimp, P.E. 434-953-6116 On Jun 8, 2015, at 10:10 AM, Christopher Perez <cperez(a1albemarle.org>wrote: Justin, Currently it's a site plan issue as the application in front of us is an initial site plan; however, it's also an . issue for the subdivision. If the townhomes where not to be subdivided, it'd still be an issue.The site has to have an approvable access; however, what was proposed is not approvable. Does this help? Christopher E'. Peres Senior Planner Department of Community Development 1County of Albemarle. Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From:Justin Shimp, P.E. lmailto:iustin@shimp-engineering.com] Sent: Monday,June 08, 2015 9:53 AM To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace-initial site plan Chris, Can you provide a few more specifics on this issue? Is it a subdivision or zoning ordinance issue? Thanks, Justin Shimp, P.E. 434-953-6116 On Jun 4, 2015, at 3:21 PM, Christopher Perez<cperez(a,albemarle.org>wrote: Justin, It appears that the two options mentioned in the comment letter are the only options available for the proposed access. Locating a private road within/over the portion of public right of way which was dedicated for public use is not an option. How do you wish to proceed? I'd advise you to resubmit the initial site plan (focusing on addressing as many of the large conditions/comments as you can) and then get the conditional approval. If you choose to resubmit the initial to address the comments (you have 6 months to resubmit). Once resubmitted staff has 15 days to review it and either approve it with conditions or deny it. If the applicant chooses not to resubmit and is ok with the conditional approval letter(which will contain all of the comments provided to the applicant during the initial site plan review), prior to final site plan approval you will be required to adequately address all the comments. The final will not be approved till the items are adequately resolved. However, if the final site plan is submitted and has substantial redesigns associated with it while addressing the conditions of approval (ie. "The feature" turns out to be a perennial stream which requires a WPO buffer and the buildings 2 substantially move or the townhomes are reoriented, this would constitute a major redesign). Then the applicant would be required to go back through the initial site plan process again (pay a new fee, new application, and start over), and all adjacent owners would be notified. If the changes are to be minor in nature and do not change much from what we saw at the initial site plan you will not be required to go back through the initial process, if the resubmittal designs are in a gray area as to whether it's much different than from what we saw at the initial site plan, then the Chief of Planning and I will determine if it is required to go back to the initial site plan process and SRC again. Chrk opher P.Perez j Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From:Christopher Perez Sent:Wednesday,June 03, 2015 4:04 PM To: 'Justin Shimp, P.E.' Subject: RE:SDP2015-20 Inglewood Terrace-initial site plan Justin, Also, assure you pay the legal notice for the SRC meeting. This fee was not paid ($200). If this fee was previously paid please provide the receipt number and check number and I'll research it. Thanks Ctrrrseopirvr P. Pe°-er!Senior Planner Department of Community Development (County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From:Justin Shimp, P.E. [mailto:iustin @shimp-engineering.com] Sent:Wednesday,June 03,2015 3:56 PM To:Christopher Perez Cc: Michelle Roberge Subject: Re: SDP2015-20 Inglewood Terrace-initial site plan Thanks Chris, I didn't see VDOT's comments, looks like that unimproved ROW may be an issue. Justin Shimp, P.E. 434-953-6116 On Jun 3, 2015, at 3:43 PM, Christopher Perez <cperezna,albemarle.org> wrote: Justin, 3 Nigie SDP2015-20 Inglewood Terrace- initial site plan Attached are the comments for the above referenced project. (Please note my comment letter states that Engineering's comments are attached and dated 6-3-15, Michelle is currently finalizing her comments and will send them to you shortly.) Also attached is the soil report for the project from Thomas Jefferson Soil and Water Conservation District. C i ristophe n P. Perez!Senior Planner Department of Community Development!County of Albemarle.Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 <Soil report.pdf <SDP2015-20_Inglewood Terrace - Initial Site Plan.pdf 4 et.hristopher Perez From: Christopher Perez Sent: Wednesday, June 17, 2015 2:50 PM To: Diantha McKee! Subject: SDP2015-20 Inglewood Terrace—initial site plan Attachments: VDOT COMMENTS 6-2-15.pdf; SDP2015-20_Inglewood Terrace- Initial Site Plan.pdf; Soil report.pdf; E1_sdp_Inglewood Terrace.pdf Diantha, SDP2015-20 Inglewood Terrace—initial site plan Attached are staff comments for the proposal mentioned above. I'd review the comments in the following order: 1) SDP2015-20 Inglewood Terrace—initial site plan (Lead reviewers comments) 2) El sdp Inglewood terrace (Engineering's comments) 3)VDOT Comments 4) Soil report 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:Thursday,June 11, 2015 12:27 PM To: Diantha McKee! Cc: Megan Yaniglos;Wayne Cilimberg Subject: RE: Inglewood Terrace Diantha, Give me a call whenever you are free and we can talk...or let me know when you want to meet in person and look at the plans. I'd be happy to fill you in on this project. 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 From:Wayne Cilimberg Sent:Thursday,June 11, 2015 12:08 PM To: Diantha McKee! Cc:Christopher Perez; Megan Yaniglos Subject: RE: Inglewood Terrace Diantha, Chris Perez is the lead reviewer for this site plan, so please feel free to speak to him (296-5832 ext. 3443). Megan Yaniglos oversees our site plan reviews, so I've copied her as well so she is aware of the inquiry. 1 Best, Wayne From: Diantha McKeel Sent:Thursday,June 11, 2015 11:03 AM To:Wayne Cilimberg Cc: Diantha McKeel Subject: FW: Inglewood Terrace Hi Wayne! Whom is the best person to speak with regarding this application? I need to get up to speed on the project. Thanks! Diantha From: Fayen-Engel, Margaret P. [Margaret.Fayen-Engel @opm.gov] Sent: Thursday, June 11, 2015 10:26 AM To: Diantha McKeel Subject: RE: Inglewood Terrace Thanks Diantha, look forward to speaking with you. Margaret From: Diantha McKeel [mailto:dmckeek albemarle.orq] Sent: Thursday,June 11, 2015 10:02 AM To: Fayen-Engel, Margaret P. Subject: Re: Inglewood Terrace Margaret, I recently received notification of this project. Let me check with staff about this project and we should talk. Diantha Diantha McKeel Albemarle County Supervisor Sent from my iPhone! Please excuse typos and brevity. On Jun 9,2015, at 12:02 PM, "Fayen-Engel, Margaret P."<Margaret.Fayen-EngelPopm.gov>wrote: Diantha, I am very concerned about the proposed development to a 'ravine'adjacent to my property. This property has come up before,when the slopes were considered 'critical' but are now termed 'managed'. Building nine townhomes on a 1.75 acre lots seems greedy,for lack of a better term. This will be in the center of a neighborhood of single and duplex homes not close to a main artery (Hydraulic).The density issue is one thing but relinquishing a natural area is my main concern.The plan indicates the natural spring running through the property will be placed in a large drain pipe, covered and built upon. I would not object to building a single or duplex structure on each lot in keeping with the surroundings.After attending the initial planning committee meeting it seems VDOT has a few issues with the proposal that may be worked out but how do I appeal to a person's conscientious? I would appreciate any suggestions you could give me in my effort to shrink the scope of this development. 