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SDP201600018 Correspondence 2016-10-11
100, Christopher Perez From: Christopher Perez Sent: Tuesday, October 11, 2016 7:10 AM To: Greg Kamptner Cc: Marsha Davis; Megan Yaniglos Subject: RE: Nationwide Homes Critical Slopes Special Exception Attachments: Attachment B - Engineering & Planning Analysis of Critical Slope Waiver....doc; RE: 10/12 Nationwide ES Greg, I extensively working w/Marsha on this aspect of the Special Exception(SE). Initially I didn't have a Planning Analysis (in the rush somehow I forgot to provide one)but upon her review of the document she tipped me off to this omission and I revised the document to include a planning analysis. See the attached email and the revised Attachment B w/Planning Analysis. Alarmingly, I just checked Granicus and the Attachment B in the report is the old version of the attachment, the new attachment is not showing up? I recall we had some issues with Granicus that blocked Megan and myself from changing anything in Granicus. We had to wait for Travis to return from vacation to unlock it after which Marsha was going to include the revised attachment. After reviewing Granicus I think maybe that never happened. Attached is the last email about it and the revised Attachment B w/planning Analysis. Can we slip sheet that to the BOS and assure they get the correct attachment? Christopher P. Peres 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent: Monday, October 10, 2016 9:01 PM To: Megan Yaniglos<myaniglos@albemarle.org>; Christopher Perez<cperez@albemarle.org> Subject: Nationwide Homes Critical Slopes Special Exception Megan, Chris- In case the Board asks, can staff provide an analysis of the factors to be considered for approving the special exception under County Code 18-4.2.5(a)(3)or provide answers to any related questions raised by the Board if the item is pulled? Max's analysis covers the engineering part under County Code 18-4.2.3(a)(2), but I did not see staff analysis of the (a)(3) factors. Thanks. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext. 3268 1 Yom. Christopher Perez From: Christopher Perez Sent: Wednesday, September 28, 2016 11:51 AM To: 'Justin Shimp, P.E.' Cc: Patricia Saternye; Ellie Ray Subject: SDP2016-18 Better Living Berkmar—initial site plan Attachments: 9-28-16 Approval Package for SDP2016-18 Better Living Berkmar -Initial Site Plan.pdf Justin, SDP2016-18 Better Living Berkmar—initial site plan Attached is the approval packet for the above ref plan. Christopher P.Perez 1 Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From:Justin Shimp, P.E. [mailto:justin@shimp-engineering.com] Sent:Tuesday,September 27, 2016 3:05 PM To: Christopher Perez<cperez@albemarle.org> Cc: Patricia Saternye<psaternye@albemarle.org>; Ellie Ray<ellie@shimp-engineering.com> Subject: Re: Better Living Berkmar Chris, we just dropped off the $$ about 20 mins ago. Thanks! Justin Shimp, P.E. 434-953-6116 On Sep 27, 2016, at 10:28 AM, Christopher Perez <cperez@a albemarle.org> wrote: Justin, RE: Better Living Berkmar I'm in receipt of the revised initial site plan to address ARB comments. Pending ARB look over/approval. Question, did you pay the $215 notification fee that was mentioned in the email below? I checked in CV and it does not show this payment being received. If you paid, please provide a 1 woof receipt number or check# and I'll this corrected w/intake. I cannot approve this baby till that fee is paid. 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 From:Christopher Perez Sent: Friday,September 23, 2016 12:09 PM To: 'Justin Shimp, P.E.'<justin(Wshimp-engineering.com> Cc: Patricia Saternye<psaternve@albemarle.org> Subject: RE: Better Living Special Exception Request Justin, The initial site plan is not yet approved. No such letter was ever issued to you. The two items still pending b4 we can approve the plan w/ conditions are listed in the comment letter as comments#1 (public notification fee outstanding) and#2 (ARB approval to negate the need to have an SP). Attached is the ARB comments which still require a resubmittal to address. Also, please pay the$215 public notification fee. I figured because you never resubmitted to address ARB's comments that you just wanted to wait till after the Special Exceptions were approved. Thus I've been focusing my efforts on the Special Exceptions. The staff report is complete for these items and will be on the Oct 12th BOS consent agenda with recommendations for approval from staff. Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 2 Christopher Perez From: Moore, Adam PE (VDOT) <Adam.Moore@vdot.virginia.gov> Sent: Wednesday, September 28, 2016 10:01 AM To: Rachel Falkenstein; Christopher Perez Cc: Joel DeNunzio, P.E.; David Benish; Bedsaul,Willis C. (VDOT); Deel,Justin (VDOT) Subject: RE: Shared Access Comment: SDP-2016-00018 Better Living -Initial Site Plan & ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Rachel, Firstly, we will not be revising our letters as the comments stand. We have not told Mr. Stoner that both sites would be allowed separate entrances. However, it has been communicated to Mr. Nunley (and the same applies for Mr. Stoner)that we would review requests for exception to the shared commercial entrance requirement and/or the entrance spacing requirements. One of the expectations for such an exception at these locations would be a letter of support from Mark Graham for any exceptions to spacing or the shared entrance requirement. That said, it is our recommendation that if the applicants wish to apply for exceptions that it occur early in their development process with the county. As you know, if they propose a certain layout and entrance location to the county but do not get the necessary approval from VDOT we end up at a difficult juncture down the road. Adam J. Moore,P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT - Charlottesville Residency -01 VDOT \\av- Charlottesville V'_1 main 434.422.9782 From: Rachel Falkenstein [mailto:rfalkenstein@albemarle.org] Sent: Tuesday, September 27, 2016 11:49 AM To: Moore, Adam PE (VDOT); Christopher Perez Cc: DeNunzio, Joel D., P.E. (VDOT); David Benish; Bedsaul, Willis C. (VDOT); Deel, Justin (VDOT) Subject: RE: Shared Access Comment: SDP-2016-00018 Better Living - Initial Site Plan &ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Adam, I was told by the applicant for Wood Von Storch (Frank Stoner) that they had a conversation with VDOT about these comments and it was decided that both sites would be allowed separate entrances. Is this accurate? If so, will you be amending your comment letter or providing something in writing? Let me know if you want to discuss this further. Thanks, Rachel From: Moore,Adam PE (VDOT) [mailto:Adam.Moore@vdot.virginia.gov] Sent:Tuesday, September 13, 2016 4:45 PM To:Christopher Perez<cperez@albemarle.org> *Isle 441.1 Cc:Joel DeNunzio, P.E. <joel.denunzio@vdot.virginia.gov>; David Benish<DBENISH@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemarle.org>; Bedsaul, Willis C. (VDOT) <Willis.Bedsaul@VDOT.Virginia.gov>; Deel,Justin (VDOT) <Justin.Deel@vdot.virginia.gov> Subject: RE: Shared Access Comment:SDP-2016-00018 Better Living- Initial Site Plan &ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Chris/Rachel, Please find attached the revised comment letters regarding these two submissions. Hopefully this clarifies the situation. The matter of shared entrances is laid out pretty clearly in Virginia Code 24VAC30-73-120. Please let me know if you have any other questions. Adam J.Moore,P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT - Charlottesville Residency -01 V'DOT\1'av Charlottesville A'_1 main 434.422.9782 From: Moore, Adam PE (VDOT) Sent: Thursday, September 08, 2016 9:54 PM To: Christopher Perez Cc: DeNunzio, Joel D., P.E. (VDOT); David Benish; Rachel Falkenstein; Bedsaul, Willis C. (VDOT) Subject: Re: Shared Access Comment: SDP-2016-00018 Better Living - Initial Site Plan &ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Chris/Rachel, I can send revised comment letters on Tuesday. Adam J. Moore, P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT-Charlottesville Residency 701 VDOT Way I Charlottesville I VA main 434.422.9782 On Sep 8, 2016, at 3:44 PM, Christopher Perez<cperez@albemarle.org>wrote: Adam, Shared Access Comment: SDP-2016-00018 Better Living- Initial Site Plan& ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan I have met with David Benish and Rachel Falkenstein about the issue of the shared access between the proposed Better Living Initial Site Plan (SDP2016-18) located on TMP 45-112B and the rezoning for Wood/Von Storch(ZMA2016-9) located on TMP 45-112E. http://gisweb.albemarle.org/Map/Viewer.aspx?state=266290205575 Both Rachel and I are grappling with these projects and are on the cusp of having to take action on them. Rachel's is slated for a public hearing at the Oct 11th PC meeting, with a staff report due in a couple weeks, and my site plan is a couple weeks away from being approved w/ conditions. Both of us are seeking a solid legally defensible end point with regards to the shared access comment from VDOT. VDOT's 7-18-16 comment letter states that this shared access is a "recommendation" (see attached & below), but through a couple verbal conversations I've had 2 with you it appears to truly be a VDOT requirement, that is unless the applicant applies for and is granted a waiver based on appropriate justifications. Per our discussion it appears that VDOT would deny an entrance permit for Better Living as currently proposed on the site plan, unless they provide the connection OR an easement for the connection OR they apply for/and are granted the waiver not to connect. Please be mindful that the site plan for Better Living is a by- right use, thus the County doesn't really have any way to require the connection.If VDOT is requiring the connection I need that in writing, preferably in the form of a revised comment letter which clearly states that it is a requirement and not a recommendation. Otherwise the initial site plan will be conditionally approved w/the shared access comment from VDOT as a recommendation. If it is not cleared up now, this will come back and bite us all in the keister when the final site plan