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Home My WebLink AboutSUB201600250 Correspondence 2016-12-27 C'.1111° !"1434'' loator 407. �rRGIInp COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax(434)972-4126 Date: December 30, 2016 rr John Blair County Attorney's Office � E: 401 McIntire Road ,"`" °i' Charlottesville,VA 22902 Regarding: Project Name:SUB2016-250 Lochlyn Hill—Easement plat(Lot 20) Date Submitted: 12/27/2016 Dear Mr. Blair: The above referenced plat is being considered for approval by this office.The "New 30' Alley Access Easement"from points A-B is being platted for the benefit of Lot 20, as the sole and direct means of access to Vegas Court. With this easement plat we need to assure the maintenance of this alley is covered to the satisfaction of Section 14-317.Attached is an amendment to the C&R documents for Lochyln Hill—phase 1.The C&R docs were approved by the County Attorney a couple years ago when this phase first received final plat approval. Please review. The applicant also provided a deed of easement for the alley easement to assure lot 20 is deeded access over this new easement in perpetuity. I don't think this document needs County Attorney review but the applicant included it so I'm sending it your way. Please review if needed. A little background:Lot 20 was originally part of the Lochyln Hill phase(subdivision;however, the developers opted to exclude all five of the lots on Vegas Court from the Lochlyn Hill HOA, as they are not permitted to utilize nor required to maintain the required improvements of the subdivision. Lot 20 has a new home built on it(address 1132 Vegas Court);however, their original access point along Vegas Court is unable to have a driveway be of how the builder situated the home and the garage, in addition to a storm drain inlet along their frontage preventing a driveway. Thus to provide access to Lot 20 an alley easement and revised C&R document is required. The "New Variable Width Private Alley"depicted on the plat is not related to Lot 20's access problems, but merely a cleanup error the applicant neglected to plat previously. They intend to plat this now to assure the alley is extended to phase 2 of Lochyln Hill which is adjacent to Lochlyn Hill Phase 1 and is located in the City of Charlottesville. Should you have any questions or comments please feel free to contact me. Sincerely, / C ristopher P. Perez, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 cperez@albemarle.org (434)296-5832, phone ex.3443 COUNTY OF ALBEMARLEL i fif;F Ar Department Community Development 7° Planning Services Division I ', 401 McIntire Road North Wing• Charlottesville,Virginia 22902-4596 Phone: (434) 296-5823 • Fax: (434)972-4035 Transmittal From: Christopher Perez Date: 12/30/16 1142/4 To: ORobbie Gilmer-Fire and Rescue No Q ( 0 0 0 0 0 0 0 0 0 JOB#/FILE NAME:SUB-2016-250 Lochlyn Hill- Easement plat We are sending you the following items: ® Attached or E Under separate cover ❑ Copy of Letter ❑ Prints n Plans ❑ Plats [ Specifications ❑ Other # of Date Description Copies 1 12/30/16 eaement plat These are transmitted as checked below: ® For review and comments ® For approval n Other Remarks: This easement plat is to provide Lot 20 access to their lot by way of the new easement "30' Alley Easement". A LOR to the final site plan for the townhomes will be submitted very soon to depict the emergency bollards being pushed back and assure no parking stripping or signage is installed in this area of the easment. Comments are due in City View or email by: 1/21/16 Signature: Christopher Perez Christopher Perez From: David Benish Sent: Friday, December 02, 2016 12:31 PM To: Christopher Perez Subject: RE: Lochlyn Hill lot 20 - My reasoning and explanation for why this should be treated as an Easement plat. Sounds good. From: Christopher Perez Sent: Friday, December 02, 2016 11:45 AM To: David Benish<DBENISH@albemarle.org>; Megan Yaniglos<myaniglos@albemarle.org> Subject: RE: Lochlyn Hill lot 20- My reasoning and explanation for why this should be treated as an Easement plat. David, Sounds good. A revised Cov and Restriction doc (which is the maintenance doc) is what I am expecting them to submit, we'll see. It should cover maintenance of the alley and permit Lot 20 deeded access over the alley/open space. Sounds good. It'll be handled as an easement plat w/a deed (application fee $817). http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/applicatio ns/Easement Plat_& Checklist.pdf From: David Benish Sent: Friday, December 