2 Thank you Margaret Fayen-Engel 1705 Solomon Road 531-1586 3 Christopher Perez From: Christopher Perez Sent: Wednesday, June 24, 2015 8:11 AM To: 'Lee Miller' Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan Lee, See my responses in red below. 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: Lee Miller [mailto:le_miller @prodigy.net] Sent:Wednesday,June 24, 2015 7:26 AM To:Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace-initial site plan Hi Christopher, Just wanted to check if any new Justin or county responses on comments? I have not heard from him since I provided him guidance on the entrance and why the private road was not permitted within the publicly dedicated right of way. Most likely he's working on getting the access issue and potential stream feature straightened out for the development before he resubmits. Since 15 days has past since meeting does that mean anything at this time? Not at this time. The time for action on the plan has been suspended as provided for in Section 32.4.2.5(b)2(ii) (section of code provided below). Thus I'm essentially awaiting a resubmittal of the plans. If 6 months passes from the date of the comment letter and the applicant has yet to resubmit the plans, then the project is withdrawn. If the applicant resubmits before 6 months has passed, then the time for action is restarted and I will distribute the revised plans to various reviewers and will take action on the plan within 15 days. Justin did finally reply to my email to him after resending it a second time a week later. Yeah, I'm sure he has a bunch of projects going. But good to hear that he got back to you. Section 32.4.2.5 Review and Action on Initial Site Plan b.Time for action.The agent shall act on the initial site plan within sixty(60)days after the date the plan was officially submitted,provided: 1.Alternative time for action if state agency approval is required.If approval of a feature on the plan by a state agency is required,the agent shall approve or disapprove the plan within thirty-five(35)days after receipt of approvals from all state agencies,and not more than ninety(90)days after the date the plan was officially submitted. 2.Suspension of running of time for action.The running of the time by which the agent must act on a plan shall be suspended:(i)from the date the appeal of a decision on a request for a variation or exception is submitted under section 32.3.6 until the date the planning commission or the board of supervisors,as the case may be,acts on the appeal,whichever takes the final action;(ii)from the date of the letter to the developer until the date the revised initial site plan addressing the required changes is submitted under section 32.4.2.3(b);(iii)from the date of the developer's request for a deferral under section 32.4.2.4(a);and(iv)during any extension granted under section 32.4.2.4(c). 1 New .�✓ Christopher Perez From: Lee Miller<le_miller @prodigy.net> Sent: Wednesday, October 21, 2015 7:52 AM To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace- initial site plan Hi Christopher, Thank you for the info. Please keep me notified when they notify of their intentions-commits,as you related below of 3 weeks a go of their plan of pursuit.There may me legal action concerning these issues and time is of essence. I have asked many times to be kept informed of responses!As you state in the email you were notified 3 weeks ago, I and other interested parties in our community demand to be kept informed in a timely manner!This is the Department of"Community"Development, not the Department of Developers! Look forward to seeing you at 2PM today. Thank you, Leimon Miller From: Christopher Perez<cperez @albemarle.org> To: Lee Miller<le miller @prodigy.net> Sent: Tuesday, October 20, 2015 4:24 PM Subject: RE: SDP2015-20 Inglewood Terrace- initial site plan Lee, Attached are the initial comments from the 1st round of review for the proposal (I believe you received these before). The largest comment that the applicant needed to address was that of Access, see comment #2 from the attached comment letter titled: "SDP2015-20 Inglewood Terrace...'; which is a comment that came from me. VDOT also commented on it via their#12 comment. The applicant's engineer (Justin Shimp) contacted me about 3 weeks ago and said they are going to pursue vacation of the public right of way which serves their parcel. Such a plat has yet to be submitted to vacate the r/w; regardless, the initial site plan could move forward w/ conditional approval with that as one of the main conditions to be addressed before final site plan approval is given. I just opened up the plan to answer your question and it's not clear from the initial site plan that a vacation of the public right of way is what is happening; rather, the applicant's response letter to my access comment states: "This matter has been taken care of. The entrance of Inglewood Drive has now a 50'ROW, in which half will be given to both the adjacent neighbors on TMP" Regardless, the initial site plan could move forward w/ conditional approval with that as one of the main conditions to be addressed before final site plan approval is given. If the applicant cannot get that R/W properly vacated they could access the site via a Public Road within the public right of way. So it's not really a game stopper, it's just how they choose to move forward. Another seemingly large comment came from Fire & Rescue, comment #1 about requiring a turn around. The applicant's response is that they provided stripped turn around. Fire & Rescue will review this and determine if it's acceptable. The various reviewers of this project are as follows: I'd give them some time to receive the plans before you contact them about their review. i Now *oaf Albemarle County Planning Services (Planner) - [Christopher Perez (434)-296-5832 Ext. 3443] Albemarle County Engineering Services (Engineer) - [Previously reviewed by Michelle Roberge]—She is no longer with the County, and a different Engineer, Justin Deel will be reviewing it (434)-296-5832 Ext. 3565. Albemarle County Information Services (E911) - [Andy Slack (434)-296-5832 Ext. 3384] Albemarle County Building Inspections - [Jay Schlothauer(434)-296-5832 Ext. 3228] Albemarle County Department of Fire Rescue - [Robbie Gilmer 434-531-6606] Albemarle County Service Authority - [Alex Morrison (434) 977-4511 Ext. 116] Virginia Department of Transportation - [Shelly Plaster(434) 422-9373] Albemarle County Police Department— is no longer reviewing site plans at this time. 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: Lee Miller [mailto:Ie_miller @prodigy.net] Sent: Tuesday, October 20, 2015 12:48 PM To: Christopher Perez <cperez @albemarle.org> Subject: Fwd: SDP2015-20 Inglewood Terrace - initial site plan Could I get the contact info for the various reviewers you mentioned below that would be making commits on large items you referenced to include what those revisions are? Sent from my iPhone Begin forwarded message: From: Lee Miller <le millerprodigy.net> Date: October 20, 2015 at 10:16:26 AM EDT To: Christopher Perez <cperez(a�albemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Ok Sent from my iPhone On Oct 20, 2015, at 8:37 AM, Christopher Perez <cperez(a albemarle.orq> wrote: Lee, Yes, I am available to meet with you this Wednesday, October 21st. How does 2pm sound? 