comes in an VDOT denies the site plan based on the entrance when the comment at the site plan was a recommendation, furthermore it'll also get us when Rachel's project comes in for a site plan and VDOT denies an entrance after the rezoning was approved w/merely a recommendation. Please respond to the above items. I've CCed Joel to this email as I know you are away till Tuesday of next week and Rachel and I are really being backed into a corner with time on this item. Comment#5 from 7-18-16 on SDP2016-18 <image002.png> 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: Moore,Adam PE (VDOT) [mailto:Adam.Moore@vdot.virginia.gov] Sent:Wednesday,September 07, 2016 10:52 AM To: Rachel Falkenstein<rfalkenstein@albemarle.org>; Bedsaul,Willis C. (VDOT) <Willis.Bedsaul@VDOT.Virginia.gov> Cc:Christopher Perez<cperez@albemarle.org> Subject: RE: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018;Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Rachel/Chris, The shared entrance is not something we have given up on. Understood, but is it a requirement or a recommendation. I called Justin Shimp last week to discuss the issue with Better Living's site but have yet to hear back from him. My desire is for them to provide a shared access easement from their entrance, along their travel way to the south to the property line for the Wood Von Storch proposal to utilize. Understood, but is it a requirement or a recommendation. Adam J. Moore,P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT - Charlottesville Residency x01 VDOT VN'aCharlottesville V.A main 434.422.9782 3 Nose From: Rachel Falkenstein [mailto:rfalkenstein©albemarle.orq] Sent: Wednesday, September 07, 2016 9:39 AM To: Bedsaul, Willis C. (VDOT) Cc: Moore, Adam PE (VDOT); Christopher Perez Subject: RE: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018; Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Willis, Wood Von Storch has resubmitted this item and requested to go before the PC.They have not made any changes to their entrance. I think the applicant would be willing to discuss the possibility of a shared entrance, but my understanding from talking to Chris is that the Better Living applicants do not want to do this. Is this something you will be pursuing further? Wood Von Storch is scheduled for the PC for Oct 11, so if this is something VDOT will be requiring then I need to know in the next week or two. I have provided a link below where you can see the latest submittals for the plan, proffers and narrative. http://www.albemarle.org/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD- Planning%5d:%5bApplicationNumber%5d=%22ZMA201600009%22%7d Let me know if you would like to discuss this further. Thanks, Rachel From: Bedsaul,Willis C. (VDOT) [mailto:Willis.Bedsaul@VDOT.Virginia.gov) Sent: Friday,July 15, 2016 3:19 PM To:Christopher Perez<cperez@albemarle.org>; Rachel Falkenstein<rfalkenstein@albemarle.org> Cc: Moore,Adam PE (VDOT)<Adam.Moore@vdot.virginia.gov> Subject: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018;Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Chris/Rachel, After reviewing the Better Living Berkmar drive initial site plan it appears to be a spacing issue, with the Wood/Von Storch conceptual proposed entrance tax map parcel#45-112E. VDOT recommends the proposed entrances be consolidated into one shared use entrance. Shared use entrances are used to reduce the number of access points along a corridor while maintaining reasonable access to adjacent land uses. A shared use entrance generally serves only two parcels. The access Management Regulations 24VAC30-73-120 requires shared entrances where possible. Please refer to Appendix F., page F-23 and page F-118 for further reference. Can you please advise landowners of this issue,if they would like to meet and discuss further in detail will arrange meeting. I appreciate all of your efforts in this matter. Thank you, Willis C. Bedsaul Engineer Land Use Virginia Department of Transportation Land Use-Charlottesville/Green 4 701 VDOT Way Charlottesville Residency Ph#434-422-9866 Cell# 540-717-0005 <SDP-2016-0018 Better Living Berkmar Drive-Initial Site Plan-7-18-2016.pdf> 5 Christopher Perez From: Christopher Perez Sent: Tuesday, September 27, 2016 10:29 AM To: 'Justin Shimp, P.E.' Cc: Patricia Saternye; 'Ellie Ray' Subject: RE: Better Living Berkmar Justin, RE: Better Living Berkmar I'm in receipt of the revised initial site plan to address ARB comments. Pending ARB look over/approval. Question, did you pay the $215 notification fee that was mentioned in the email below? I checked in CV and it does not show this payment being received. If you paid, please provide a receipt number or check# and I'll this corrected w/intake. I cannot approve this baby till that fee is paid. 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:Christopher Perez Sent: Friday, September 23, 2016 12:09 PM To: 'Justin Shimp, P.E.'<justin@shimp-engineering.com> Cc: Patricia Saternye<psaternye@albemarle.org> Subject: RE: Better Living Special Exception Request Justin, The initial site plan is not yet approved. No such letter was ever issued to you. The two items still pending b4 we can approve the plan w/conditions are listed in the comment letter as comments#1 (public notification fee outstanding) and#2 (ARB approval to negate the need to have an SP). Attached is the ARB comments which still require a resubmittal to address. Also,please pay the$215 public notification fee. I figured because you never resubmitted to address ARB's comments that you just wanted to wait till after the Special Exceptions were approved. Thus I've been focusing my efforts on the Special Exceptions. The staff report is complete for these items and will be on the Oct 12th BOS consent agenda with recommendations for approval from staff. 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 1 a P Christopher Perez From: Christopher Perez Sent: Friday, September 23, 2016 12:09 PM To: 'Justin Shimp, P.E.' Cc: Patricia Saternye Subject: RE: Better Living Special Exception Request Attachments: ARB201600039; CD2_SDP201600018 Better Living Berkmar - initial site plan 8-3-16.pdf Justin, The initial site plan is not yet approved. No such letter was ever issued to you. The two items still pending b4 we can approve the plan w/conditions are listed in the comment letter as comments #1 (public notification fee outstanding) and#2 (ARB approval to negate the need to have an SP). Attached is the ARB comments which still require a resubmittal to address. Also, please pay the $215 public notification fee. I figured because you never resubmitted to address ARB's comments that you just wanted to wait till after the Special Exceptions were approved. Thus I've been focusing my efforts on the Special Exceptions. The staff report is complete for these items and will be on the Oct 12th BOS consent agenda with recommendations for approval from staff. Christopher P.Perez 1 Senior Planner Department of Community Development County 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: Friday, September 23, 2016 10:42 AM To: Christopher Perez<cperez@albemarle.org> Subject: Fwd: Better Living Special Exception Request Hi Chris, We are trying to sort out the approval issue on this preliminary plan. I had requested this approval with the conditions and thought that had been issued... can you give me a call today to discuss? Justin Shimp, P.E. 434-953-6116 Begin forwarded message: From: "Justin Shimp, P.E." <justin(a shimp-engineerinq.com> Subject: Re: Better Living Special Exception Request Date: July 7, 2016 at 5:26:52 PM EDT To: Valerie Long <vlonc williamsmullen.com> 1 i s Cc: Christopher Perez <cperezRalbemarle.orq>, Sarah Baldwin <sbaldwin©albemarle.org> Chris, Yes, please make it a condition of approval. We have been working closely with Paty on the ARB side of things so hopefully we are closing in on their approval for the outdoor storage and display not requiring an SP. Thanks, Justin Shimp, P.E. 434-953-6116 On Jul 7, 2016, at 4:56 PM, Long, Valerie <vlong@williamsmullen.com>wrote: Thank you, Chris, we appreciate it. I have an email in to John Nunley and Justin about your question—I think we'll want it just as a condition of approval, but I'll see what Justin advises. I think the answer is whatever is quickest! Thanks,Valerie Valerie Long Williams Mullen 434.951.5709 From: Christopher Perez [mailto:cperez@albemarle.orq] Sent: Thursday, July 07, 2016 1:48 PM To: Long, Valerie Cc: Justin Shimp (Justin@shimp-engineering.com); Sarah Baldwin Subject: RE: Better Living Special Exception Request Valarie, The special exceptions (SE) were just received by me yesterday, I have yet to look at them. It appears they were received by the front desk on the 28thof June but mistakenly placed in the new submittals stack, thus I received them yesterday at our new project distribution. I'll take a look at them with my review of the revised Better Living Plan—initial site plan. Question: Do you want me to hold (defer) the conditional approval of the initial site plan till after the SEs are acted on by the BOS (PC if needed)? Or do you want the SEs as conditions of the initial site plan(to be approved or plans revised prior to final site plan)? 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 2 NNW *Mite From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Thursday,July 07, 2016 1:22 PM To:Christopher Perez<cperez@albemarle.org> Cc:Justin Shimp(Justin@shimp-engineering.com)<Justin@shimp-engineering.com> Subject: Better Living Special Exception Request Chris: Just checking in with you to see if you have had a chance to review this yet and if you think it is something you will be able to recommend approval of? We'd like to go ahead and get it scheduled for Board review(hopefully)or PC review if required. Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonO(a>williamsmullen.com www.williamsmullen.com/vlonq Follow us on LinkedIn, Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. 