HomeMy WebLinkAboutSUB201600250 Review Comments Easement Plat 2017-02-14 Christopher Perez
From: Christopher Perez
Sent: Tuesday, February 14, 2017 9:33 AM
To: 'Li Lopez'; 'Kirk Hughes'
Subject: Lochyln Hill - LOR 1 to SDP201400044 & SUB201600250 - Easement Plat
Attachments: County Attorney Approval of Legal Docs.pdf
LJ/Kirk,
SUB201600250 - Easement Plat
I offer the following comments on the easement plat:
1) [14-317] Attached is the County Attorney's approval of legal documents for the proposal.
2) [Recommendation] It is suggested that the proposed alley easement be relabeled as "New 30'Private Alley
Easement from Points A to B"to match the existing alley easement language from points B to C.If the
applicant agrees to make this change, assure the label of the easement is revised throughout the legal
documents. This minor change in the legal documents would not require County Attorney re-approval.
LOR 1 to SDP201400044
I offer the following comments on the LOR per discussions with Engineering, Fire &Rescue and Planning:
1)The existing stripping fronting the driveway is not adequate to prevent parking in the alley. Either provide no
parking signs and/or provide no parking striping across the entire length of the area,between the relocated set of
bollard and Vegas Court. Revise the LOR to label and depict the location of the above-mentioned
improvements.For aesthetics, it is suggested the developer go w/no parking signage.
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
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Christopher Perez
From: Christopher Perez
Sent: Monday, December 19, 2016 10:37 AM
To: 'U Lopez'
Subject: RE: Lot 20
U,
You should tie this LOR application to the final site plan SDP2014-44 and reference SUB2013-92 Road Plan, as there is no
procedure to do an "LOR" for a road plan amendment.
From: U Lopez [mailto:llopez@milestonepartners.co]
Sent: Monday, December 19, 2016 10:25 AM
To: Christopher Perez<cperez@albemarle.org>
Subject: Re: Lot 20
Chris:
Draft copy of the LOR is attached. I thought I would send to you and get a courtesy review and avoid a
resubmission. Do you need anything additional in the letter?
-LJ
Louis J. Lopez Ill
lestone
milestone partners
300 2nd Street NE
Charlottesville VA 22902
434.245.5803 T
434.409.1005 C
�,,A Please consider the environment before printing this e-mail
From: Christopher Perez<cperez@albemarle.org>
Date: Monday, December 19, 2016 at 8:59 AM
To: "L.J. Lopez Ill"<Ilopez@milestonepartners.co>, Beau Dickerson <beaudickerson@gmail.com>
1
1401110 '01100
Cc: Mark Graham<mgraham@albemarle.org>, David Benish <dbenish@albemarle.org>, Megan Yaniglos
<myaniglos@albemarle.org>
Subject: RE: Lot 20
Sounds good please submit 3 copies of each document for review& distribution.
From: U Lopez [mailto:llopez@milestonepartners.coj
Sent: Monday, December 19, 2016 8:55 AM
To: Christopher Perez<cperez@albemarle.org>; Beau Dickerson<beaudickerson@gmail.com>
Cc: Mark Graham <mgraham@albemarle.org>; David Benish <DBENISH@albemarle.org>; Megan Yaniglos
<myaniglos@albemarle.org>
Subject: Re: Lot 20
Chris:
Attached are:
1) Draft easement
2) Draft amendment to declaration ratifying and affirming the easement
Structurally, Lochlyn Hill owns the property that is subject to the access easement, as such, it shall grant the easement
per item 1 above. Further, due to the roll up of all of this within the association and declaration, need to get proper votes
and put the declaration amendment to record.The amendment rolls the alley into the declaration and confirms that it is
maintained by the association (as it was before). Please note the one small variable width easement that was added for
Phase 2, has also been addressed here.
We are proceeding with proper notice and approval by the HOA. Once approved, we can sign and record.
