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HomeMy WebLinkAboutSUB201700099 Correspondence Preliminary Plat 2017-08-03 Christopher Perez From: Christopher Perez Sent: Thursday, August 03, 2017 1:37 PM To: 'Bedsaul, Willis C. (VDOT)'; Moore, Adam PE (VDOT) Cc: 'Mike Myers'; David Benish Subject: SUB201700099 West Glen - Preliminary Subdivision Plat Adam, SUB201700099 West Glen - Preliminary Subdivision Plat The above ref plan goes to SRC on 8-10-17. I plan to send my comments to the applicant by this Friday(8-4- 17) around 3pm before I leave for vacation. If you finish the comments after that please assure you send them directly to the applicant (Mike Myers) and CC David Benish &me to the email. Thanks Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext. 3443 1 Christopher Perez From: David Hannah Sent: Friday,July 14, 2017 2:24 PM To: Scott Clark Cc: Christopher Perez Subject: RE: Eaglets' landing: Nest could slow preservation developmentC-VILLE Weekly Scott, Thanks for copying me on the email,which made me aware of the Cville article. There are two things I'll mention. First. I'm coping Chris on this because he& I were just made aware of a possible new bald eagle nest in Crozet,totally separate from the Lickinghole Reservoir nest. Chris is reviewing a project(West Glen I believe)that could impact the nest, so we need to investigate. An email mentions"a bald eagle nest in the woods along Powell Creek, paralleling Orchard Drive". Here's a link to a GIS-web map with 2013 aerial of the area, http://Risweb.albemarle.orR/Map/Viewer.aspx?state=617601361368. I downloaded the DGIF Management Guidelines for protecting bald eagle nests. Note they are not regulations, and I'm pretty sure that following the guidelines is voluntary. Assuming this nest exists,we'd like to talk with DGIF on how this is normally handled. Second. I have seen the bald eagle nest on Lickinghole in several past years, but it's probably been 3 years since I last saw one. Location changed a little at one point,as the large pine tree holding the nest blew down. But I think the general location has always been near the southwestern shoreline. The nest site is actually one of the Natural Heritage Committee's Important Sites. I'm glad at least some of this land will be protected. At least it seems so in my quick reading of your email. Would like to learn more at some point in time. Totally unrelated, but interesting. I saw a small(7 nests)great blue heron rookery this morning,on land near Blenheim Vineyard. Pretty cool spot. I think you're on vacation the next couple of weeks—so enjoy! See you in August. David Hannah From:Scott Clark Sent: Friday,July 14, 2017 1:09 PM To: Hamilton Moses, III<hm@alerion.us> Cc:Andy Herrick<aherrick@albemarle.org> Subject: RE: Eaglets' landing: Nest could slow preservation developmentC-VILLE Weekly Thanks, Chip.This is in fact the older RPD that we expect to come to your for signature in the next month or two. It was halted several years ago, not by the discovery of this nest(which seems to have happened relatively recently), but by the crash of the housing market.The owner couldn't sell the lots,so he put the project on hold.To the best of my recall,this is the status of the project: • The preliminary plat(with the basic design of the RPD) has been approved by staff and the planning commission • The terms of the conservation easement for the preservation tract have been approved by the PRFA. Unlike most RPD easements,this one had to be negotiated,as the owner/applicant wanted to keep the existing dwelling as a downgraded, non-"dwelling unit"guest house *and* build a new house.The PRFA approved that, 1 provided that a historic barn was protected,and that the main house and guest house be build within a certain distance. • The final plat(establishing the final details of the subdivision) is current under review,after several years of delay on the applicant's part. • The conservation easement is also under review.Our focus has been on making sure that the text of the deed matches the PRFA's action of several years ago. • My understanding is that,once the final plat meets the subdivision ordinance requirements and Andy