2 Revisions to the plan`just came in and were just distributed various reviewers. Being we just received this plan set I've yet to open it up and get into a review. Prior to my having conducting a review of the revisions I feel ill prepared to have a detailed discussion with you about what has and has not been addressed from our initial review. Regardless, we can meet and look over the plans together. Notably you do not need me there for you to look at the plans. I can place the plans at the front desk with your name on them for you to look over, if you so desire. Typically this is how citizens review the plans prior to staff conducting their review. Looking at my workload, I could open the plans up on Tuesday, October 27th and have my review completed by Wednesday, Oct 28th of next week if you would rather wait till then to meet. Let me know. The review for this project should be fairly simple as it is a by-right development and staff conducted a thorough review initially and any change to the plans should be based on staff requested revisions. Thus my review will consist of pulling the initial comment letter and plans and going down the list of previous comments and determining what has been adequately addressed and what had not. Anything that has not been adequately addressed will either be a Condition of Approval or a reason for Denial. As for any new comments which may come out of the review they will also either be a Condition of Approval or a reason for Denial. Hope this helps. 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: Lee Miller [mailto:le miller(a�prodigy.netl Sent: Tuesday, October 20, 2015 7:34 AM To: Christopher Perez <cperezalbemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Yes I do want to meet with you and look this over on this Wednesday, are you available?. Your time line for explanation to be familiar with a week before a deadline for finalized commits on 11/3 is an injustice to our community! From: Christopher Perez<cperezalbemarle.orq> To: Lee Miller<le miller(ci)prodigy.net> Sent: Tuesday, October 20, 2015 6:48 AM Subject: RE: SDP2015-20 Inglewood Terrace-initial site plan Lee, I've yet to review the proposal myself and won't get to it till Wed of next week. Thus I'm not going to be much use explaining the changes to you at this point. If you are set on this Wednesday I can pull the original plan and the revision and you can look at them side by side with the responces 3 from the engineer. Let me know. *owe 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: Lee Miller [mailto:Ie miller(a�prodigy.net1 Sent: Monday, October 19, 2015 7:05 PM To: Christopher Perez <cperez©albemarle.org> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Yes, I do want to meet with you to explain what has happened. Would Wed. About 1 PM work for you? Sent from my iPhone On Oct 19, 2015, at 3:28 PM, Christopher Perez <cperez(a�albemarle.orq> wrote: All, SDP2015-20 Inglewood Terrace - initial site plan You are receiving this email because you showed interested in the initial site plan for the above referenced project. On Friday the County received a revision to the above referenced initial site plan. The revision was to address a couple of large items. Aside from these items nothing much changed with regard to the density or the layout of the proposal. Staff has sent the revisions to various reviewers and am awaiting their responses. I anticipate comments to be finalized on this version of the plan by 11-3-15, after which either an approval w/ conditions or a denial will be sent out. If you would like to view the plan, let me know what date you would like to swing by and I'll leave a copy downstairs for you to review. 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 ` r t JJ Sent: Monday, October 19, 2015 3:28 PM �/ 6 � To: Christopher Perez LJ�`' Subject: SDP2015-20 Inglewood Terrace- initial site plan f_ S 11LI 7,1`,5 All, SDP2015-20 Inglewood Terrace- initial site plan You are receiving this email because you showed interested in the initial site plan for the above referenced project. On Friday the County received a revision to the above referenced initial site plan. The revision was to address a couple of large items. Aside from these items nothing much changed with regard to the density or the layout of the proposal. Staff has sent the revisions to various reviewers and am awaiting their responses. I anticipate comments to be finalized on this version of the plan by 11-3-15, after which either an approval w/ conditions or a denial will be sent out. If you would like to view the plan, let me know what date you would like to swing by and I'll leave a copy downstairs for you to review. Thanks Christopher P. Perez!Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext. 3443 1 Christopher Perez From: Lee Miller<le_miller @prodigy.net> Sent: Thursday, October 29, 2015 7:25 AM To: Justin Deel; Christopher Perez Subject: Fw: SDP2015-20 Inglewood Terrace- initial site plan Attachments: Fairfax County Perennial_Streams_Protocols.pdf 1 Hi Justin, I am forwarding correspondence concerning the initial site plan with former County Engineer Michelle Roberge. The file attachment was the recommended science to proceed to a finding that the stream is an intermittent (Perennial) stream. The project's engineering statement letter of 10/15/2015 on line 16 on page 1 under Private Street states "We believe it to be an intermittent stream." is inaccurate based on no science. It does not satisfy the requested comment made by Michelle. The neighborhood that would be affected by this project has lived around the stream for more than 20 years and knows it to be a perennial stream. It originates at springs between Solomon and North Bennington Roads. We ask that your comments demand a scientific study be conducted prior to any site approval! Thank you, Please respond that you received this? Lee Miller Parcel ID 061K0-10-00-000A1 Forwarded Message From: Michelle Roberge <mroberge @albemarle.org> To: Lee Miller<le_miller @prodigy.net> Cc: Christopher Perez<cperez @albemarle.org> Sent: Wednesday, June 10, 2015 8:52 AM Subject: FW: SDP2015-20 Inglewood Terrace- initial site plan Hi Lee, I meant to send this to you as well. -Michelle Roberge From: Michelle Roberge Sent: Wednesday, June 10, 2015 8:52 AM To: Christopher Perez Subject: RE: SDP2015-20 Inglewood Terrace - initial site plan We have no problems with accepting a certified engineering study of the stream on the adjoining properties. Please pass the stream protocol to the certified engineer who will perform the study. Thanks, -Michelle Roberge 1 time Nia00 From: Christopher Perez Sent: Wednesday, June 10, 2015 7:41 AM To: Lee Miller Cc: Michelle Roberge Subject: RE: SDP2015-20 Inglewood Terrace - initial site plan Lee, See my responses below in red. Christopher P. Perez 1 Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext. 3443 From: Lee Miller [mailto:le millerftprodigy.netj Sent: Wednesday, June 10, 2015 7:35 AM To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Hi Christopher, Thanks again for your response! Could I get Michelle Roberge contact info? 434.296.5832 ext. 3458 and I CCed her to this email (sorry forgot to do that last time). Please keep me informed on Justin or county responses on comments. ok Thank you, Leimon Miller From: Christopher Perez<cperez(a�albemarle.orq> To: Lee Miller<le miller(aprodigy.net> Sent: Wednesday, June 10, 2015 6:50 AM Subject: RE: SDP2015-20 Inglewood Terrace- initial site plan Lee, See my responses below 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: Lee Miller [mailto:le miller(c�prodigy.netj Sent: Tuesday, June 09, 2015 7:52 AM To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Hi Christopher, Has there been a response from Justin to your request of how do you want to proceed? No, rather he is asking staff questions on what grounds we'd deny the plans based on the access and where in the ordinance am I couching my 2 • decision. While I have ordinance justification, this also seems to be a legal question of ownershi g q p...thus I've yet to respond and am awaiting County Attorney