I will be submitting the complete package of documents, along with the LOR to the front desk today.
Thanks again.
-LJ
Louis J. Lopez III
n i _ sJ' tone
milestone partners
300 2nd Street NE
Charlottesville VA 22902
434.245.5803 T
434.409.1005 c
Please consider the environment before printing this e-mail
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From:Christopher Perez<cperez@albemarle.org>
Date: Monday, December 12, 2016 at 9:19 AM
To: "L.J. Lopez Ill" <Ilopez@milestonepartners.co>, Beau Dickerson <beaudickerson@gmail.com>
Cc: Mark Graham<mgraham@albemarle.org>, David Benish<dbenish@albemarle.org>, Megan Yaniglos
<myaniglos@albemarle.org>
Subject: RE: Lot 20
Sounds good.Thanks for checking in.The general parameter of the plat looks good, once submitted I'll review it in
detail. Thanks
From: U Lopez [mailto:Ilopez@milestonepartners.co]
Sent: Monday, December 12, 2016 9:02 AM
To: Christopher Perez<cperez@albemarle.org>; Beau Dickerson<beaudickerson@gmail.com>
Cc: Mark Graham <mgraham@albemarle.org>; David Benish <DBENISH@albemarle.org>; Megan Yaniglos
<myaniglos@albemarle.org>
Subject: Re: Lot 20
Chris:
Hope you are well. Please find attached an advanced copy of the Lot 20 Alley Easement Exhibit. You will also note that we caught a
coordination item related to Phase 2 and have corrected it on this plat. It is identified as New Variable Width Private Alley and was
not recorded as part of the City subdivision plat at the time Phase 2 was approved and recorded. Counsel is working on the
declaration of covenants and restrictions. As soon as I have them in hand,we will fill out the applications you previously provided
and get these submitted at the front desk.
Best
-U
Louis J. Lopez Ill
1111. 1eStOne
milestone partners
300 2nd Street NE
Charlottesville VA 22902
434.245.5803 T
434.409.1005 C
Please consider the environment before printing this e-mail
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4411111116.
From: U Lopez<Ilopez@milestonepartners.co>
Date: Friday, December 2,2016 at 12:12 PM
To:Christopher Perez<cperez@albemarle.org>, Beau Dickerson<beaudickerson(c@gmail.com>
Cc: Mark Graham<mgraham@albemarle.org>, David Benish<dbenish@albemarle.org>, Megan Yaniglos
<myaniglos@albemarle.org>
Subject: Re: Lot 20
Chris:
Many thanks for the direction. Have a nice weekend.
-LJ
Louis J. Lopez III
iniiestone
milestone partners
300 2nd Street NE
Charlottesville VA 22902
434.245.5803 T
434.409.1005 c
Please consider the environment before printing this e-mail
From: Christopher Perez<cperez@albemarle.org>
Date: Friday, December 2,2016 at 12:11 PM
To: "L.J. Lopez III"<llopez@milestonepartners.co>, Beau Dickerson<beaudickerson@gmail.com>
Cc: Mark Graham<mgraham@albemarle.org>, David Benish<dbenish@albemarle.org>, Megan Yaniglos
<myaniglos@albemarle.org>
Subject: Lot 20
Lot 20
It'll be handled as an easement plat w/ a deed (application fee $817).
LINK to application.
The "deed'" would be the revised Coy & Restrictions doc to establish alley standards and cover maintenance of
the alley and legally grant Lot 20 access over the alley. Submit 5 copies of the plat and revised legal docs.
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Also, you need to submit the Letter of Revision (application fee of$108)
LINK to the application.
Submit 5 copies of the LOR.