3 Christopher Perez From: Christopher Perez Sent: Wednesday, September 14, 2016 7:33 AM To: 'Justin Shimp, P.E.' Cc: 'Moore, Adam PE (VDOT)' Subject: SDP201600018 Better Living Berkmar-Initial Site Plan Attachments: REVISED VDOT COMMENTS - Better Living Berkmar Drive -Initial Site Plan 9-13-16.pdf Justin, SDP201600018 Better Living Berkmar- Initial Site Plan It appears that Adam Moore of VDOT has been trying to contact you to discuss their July 18, 2016 comments, specifically the shared access comment#5. They have been unable to get ahold of you for this conversation but have had a couple discussions with me about this comment. They have also had discussions with Rachel Falkenstein about this item as well. She is the reviewer for the rezoning for Wood/Von Storch (ZMA2016-9) located on TMP 45-112E, to which a similar comment was provided to her on the rezoning. After some discussions w/Adam about what the comment actually means and whether or not it was a requirement or a recommendation, he has issued a revised comment letter, see attached. This comment letter has also been uploaded to Countyview.Notably this does not appear to interfere with the special exceptions moving forward on the Oct 12th agenda; rather, it seems to actually add to the justification for approval. Christopher Pe Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road(Charlottesville,VA 22902 434.296.5832 ext. 3443 1 Noire ••6;: • Si rt )1! I • " COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 16,01 Orange Rood Culpeper VIrgirua 22701 Charles A. Kilpatrick, P.E. Commissioner September 13, 2016 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Rachel Falkenstein Re: WoodNon Storch, Rezoning, Proffers/concept Plan. ZMA-2016-00009 Review#3 Dear Ms. Falkenstein: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced rezoning/with proffers and concept plan as submitted by Stoneking Von Storch, Architects dated June 20, 2016, and offer the following comments: 1. Virginia Code 24VAC30-70-120 requires commercial entrances be shared with only limited exceptions. The applicant shall arrange to share a commercial entrance with the neighboring parcel being developed by Better Living and prepare for this entrance to be the sole access point for both properties. One acceptable arrangement would be to utilize a potential access easement within the limits of the neighboring parcel. Please note these site plans or otherwise proposed entrances for this site shall conform to the requirements of the VDOT Road Design Manual, Appendix F. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the Charlottesville Residency Transportation and Land Use Section at (434) 422-9399 for information pertaining to this process. If further information is desired please contact Willis C. Bedsaul at (434) 422-9866. Sincerely, 4A,t (fri Adam J. Moore, P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING • qrr I called Justin Shimp last week to discuss the issue with Better Living's site but have yet to hear back from him. My desire is for them to provide a shared access easement from their entrance, along their travel way to the south to the property line for the Wood Von Storch proposal to utilize. Understood, but is it a requirement or a recommendation. Adam J.Moore,P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT - Charlottesville Residency 701 MOT\\'a\ Charlottesville A'_1 main 434.422.9782 From: Rachel Falkenstein [mailto:rfalkenstein@aalbemarle.orq] Sent: Wednesday, September 07, 2016 9:39 AM To: Bedsaul, Willis C. (VDOT) Cc: Moore, Adam PE (VDOT); Christopher Perez Subject: RE: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018; Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Willis, Wood Von Storch has resubmitted this item and requested to go before the PC.They have not made any changes to their entrance. I think the applicant would be willing to discuss the possibility of a shared entrance, but my understanding from talking to Chris is that the Better Living applicants do not want to do this. Is this something you will be pursuing further?Wood Von Storch is scheduled for the PC for Oct 11, so if this is something VDOT will be requiring then I need to know in the next week or two. I have provided a link below where you can see the latest submittals for the plan, proffers and narrative. http://www.albemarle.org/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD- Planning%5d:%5bApplicationNumber%5d=%22ZMA201600009%22%7d Let me know if you would like to discuss this further. Thanks, Rachel From: Bedsaul, Willis C. (VDOT) [mailto:Willis.Bedsaul@VDOT.Virginia.gov] Sent: Friday,July 15, 2016 3:19 PM To:Christopher Perez<cperez@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemarle.org> Cc: Moore,Adam PE (VDOT)<Adam.Moore@vdot.virginia.gov> Subject: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018; Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Chris/Rachel, After reviewing the Better Living Berkmar drive initial site plan it appears to be a spacing issue, with the Wood/Von Storch conceptual proposed entrance tax map parcel#45-112E. VDOT recommends the proposed entrances be consolidated into one shared use entrance. Shared use entrances are used to reduce the number of access points along a corridor while maintaining reasonable access to adjacent land uses. A shared use entrance generally serves only two parcels. The access Management Regulations 24VAC30-73-120 requires shared entrances 3 *610 where possible. Please refer to Appendix F., page F-23 and page F-118 for further reference. Can you please advise landowners of this issue, if they would like to meet and discuss further in detail will arrange meeting. I appreciate all of your efforts in this matter. Thank you, Willis C. Bedsaul Engineer Land Use Virginia Department of Transportation Land Use-Charlottesville/Green 701 VDOT Way Charlottesville Residency Ph# 434-422-9866 Cell# 540-717-0005 <SDP-2016-0018 Better Living Berkmar Drive-Initial Site Plan-7-18-2016.pdf> 4 Christopher Perez From: Moore, Adam PE (VDOT) <Adam.Moore@vdot.virginia.gov> Sent: Tuesday, September 13, 2016 4:45 PM To: Christopher Perez Cc: Joel DeNunzio, P.E.; David Benish; Rachel Falkenstein; Bedsaul,Willis C. (VDOT); Deel, Justin (VDOT) Subject: RE: Shared Access Comment: SDP-2016-00018 Better Living - Initial Site Plan & ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Attachments: ZMA-2016-R2-00009-9-13-16.pdf; SDP-2016-2-00018 Better Living Berkmar Drive - Initial Site Plan Comment_REVISED.pdf Chris/Rachel, Please find attached the revised comment letters regarding these two submissions. Hopefully this clarifies the situation. The matter of shared entrances is laid out pretty clearly in Virginia Code 24VAC30-73-120. Please let me know if you have any other questions. Adam J.Moore, P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT - Charlottesville Residency "01 1-1)01 \Vag Charlottesville A'_A main 434.422.9782 From: Moore, Adam PE (VDOT) Sent: Thursday, September 08, 2016 9:54 PM To: Christopher Perez Cc: DeNunzio, Joel D., P.E. (VDOT); David Benish; Rachel Falkenstein; Bedsaul, Willis C. (VDOT) Subject: Re: Shared Access Comment: SDP-2016-00018 Better Living - Initial Site Plan &ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Chris/Rachel, I can send revised comment letters on Tuesday. Adam J. Moore, P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT-Charlottesville Residency 701 VDOT Way I Charlottesville I VA main 434.422.9782 On Sep 8, 2016, at 3:44 PM, Christopher Perez<cperez@albemarle.org>wrote: Adam, Shared Access Comment: SDP-2016-00018 Better Living- Initial Site Plan & ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan I have met with David Benish and Rachel Falkenstein about the issue of the shared access between the proposed Better Living Initial Site Plan(SDP2016-18) located on TMP 45-112B 1 . • and the rezoning for Wood/Von Storch (ZMA2016-9) located on TMP 45-112E. , http://gisweb.albemarle.org/Map/Viewer.aspx?state=266290205575 Both Rachel and I are grappling with these projects and are on the cusp of having to take action on them. Rachel's is slated for a public hearing at the Oct 11th PC meeting, with a staff report due in a couple weeks, and my site plan is a couple weeks away from being approved w/ conditions. Both of us are seeking a solid legally defensible end point with regards to the shared access comment from VDOT. VDOT's 7-18-16 comment letter states that this shared access is a "recommendation" (see attached & below), but through a couple verbal conversations I've had with you it appears to truly be a VDOT requirement, that is unless the applicant applies for and is granted a waiver based on appropriate justifications. Per our discussion it appears that VDOT would deny an entrance permit for Better Living as currently proposed on the site plan, unless they provide the connection OR an easement for the connection OR they apply for/and are granted the waiver not to connect. Please be mindful that the site plan for Better Living is a by- right use,thus the County doesn't really have any way to require the connection.If VDOT is requiring the connection I need that in writing, preferably in the form of a revised comment letter which clearly states that it is a requirement and not a recommendation. Otherwise the initial site plan will be conditionally approved w/the shared access comment from VDOT as a recommendation. If it is not cleared up now, this will come back and bite us all in the keister when the final site plan comes in an VDOT denies the site plan based on the entrance when the comment at the site plan was a recommendation, furthermore it'll also get us when Rachel's project comes in for a site plan and VDOT denies an entrance after the rezoning was approved w/merely a recommendation. Please respond to the above items. I've CCed Joel to this email as I know you are away till Tuesday of next week and Rachel and I are really being backed into a corner with time on this item. Comment#5 from 7-18-16 on SDP2016-18 <image002.png> Christopher P. Perez 1 Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext. 3443 From: Moore, Adam PE (VDOT) [mailto:Adam.Moore@ vdot.virginia.gov] Sent:Wednesday, September 07, 2016 10:52 AM To: Rachel Falkenstein <rfalkenstein@albemarle.org>; Bedsaul,Willis C. (VDOT) <Willis.Bedsaul@VDOT.Virginia.gov> Cc: Christopher Perez<cperez@albemarle.org> Subject: RE: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018;Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Rachel/Chris, The shared entrance is not something we have given up on. Understood, but is it a requirement or a recommendation. 