consultation. Has Justin responded to answer any of the comments? Not yet. What is the process for vacating the public ROW? https://legl.state.va.us/cqi-bin/legp504.exe?000+cod+15.2-2272 Would the County except an certified engineering study from the adjoining property owners concerning the stream? If you had such a study it may be helpful, I'd suggest you consult w/County Engineering staff on this item. Michelle Roberge is the Engineer on this project she knows the ins and outs of the stream conversation. She has been CCed to this email. I have emailed Justin as you suggested asking about the grading you indicated on my driveway and his remark at Review meeting that no disturbance beyond existing the edge of the existing driveway. Also, asked that my property be given a buffer like other adjoining properties for undisturbed area. No reply as yet. Thank you, Leimon Miller From: Christopher Perez<cperez(a�albemarle.orq> To: 'Lee Miller' <le miller a(�prodigy.net>; "tonyhayba(cr�gmail.com"<tonyhayba(&gmail.com> Sent: Wednesday, June 3, 2015 4:07 PM Subject: SDP2015-20 Inglewood Terrace- initial site plan Abutting owners, SDP2015-20 Inglewood Terrace - initial site plan Each of you have requested the attached comments for the above referenced project. (Please note my comment letter states that Engineering's comments are attached and dated 6-3-15, Michelle is currently finalizing her comments and will send them to the applicant shortly, they will be available at tomorrow's meeting). Also attached is the soil report for the project from Thomas Jefferson Soil and Water Conservation District. If you have any questions feel free to ask. See you tomorrow at SRC if you choose to attend. 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 From: Christopher Perez Sent: Wednesday, June 03, 2015 3:43 PM To: 'Justin Shimp, P.E.' Cc: Michelle Roberge Subject: SDP2015-20 Inglewood Terrace - initial site plan Justin, SDP2015-20 Inglewood Terrace - initial site plan Attached are the comments for the above referenced project. (Please note my comment letter states that Engineering's comments are attached and dated 6-3-15, Michelle is currently finalizing her 3 %If 441100 comments and will send them to you shortly.) Also attached is the soil report for the project from Thomas Jefferson Soil and Water Conservation District. 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 4 ., •Christopher Perez From: Lee Miller<le_miller @prodigy.net> Sent: Thursday, October 29, 2015 7:26 AM , To: Christopher Perez Subject: Re: SDP2015-20 Inglewood Terrace- initial site plan '�" A, / } f Hi Christopher, 1 IS �i� / F L` '�+ �,� 7�' Lam/] / • �C,lG��l I o/t? «��re� P i.J c, .S'O /c,., ;7�3 41r«�l �.i Thank you for meeting me last week �J�f� el, , Here are 3 items that I ask to be addressed in your comments b : ponse to Shimp letter of 10/15/2015: Item#1 ✓ Concerning The Shimp letter of 10/15/2015 on pa e . under . ccess#2 sta - "This matter has been taken care of", is just a boasting inaccurate statement ere is no 50' RO and ,. � — � .' ead"acent nei_hbors on TMP have not and will riot`accept, may"property to establish itPPlease comment that this is completely unacceptable to your request. Please forward this' email to Shelly Plaster at VDOT for her comments and Cc me as I do noave that contact information. Item 2: 1. -'ivyz! lisof `urf The largest comment that the applicant needed to address was that of Access, see comment #2 from the attached comment letter titled: "SDP2015-20 Inglewood Terrace...", which is a comment that came from me. VDOT also commented on it via their#12 comment. The applicant's engineer (Justin Shimp) contacted me about 3 weeks ago and said they are going to pursue vacation of the public right of way which serves their parcel. Such a plat has yet to be submitted to vacate the r/w; regardless, the initial site plan could move forward w/ conditional approval with that as one of the main conditions to be addressed before final site plan approval is given. I just opened up the plan to answer your question and it's not clear from the initial site plan that a vacation of the public right of way is what is happening; rather, the applicant's response letter to my access comment states: "This matter has been taken care of. The entrance of Inglewood Drive has now a 50'ROW, in which half will be given to both the adjacent neighbors on TMP". Regardless, the initial site plan could move forward w/ conditional approval with that as one of the main conditions to be addressed before final site plan approval is given. If the applicant cannot get that R/W properly vacated they could access the site via a Public Road within the public right of way. So it's not really a game stopper, it's just how they choose to move forward. Another seemingly large comment came from Fire & Rescue, comment #1 about requiring a turn around. The applicant's response is that they provided stripped turn around. Fire & Rescue will review this and determine if it's acceptable. The various reviewers of this project are as follows: I'd give them some time to receive the plans before you contact them about their review. Albemarle County Planning Services (Planner) - [Christopher Perez (434)-296-5832 Ext. 3443] Albemarle County Engineering Services (Engineer) - [Previously reviewed by Michelle Roberge]—She is no longer with the County, and a different Engineer, Justin Deel will be reviewing it (434)-296-5832 Ext. 3565. Albemarle County Information Services (E911) - [Andy Slack (434)-296-5832 Ext. 3384] Albemarle County Building Inspections - [Jay Schlothauer (434)-296-5832 Ext. 3228] Albemarle County Department of Fire Rescue - [Robbie Gilmer 434-531-6606] Albemarle County Service Authority- [Alex Morrison (434) 977-4511 Ext. 116] Virginia Department of Transportation - [Shelly Plaster(434) 422-9373] Albemarle County Police Department— is no longer reviewing site plans at this time. 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: Lee Miller [mailto:le_miller @prodigy.net] Sent: Tuesday, October 20, 2015 12:48 PM To: Christopher Perez <cperez @albemarle.org> Subject: Fwd: SDP2015-20 Inglewood Terrace - initial site plan Could I get the contact info for the various reviewers you mentioned below that would be making commits on large items you referenced to include what those revisions are? 2 Sent from my iPhone Begin forwarded message: From: Lee Miller<le miller(c�prodigy.net> Date: October 20, 2015 at 10:16:26 AM EDT To: Christopher Perez <cperez(a�albemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Ok Sent from my iPhone On Oct 20, 2015, at 8:37 AM, Christopher Perez <cperez(a�albemarle.orq> wrote: Lee, Yes, I am available to meet with you this Wednesday, October 21St. How does 2pm sound? Revisions to the plan just came in and were just distributed to various reviewers. Being we just received this plan set I've yet to open it up and get into a review. Prior to my having conducting a review of the revisions I feel ill prepared to have a detailed discussion with you about what has and has not been addressed from our initial review. Regardless, we can meet and look over the plans together. Notably you do not need me there for you to look at the plans. I can place the plans at the front desk with your name on them for you to look over, if you so desire. Typically this is how citizens review the plans prior to staff conducting their review. Looking at my workload, I could open the plans up on Tuesday, October 27th and have my review completed by Wednesday, Oct 28th of next week if you would rather wait till then to meet. Let me know. The review for this project should be fairly simple as it is a by-right development and staff conducted a thorough review initially and any change to the plans should be based