From: U Lopez [mailto:Ilopez@milestonepartners.co]
Sent:Wednesday, November 30, 2016 9:36 AM
To: Christopher Perez<cperez@albemarle.org>; Beau Dickerson<beaudickerson@gmail.com>
Cc: Mark Graham<mgraham@albemarle.org>; David Benish <DBENISH@albemarle.org>; Lisa Green
<Igreen2@albemarle.org>; Stewart Wright<swright2@albemarle.org>;Jay Schlothauer<JSCHLOTH@albemarle.org>;
Megan Yaniglos<mvaniglos@albemarle.org>
Subject: Re: Question
Chris:
Trust you had a nice Thanksgiving. I am emailing to followup on Lot 20 and provide an update on our end. Immediately
following the issuance of the CO for Lot 20 and the subsequent closing, we released our surveyor and attorney to make
the modifications required by Option A to the plat and covenants and restrictions, respectively. I am hopeful that I might
see these documents by the end of this week, but it may be early next week before they are in hand and able to be
submitted. However, once ready, I will reach out and coordinate the submission directly with you. In advance of the
submission, can you let me know what application, if any, needs to accompany the submission? I am not sure what this
would fall under.
Best
-LJ
Louis J. Lopez III
iii stone
milestone partners
300 2nd Street NE
Charlottesville VA 22902
434.245.5803 T
434.409.1005 C
bay Please consider the environment before printing this e-mail
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'Now sole
From: "L.J. Lopez III" <Ilopez@milestonepartners.co>
Date:Wednesday, November 16, 2016 at 1:02 PM
To: Christopher Perez<cperez@albemarle.org>, Beau Dickerson<beaudickerson(a@gmail.com>
Cc: Mark Graham <mgraham@albemarle.org>, David Benish <dbenish@albemarle.org>, Lisa Green
<Igreen2@albemarle.org>,Stewart Wright<swright2@albemarle.org>,Jay Schlothauer<JSCHLOTH@albemarle.org>,
Megan Yaniglos<myaniglos@albemarle.org>
Subject: Re: Question
Chris:
Thanks for your thorough review and investigation of the residential access for Lot 20. This was clearly a complicated
issue and more complicated than we realized in our last meeting.
After reviewing the background provided and the options you outlined below, I don't see any other immediately available
alternatives and believe that Option A is the most achievable, given the circumstances. I have discussed with Beau and
he is in agreement, as well. As such, I have already reached out to our surveyor and legal counsel to put Option A into
motion and we are working on it as I write to you. I'll followup early next week with a status update regarding Option A.
On behalf of Beau, Lochlyn Hill, Milestone, and myself, I would ask that the County give consideration to a Temporary CO
on Lot 20. This is an affordable housing unit with a wonderful family purchasing the home and this family has a child on
the way. A temp CO would allow the house to close and the family to move in. Option A is a workable solution and is just
a matter of amending the current documents. Unfortunately time is not on the side of the buyer and I hope there is
latitude that could be extended, for their sake.
Again, thanks for your assistance and look forward to hearing from you.
-LJ
Louis J. Lopez Ill
cstone
milestone partners
300 2nd Street NE
Charlottesville VA 22902
434.245.5803 T
434.409.1005 C
`'- Please consider the environment before printing this e-mail
From:Christopher Perez<cperez@albemarle.org>
Date:Wednesday, November 16, 2016 at 9:58 AM
To: Beau Dickerson<beaudickerson@gmail.com>
Cc: "L.J. Lopez III"<Ilopez@milestonepartners.co>, Mark Graham <mgraham@albemarle.org>, David Benish
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NEW
<dbenish@albemarle.org>, Lisa Green<Igreen2@albemarle.org>, Stewart Wright<swright2@albemarle.org>,Jay
Schlothauer<JSCHLOTH@albemarle.org>, Megan Yaniglos<myaniglos@albemarle.org>
Subject: RE: Question
Beau,
Re: Lot 20—Access Issues
After working through the subdivision ordinance it appears the emergency access easement cannot be utilized as access
for Lot 20 because Sec 14-404 of the subdivision ordinance requires each lot have reasonable access to the building site
from only one street, shared driveway or alley established at the same time as the subdivision. In this case the emergency
access easement is neither of these and was not established as an alley at the time of the subdivision. After having
brainstormed of ways to correct this issue and having discussed the above situation with other Planners in my office I
offer a couple solutions that may work to remedy the situation:
Option A)Modify the Emergency Access Easement to an Alley Easement—to do this you"d need to amend the
subdivision plat to modify this portion of easement (from points A to B)to an alley easement, provide a revised
Covenants&Restrictions doc to include Lot 20 for access, and assure maintenance of the modified portion of the
easement is covered in the amended doc. These items would be required to be submitted to the County for review,
approval,and then recorded in the clerk's office prior to CO.