is satisfied with the content of the deed of easement,this RPD will be ready for approval. All that said,this is the first I've heard of the eagle nest, and it sounds like the nest didn't exist when the RPD was initially reviewed. It's not yet clear to me exactly how the nest affects the RPD approval. If,as the article states,the nest tree is on the adjacent RWSA property,then I would assume that all that's required on the RPD property is that they not disturb the federally-required buffer by cutting trees,etc.That federal restriction would apply whether or not there was an RPD or any other development process on the site. Also, I'm not aware of any conflict between the easement on the preservation tract and the federal buffer.Since both are restrictions on uses,and the easement doesn't require any uses to be located close to the basin,there shouldn't be any conflict or catch-22. I will look into this more,although I'm not sure how much time I'll have for it before my vacation. I may need to finish the research after I get back. My initial guess is that any federal protections will be stronger and more effective than anything the County or the PRFA could impose, and would apply even in the absence of any County-approved projects. --Scott From: Hamilton Moses, III [mailto:hm@alerion.us] Sent: Friday,July 14, 2017 12:47 PM To:Scott Clark<Sclark@albemarle.org> Subject: Eaglets' landing: Nest could slow preservation developmentC-VILLE Weekly Scott, This is the story saw. Not clear if it is an RPD already, or proposed. If old, it in another reason to to place a time limit on our approvals. C. http://www.c-ville.com/eaglets-landing-nest-slow-preservation-development/ Eaglets' landing: Nest could slow preservation development Lisa Provence 2 It a h 1 r 414 v y' Y V ' Ifr' k 7 . .• , ,. - 4 , ' t ., ' "0 t % ‘ :1'e tit' , 7" , , .0„, , res � � �.,r 1 .,—.. \ f4 .,44,.:iipr ik „:,,,,,i ::;! .., ...,4 % y ::4I' . a 1 r ., j . 40 s .�• y'a « 1 ., . , , it ',,,,14‘s.,.. '''‘.1 .'4*7 l''t '''!' *;'47 , '''1.111L°%4::s I 7:'71111:: .' ' , 1 4 6„%.!.."ittii,.; le. i.,44,,. Bald eagles have been nesting on Lickinghole Creek Basin for the past few years. Photo by Marshall Faitich When David Mitchell bought 120 acres 10 years ago off U.S. 250 in Crozet, he wanted to maintain much of its rural character and planned a subdivision with 13 clustered homes, with his own on a 6o-acre preservation tract on the banks of Lickinghole Creek Basin. But he wasn't the only one who found the spot appealing. A pair of bald eagles liked the location as well, and built a nest on the reservoir before Mitchell could break ground. Now his plans for Fair Hill are going to have to accommodate the formerly endangered birds and their two eaglets. Mitchell says the U.S. Fish and Wildlife Department contacted him about the nest and he will be meeting with that agency along with the Virginia Department of Game and Inland Fisheries. Because while bald eagles were removed from the Endangered Species Act in 2007, they're still protected under federal law, which prohibits disturbance of their nests during their mid-December to mid-June breeding season, according to Bryan Watts, director for the Center for Conservation Biology. 3 The center maintains a bald eagle nest locator, and tracks more than 1,000 pairs found in the tidal region of the Chesapeake. "The population size is much smaller in the Piedmont and mountains," says Watts. Since the 1970s, when the state had 20 pairs of bald eagles, Virginia now has a "robust" population of eagles that nest in residential neighborhoods, he says. An isolated pair in a rural area "would be more affected by development." Federal regulations require a 33o-foot buffer around a nest, and a secondary 66o-foot buffer. How that will affect Mitchell, whose land is in growth-area Crozet, has not yet been determined. When Mitchell first spoke to C-VILLE April 10, he said the tree with the nest would not be cut down and in fact was on land that belongs to Rivanna Water and Sewer Authority. He first saw an eagle about seven years ago, he says, and he believed the nest belonged to a single raptor— until he spotted an eaglet, "about the size