2 Christopher Perez From: Christopher Perez Sent: Thursday, September 08, 2016 3:42 PM To: 'Moore,Adam PE (VDOT)' Cc: Joel DeNunzio, P.E. (joel.denunzio@vdot.virginia.gov); David Benish; Rachel Falkenstein; 'Bedsaul,Willis C. (VDOT)' Subject: Shared Access Comment: SDP-2016-00018 Better Living -Initial Site Plan &ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Attachments: SDP-2016-0018 Better Living Berkmar Drive-Initial Site Plan-7-18-2016.pdf Adam, Shared Access Comment: SDP-2016-00018 Better Living - Initial Site Plan& ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan I have met with David Benish and Rachel Falkenstein about the issue of the shared access between the proposed Better Living Initial Site Plan(SDP2016-18) located on TMP 45-112B and the rezoning for Wood/Von Storch (ZMA2016-9) located on TMP 45-112E. http://gisweb.albemarle.org/Map/Viewer.aspx?state=266290205575 Both Rachel and I are grappling with these projects and are on the cusp of having to take action on them. Rachel's is slated for a public hearing at the Oct 115h PC meeting, with a staff report due in a couple weeks, and my site plan is a couple weeks away from being approved w/conditions. Both of us are seeking a solid legally defensible end point with regards to the shared access comment from VDOT. VDOT's 7-18-16 comment letter states that this shared access is a"recommendation" (see attached& below), but through a couple verbal conversations I've had with you it appears to truly be a VDOT requirement, that is unless the applicant applies for and is granted a waiver based on appropriate justifications. Per our discussion it appears that VDOT would deny an entrance permit for Better Living as currently proposed on the site plan, unless they provide the connection OR an easement for the connection OR they apply for/and are granted the waiver not to connect. Please be mindful that the site plan for Better Living is a by-right use, thus the County doesn't really have any way to require the connection.If VDOT is requiring the connection I need that in writing, preferably in the form of a revised comment letter which clearly states that it is a requirement and not a recommendation. Otherwise the initial site plan will be conditionally approved w/the shared access comment from VDOT as a recommendation. If it is not cleared up now, this will come back and bite us all in the keister when the final site plan comes in an VDOT denies the site plan based on the entrance when the comment at the site plan was a recommendation, furthermore it'll also get us when Rachel's project comes in for a site plan and VDOT denies an entrance after the rezoning was approved w/merely a recommendation. Please respond to the above items. I've CCed Joel to this email as I know you are away till Tuesday of next week and Rachel and I are really being backed into a corner with time on this item. Comment#5 from 7-18-16 on SDP2016-18 5. VDOT recommends the proposed entrance be consolidated into one shared use entrance with the Wood/Von Storch conceptual proposed entrance tax map parcel#45- 112E. Shared use entrances are used to reduce the number of access points along a corridor while maintaining reasonable access to adjacent land uses. A shared use entrance generally serves only two parcels. The access Management Regulations 24VAC30-73-120 requires shared entrances where possible. Please refer to Appendix F., page F-23 and page F-I 18 for further reference. Christopher P.Perez 1 Senior Planner 1 Christopher Perez From: Christopher Perez Sent: Thursday, September 08, 2016 3:42 PM To: 'Moore,Adam PE (VDOT)' Cc: Joel DeNunzio, P.E. (joel.denunzio@vdot.virginia.gov); David Benish; Rachel Falkenstein; 'Bedsaul, Willis C. (VDOT)' Subject: Shared Access Comment: SDP-2016-00018 Better Living -Initial Site Plan &ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan Attachments: SDP-2016-0018 Better Living Berkmar Drive-Initial Site Plan-7-18-2016.pdf Adam, Shared Access Comment: SDP-2016-00018 Better Living - Initial Site Plan&ZMA2016-9 Wood/Von Storch - Rezoning, Proffers and Concept Plan I have met with David Benish and Rachel Falkenstein about the issue of the shared access between the proposed Better Living Initial Site Plan(SDP2016-18) located on TMP 45-112B and the rezoning for Wood/Von Storch (ZMA2016-9) located on TMP 45-112E. http://gisweb.albemarle.org/Map/Viewer.aspx?state=266290205575 Both Rachel and I are grappling with these projects and are on the cusp of having to take action on them. Rachel's is slated for a public hearing at the Oct 11th PC meeting, with a staff report due in a couple weeks, and my site plan is a couple weeks away from being approved w/conditions. Both of us are seeking a solid legally defensible end point with regards to the shared access comment from VDOT. VDOT's 7-18-16 comment letter states that this shared access is a"recommendation" (see attached& below), but through a couple verbal conversations I've had with you it appears to truly be a VDOT requirement, that is unless the applicant applies for and is granted a waiver based on appropriate justifications. Per our discussion it appears that VDOT would deny an entrance permit for Better Living as currently proposed on the site plan, unless they provide the connection OR an easement for the connection OR they apply for/and are granted the waiver not to connect. Please be mindful that the site plan for Better Living is a by-right use, thus the County doesn't really have any way to require the connection.If VDOT is requiring the connection I need that in writing, preferably in the form of a revised comment letter which clearly states that it is a requirement and not a recommendation. Otherwise the initial site plan will be conditionally approved w/the shared access comment from VDOT as a recommendation. If it is not cleared up now, this will come back and bite us all in the keister when the final site plan comes in an VDOT denies the site plan based on the entrance when the comment at the site plan was a recommendation, furthermore it'll also get us when Rachel's project comes in for a site plan and VDOT denies an entrance after the rezoning was approved w/merely a recommendation. Please respond to the above items. I've CCed Joel to this email as I know you are away till Tuesday of next week and Rachel and I are really being backed into a corner with time on this item. Comment#5 from 7-18-16 on SDP2016-18 5. VDOT recommends the proposed entrance be consolidated into one shared use entrance with the Wood/Von Storch conceptual proposed entrance tax map parcel#45- 112E, Shared use entrances are used to reduce the number of access points alone a corridor while maintaining reasonable access to adjacent I,tnd uses. A shared use entrance generally serves only two parcels. The access Management Regulations 24VAC30-73-120 requires shared entrances where possible, Please refer to Appendix F., page F-23 and page F-118 for further reference. Christopher P.Perez I Senior Planner 1 Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road 1 Charlottesville.VA 22902 434.296.5832 ext.3443 From: Moore, Adam PE (VDOT) [mailto:Adam.Moore@vdot.virginia.gov] Sent:Wednesday, September 07, 2016 10:52 AM To: Rachel Falkenstein <rfalkenstein@albemarle.org>; Bedsaul,Willis C. (VDOT) <Willis.Bedsaul@VDOT.Virginia.gov> Cc:Christopher Perez<cperez@albemarle.org> Subject: RE: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018; Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Rachel/Chris, The shared entrance is not something we have given up on. Understood, but is it a requirement or a recommendation. I called Justin Shimp last week to discuss the issue with Better Living's site but have yet to hear back from him. My desire is for them to provide a shared access easement from their entrance, along their travel way to the south to the property line for the Wood Von Storch proposal to utilize. Understood, but is it a requirement or a recommendation. Adam J. Moore, P.E. I Assistant Resident Engineer/Area Land Use Engineer VDOT - Charlottesville Residency 701 VDOT Way Charlottesville VA main 434.422.9782 From: Rachel Falkenstein [mailto:rfalkenstein@albemarle.orq] Sent: Wednesday, September 07, 2016 9:39 AM To: Bedsaul, Willis C. (VDOT) Cc: Moore, Adam PE (VDOT); Christopher Perez Subject: RE: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018; Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Willis, Wood Von Storch has resubmitted this item and requested to go before the PC.They have not made any changes to their entrance. I think the applicant would be willing to discuss the possibility of a shared entrance, but my understanding from talking to Chris is that the Better Living applicants do not want to do this. Is this something you will be pursuing further?Wood Von Storch is scheduled for the PC for Oct 11, so if this is something VDOT will be requiring then I need to know in the next week or two. I have provided a link below where you can see the latest submittals for the plan, proffers and narrative. http://www.albemarle.org/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD- Planning%5d:%5bApplicationNumber%5d=%22ZMA201600009%22%7d Let me know if you would like to discuss this further. Thanks, Rachel 2 From: Bedsaul, Willis C. (VDOT) [mailto:Willis.Bedsaul@VDOT.Virginia.gov] Sent: Friday,July 15, 2016 3:19 PM To:Christopher Perez<cperez@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemarle.org> Cc: Moore,Adam PE (VDOT)<Adam.Moore@vdot.virginia.gov> Subject: Better Living Berkmar Drive- Initial site plan-SDP-2016-00018; Wood/Von Storch, rezoning, proffers and Concept plan-ZMA-2016-00009 Chris/Rachel, After reviewing the Better Living Berkmar drive initial site plan it appears to be a spacing issue, with the Wood/Von Storch conceptual proposed entrance tax map parcel#45-112E. VDOT recommends the proposed entrances be consolidated into one shared use entrance. Shared use entrances are used to reduce the number of access points along a corridor while maintaining reasonable access to adjacent land uses. A shared use entrance generally serves only two parcels. The access Management Regulations 24VAC30-73-120 requires shared entrances where possible. Please