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HomeMy WebLinkAboutSUB201600146 Correspondence 2016-10-06 • Patricia Saternye From: Gwen Lacy <gwenlacy@earthlink.net> Sent: Thursday, October 06, 2016 8:12 AM To: Patricia Saternye Subject: Re: SUB201600146 Mark Begiebing - BLA Good morning Paty, Have you had a chance to review the small addition to the Begiebing plat. They are going out of town and would like to get this finalized. Thanks and have a good day. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Patricia Saternye Sent: Monday, September 26, 2016 4:42 PM To: Gwen Lacy Subject: RE: SUB201600146 Mark Begiebing - BLA Thanks O Paty Saternye Senior Planner Community Development 6'u . t , t '#. *s Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Gwen Lacy (mailto:gwenlacy@earthlink.net] Sent: Monday,September 26,2016 2:01 PM To: Patricia Saternye<psaternye@albemarle.org>; Roger W. Ray&Assoc., Inc.<rwrinc@earthlink.net> Cc: mark.r.begiebing.ablo@statefarm.com;whallbing@gmail.com Subject: Re: SUB201600146 Mark Begiebing- BLA 1 Good afternoon Paty, Please find attached a pdf copy of the revised plat. The plat has been revised to reflect your comments (items 1 & 2), dated September 9, 2016. The easement across this property (Parcel 24) created in D.B. 4600-94 was created for Parcel 9. Other easements were created in this deed that are not on Parcel 24. Once you have had a chance to review the revised plat, please let us know if it is ready for owners notarized signature. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax , From: Patricia Saternye Sent: Friday, September 23, 2016 11:40 AM To: Gwen Lacy ; Roger W. Ray&Assoc., Inc. Cc: mark.r.begiebing.ablo@statefarm.com ; whallbing@gmail.com Subject: RE: SUB201600146 Mark Begiebing - BLA Gwen, The County Attorney's office weighed in on what was mentioned in comment#3 for SUB201600146 Mark Begiebing- BLA yesterday. They have no issues with the proposed boundary line adjustment. So you have only the two remaining comments to address. I look forward to the resubmission. Thank you, Paty Saternye Senior Planner Community Development o, f�. vCl� . Albemarle County 401 McIntire Road Charlottesville, VA 22902 t 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 2 • fir+' From: Patricia Saternye Sent: Friday, September 09, 2016 10:24 AM To:Gwen Lacy<gwenlacy@earthlink.net> Subject:SUB201600146 Mark Begiebing- BLA Gwen, Attached please find the comments for SUB201600146 Mark Begiebing— BLA. Please let me know if you have any questions. Thanks, Paty Saternye Senior Planner Community Development Qi u Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 3 ,••• • • • ,•••• • • •t„ • • • • • • *1001 Patricia Saternye From: Scott Clark Sent: Friday, September 23, 2016 9:28 AM To: John Blair Cc: Patricia Saternye; Rachel Falkenstein Subject: New Determinations on Boundary-line Adjustments in AFDs John— First off, my apologies for missing the discussion on AFDs at the legal-team meeting yesterday—I had a conflicting appointment. I was wondering if it might be possible for your office to issue an explanatory memo or table that explains in what cases BLAS are or are not permitted in AFDs. It'd be very helpful for us in Planning, since the interpretation seems a bit complex(lots of"what if's"). It would also be good to have something to show applicants, since some of them have different expectation from past approvals under a different interpretation. Let me know what you think. If there's anything I can do to help, please let me know. Thanks --Scott Scott Clark Senior Planner-Rural Areas Albemarle County Community Development Dept. Charlottesville VA 434-296-5832 ext.3249 1 t i i Patricia Saternye From: Patricia Saternye Sent: Wednesday, September 21, 2016 1:44 PM To: Rachel Falkenstein Subject: RE: County Attorney and BLAs in Ag/For Rachel, I had forgotten that I have a meeting with an applicant (Better Living—ARB review) tomorrow at 2PM, during the legal meeting. Should I just give you a copy of my plat's,just in case they are needed in the meeting for discussion? Thanks, Paty Saternye Senior Planner Community Development k •ai*r*. Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Rachel Falkenstein Sent:Tuesday,September 20, 2016 4:25 PM To: Patricia Saternye<psaternye@albemarle.org>;Scott Clark<Sclark@albemarle.org> Subject: RE: County Attorney and BLAs in Ag/For Francis is pretty much a regular at legal. I don't think we need to loop Mark in at this point. But I will let him know what the outcome is after legal so he is in the loop. From: Patricia Saternye Sent:Tuesday,September 20, 2016 4:21 PM To: Rachel Falkenstein<rfalkenstein@albemarle.org>; Scott Clark<Sclark@albemarle.org> Subject: RE:County Attorney and BLAs in Ag/For Thanks Rachel O. Since David mention other being there for the discussion will you be broaching that with them? I think he mentioned Francis and himself. With Mark being already involved should he be part of that or not? I asked that in the distribution meeting but no one really responded. I just don't know what would be normal under these circumstances and if his brief involvement already would change that or not. 1 Paty Saternye Senior Planner Community Development Ot � t 