on staff requested revisions. Thus my review will consist of pulling the initial comment letter and plans and going down the list of previous comments and determining what has been adequately addressed and what had not. Anything that has not been adequately addressed will either be a Condition of Approval or a reason for Denial. As for any new comments which may come out of the review they will also either be a Condition of Approval or a reason for Denial. Hope this helps. Christopher P. Perez I Senior Planner 3 Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville, VA 22902 434.296.5832 ext. 3443 From: Lee Miller [mailto:le miller(a�prodigy.net� Sent: Tuesday, October 20, 2015 7:34 AM To: Christopher Perez <cperezalbemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Yes I do want to meet with you and look this over on this Wednesday, are you available?. Your time line for explanation to be familiar with a week before a deadline for finalized commits on 11/3 is an injustice to our community! From: Christopher Perez<cperez(a�albemarle.orq> To: Lee Miller<le miller(a�prodigy.net> Sent: Tuesday, October 20, 2015 6:48 AM Subject: RE: SDP2015-20 Inglewood Terrace- initial site plan Lee, I've yet to review the proposal myself and won't get to it till Wed of next week. Thus I'm not going to be much use explaining the changes to you at this point. If you are set on this Wednesday I can pull the original plan and the revision and you can look at them side by side with the responces from the engineer. Let me know. 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: Lee Miller [mailto:Ie miller a(�prodigy.net� Sent: Monday, October 19, 2015 7:05 PM To: Christopher Perez <cperez(a�albemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Yes, I do want to meet with you to explain what has happened. Would Wed. About 1 PM work for you? Sent from my iPhone On Oct 19, 2015, at 3:28 PM, Christopher Perez <cperez a(�albemarle.orq> wrote: All, SDP2015-20 Inglewood Terrace - initial site plan You are receiving this email because you showed interested in the initial site plan for the above referenced project. On Friday the County received a revision to the above 4 referenced initial site plan. The revision was to address a couple of large items. Aside from these items nothing much changed with regard to the density or the layout of the proposal. Staff has sent the revisions to various reviewers and am awaiting their responses. I anticipate comments to be finalized on this version of the plan by 11-3-15, after which either an approval w/ conditions or a denial will be sent out. If you would like to view the plan, let me know what date you would like to swing by and I'll leave a copy downstairs for you to review. 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 5 ENVIRONMENTAL "Environmental Services 4016 Hampton"trive CONTROL With Waynesboro, Virginia 22980 OPPORTUNITIES,LLC Economical Solutions" Telephone: (540) 942-1104 June 19, 2015 Shimp Engineering Attn: Justin Shimp 201 E. Main Street, STE M Charlottesville, Virginia 22902 Re: Stream Categorization For Proposed Inglewood Terrace Tax Map 61, Parcel 10A and 10A2 Charlottesville, Virginia Mr. Shimp: This letter is in reference to the one stream which flows through the above-referenced properties. ECO personnel visited this site on June 19,2015 to review the condition of this stream. We utilized the Perennial Stream Field Identification Protocol(Dated May 2003)as our guide and completed the attached and related Data Sheet in the field. This was completed after walking the entire reach on the property, probing the sub-surface soils along the sides of the channel, and taking visual observations in accordance with the protocol. This stream is an un-named channel which is not depicted on the USGS Topographical Map for the area as either a perennial or an intermittent stream. Based on our field observations, review of mapping for the site,and review of the drainage area(approximately 35 acres);this stream has been recorded on the attached sheest as an intermittent stream. While 25 points are normally needed for a perennial stream, the score on this stream was 18.5. If you should have any questions concerning our observations, please contact me. I appreciate the opportunity to have worked with you as your Environmental Consultant on this project. Best Regards, ENVIRONMENTAL CONTROL OPPORTUNITIES, LLC 0o David L. Powell, CHMM, REM Environmental Scientist 1 i : Nor' ',owe Site ID: .n3 A'e..,* 'fern•,,e Total Score: Date: 6//S /) e,i..s' Recorder: E'Co i.....(.: /0...4 a Pc,ti✓el) Time: 9 _`►'-5 I) -a 'A 1'1 Evaluators: Field Indicators: 1.)Streamflow and Hydrology Absent Weak Moderate Strong 1.) Presence or absence of flowing water and>48 hrs since last rainfall 0 1 10 3 2.) Presence of high groundwater table 0 0 2 3 or seeps and springs 3.) Leaflitter in streambed 1.5 1 CO15, 0 4.) Drift lines ( 0.5 1 1.5 5.) Sediment on debris or plants 0 0.5 1 1.5 Total Streamfiow and Hydrology Points: 2- - 11.)Geomorphology Absent Weak Moderate Strong 1.) Riffle-pool sequence 0 1 � 3 2.) Substrate Sorting(USDA texture in streambed) 0 1 t ' 3 3.) Natural Levees Cr 1 2 3 4.)Sinuosity 0 i New- V.) Benthic Macroinvertebrates Absent Weak Moderate Strong 1.) Benthic Macroinvertebrates 0.5 1 1.5 2.) Bivalves 1 2 3 3.) EPT taxa Present = 3 Absent Total Benthic Macroinvertebrates Points: D VI.)Vertebrates Absent Weak Moderate Strong 1.)Fish 0 0.5 1.5 2.)Amphibians 0.5 1 1.5 Total Vertebrates Points: I Total Score: f g_ BenthicslAmphibians Found: ►Ju e Weather Rain Gauge (r14'0 4;-,,0,--}' Date of Last Rainfall (C) i'7 /l - Rainfall Amount C). 6 6 Reach Description Upstream: TRB HCT GRC RCU POF SDO R RPA Other: Downstream: TRB HCT GRC RCU POF SDO ARE RPA Other: Comments: Storm Network Connections and Watershed Observations � Stv Lz„.inGC i.a.t ° n y Kt1 t r".kin /,/ j A.16 C ts, Riparian Buffers Width Riparian Buffer Comments LB: Distance >25 fe 26-50 51-75 76-100 100+ Cover type: Cfrge, Shrub Herbaceous Lawn Other: Dominant Species:1-v.3:10 Pct. JE. 4v/h; mkn RB: Distance >25 feel 26-50 51-75 76-100 1100+ Cover type: wt., Shrub Herbaceous Lawn Other: Dominant Species: Iter� h.i� �wK N>rl'1,ew„ Rte{C+-K, R e.t. M ,Pie Other Observations and Comments: Is the reach perennial? YES NO" Photo# Direction (US,DS,LB, RB) Notes Christopher Perez From: Justin Shimp, P.E. <justin @shimp-engineering.com> Sent: Thursday, October 29, 2015 9:06 PM To: Justin Deel Cc: Christopher Perez Subject: Inglewood Terrace Stream Report Attachments: Stream Ientification_InglewoodTerrace_6_19_15.pdf Justin, As discussed earlier,here is the report from David Powell noting that the stream is intermittent. Justin Shimp,P.E. 434-953-6116 1 Christopher Perez From: Lee Miller<le_miller @prodigy.net> Sent: Friday, October 30, 2015 2:54 PM To: Justin Deel Cc: Christopher Perez Subject: Re: Inglewood Terrace Stream Report Thanks - will get back next week with who/when Sent from my iPhone On Oct 30, 2015, at 2:06 PM, Justin Deel <jdeel(&,albemarle.org> wrote: Mr. Miller, I am obliged to review and consider any information that you provide. Justin Deel, Ell Civil Engineer 11 Department of Community Development County of Albemarle, Virginia 434.296.5832 ext. 3565 From: Lee Miller[mailto:le miller @prodigy.net] Sent: Friday, October 30, 2015 1:50 PM To:Justin Deel<ideel@albemarle.org>; Christopher Perez<cperez@albemarle.org> Subject: Re: Inglewood Terrace Stream Report Hi Christopher& Justin, We in the community are meeting this evening and tomorrow concerning this. We have contacted another company about doing this study. Will you except another study from another certified company and allow the time for it to be conducted? Thank you, Lee Miller From: Justin Deel <jdeel(a�albemarle.orq> To: Christopher Perez<cperez(c�albemarle.orq> Cc: Lee Miller<le miller(cr�prodigy.net> Sent: Friday, October 30, 2015 1:34 PM Subject: RE: Inglewood Terrace Stream Report Christopher, 1 Christopher Perez From: Lee Miller<le_miller @prodigy.net> Sent: Friday, October 30, 2015 12:19 PM To: Christopher Perez Subject: Re: Inglewood Terrace Stream Report Hi Christopher, It's seems deceiving & odd that in their 10/15/2015 response letter to you that they did not indicate this report. It also appears to be conducted on a single day after an extended drought period. That is not scientific. You should require testing periods at different time periods. Ask your County Engineer what he saw at the site visit the other day! A study by an approved independent company, not paid for by the development engineering company, who is on the developer's payroll would serve The community! Once again, this is the Department of Community Development, not the Department for Developers. In a meeting with others in the community last night, others feel left out in not receiving information to all of the joining land owners! Thank you, Lee Miller From: Christopher Perez<cperez @albemarle.org> To: Lee Miller<le_miller @prodigy.net> Cc: Justin Deel <jdeel @albemarle.org> Sent: Friday, October 30, 2015 10:45 AM Subject: FW: Inglewood Terrace Stream Report Lee, SDP2015-20 Inglewood Terrace — initial site plan Inglewood Terrace Stream Report Attached is a stream categorization analysis which was just provided by Justin Shimp. Engineering staff is reviewing it to determine if it will suffice to determine what the feature truly is. Christopher P. Perez 1 Senior Planner Department of Community Development!County of Albemarle, Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext. 3443 From: Justin Shimp, P.E. [mailto:justin @shimp-engineering.com] Sent: Thursday, October 29, 2015 9:06 PM To: Justin Deel <jdeel @albemarle.org> Cc: Christopher Perez <cperez @albemarle.org> Subject: Inglewood Terrace Stream Report Justin, As discussed earlier, here is the report from David Powell noting that the stream is intermittent. Justin Shimp, P.E. 434-953-6116 1 Christopher Perez From: Christopher Perez Sent: Friday, October 30, 2015 10:45 AM To: 'Lee Miller' Cc: Justin Deel Subject: FW: Inglewood Terrace Stream Report Attachments: Stream Ientification_InglewoodTerrace_6_19_I5.pdf Lee, SDP201 5-20 Inglewood Terrace—initial site plan Inglewood Terrace Stream Report Attached is a stream categorization analysis which was just provided by Justin Shimp. Engineering staff is reviewing it to determine if it will suffice to determine what the feature truly is. Christopher P. Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From:Justin Shimp, P.E. [mailto:justin @shimp-engineering.com] Sent:Thursday, October 29, 2015 9:06 PM To:Justin Deel<jdeel @albemarle.org> Cc:Christopher Perez<cperez @albemarle.org> Subject: Inglewood Terrace Stream Report Justin, As discussed earlier,here is the report from David Powell noting that the stream is intermittent. Justin Shimp,P.E. 434-953-6116 1 Christopher Perez From: Robbie Gilmer Sent: Saturday, October 31, 2015 11:46 AM To: Christopher Perez Subject: RE: SDP201500020 Inglewood Terrace—Initial Site Plan Chris, I have completed my review of the SDP201500020 Inglewood Terrace. Please see below my comments which I have entered into County View. Based on plans dated 10/15/15. 1. Dead end roads greater than 150' require an approved turn around for emergency vehicles. per 2009 VSFPC 503.2.5 Approved turn arounds for emergency vehicles include but not limited to the following dimensions, 120-foot Hammerheads, 60-foot "Y" or 96 foot diameter cul-de-sac. If more information is needed please contact Robbie Gilmer of the Albemarle County Fire Marshal Office. THANK YOU, ROBERT GILMER CAPT/ASSIST FIRE MARSHAL ALBEMARLE COUNTY FIRE RESCUE 460 STAGECOACH ROAD CHARLOTTESVILLE, VA. 22902 OFFICE 434-296-5833 CELL 434-531-6606 From:Christopher Perez Sent: Friday, October 30, 2015 9:07 AM To: Robbie Gilmer<rgilmer @albemarle.org> Subject: RE:SDP201500020 Inglewood Terrace—Initial Site Plan Robbie, Ok, sounds good. Thanks for your help. If what is provided on the revised plans does not meet the minimum requirements to satisfy Fire and Rescue, in addition to just stating that they need an adequate turn around. Can you provide a loose example of what would meet the requirements for sure a turn around. One of the things I hope to fully understand from your comments is IF today's layout does not meet the requirements, what exactly they must do. And will they need a major redesign to address your comments, or do they have enough space. (The above does not need to be in your official comment letter to the applicant if you do not want it in there but I really need to know the above info for approval purposes). Thanks Christopher P. Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 1 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext. 3443 From: Robbie Gilmer Sent: Friday, October 30, 2015 9:01 AM To:Christopher Perez<cperez @albemarle.org> Subject: RE: SDP201500020 Inglewood Terrace—Initial Site Plan Chris, I haven't started that review yet, I have it on my calendar for tomorrow morning. I'll email you tomorrow when I finish it. Robbie From:Christopher Perez Sent:Thursday,October 29, 2015 8:26 AM To: Robbie Gilmer<rgilmer@albemarle.org> Subject:SDP201500020 Inglewood Terrace—Initial Site Plan Robbie, SDP201500020 Inglewood Terrace—Initial Site Plan Checking on the status of your review for the above project, which was resubmitted 10-19-15. Just checking be of the other items which did not take in Countyview. Your 1st review provided the following comments: Based on plans dated 4/20/15 1. Dead end roads greater then 150'require an approved turn around for emergency vehicles. per 2009 VSFPC 503.2.5 2. Fire Flow test required prior to final approval. Let me know when you complete your review of the revision. Christopher P. Perez I Senior Planner Department of Community Development (County of Albemarle.Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext. 3443 2 Christopher Perez From: Lee Miller<le_miller @prodigy.net> Sent: Wednesday, November 04, 2015 8:57 AM To: Christopher Perez Subject: Fw: SDP2015-20 Inglewood Terrace- initial site plan Attachments: Contract of Purchase Land from Millers to Gillispie.pdf Hi Christopher, Further information on driveway, The file attachment is the Real Estate contract showing driveway access for me all along to the rear corner including the part that lies on the B2. Once again there can be no grading or obstruction on this driveway. Setbacks should be set back from the maintenance of it. We are in contact with 2 Environmental Companies and waiting for response on stream. Thank you, Lee Miller Forwarded Message From: Lee Miller<le_miller @prodigy.net> To: Christopher Perez<cperez @albemarle.org> Sent: Thursday, October 29, 2015 1:10 PM Subject: Re: SDP2015-20 Inglewood Terrace- initial site plan Hi Christopher, Would Shelly Plaster email at VDOT be: splaster(a)vdot.orq? Thanks - Lee Sent from my iPhone On Oct 29, 2015, at 12:51 PM, Christopher Perez <cperezCa�albemarle.orq> wrote: Lee, Sure thing, attached is a scanned copy. 