refer to Appendix F., page F-23 and page F-118 for further reference. Can you please advise landowners of this issue, if they would like to meet and discuss further in detail will arrange meeting. I appreciate all of your efforts in this matter. Thank you, Willis C. Bedsaul Engineer Land Use Virginia Department of Transportation Land Use-Charlottesville/Green 701 VDOT Way Charlottesville Residency Ph# 434-422-9866 Cell# 540-717-0005 3 Christopher Perez From: Long, Valerie <vlong@williamsmullen.com> Sent: Friday, September 02, 2016 5:15 PM To: Christopher Perez Cc: David Benish; Ron Higgins;John Nunley; Mark Graham; 'Justin Shimp, P.E.'; Stephanie Mallory Subject: RE: SDP201600018 Better Living Berkmar- Initial Site Plan Attachments: B Properties Special Exception Request_ Revised 9.2.16.PDF Thank you Chris. I have attached the revised Special Exception request, incorporating the issues included in my prior email, and also addressing the setback for Building D. Valerie Valerie Long Williams Mullen 434.951.5709 From: Christopher Perez [mailto:cperez@albemarle.org] Sent: Monday, August 29, 2016 4:07 PM To: Long, Valerie Cc: David Benish; Ron Higgins; John Nunley; Mark Graham; 'Justin Shimp, P.E.'; Stephanie Mallory Subject: RE: SDP201600018 Better Living Berkmar - Initial Site Plan Valarie, Better Living Berkmar (Special Exceptions) The special exceptions for your project have been placed on the consent agenda for the October 12th BOS meeting. When will you have the revised narrative/request that you spoke of in the attached email? In addition to the other modifications to the narrative please assure that your request of the SE to the side minimum setbacks is modified to also include a request/discussion/justification to allowing `Storage Shed D' to be closer than 50' to the district boundary of the R-6 lots, as it is proposed 22 feet from these lots. Currently the request only speaks to parking spaces provided along the side of the building. Thanks 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday, August 15, 2016 4:21 PM To: Christopher Perez<cperez@albemarle.org>; 'Justin Shimp, P.E.'<justin@shimp-engineering.com> Cc: David Benish<DBENISH@albemarle.org>; Ron Higgins<rhiggins@albemarle.org>;John Nunley <jnunleym5@btrlvg.com> Subject: RE: SDP201600018 Better Living Berkmar- Initial Site Plan 1 fir✓ ited Chris: one other thing—while we are meeting and hopefully working this out, could we go ahead and schedule the Board hearing date so we keep it moving in the meantime? Thank you,Valerie Valerie Long - Williams Mullen • 434.951.5709 From: Long, Valerie Sent: Monday, August 15, 2016 3:54 PM To: 'Christopher Perez'; 'Justin Shimp, P.E.' Cc: David Benish; Ron Higgins; 'John Nunley' Subject: RE: SDP201600018 Better Living Berkmar- Initial Site Plan Chris: can we set up a meeting for all of us, and John Nunley of Better Living to discuss this issue? It is a significant issue for Better Living, and thus we would appreciate the opportunity to discuss your comments in more detail and make a case for the Special Exception in light of your comments. The three of us are all free all day tomorrow (Tuesday the 16th) and all day Wednesday the 17th. Can we come meet with you all at some point tomorrow or Wednesday? Thank you,Valerie Valerie Long Williams Mullen 434.951.5709 From: Christopher Perez [mailto:cperez@albemarle_org] Sent: Wednesday, August 03, 2016 11:55 AM To: Long, Valerie; 'Justin Shimp, P.E.' Cc: David Benish; Ron Higgins Subject: RE: SDP201600018 Better Living Berkmar - Initial Site Plan Valarie, I will add, the only special exception(SE)request which has specific criteria expressed in the ordinance is the SE to the buffer zone provisions as provided for in Section 21.7(c), all other min yard requirements rely/direct the user to sec 4.20 and my previous email covers that. See below the highlighted section which discusses the criteria for the SE of the buffer zone: 21.7 MINIMUM YARD REQUIREMENTS The minimum yard requirements in the commercial districts are as follows: a.Adjacent to streets. The minimum and maximum front yards shall be as provided in section 4.20. b.Adjacent to residential, rural areas, or the Monticello Historic districts. If the abutting lot is zoned residential, rural areas, or the Monticello Historic district, the minimum and maximum side and rear yards shall be as provided in section 4.20. c.Buffer zone adjacent to residential and rural areas districts. No construction activity including grading or clearing of vegetation shall occur closer than twenty(20) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. The board of supervisors may waive by special exception the 2 prohibition of construction activity, grading or the clearing of vegetation in the buffer in a particular case upon consideration of whether: (i) the developer or subdivider demonstrates that grading or clearing is necessary or would result in an improved site design; (ii)minimum screening requirements will be satisfied; and (iii) existing landscaping in excess of minimum requirements is substantially restored. 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: Wednesday, August 03, 2016 11:48 AM To: 'Long, Valerie' <vlong@williamsmullen.com>; 'Justin Shimp, P.E.' <justin@shimp-engineering.com> Cc: David Benish<DBENISH@albemarle.org>; Ron Higgins<rhiggins@albemarle.org> Subject: RE: SDP201600018 Better Living Berkmar- Initial Site Plan Valarie, The ordinance, specifically these setback requirements (Sec 4.20) which you seek to gain special exceptions to do not have specific criteria required for the request in the ordinance; rather, they merely state: "2. The maximum,front setback may be increased by special exception to accommodate low impact design, unique parking or circulation plans, or a unique target market design. " & "3. Any minimum setback may be reduced by special exception. " The other area where guidance is provided to the special exception request comes from the standard Sec 33.5—uniform procedures for special exceptions &Sec 33.9 Special Exceptions; Relevant factors to be Considered. The ordinance is designed to implement the goals & objectives of the Comp Plan. Thus the root of the ordinance is the Comp Plan. To get around the hard line requirements of the ordinance would require some justification seated in the Comp Plan. David or Ron may have a more insightful read on this, but I think that sums it up. 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: Long, Valerie [mailto:vlong@williamsmullen.com] Sent: Wednesday, August 03, 2016 11:27 AM To: Christopher Perez<cperez@albemarle.org>; 'Justin Shimp, P.E.' <justin@shimp-engineering.com> Cc: David Benish <DBENISH@albemarle.org> Subject: RE: SDP201600018 Better Living Berkmar- Initial Site Plan Chris, Thank you for the update. I'm out of town this week, and am checking emails only sporadically, but happened to be checking this morning and saw your email. I appreciate this update, and the details you provided very much. I just question whether with regard to the special exceptions, the Comp Plan is the guiding document—it seems to me that the ordinance itself is the guiding document. The criteria for a special exception is expressly included there, and it does not mention (I do not believe)the Comp Plan. The ordinance provision was written based on the Comp Plan and its goals for relegated parking, but expressly included an option for flexibility. The Board of Supervisors included the flexibility provisions DESPITE the Comp Plans goals for relegated parking generally. So going back to the Comp Plan AGAIN undercuts that express provision in the ordinance. Has that been considered? 3 wow Thank you, Valerie Valerie Long Williams Mullen 434.951.5709 From: Christopher Perez [mailto:cl erez@albemarle.orq] Sent: Wednesday, August 03, 2016 9:04 AM To: Long, Valerie; 'Justin Shimp, P.E.' Cc: David Benish Subject: SDP201600018 Better Living Berkmar - Initial Site Plan Valarie/Justin, SDP201600018 Better Living Berkmar- Initial Site Plan As you know ARB was canceled this week,thus they have yet to take an action on the revised plan. I've concluded my review of the revised initial site plan(see attached). As previously discussed/agreed upon I have included the special exceptions as conditions. Both of you have asked for guidance as to how staff is leaning towards the special exceptions after conducting an initial review. At this point I'm still awaiting Zoning's final weigh in/comments on the exceptions & final guidance from the Planning Director on the exceptions; however, I offer the following based on preliminary discussions: 1) Exception to front maximum setbacks—The justification for the exception was not rooted in the Comp Plan, which is the document we look to for guidance on these types of exceptions. Based on my review of the request (still pending Zoning's final weigh in &final guidance from the Planning Director), it does not appear we'd support the request based on the Comprehensive Plan. Thus the request would need to go to the PC for review/recommendation and then to the BOS for final action. The Comprehensive Plan creates a strong preference for relegated parking. Relegated parking is parking that is provided to the side of or behind a building that faces a street. It appears that you could design your building adjacent to Berkmar to provide all of the parking to the side of or behind the building,while still having the business visible from Berkmar Dr and providing ADA parking. Such a redesign could also provide for a shared driveway with the R-6 zoned property to the south, allow the building to meet the maximum 30' building setback from Berkmar, and provide a sidewalk along Berkmar, thus honoring the County's desire for relegated parking and shared access. VDOT's July 18th comment#5 (provided below) also supports/requests a shared access with the R-6 properties adjacent to the site. When I asked Adam Moore of VDOT to further explain the comment, it truly seems to be a requirement and not a recommendation—please work with VDOT to iron out the final details with regard to the entrance as it does not appear the current location will be sufficient/approvable by VDOT without sufficient justification and a waiver. 