of a chicken," April 20. Other birders have been aware of the nest. "When I was there in February an eagle was in it, and it appeared to have at least one chick," says Dan Bieker, PVCC adjunct natural sciences professor. He estimates the nest has been there at least three years and before that, there was a nest below one of the houses in a neighboring subdivision. "It was blown apart by a storm," he says. Mitchell's Fair Hill land is near the thick of Crozet development. It's beside Foxchase, Cory Farms is west of that and Western Ridge is on Lickinghole Creek's north side. Mitchell says he would have preferred that whoever notified authorities had called him directly "rather than ratting me out to the federal government." He has county approval for the project, and the 6o-acre tract he plans to live on will have a conservation easement. "We're ready to start pushing dirt in six to eight months," he says. He's frustrated about possible restrictions on the use of his land, for which he paid $3.8 million in 2006, according to county records, because "a bird put a nest on my property," and he says it could have a "potentially devastating" economic impact to him and his family. 4 "We will abide by the protections required," he says, but adds, "If the nest was on the property when I bought it, I wouldn't have bought it." Dr. Hamilton Moses, Ill Chairman The Alerion Institute Alerion Advisors, LLC Post Office Box 150 North Garden, Virginia, 22959 hm@alerion.us 434-984-2016 5 ftoe Christopher Perez From: David Hannah Sent: Tuesday,July 11, 2017 2:48 PM To: Christopher Perez Cc: Rachel Falkenstein Subject: RE: bald eagle nests along Powell Creek in the west glen area Chris, Thanks for making me aware of the eagle nest—I didn't know it existed. I know of 7 other nests in the county, but not this one. I'm not sure the best route, but yes let's talk in person, we can determine what to do. I'm thinking yes, definitely about involving DGIF. Thanks, David H From:Christopher Perez Sent:Tuesday,July 11, 2017 1:57 PM To: David Hannah<dhannah@albemarle.org> Cc: Rachel Falkenstein<rfalkenstein@albemarle.org> Subject: FW: bald eagle nests along Powell Creek in the west glen area David, West Glen—Bald Eagle Nest(see email below). Is this something you would get involved with? Or is it merely something I should make DGIF aware of and then send them a copy of the plans for review? Should the nests be depicted on the plat? Were you involved with the salamander crossing/tunnel? How'd you all lock that down?We can discuss in person or email. 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 From:Christopher Perez Sent:Tuesday,July 11, 2017 1:50 PM To: Matthew Wentland<mwentland@albemarle.org> Subject: FW: bald eagle nests along Powell Creek in the west glen area West Glen—Bald Eagle Nest(see email below). From: Rachel Falkenstein Sent:Wednesday,July 05, 2017 3:34 PM To: Christopher Perez<cperez@albemarle.org> Subject: FW: bald eagle nests along Powell Creek in the west glen area FYI for West Glen. 1 440 From: Mark Graham Sent:Wednesday, February 15, 2017 8:49 AM To:Greg Kamptner<GKamptne@albemarle.org>;John Blair<jblair@albemarle.org>; Frank Pohl <fpohl@albemarle.org>; Megan Yaniglos<myaniglos@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemarle.org>; Matthew Wentland<mwentland@albemarle.org>; Margaret Maliszewski <MMaliszewski@albemarle.org> Subject: FW: bald eagle nests along Powell Creek in the west glen area FYI, Just noting there is no subdivision plat or WPO application pending for West Glen, but there is a final site plan and VSMP application under review for The Vue, which includes the stream on the property next to West Glen and may include the area that Ann is describing. My understanding is that CDD has no authority to enforce game laws,but in the past,we have routinely assured DGIF knows of pending applications where a concern has been raised. P.S. With The Vue, there was a demo permit issued for the existing house on the property and it has now been demolished. Some neighbor consternation with this has been noted. Mark B Graham, P.E. Director of Community Development Albemarle County,Virginia From:Ann Mallek