Option B) Revise the lot's driveway location to access Vegas Court between the drainage inlet and the existing property
line to fit the driveway.If there is not enough room, I suggest a BLA with Lot 19 to gain the needed frontage to assure you
can fit the driveway between the drainage inlet and the property line.
There may be other options to remedy the situation but these are the two that seem most feasible given the current
situation.
I appreciate the situation and the urgency to get the CO for Lot 20(the affordable unit); however, the lot never received
County approval as it is currently constructed.
I offer the following summary of how we ended up here:
Staff met with the applicant(Beau), LJ(Lochlyn Hill)on Sept 26th to brain storm of ways to help applicant correct the
access issue for Lot 20 after work on the garage was issued a stop work order.
After discussing a couple ideas that either didn't work for the applicant or the County the last idea we all agreed sounded
feasible was the use of the emergency access road as the driveway or accessway for Lot 20,which would be stripped&
signed for no parking and would require the bollards to be pushed back a little. One of my biggest concern was Fire&
Rescue approval of this idea as they did not attend the meeting. We suggested the applicant contact Robbie Gilmer and
see if this idea is even feasible before submitting anything for review and approval.
It was discussed that an LOR to the site plan would be needed to relocate the bollards and provide no parking
stripping/signage. I also said something else needed to be recorded to lock down legal access for Lot 20 (like an easement
plat or deed)which legally grants Lot 20 access. I also said that the maintenance agreement for Lochlyn Hill should also
be revised to include Lot 20. It was also discussed that the applicant needed to demonstrate that they could park two cars
on the lot(either in the garage or in the driveway but not in the emergency access way).
LJ initially disagreed that an LOR was needed but then backed off from that stance. LJ also agreed that some other
mechanism would be needed to make this happen but that a revised maintenance agreement was not needed and that Lot
20 was not part of Lochlyn's HOA nor did they intend to include Lot 20 in the HOA. The mechanism for how to
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allow/provide Lot 20 legal access over the emergency accessway was never resolved and the meeting ended with LJ and I
agreeing to do more research into how and when the accessway was approved as this might yield some guidance on how
to move forward.
After the meeting I pulled all the files for the project intending to get into the history of how the emergency accessway
was created but then got buried in application review and other work,then my second child was born and I went on
paternity leave. I received no communication from the applicant after the Sept 26th meeting. I returned back to work on
Monday Nov 14t''w/the applicant urgently seeking a CO.Unknown to staff after the Sept 26th meeting the applicant
contacted Robbie through email and received a preliminary thumbs up.They then went ahead with construction without
having received any county approvals of the proposal. I returned to work on Monday 11-14-16 w/the applicant urgently
seeking a CO. I immediately went to the site to see why a CO is being sought when nothing had been applied for nor
approved. I came back to my office and began getting into the subdivision ordinance for ways to accomplish the access
issue.This brings us to today.
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
Original Message
From: Beau Dickerson [mailto:beaudickerson@gmail.com]
Sent:Tuesday, November 15, 2016 1:28 PM
To:Christopher Perez<cperez@albemarle.org>; Lisa Green<Igreen2@albemarle.org>; Stewart Wright
<swright2@albemarle.org>
Cc: U Lopez<Ilopez@milestonepartners.co>
Subject:Question
Everyone,
Could we have a temporary CO in the mean time to allow these folks to get in a close?