5. VDOT recommends the proposed entrance be consolidated into one shared use entrance with the Wood/Von Scorch conceptual proposed entrance tax map parcel*45- 1121. Shared use entrances arc used to reduce the number of access points along a corridor while maintaining reasonable access to adjacent land uses. A shared use entrance generally serves only two parcels. The access Management Regulations 24VAC30-73-120 requires shared entrances where possible. Please refer to Appendix F.. page 1.23 and page F•118 for further reference. Il) Exception to side minimum setbacks—The justification for the 3) Exception to 20' undisturbed buffer—The justification for the exception was not specifically rooted in the Comp Plan; however, if staff utilizes the same justification from request #2 which is rooted in the Comp Plan then based on my review of the request (still pending Zoning's final weigh in do final guidance from the Planning Director), it appears we'd support the request based on the Comprehensive Plan. Thus the request could go on the consent agenda for the BOS. Once I receive Zoning's comments on the SE requests and have final guidance from the Planning Director I'll push this item on to the respectable commissions and boards. Unless you seek to modify the requests or withdrawal them and redesign based on preliminary guidance and/or review comments. Christopher P.Perez Senior Planner Department of Community Development(County of Albemarle,Virginia 401 clnore Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 5 J Christopher Perez From: Justin Shimp, P.E. <justin@shimp-engineering.com> Sent: Friday, June 24, 2016 1:31 PM To: Christopher Perez Cc: Patricia Saternye Subject: Re: SDP2016-18 Better Living Berkmar- initial site plan Hi Chris, Thanks for getting back to me on this. Please defer the review and action on the initial plan until the ARB ofoing 4/ , Thanks! Justin Shimp, P.E. 434-953-6116 On Jun 16, 2016, at 3:12 PM, Christopher Perez <cperez@albemarle.org> wrote: Justin, SDP2016-18 Better Living Berkmar- initial site plan As discussed today the new 18,400 SF building is a storage building without water and/or sewer hookup. It's merely to store wood, metal, and PVC pipes. Customers will not be permitted in this area rather it's for storage purposes only, there is no office space in this area either. Being you plan to resubmit the ARB plan on Monday the 20th of June, the ARB meeting date will be Aug 1st. I cannot approve the initial site plan with the SP condition for the outdoor storage and display. Thus I need to wait till ARB takes an action on the item's visibility before I take an action on the plan. Considering all of the above because the new building is the same use as before (storage) we can proceed to review it as a resubmittal. Thus we'll go ahead and send this out for various SRC reviewers (Fire & Rescue, ACSA, Engineering, Jay Schlothauer, and ARB)... based on the above I do not see any reason to go back through the entire SRC and notify abutting owners. But being ARB is so far out (Aug 1st) and we'll be beyond the 60 day time for action. I need you to defer this plan while ARB is reviewing it and while the various reviewers are reviewing the changes. Once I get ARB's action on the viability of the outdoor storage and display then I can take an action on this plan. 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:Justin Shimp, P.E. [mailto:justin@shimp-engineering.com] Sent:Thursday,June 16, 2016 10:08 AM 1 Now To: Christopher Perez<cperez@albemarle.org> Cc: Patricia Saternye <psaternye@albemarle.org> Subject: Re: SDP2016-18 Better Living Berkmar- initial site plan Chris, I'll give you a call at 10:30 or so. Justin Shimp,P.E. 434-953-6116 On Jun 16, 2016, at 9:13 AM, Christopher Perez<cperez@albemarle.org>wrote: Justin, SDP2016-18 Better Living Berkmar-initial site plan It appears we're playing phone tag on the above project. I need to get a few questions answered from you before we determine how to handle/distribute the revised plans. I'm available from now till 9:25am, after which I'll be in a meeting till 10:30am, after which I'll be back in my office working on plan review. Give me a call and let's knock this one out. Thanks 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 2 • Christopher Perez From: Justin Shimp, P.E. <justin@shimp-engineering.com> Sent: Thursday, July 07, 2016 5:27 PM To: Valerie Long Cc: Christopher Perez; Sarah Baldwin Subject: Re: Better Living Special Exception Request Chris, i Ve have been working closely with Paty on the ARB side of things so hopefully we are closing in on their approval for the outdoor storage and display not requiring an SP. Thanks, Justin Shimp, P.E. 434-953-6116 On Jul 7, 2016, at 4:56 PM, Long, Valerie<vlong@williamsmullen.com> wrote: Thank you, Chris, we appreciate it. I have an email in to John Nunley and Justin about your question—I think we'll want it just as a condition of approval, but I'll see what Justin advises. I think the answer is whatever is quickest! Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Christopher Perez [mailto:cperez©albemarle.orq] Sent: Thursday, July 07, 2016 1:48 PM To: Long, Valerie Cc: Justin Shimp (Justin@shimp-engineering.com); Sarah Baldwin Subject: RE: Better Living Special Exception Request Valarie, The special exceptions (SE) were just received by me yesterday, I have yet to look at them. It appears they were received by the front desk on the 28t"of June but mistakenly placed in the new submittals stack, thus I received them yesterday at our new project distribution. I'll take a look at them with my review of the revised Better Living Plan— initial site plan. Question: Do you want me to hold (defer) the conditional approval of the initial site plan till after the SEs are acted on by the BOS (PC if needed)? Or do you want the SEs as conditions of the initial site plan (to be approved or plans revised prior to final site plan)? Christopher P. Pere/. Senior Planner Department of Community Dev elopment'County of Albemarle, Virginia 401 McIntire Road Charlottesville,VA 22902 1 coi 434.296.5832 ext.3443 From: Long, Valerie [mailto:vlong@williamsmullen.com] Sent:Thursday,July 07, 2016 1:22 PM To: Christopher Perez<cperez@albemarle.org> Cc:Justin Shimp (Justin@shimp-engineering.com)<Justin@shimp-engineering.com> Subject: Better Living Special Exception Request Chris: Just checking in with you to see if you have had a chance to review this yet and if you think it is something you will be able to recommend approval of? We'd like to go ahead and get it scheduled for Board review (hopefully) or PC review if required. Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonq©williamsmullen.com www.williamsmullen.com/vlonq Follow us on Linkedln, Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. 2 Christopher Perez From: Christopher Perez Sent: Thursday, July 07, 2016 1:48 PM To: 'Long, Valerie' Cc: Justin Shimp (Justin@shimp-engineering.com); Sarah Baldwin Subject: RE: Better Living Special Exception Request Valarie, The special exceptions (SE) were just received by me yesterday, I have yet to look at them. It appears they were received by the front desk on the 28th of June but mistakenly placed in the new submittals stack, thus I received them yesterday at our new project distribution. I'll take a look at them with my review of the revised Better Living Plan —initial site plan. Question: Do you want me to hold (defer) the conditional approval of the initial site plan till after the SEs are acted on by the BOS (PC if needed)? Or do you want the SEs as conditions of the initial site plan (to be approved or plans revised prior to final site plan)? Christopher P.Perez Senior Planner Department of Community Development(County of Albemarle, Virginia 4(11 McIntire Road I Charlottesville.VA 22902 434.296.5832 ext. 3443 From: Long, Valerie [mailto:vlong@williamsmullen.com] Sent:Thursday,July 07, 2016 1:22 PM To: Christopher Perez<cperez@albemarle.org> Cc:Justin Shimp (Justin@shimp-engineering.com)<Justin@shimp-engineering.com> Subject: Better Living Special Exception Request Chris: Just checking in with you to see if you have had a chance to review this yet and if you think it is something you will be able to recommend approval of? We'd like to go ahead and get it scheduled for Board review(hopefully) or PC review if required. Thanks, Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonq@williamsmullen.com www.williamsmullen.com/vlonq Follow us on Linkedln, Facebook, and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. 1 Christopher Perez From: Christopher Perez Sent: Thursday, June 16, 2016 3:13 PM To: 'Justin Shimp, P.E.' Cc: Patricia Saternye Subject: RE: SDP2016-18 Better Living Berkmar- initial site plan Justin, SDP2016-18 Better Living Berkmar- initial site plan As discussed today the new 18,400 SF building is a storage building without water and/or sewer hookup. It's merely to store wood, metal, and PVC pipes. Customers will not be permitted in this area rather it's for storage purposes only, there is no office space in this area either. Being you plan to resubmit the ARB plan on Monday the 20th of June, the ARB meeting date will be Aug l'. I cannot approve the initial site plan with the SP condition for the outdoor storage and display. Thus I need to wait till ARB takes an action on the item's visibility before I take an action on the plan. Considering all of the above because the new building is the same use as before (storage) we can proceed to review it as a resubmittal. Thus we'll go ahead and send this out for various SRC reviewers(Fire & Rescue, ACSA, Engineering, Jay Schlothauer, and ARB)... based on the above I do not see any reason to go back through the entire SRC and notify abutting owners. But being ARB is so far out (Aug 1st) and we'll be beyond the 60 day time for action. .. { +€ _ „#1.t 4 a ;ARB s e xni and win e the vi x:tsq 'ow- t: _ r = t �_ Once I get ARB's action on the viability of the outdoor storage and display then I can take an action on this plan. 