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: Lee Miller [mailto:le miller(a)prodigy.netl Sent: Thursday, October 29, 2015 12:49 PM To: Christopher Perez <cperez(a�albemarle.orq> Subject: Fw: SDP2015-20 Inglewood Terrace - initial site plan Hi Christopher, 1 rrrt Could you email me a copy of the handout you gave me at are last meeting. It was the letter from Shimp dated 10/15/2015 to you about our site plan comments. I need an electronic copy of the letter. Thanks, Lee Miller Forwarded Message From: Lee Miller<le miller(a�prodigy.net> To: Christopher Perez<cperez(W‘albemarle.orq> Sent: Thursday, October 29, 2015 7:25 AM Subject: Re: SDP2015-20 Inglewood Terrace-initial site plan Hi Christopher, Thank you for meeting me last week. Here are 3 items that I ask to be addressed in your comments to response to Shimp letter of 10/15/2015: Item #1 Concerning The Shimp letter of 10/15/2015 on page 1 under Access#2 states"This matter has been taken care of', is just a boasting inaccurate statement. There is no 50' ROW, the adjacent neighbors on TMP have not and will not accept any property to establish it! Please comment that this is completely unacceptable to your request. Please forward this email to Shelly Plaster at VDOT for her comments and Cc me as I do not have that contact information. Item 2: Concerning The Shimp letter on /15/2015 on page 3 under Engineering #18 states: "We will not be impacting TMP 61K0-10-A1 is yet another inaccurate statement. This driveway of more than 20 years serves both lots and the grading shown cuts the driveway in half, which would eliminate the turnaround and stops access to my home. Since the driveway serves my home there will be no excavation to it or along its sides for a distance of 3' to keep up the maintenance which has been ongoing for over20 years. In essence, the driveway with its maintenance area on either side of the lots line is by Virginia Real Estate code law Easement by prescription. This is notification of that fact. Please amend you comments to reflect this as it affects the project excavation and building setbacks. Item 3 — Concerning the Perennial Stream —This was sent in another email asking to forward to Shelly Plaster at VDOT & Cc to me. Bottom line: We ask that in making comments on this project that you deny the initial site plan as the Shimp Engineering has not answered the major comments requested. The boastful statements are not facts! The project currently has no approved access for what is being proposed. Project plans do not reflect the Perennial steam. The project plans are an insult to my right way driveway to my home. Thank you, Lee Miller Parcel ID 061K0-10-00-000A1 and the other surrounding land owners. From: Christopher Perez<cperez(a�albemarle.orq> To: Lee Miller<le millerna prodigy.net> 2 gent: Tuesday, October 20, 2015 4:24 PM vie Subject: RE: SDP2015-20 Inglewood Terrace- initial site plan Lee, Attached are the initial comments from the 1St round of review for the proposal (I believe you received these before). The largest comment that the applicant needed to address was that of Access, see comment #2 from the attached comment letter titled: "SDP2015-20 Inglewood Terrace...", which is a comment that came from me. VDOT also commented on it via their#12 comment. The applicant's engineer (Justin Shimp) contacted me about 3 weeks ago and said they are going to pursue vacation of the public right of way which serves their parcel. Such a plat has yet to be submitted to vacate the r/w; regardless, the initial site plan could move forward w/ conditional approval with that as one of the main conditions to be addressed before final site plan approval is given. I just opened up the plan to answer your question and it's not clear from the initial site plan that a vacation of the public right of way is what is happening; rather, the applicant's response letter to my access comment states: "This matter has been taken care of. The entrance of Inglewood Drive has now a 50'ROW, in which half will be given to both the adjacent neighbors on TMP" Regardless, the initial site plan could move forward wl conditional approval with that as one of the main conditions to be addressed before final site plan approval is given. If the applicant cannot get that R/W properly vacated they could access the site via a Public Road within the public right of way. So it's not really a game stopper, it's just how they choose to move forward. Another seemingly large comment came from Fire & Rescue, comment #1 about requiring a turn around. The applicant's response is that they provided stripped turn around. Fire & Rescue will review this and determine if it's acceptable. The various reviewers of this project are as follows: I'd give them some time to receive the plans before you contact them about their review. Albemarle County Planning Services (Planner) - [Christopher Perez (434)-296-5832 Ext. 3443] Albemarle County Engineering Services (Engineer) - [Previously reviewed by Michelle Roberge] —She is no longer with the County, and a different Engineer, Justin Deel will be reviewing it (434)-296-5832 Ext. 3565. Albemarle County Information Services (E911) - [Andy Slack (434)-296-5832 Ext. 3384] Albemarle County Building Inspections - [Jay Schlothauer(434)-296-5832 Ext. 3228] Albemarle County Department of Fire Rescue - [Robbie Gilmer 434-531-6606] Albemarle County Service Authority- [Alex Morrison (434) 977-4511 Ext. 116] Virginia Department of Transportation - [Shelly Plaster(434) 422-9373] Albemarle County Police Department—is no longer reviewing site plans at this time. 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 3 *ow vire From: Lee Miller Finailto:le miller(p�prodiQV.net� Sent: Tuesday, October 20, 2015 12:48 PM To: Christopher Perez <cperez(a�albemarle.orq> Subject: Fwd: SDP2015-20 Inglewood Terrace - initial site plan Could I get the contact info for the various reviewers you mentioned below that would be making commits on large items you referenced to include what those revisions are? Sent from my iPhone Begin forwarded message: From: Lee Miller<le millerRprodigV.net> Date: October 20, 2015 at 10:16:26 AM EDT To: Christopher Perez <cperez(a albemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Ok Sent from my iPhone On Oct 20, 2015, at 8:37 AM, Christopher Perez <cperezalbemarle.org> wrote: Lee, Yes, I am available to meet with you this Wednesday, October 21St. How does 2pm sound? Revisions to the plan just came in and were just distributed to various reviewers. Being we just received this plan set I've yet to open it up and get into a review. Prior to my having conducting a review of the revisions I feel ill prepared to have a detailed discussion with you about what has and has not been addressed from our initial review. Regardless, we can meet and look over the plans together. Notably you do not need me there for you to look at the plans. I can place the plans at the front desk with your name on them for you to look over, if you so desire. Typically this is how citizens review the plans prior to staff conducting their review. Looking at my workload, I could open the plans up on Tuesday, October 27th and have my review completed by Wednesday, Oct 28th of next week if you would rather wait till then to meet. Let me know. The review for this project should be fairly simple as it is a by-right development and staff conducted a thorough review initially and any change to the plans should be based on staff requested revisions. Thus my review will consist of pulling the initial comment letter and plans and going down the list of previous comments and determining what has been adequately addressed and what had not. Anything that has not been adequately addressed will either be a Condition of Approval or a reason 4 for Denial. As for any new comments which may come out of the review they will also either be a Condition of Approval or a reason for Denial. Hope this helps. 