02, 2016 11:38 AM To: Christopher Perez<cperez@albemarle.org>; Megan Yaniglos<myaniglos@albemarle.org> Subject: RE: Lochlyn Hill lot 20- My reasoning and explanation for why this should be treated as an Easement plat. Christopher, We are on the same page. Advise U as you have outlined below. One of the "other required legal documents" you noted that will need to be addressed us any maintenance agreements associated with open space/alley. David From:Christopher Perez Sent:Wednesday, November 30, 2016 9:50 AM To: Megan Yaniglos<myaniglos@albemarle.org> Cc: David Benish<DBENISH@albemarle.org> Subject: RE: Lochlyn Hill lot 20- My reasoning and explanation for why this should be treated as an Easement plat. Megan, LJ is looking to submit the application for Lochlyn Hill -Lot 20 and is reaching out to me to provide guidance on the application type. Have you had a chance to get into my email from Nov 17 in which I was/am seeking guidance from you on the application type? See below and the attached. I believe we should push this through as an easement plat to vacate the emergency access easement and replat it as an alley easement, along with all the other required legal docs. Additionally,they need to submit a LOR to modify the site plan to modify bollard locations and labeling. Both of which will be reviewed by Fire&Rescue prior to approval. All my logic has been provided in the attached word doc going 1 Christopher Perez From: Christopher Perez Sent: Wednesday, November 16, 2016 10:40 AM To: Rebecca Ragsdale; Ron White Cc: Lisa Green Subject: RE: Lot 20, Lochlyn Hill Rebecca, Because we're still working with the developer of Lot 20 in an effort to get to an end game of a CO, I wanted to double check one additional item which was on my mind -to assure this lot is being sold as an affordable unit within the confines of the ordinance.As it is designated as such on the plat and was relied upon for density bonus purposes. If this has already been checked and signed off on from Zoning & Housing, sorry to duplicate efforts. It was on my mind, so I wanted to double check. Christopher P.Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road!Charlottesville,VA 22902 434.296.5832 ext.3443 From: Rebecca Ragsdale Sent:Wednesday, November 16, 2016 10:36 AM To:Christopher Perez<cperez@albemarle.org>; Ron White<rwhite2@albemarle.org> Cc: Lisa Green<Igreen2@albemarle.org> Subject: RE: Lot 20, Lochlyn Hill Is this purchaser approval form still valid? Has a question come up about this lot? From:Christopher Perez Sent:Wednesday, November 16, 2016 10:31 AM To: Ron White<rwhite2@albemarle.org> Cc: Lisa Green <Igreen2@albemarle.org>; Rebecca Ragsdale<rragsdale@albemarle.org> Subject: Lot 20, Lochlyn Hill Ron, I found my only communication w/the applicant and you discussing the affordable unit for Lochlyn Hill (Lot 20). Does this help you track down anything additional for this lot to assure it complies with the Affordable Housing requirements of the ordinance? Christopher P.Perez!Senior Planner Department of Community Development 1County of Albemarle, Virginia 401 Mclntire Road l Charlottesville,VA 22902 434.296.5832 ext. 3443 1 through the ordinance. Please advise as I want to assure we're all on the same page as to how this will be done b4 they submit.Thanks From:Christopher Perez Sent:Thursday, November 17, 2016 8:24 AM To: Megan Yaniglos<myaniglos@albemarle.org> Cc: David Benish<DBENISH@albemarle.org> Subject: Lochlyn Hill lot 20- My reasoning and explanation for why this should be treated as an Easement plat. Megan, Re: Lochlyn Hill lot 20-My reasoning and explanation for why this should be treated as an easement plat As discussed yesterday the applicant has agreed to submit Option A that we all discussed at the Thursday meeting.While this is still fresh on everyone's mind I want to lock down the exact procedure for how to actually review this and who needs to sign the plat.Attached is a word doe with all applicable sections laid out. I feel like we're getting wrapped up in the ordinance and making this harder than it needs to be. Attached is my logic utilizing the ordinance on why and how it goes through as an easement plat.Please review and let me know if you agree. 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. Christopher P.Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 2 Christopher Perez From: Christopher Perez Sent: Thursday, November 17, 2016 8:24 AM To: Megan Yaniglos Cc: David Benish Subject: Lochlyn Hill lot 20 - My reasoning and explanation for why this should be treated as an Easement plat. Attachments: Logic for this to be resolved through an Easement Plat and assoc docs,standards.docx Megan, Re: Lochlyn Hill lot 20-My reasoning and explanation for why this should be treated as an easement plat As discussed yesterday the applicant has agreed to submit Option A that we all discussed at the Thursday meeting.While this is still fresh on everyone's mind I want to lock down the exact procedure for how to actually review this and who needs to sign the plat. Attached is a word doc with all applicable sections laid out. I feel like we're getting wrapped up in the ordinance and making this harder than it needs to be. Attached is my logic utilizing the ordinance on why and how it goes through as an easement plat. Please review and let me know if you agree. 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. Christopher P. Perez(Senior Planner Department of Community Development!County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext. 3443 1 Fra Ron White Sen Wednesda )ecember 18, 2013 12:28 PM To: Ilopez@milestonepartners.com 'Cc: Christopher Perez; Greg Kamptner Subject: Affordable For-sale Unit Attachments: Purchaser Approval Form.doc It was good to hear from you earlier today. I have attached the Purchaser Approval Form which is used with proffered, for-sale units which should suffice for the affordable bonus unit it Loclyn Hills. The maximum sales price is currently $211,250. Since there is limited information in the code section related to bonus units, I would also assume we would expect some language in an agreement(or some other format which the County Attorney may deem appropriate)which is similar to language in affordable housing proffers. Such language would include a reference to the maximum sales price and that the unit would be affordable to households at or below 80%of the area median income. The current maximum incomes are on the attached forms. Additional language would include reference to a notification period provided by the builder to the County (ex. 120 days beginning 90 days prior to expected issuance of the C/O. In other words, if an approved purchaser has not been found 30 days after the C/O is issued,the builder could sell the unit at market to anyone and the bonus provision would be deemed to be satisfied. You may also want to propose language stating that there is no further affordability requirements after the first sale of the property. I hope this information is helpful but please contact me if you have further questions. THANKS and HAPPY HOLIDAYS. Rory Vitae (434)296-5,439 1 46 ii•a‘Di(v ,„....„ 4 ,..... NTY O ALBE E • Of of Housin Purchaser Approval Form for Proffered Units instructions:Fax completed form to the attention of Ron White(434)293-0281. Please include the fax number or -mail for returning the form and telephone number for any questions. This form can also e-mailed., rwhite2@alhemarle,org DATE: 4.i 2;ti l i p Development Name: • � __ 1 r. t corm Submitted I3y: f,te.),,.Q .r. 1.0►tiu.c t P?:-. 9' Lender,Sake Agent,Owner,other(specify)-please prim name . . gri Telephone# Oa?). 14 1Z c'•r VI Fax# ,l_d 'l r. _ 1 e-mail L N F,ln If3L1Yg 1Y11C.i• t?G�.VI Purchaser Names) l(.11/1 I t lb r (: <� 111'11:1 hh membersU .../ Current GurrentAddross 1'��-;,f l k_ _ t.�4;.t��_�t'i�_1.1.�L � ..� �_ _,Lv.(X111(1►'k, (_01.4)r ` _1..lib itv..1Q 1 i_e_;r,:+l kt \I/1 22-11.0 l Employer(s)--all household members over 17 years of age .11l.ln 111.10n14i _..,.__P.OY.b C 0 (..-A VIA 1 . . ___. ►B‘Ayty.-1 L...).1,5t:, tet .' Y(AfvlYV� ety .le,..Y. ___ _ .__ ... Address of Property to be Purchased .___ke9A' 0 , tf e)06 t,p6 leg_ Sales Price $. I3/ 750 Value$3)6000 estimate/actual Gross Household Income$ 4C ,tz) #Household Mcn%be.: 1 is household income been verified using third-party yetilicaticros? NO 152 16Aclyt,.,,sGu, t,1c4/0,c Hits the applicant been pretlualittied fbr an amount sufficient to purchase this propertlGrr Vt',i NO giyY Lew-0e- (,�'tc GLMiIL, ,t lore ` Llc..c,( Cr-tie, ) , Ifihe purchaser plans in utilize gills or any down payment assistance program for this purchase, please indicate each below and note status(ie.Reserved,committed,etc.)? (you do not have to indicate source of gifts) 'TYPE of Assistance SOURCE Based on the information provided this purchaser lS/1S-HeT eligible to purchase this proffered— unit. / e `/ 44 Albema County Office of $ s ....41167________. Housin T% Maximum Sales Price $243,750 Uate Maximum Incomes-2015 I &2 person household $60,600 3+person household $74,000