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:Justin Shimp, P.E. [mailto:justin@shimp-engineering.com] Sent:Thursday,June 16, 2016 10:08 AM To: Christopher Perez<cperez@albemarle.org> Cc: Patricia Saternye<psaternye@albemarle.org> Subject: Re: SDP2016-18 Better Living Berkmar-initial site plan Chris, I'll give you a call at 10:30 or so. Justin Shimp, P.E. 434-953-6116 On Jun 16, 2016, at 9:13 AM, Christopher Perez <cperezgu,albemarle.org> wrote: Justin, SDP2016-18 Better Living Berkmar- initial site plan i • It appears we're playing phone tag on the above project. I need to get a few questions answered from you before we determine how to handle/distribute the revised plans. I'm available from now till 9:25am, after which I'll be in a meeting till 10:30am, after which I'll be back in my office working on plan review. Give me a call and let's knock this one out. Thanks 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 2 14) eX CA?'( 1) What is the new 18,400 SF building for? Is it a storage building for lumber? Yes its storage for lumber and PVC piping. Will it have water and sewer attached to it? NO. Will customers be permitted in there? NO Justin said it is for Storage.Thus it needs to be clearly labeled such on the plan.This should be listed as a comment for the review. 2) Did you resubmit ARB plans? I have not seen those yet? Resubmitting on Monday the 20th 3) If the answer to#1 is yes...then we need to do one of two things defer it and run it through SRC again,you won't be charged a new review fee but you will need to go back through SRC and send out new notices. OR I'll move forward with the review and after SRC gets it we'll recommend approval without the new building. OR I'll deny it be you made changes that were not requested by SRC reviewers. (Almost every dept is potentially impacted by the new building and the modified location of the old building). Because the new building is the same use as before with no office or anything else rather just storage then we can proceed to review it as a resubmittal. BC ARB needs to approve the 'outdoor storage and display' as not being visible from the EC and they won't have that decision till Aug 15T. We'll go ahead and send this out for various SRC reviewers (Fire & Rescue, ACSA (to assure it doesn't impact anything &to check this house out on TMP 45-112A,Jay Schlothauer, Planning, and ARB)...no need to go back through SRC and notify abutting owners. ..---. -- I Thus Justin needs to defer it while it's going through the process of resubmittal review and to C , ARB for a decision. Christopher Perez From: Margaret Maliszewski Sent: Tuesday, May 17, 2016 4:53 PM To: Christopher Perez Cc: Patricia Saternye Subject: ARB action on Better Living Initial Plan (from action memo; letter to follow...) a. ARB-2016-39: Better Living Initial Plan-Initial Site Development Plan—(TM/Parcels 045000000112B0& 045000000112A0) Proposal: To construct a building for building supply sales, furniture sales and office uses as well as two smaller buildings for storage and an outdoor paved loading and storage area. Outdoor storage, display and/or sales areas require a special use permit if visible from the EC. Location: Between Route 29 and Berkmar Drive. North of Schewels (2030 Seminole Trail)and south of Better Living Furniture(2060 Seminole Trail)and Better Living Home Center(2070 Seminole Trail). Justin Shimp, representative for the applicant, requested deferral. Motion: Mr. Lebo made a motion for the ARB to accept the applicant's request for deferral. Mr. Binsted seconded the motion. The motion carried by a vote of 4:0. Margaret M. Maliszewski, Principal Planner Albemarle County Department of Community Development 401 McIntire Road,Charlottesville,VA 22902 434-296-5832 x3276 1 VOW VOW Christopher Perez From: Justin Shimp, P.E. <justin@shimp-engineering.com> Sent: Friday, May 06, 2016 11:04 AM To: Christopher Perez Subject: Re: SDP201600018 Better Living Berkmar- Initial Site Plan rCx- Hi Chris, Thanks for the follow up. As discussed please defer the review of SDP 2016-00018 until we resubmit a revised plan. Justin Shimp, P.E. 434-953-6116 On May 6, 2016, at 7:36 AM, Christopher Perez <cperez a,albemarle.org> wrote: Justin, SDP201600018 Better Living Berkmar- Initial Site Plan Reminder, please provide me that deferral request. An email will be fine. Thanks Christopher P. Perez 1 Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road l Charlottesville, VA 22902 434.296.5832 ext. 3443 1 Christopher Perez From: Christopher Perez Sent: Thursday, May 05, 2016 7:42 AM To: 'Justin Shimp' Subject: SDP201600018 Better Living Berkmar- Initial Site Plan Attachments: VDOT attachment-WP-2-Pavement wide-303_02.pdf; VDOT Comments -Sub-2016-0018 Better Living Berkmar Drive-Initial Site Plan.pdf; Fire and Rescue Comments SDP2016-18.pdf; Site Review Committee Meeting Agenda-5-05-16.pdf Justin, I've been out for two days with a sick kid. Back in the office and ready for SRC. Attached is the agenda for today's meeting. Also, attached are the rest of the SRC reviewer comments (VDOT,Fire and Rescue, and ACSA). Margaret already provided you the staff report for the ARB,thus I won't clutter up your inbox with it again. See you at SRC. Christopher P. Perez Senior Planner Department of Community Development ICounty of Albemarle,Virginia 401 McIntire Road Charlottesville, VA 22902 434.296.5832 ext. 3443 From: Christopher Perez Sent: Monday, May 02, 2016 3:55 PM To: 'Justin Shimp' <justin@shimp-engineering.com> Subject: RE:SDP201600018 Better Living Berkmar- Initial Site Plan Justin, Below are ACSA's comments. (, From:Alexander Morrison [mailto:amorrison@serviceauthority.org] Sent: Monday, May 02, 2016 3:30 PM To: Christopher Perez<cperez@albemarle.org> Subject:SDP201600018: Better Living Berkmar- Initial Site Plan Chris, I have reviewed the above referenced application and have the following comments: • Construction submittal to the ACSA will be required at the final site plan stage. Submit 3 copies of the plan along with water and sewer data sheets to the ACSA,Attn: Michael Vieira, PE. • RWSA review and approval of the water connection is required. • 2 fire hydrants will be required to meet the fire code. Per Fire/Rescue, one shall be placed in the large island in the parking lot and the second shall be placed on the address side of Building A. • During the construction review the ACSA will determine the what sections of the proposed sewer will be public. Alexander J. Morrison, P.E. Civil Engineer Albemarle County Service Authority 1 MIL err 168 Spotnap Road Charlottesville,Virginia 22911 (0)434-977-4511 Ext. 116 (C)434-981-5577 (F)434-979-0698 Christopher P.Perez I Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Monday, May 02, 2016 8:38 AM To:Justin Shimp<justin@shimp-engineering.com> Subject:SDP201600018 Better Living Berkmar- Initial Site Plan Justin, SDP201600018 Better Living Berkmar- Initial Site Plan Attached are SRC comments for the above referenced plan. Comments from Fire & Rescue, ACSA, ARB, and VDOT reviews pending, to be forwarded once recieved. Prior to initial site plan approval, at a minimum, Planning's comments 1 — 11 shall be addressed in a resubmittal of the initial site plan. The applicant shall request the project be deferred to allow required revisions and ARB review of the revisions to take place prior to action on the plan. 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 A Christopher Perez From: Margaret Maliszewski Sent: Wednesday, May 04, 2016 5:37 PM To: Justin Shimp, P.E. Cc: Christopher Perez; Patricia Saternye Subject: ARB staff report for Better Living Attachments: 2016_05_16_agenda.pdf; ARB201600039 Better Living - Initial -STAFF REPORT 5-4-2016.pdf Justin, Attached is the ARB staff report for your Better Living initial site plan.This item is scheduled for the May 16, 2016 ARB meeting. We wanted you to have our recommendations to the ARB for your Site Review Committee meeting. If you have questions,feel free to contact me or Paty. Thanks. Margaret Margaret M. Maliszewski,Principal Planner i Albemarle County Department of Community Development 401 McIntire Road,Charlottesville,VA 22902 434-296-5832 x3276 I Christopher Perez From: Alexander Morrison <amorrison@serviceauthority.org> Sent: Monday, May 02, 2016 3:30 PM To: Christopher Perez Subject: SDP201600018: Better Living Berkmar- Initial Site Plan Chris, I have reviewed the above referenced application and have the following comments: • Construction submittal to the ACSA will be required at the final site plan stage. Submit 3 copies of the plan along with water and sewer data sheets to the ACSA,Attn: Michael Vieira, PE. • RWSA review and approval of the water connection is required. • 2 fire hydrants will be required to meet the fire code. Per Fire/ Rescue, one shall be placed in the large island in the parking lot and the second shall be placed on the address side of Building A. • During the construction review the ACSA will determine the what sections of the proposed sewer will be public. Alexander J. Morrison, P.E. Civil Engineer Albemarle County Service Authority 168 Spotnap Road Charlottesville,Virginia 22911 (0)434-977-4511 Ext. 116 (C) 434-981-5577 (F)434-979-0698 1 Christopher Perez From: Robbie Gilmer Sent: Tuesday, May 03, 2016 10:43 AM To: Christopher Perez Subject: Better Living Comments /t j Chris, Please find below my comments for SDP 2016-00018 Better Living Berkmar. I have also added them to CV. Based on plans dated 3/21/16. 1. Please add a note to the plans "Knox Box required, please contact Albemarle County Fire Marshal office for location" 2. Fire Flow test required before final approval. 3. Hydrant spacing shall be a maximum of 400' per travel way. Please add a hydrant to the larger island as you enter the loading&Storage area. 4. FDC shall be located on the address side of the structure. 5. FDC shall have a hydrant with 100' per travel way. This will require a second hydrant located on Berkmar at the entrance. 