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: Lee Miller [mailto:le miller(a�prodigy.net� Sent: Tuesday, October 20, 2015 7:34 AM To: Christopher Perez <cperez(a�albemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Yes I do want to meet with you and look this over on this Wednesday, are you available?. Your time line for explanation to be familiar with a week before a deadline for finalized commits on 11/3 is an injustice to our community! From: Christopher Perez<cperez(c�albemarle.orq> To: Lee Miller<le miller(a�prodigy.net> Sent: Tuesday, October 20, 2015 6:48 AM Subject: RE: SDP2015-20 Inglewood Terrace- initial site plan Lee, I've yet to review the proposal myself and won't get to it till Wed of next week. Thus I'm not going to be much use explaining the changes to you at this point. If you are set on this Wednesday I can pull the original plan and the revision and you can look at them side by side with the responces from the engineer. Let me know. Christopher P. Perez I Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From: Lee Miller [mailto:Ie miller(a�prodigy.neti Sent: Monday, October 19, 2015 7:05 PM To: Christopher Perez <cperez(a�albemarle.orq> Subject: Re: SDP2015-20 Inglewood Terrace - initial site plan Yes, I do want to meet with you to explain what has happened. Would Wed. About 1 PM work for you? Sent from my iPhone On Oct 19, 2015, at 3:28 PM, Christopher Perez <cperez(c�albemarle.orq> wrote: 5 All, SDP2015-20 Inglewood Terrace - initial site plan You are receiving this email because you showed interested in the initial site plan for the above referenced project. On Friday the County received a revision to the above referenced initial site plan. The revision was to address a couple of large items. Aside from these items nothing much changed with regard to the density or the layout of the proposal. Staff has sent the revisions to various reviewers and am awaiting their responses. I anticipate comments to be finalized on this version of the plan by 11-3-15, after which either an approval w/ conditions or a denial will be sent out. If you would like to view the plan, let me know what date you would like to swing by and I'll leave a copy downstairs for you to review. 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 <SKM 364e-En15102912510.pdf> 6 ws Christopher Perez From: Christopher Perez Sent: Thursday, November 12, 2015 11:29 AM To: 'Lee Miller' Subject: RE: SDP2015-20 Inglewood Terrace—initial site plan Attachments: Action Letter SDP201500020 Inglewood Terrace- initial site plan.pdf Lee, See my responses below in red. Christopher P. Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From: Lee Miller[mailto:le_miller @prodigy.net] Sent:Thursday, November 12, 2015 7:56 AM To:Christopher Perez<cperez @albemarle.org> Subject: Re: SDP2015-20 Inglewood Terrace—initial site plan Christopher, You seem rushed to make a statement when the comments from VDOT just arrived with#2 indicating it has not been addressed at all from the applicant! I am not in a rush but I do need to take action on this item per County Code now that I have all SRC reviewer comments in. VDOT was my only remaining reviewer. I now have their comments and have reviewed them and am prepared to take action on the plan. See the attached conditional approval letter for the site plan which was sent to the applicant just now. It would seem prudent to first asked them to give further detail other than the boast they made in their October 15 letter.The conditional approval letter sufficiently covers this. Also,I would appreciate your thoughts on as you say(some of the incorporated some of your suggestions)prior to you making formal action. * 9' retaining wall with 60"storm sewer pipe which is acting as a dam to the stream that may cause flooding in heavy rainfall—I provided a comment on this item see comment#14. * The Real Estate contract you sent me showing driveway access along to the rear corner including the part that lies on the B2 and the agreement that setbacks should be set back from the maintenance of it.—I reviewed the agreement,which is a private agreement between two land owners. The County does not enforce private agreements. The enforcement of this would be a civil matter between the two property owners involved.Notably in the conditional approval letter I have provided a comment,#23,which speaks to the issue of slight grading on a portion of your driveway and have suggested the applicant contact you and discuss your concerns. Staff has done all we can do on this item. If you would like to contact the applicant and speak to him about this item and the private agreement his contact information is: Justin Shimp—Engineer justin @shimp-engineering.com Brian Gillispie—property owner b-gillispie @msn.com * The stream classification—both Justin Deel and myself have included this item in our conditional approvals(see my comment#13 and Justin's comment#1). * Entrance to the site—see below. Did you contact the owners at the entrance of the public right a way to see if they agree to receive additional property?I did not,rather the onus is on the applicant to do the required work to facilitate his proposed development. If the applicant is unable to vacate the right of way as they propose then they will be required to upgrade that portion of the road to VDOT standards and it'll shall be taken into 1 the state system. Condition#2 sufficiently covers this concern. Also, I emailed you yesterday the person that will be doing the stream report.My conversations with the environmentalists indicate that the steam report by applicant will be blown away. Please submit this study to Justin Deel and myself once it is completed for review. So with entrance,stream and set back issues rushing to make statement is not appropriate.Please wait and obtain the facts! Staff feels that the conditional approval letter sufficiently covers all items which you are concerned about with various conditions for the applicant to meet prior to final site plan. The project is not over by any means,prior to the final site plan being approved the applicant will also have to submit the various development plans mention below and meet all the conditions of the initial site plan: a. Road Plan(which designs the roads)...the road plan would need to be approved and bonded prior to moving forward. b. WPO plan/VSMP permit(these plans deal with stormwater and grading for the site)...the WPO plan would need to be approved and bonded prior to moving forward. c.Once the above are approved,then the applicant can submit the final site plan for review. Once the final site plan is approved they can apply for building permits and build the townhomes. Prior to selling the lots they would then need to submit a final subdivision plat to truly divide/sell the lots. * To be clear there will be no additional public notices for the proposal,unless the applicant is required to go back to the initial site plan and start over again based on a substantial redesigns. If at any time during the project you have questions about what is going on/what stage the development is in, feel free to contact our office and we can tell you what plans we are reviewing for this proposal. Thank you Lee Miller From: Christopher Perez <cperez(a�albemarle.orq> To: Lee Miller<le miller(c prodigy.net> Sent: Wednesday, November 11, 2015 1:31 PM Subject: SDP2015-20 Inglewood Terrace—initial site plan Lee, SDP2015-20 Inglewood Terrace — initial site plan I received and have reviewed VDOT's attached comments on the above reference plan. I plan to take action on this item by COB tomorrow through a conditional approval letter of the initial site plan. I have taken all your comments and suggestions into consideration during my review of the proposal and have incorporated some of your suggestions into my findings which will be included in the letter. I will send you a copy of the conditional approval letter once it is sent to the applicant. Please keep Justin Deel and myself informed about the status of the stream report. Christopher P. Perez 1 Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext. 3443 2