Sent:Tuesday, February 14, 2017 9:45 PM To: Mark Graham<mgraham@albemarle.org>; Greg Kamptner<GKamptne@albemarle.org>; Charlie Armstrong <CharlesA@southern-development.com> Subject: bald eagle nests along Powell Creek in the west glen area https://www.dgif.virginia.gov/wp-content/uploads/virginia-bald-eagle-guidelines-for-landowners.pdf All, I have just heard from neighbors that there is a bald eagle nest in the woods along Powell Creek, paralleling Orchard Drive. Please see the information in the link above. I have reached out to Larry Crickenberger for referral to the DGIF since I think our long time game warden has retired. There are state and federal requirements to not disturb nests or remove eagles from nests,or create disturbance which causes them to vacate. I expect these regulations to be carefully followed. Please understand that these birds are well known to the community. No interference with them is acceptable. Thank you. Ann 2 Sol of <C444i IA"L°:k% 1,0110 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 MEMORANDUM TO: MEMBERS,SITE REVIEW COMMITTEE: Adam Moore—VDOT(Charlottesville) Chuck Proctor- VDOT(Culpeper) Health Dept.—(Charlottesville) Alex Morrison—ACSA Tim Keller—At-Large PC Member Michael Dellinger—Inspections Elise Kiewra—GIS Dan Mahon—Parks&Rec. Robbie Gilmer —Fire&Rescue Frank Pohl—Engineering Margaret Maliszewski ARB Brian Walton—Thomas Jefferson Soil and Water Conservation District FROM: Albemarle County Department of Community Development—Division of Planning DATE: July 6,2017 RE: Site Review Committee Meeting—Thursday 10 a.m., Meeting Room#235,Second Floor,County Office Building Attached is the list of site plans and subdivisions to be reviewed based on the schedule below. This list may include electronic submittals which may be accessed by clicking on the link provided. Please review these plans and send your written comments to the applicable planner by the Monday preceding the Thursday meeting. The Review Schedule is: SITE REVIEW: August 10,2017 If you are unable to attend the meeting,please submit your comments so they will be available at the meeting. Cc: Architectural Review Board Mary Hughes Krystal Brinkley Melissa Spangler Jennifer Whitaker United States Postal Service Melvin Kosler Sandy VonThelen Sprint-Manager of Engineering Scott B.Peyton Ronnie Rutherford E-mail copy: Board of Supervisors Planning Commission Joe Letteri Dan Mahon David Benish Donna Shaunesey Claudette Borgersen Jack McClelland Jeff Werner Steve Watson Steve Blaine Melissa Wiley Mike Heckman Ron Higgins Sabrina Stanwood Steve Allshouse William D.Fritz Doug Walker 410 41110 PROJECT LEAD REVIEWER: Christopher Perez PROJECT: SUB201700099 -West Glen Subdivision MAGISTERIAL DISTRICT: White Hall TAX MAP/PARCEL:055C00300000A0,055C00300000A1,056A1010002500,and 056A10100026A0 LOCATION:Vacant property southwest of Cling Lane and northeast of Peach Tree Drive and Orchard Drive. PROPOSAL: Request for preliminary plat approval to create 69 lots on 19.47 acres,at a density of 3.54 dwelling units per acre in conformity with SP201600003. ZONING:R-6 Residential—6 units/acre OVERLAY DISTRICT:Managed Slopes&Flood Hazard Overlay ENTRANCE CORRIDOR:No PROFFERS:No COMPREHENSIVE PLAN:Neighborhood Density Residential—3-6 units/acre,supporting uses such as religious institutions,schools and other small-scale non-residential uses;Greenspace—public parks,open space,environmental features PROJECT LEAD REVIEWER: Cameron Langille PROJECT: SUB201700097 -Moyer,Joanne L G Family Trust-Preliminary MAGISTERIAL DISTRICT: White Hall TAX MAP/PARCEL: 05600-00-00-01300 LOCATION:Adjacent to Old Trail subdivision and Brook View Road PROPOSAL: Proposal for a cluster development of 35 single family detached units at a proposed density of 1.29 du/acre and 14.81 acres of open space. ZONING:R2 Residential(3.0 du/acre with bonus density) OVERLAY DISTRICT:FH-Flood Hazard,EC-Entrance Corridor,Managed and Preserved Steep Slopes ENTRANCE CORRIDOR: Yes PROFFERS:No COMPREHENSIVE PLAN:Neighborhood Density Residential—3-6 units/acre;supporting uses such as religious institutions,schools and other small-scale non-residential uses;and Greenspace in the Crozet Master Plan.