6. Structures over 30' in height require aerial truck access of 26' clear travel way. Please increase the travel way in the east parking lot to 26'.The travel lane to the north of the structure is already 26', but it shows a grade of 10%and our aerial trucks can only overcome 8%front to back. THANK YOU, ROBERT GILMER, CFEI CAPT/ASSIST FIRE MARSHAL ALBEMARLE COUNTY FIRE RESCUE 460 STAGECOACH ROAD CHARLOTTESVILLE, VA. 22902 OFFICE 434-296-5833 CELL 434-531-6606 Christopher Perez From: Christopher Perez Sent: Friday, April 15, 2016 3:39 PM To: Justin Shimp Subject: Better Living Berkmar Justin, I called to speak to you about the Better Living Berkmar—initial site plan. You called at the very end of Tuesday, the County Office building was closed on Wed for the holiday, and Thursday I was slammed. I just called you and tried to leave a voicemail but its full and won't let me leave one. I hear you are planning on submitting a new version of the initial site plan for Better Living Berkmar. How to proceed: 1) Request withdrawal of SDP2016-18 Better Living Berkmar—initial site plan. 2) Submit the new site plan and all required Special Exceptions (SE) requests and the SE fee, and a new SDP # will be issued. The previously paid site plan review fee will be placed on the new SDP and this item will go on the next available SRC. 3) New abutting owner SRC letters will be sent out for this new SDP# 4) Because notices for SDP2016-18 were already mailed you will need to pay the notification fee twice (once for SDP2016-18 and once for the new SDP number). Hope this helps. Call me if you have any questions. Christopher P. Perez Senior Planner Department of Community Development 1County of Albemarle, Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext. 3443 /� �5 5' -d' 44;, 1, t1/1‘ LALk; _. / oesv\i" tdaeo,/ ex 5 t")rie0„et Lktc, 5.01‘41. _)////, Christopher Perez From: Faith McClintic Sent: Thursday, April 14, 2016 4:25 PM To: Ron Higgins; Susan M. Stimart; Christopher Perez Cc: Elaine Echols Subject: RE: Better Living Special Exceptions [IWOV-IWOVRIC.FID1473756] Thanks for the update, Ron. Please keep us posted on the County Attorney's decision. Faith Faith McClintic, Director Albemarle County Economic Development 401 McIntire Road,Suite 120 Charlottesville, VA 22902 (434)972-4016 ext 1 From: Ron Higgins Sent:Thursday, April 14, 2016 11:28 AM To:Susan M. Stimart<sstimart@albemarle.org>; Faith McClintic<fmcclintic@albemarle.org>; Christopher Perez <cperez@albemarle.org> Cc: Elaine Echols<EECHOLS@albemarle.org> Subject: FW: Better Living Special Exceptions [IWOV-IWOVRIC.FID1473756] Folks: Elaine asked that I make sure you all have this, too. From: Ron Higgins Sent:Thursday, April 14, 2016 9:28 AM To:Ashley Davies<adavies@williamsmullen.com> Subject: FW: Better Living Special Exceptions [IWOV-IWOVRIC.FID1473756] Ashley: I may have spoken too soon on the dual exceptions for parking setback AND buffer disturbance. We are still checking on whether this can be accomplished in a way that would allow permanent parking/paving/etc. in the buffer. Stay tuned, as I expect to meet early next week with folks in the County Attorney's office to flesh this out. Ron Higgins From: Ron Higgins [mailto:rhiggins©albemarle.orq] Sent: Thursday, April 07, 2016 3:12 PM To: Davies, Ashley Subject: RE: Better Living Special Exceptions [IWOV-IWOVRIC.FID1473756] Hello, Ashley: This is actually three separate special exceptions. 1. To increase the maximum front setback as required in 4.20; 1 %NY vise 2. To decrease the minimum parking setback of 20 feet required in 4.20, and; 3. To disturb the 20 foot buffer as required in 21.7 c. From: Davies,Ashley [mailto:adavies@williamsmullen.com] Sent:Thursday, April 07, 2016 2:46 PM To: Ron Higgins<rhiggins@albemarle.org> Subject: Better Living Special Exceptions [IWOV-IWOVRIC.FID1473756] Hi Ron, Nice to see you the other day! I am helping Valerie with the Better Living Site Plan and Special Exception requests. I was hoping you could help me understand whether we need 2 or 3 Special Exceptions. I know we will need the Special Exception to increase the maximum front setback of the building beyond the 30 foot maximum. For the side buffer area, I could not tell if we are covered by one Special Exception or not. It looks like we are requesting permission for construction activities within the buffer and also parking that is within the 20 feet buffer. Can you advise, please? Also, if you have any advice on what you'd like to be included, please let me know. Thanks, Ashley Ashley Davies Senior Land Use Planner Williams Mullen 321 East Main St. Suite 400 Charlottesville,VA 22902-3200 T 434.951.5725 F 434.817.0977 adavies(awilliamsmullen.com www.williamsmullen.com Follow us on LinkedIn,Facebook,Twitter and YouTube. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. 2 Christopher Perez From: Elaine Echols Sent: Tuesday, March 22, 2016 3:01 PM To: Frank Stoner; Kurt Wassenaar Cc: Susan M. Stimart; Gerald Gatobu; Christopher Perez Subject: RE: Submittal schedules Hi Frank, We are checking with VDOT on this issue. Depending on the context for a question about a connecting road and who was being asked the question, there may be different perspectives at VDOT. David Benish has not heard that VDOT has said, "no" to this. If Mr. Nunley could provide the name of the person he talked to and when he talked to them, it would help. Several years back I remember VDOT saying they didn't support a public road connection at this location because of the problems with existing driveways along Route 29. However, as a private street, they didn't have an objection if some of the existing curb cuts could be closed and the existing driveways could be redesigned to meet VDOT entrance requirements. We received a site plan late yesterday for Better Living and haven't had a chance to look at it yet. We may have more information to share, once we have looked at the submittal. As soon as Gerald is able to get info from VDOT, we'll be back in touch.Thanks for staying in touch. Elaine From: Frank Stoner [mailto:fstoner@milestonepartners.co] Sent:Tuesday, March 22, 2016 2:46 PM To: Elaine Echols<EECHOLS@albemarle.org>; Kurt Wassenaar<kurt.wassenaar@gmail.com> Cc: Susan M. Stimart<sstimart@albemarle.org>; Gerald Gatobu<ggatobu@albemarle.org> Subject: Re: Submittal schedules Elaine, Susan and Gerald, John Nunley contacted me yesterday and indicated that they are moving forward with a by right siteplan for his property that does not include an join entry along the boundary of this property and ours or a future connection to 29. According to John, he had a meeting with VDOT and claims that they don't want the connection to 29. If all this is true,we're not going to get a connection to 29 without someone condemning a portion of John's property. For us, I don't think its going to make sense to provide an entrance at the northern boundary if John's not willing to participate and help preserve the possibility of connecting to 29 at some future date. Please advise. Thanks, Frank From: Elaine Echols<eechols@albemarle.org> Date: Monday, March 21, 2016 at 4:14 PM To: Kurt Wassenaar<kurt.wassenaar@gmail.com> Cc:Susan Stimart<sstimart@albemarle.org>, Frank Stoner<fstoner@milestonepartners.co>, Gerald Gatobu <ggatobu@albemarle.org> Subject: RE: Submittal schedules Hi Kurt, We provided the attached information to the adjoining property owner to the north, regarding the interconnection from Rt. 29 to Berkmar and the Berkmar Dr. Gerald Gatobu is double checking with VDOT to make sure that what we believe about the intersection with Rt. 29 is correct and to look into what they would require/allow for the interconnection. Thanks for your patience. Elaine From: Kurt Wassenaar [mailto:kurt.wassenaar@gmail.com] Sent: Friday, March 11, 2016 7:40 PM To:fstoner@milestonepartners.co; Wassenaar, Kurt<kurt.wassenaar@gmail.com> Cc: Elaine Echols<EECHOLS@albemarle.org>;Susan M. Stimart<sstimart@albemarle.org> Subject: Re: Submittal schedules Elaine, many thanks for your efforts on this. Much appreciated and I look forward to working with you. Kind Regards, Kurt On Mar 11, 2016, at 5:12 PM, Frank Stoner<fstoner@milestonepartners.co> wrote: Elaine, Thanks for meeting and for your feedback below. It's really helpful. Kurt and I will work on this early next week and let you know how we'd like to proceed. Have a great weekend. Frank From: Elaine Echols<eechols@albemarle.org> Date: Friday, March 11, 2016 at 5:02 PM To: Frank Stoner<fstoner@milestonepartners.co>, "kurt.wassenaar@gmail.com" <kurt.wassenaar@gmail.com> Cc:Susan Stimart<sstimart@albemarle.org> Subject:Submittal schedules Hello Frank and Kurt, It was nice to talk to you yesterday.You asked us to get back with you concerning potential schedules. Here is the schedule that we have published on-line: http://www.albemarle.org/upload/images/forms center/departments/Community Development/form s/schedules/Special Use Permit & Zoning Map Amendment Schedule.pdf There are many things that affect a decision date by the Board of Supervisors. Most of them relate to the speed with which requested changes can be made and an applicant meet a resubmittal date. We have a number of reviewers on each project and for each submittal. Initially,those reviewers include the Planner who is the review coordinator, a County engineer,VDOT,the Transportation Planner,ACSA, 2 RWSA, Zoning staff, Police and Fire Rescue. When proffers are provided, some of those same reviewers plus the County Attorney's office become involved. Quite frankly, getting the details of proffers stated correctly sometimes takes the longest amount of time. This is because the proffers are legal restrictions, voluntarily offered,that run with the land. In any case, a reasonable guess for a submittal made on March 21 could yield approval by the Board of Supervisors in October. Depending on the number of times corrections to written proffers are needed, this time could extend into November. While I must let you know that once the Planning Commission makes its recommendation, the Board has up to a year to act on a project, I do not believe they would ever chose to delay approval of a project that meets the goals of the Comprehensive Plan and, especially those for target industries. Frank, it is helpful that you did so much planning for Berkmar Business Park several years ago and that I was involved in that proposal. It should make resolution of issues occur much more quickly and easily. I will get back with you next week regarding additional information about the connector road and VDOT. We have let the owner of the adjacent property know that a joint driveway and reserving area for a future connection along your joint boundary could be advantageous for both projects. Thanks. Elaine Elaine K. Echols, FA/CP Acting Chief of Planning Albemarle County Community Development 401 McIntire Road Charlottesville, VA 22902 434-296-5823 x 3252 3