Beau
Sent from my iPhone
From: Beau Dickerson [mailto:beaudickerson@gmail.com]
Sent: Tuesday, November 15, 2016 12:27 PM
To: Christopher Perez<cperez@albemarle.org>
Cc: Li Lopez<Ilopez@milestonepartners.co>; Lisa Green <Igreen2@albemarle.org>; Stewart Wright
<swright2@albemarle.org>
Subject: Re: Lochlyn Hill - Lot 20
Chris,
Thank you for getting back to me, there is certainly a sense of urgency...
On my notes that I outlined immediately after the meeting, here is the end of the meeting.
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Chris, asking the question, Is everyone in agreement with the garage being entered off the emergency access? At which
point everyone in the room agreed.
Chris then stated that the fire marshal as going to be the department/person that would make the call at the end of the
day.
U stated he would contact Robbie Gilmer, and Lisa stated that the county would identify the vehicle to use to make the
change if one was needed. The initial thought was that a site plan amendment of some sort would be needed U gave an
explanation as to why that was not necessary nor correct Lisa then agreed with U.
Meeting was adjourned with Chris saying get with Robbie but coming off the emergency access works for us.
I am not sure there are any approvals that need to be obtained outside of the Fire Marshal's approval.
Beau
Original Message
From: Christopher Perez
Sent:Tuesday, November 15, 2016 11:52 AM
To: 'Beau Dickerson' <beaudickerson@gmail.com>
Cc: U Lopez<Ilopez@milestonepartners.co>; Lisa Green <Igreen2(a@albemarle.org>; Stewart Wright
<swright2@albemarle.org>
Subject: RE: Lochlyn Hill - Lot 20
Beau,
RE: Lochlyn Hill - Lot 20
I'm getting back into this project per your phone call yesterday. I understand your urgency to get this CO; however, the
most alarming thing is that nothing was ever submitted for the County to review/approve after the preliminary meeting
we had back in Sept.Then I received your call yesterday seeking a CO? I just went out to the site and noticed the entire
thing has already been built; however, no such approvals were ever granted? I'm hoping to sit down and talk w/Zoning
and Planning staff today or tomorrow and try and get a handle on this and how to direct you. More to follow.
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
On Tue, Nov 15, 2016 at 11:52 AM, Christopher Perez<cperez@albemarle.org>wrote:
Beau,
RE: Lochlyn Hill - Lot 20
I'm getting back into this project per your phone call yesterday. I understand your urgency to get this CO; however,the
most alarming thing is that nothing was ever submitted for the County to review/approve after the preliminary meeting
we had back in Sept.Then I received your call yesterday seeking a CO? I just went out to the site and noticed the entire
9
Now
Iwo
thing has already been built; however, no such approvals were ever granted? I'm hoping to sit down and talk w/Zoning
and Planning staff today or tomorrow and try and get a handle on this and how to direct you. More to follow.
Christopher P. Perez I Senior Planner
Department of Community Development I County of Albemarle,Virginia
401 McIntire Road I Charlottesville,VA 22902
434.296.5832 ext. 3443
Original Message
From: Beau Dickerson [mailto:beaudickerson@gmail.com]
Sent:Tuesday, November 15, 2016 11:18 AM
To: Christopher Perez<cperez@albemarle.org>
Cc: U Lopez<Ilopez@milestonepartners.co>
Subject: Lot 20
Chris,
What's the word on lot 20?
Buyers are looking to close on the affordable unit today.
Thank you,
Beau
Sent from my iPhone
Beau Dickerson
DH&D LLC
925 E.Jefferson St
Charlottesville Va 22902
WWW.BuildDHD.com
Cell:434.996.6777
Fax:434.817.9808
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