1444:6S Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Rachel Falkenstein Sent:Tuesday,September 20, 2016 4:17 PM To: Patricia Saternye<psaternye@albemarle.org>; Scott Clark<Sclark@albemarle.org> Subject: RE:County Attorney and BLAs in Ag/For FYI—I added this to legal on Thursday. Greg won't be there but hopefully we can get some clarification from Andy and John.The action letter for my BLA is due by Monday. From: Patricia Saternye Sent:Tuesday,September 20, 2016 9:37 AM To:Scott Clark<Sclark@albemarle.org>; Rachel Falkenstein<rfalkenstein@albemarle.org> Cc: Rachel Falkenstein<rfalkenstein@albemarle.org> Subject: RE:County Attorney and BLAs in Ag/For Scott, No I have not gotten an initial response on SUB2016-143 Begiebing—BLA. That however was not given to the County Attorney's office until 9/2/16 (18 days ago). Thanks, Paty Saternye Senior Planner Community Development Z.' .ay�Rtt?r'P Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Scott Clark Sent:Tuesday,September 20, 2016 8:54 AM 2 • To: Patricia Saternye<psaternye@almarle.org>; Rachel Falkenstein <rfalkenste@albemarle.org> Subject: RE: County Attorney and BLAs in Ag/For Paty—IIRC,the Dunn application is the one where we asked for a clarification. Have you gotten any response at all on the Begiebing application? I can't remember. From: Patricia Saternye Sent:Tuesday, September 20, 2016 8:50 AM To: Rachel Falkenstein <rfalkenstein@albemarle.org> Cc:Scott Clark<Sclark@albemarle.org> Subject:County Attorney and BLAs in Ag/For Rachel, I just double checked. Although I got 4 items back from the County Attorney's office yesterday none of them were BLAs in an Ag/For District. So I still have two outstanding items with the County Attorney's office associated with the issues. They are: • SUB2016-137 Dunn— BLA (this is the 2 acre one that started it all) • SUB2016-143 Begiebing—BLA (This one would result in a lot over 21 acres inside the Ag/For and I think a 5 acre lot outside, but it also creates a lot that is'/2 in and1/2 outside the Ag/For District. With the other BLA issues in the Ag/For we sent this to them to make sure something hadn't changed with this circumstance as well.) Thanks, Paty Saternye Senior Planner Community Development 47 G70. Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 3 Yy • sft/ rrrl Patricia Saternye From: Scott Clark Sent: Monday, September 12, 2016 4:04 PM To: Mark Graham Cc: Patricia Saternye; Rachel Falkenstein Subject: FW: SUB201600125 &SUB201600137 Attachments: RE: BLAs in AFDs Mark— Just to catch you up to date on the BLA issue that Brian Ray raised in his message below: We have a few BLA plats under review(by Paty and Rachel)on properties that are in AFDs.While we thought that BLAs were permitted in AFDs,one of Paty's projects was sufficiently odd (re-arranging to create a 2-acre lot)that we wanted to double-check with the County Attorney's office. Greg's response was to re-send us a 2015 message whose content I had apparently forgotten. In short, it says that BLAs that create under-21-acre lots are not permitted in the AFDs. IOW, these BLAs that we have under review would not be permitted—a change from our older practice. Back on 9/1, I responded to Greg's e-mail with a question (see attachment) about when exactly this restriction applies; we're still waiting for a response. I understand that Brian and his clients are frustrated with the wait. However,given that the only answer we have to give them right now(based on the CAO interpretation) is a denial, it might be in their best interest to wait until their reviewing planners have a complete, confirmed answer on the issue. Let me know if you need anything for your response on this. --Scott From: Roger . Ray&Assoc., Inc. [mailto:rwrinc@eart nk.net] Sent: Monday, eptember 12, 2016 2:56 PM To: Mark Graham mgraham@albemarle.org> Cc:Scott Clark<Scla • albemarle.org>; Patrici. aternye<psaternye@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemar - .rg> Subject:SUB201600125 & ► 201600137 Mark, I hope you are doing well. I'm writing you regarding the Bo dary Line 'djustment plats referenced in the subject line. Rachel and Paty are waiting for esponses from 4e county attorney's office regarding these boundary line adjustment plats that involve Ag-forestal ,arcels. SUB201600125 was submit -d on June 14, 2016 and S 201600137 was submitted on July 5, 2016. We've gotten comments f's m the planners saying that th- are unsure whether these adjustments are allowed since they involve the Ag-fores ial parcels. We've been waiting for weeks for the county attorney's response. 1 i Patricia Saternye From: Scott Clark Sent: Monday, September 12, 2016 4:04 PM To: Mark Graham Cc: Patricia Saternye; Rachel Falkenstein Subject: FW: SUB201600125 &SUB201600137 Attachments: RE: BLAs in AFDs Mark— Just to catch you up to date on the BLA issue that Brian Ray raised in his message below: We have a few BLA plats under review(by Paty and Rachel)on properties that are in AFDs.While we thought that BLAS were permitted in AFDs,one of Paty's projects was sufficiently odd (re-arranging to create a 2-acre lot)that we wanted to double-check with the County Attorney's office. Greg's response was to re-send us a 2015 message whose content I had apparently forgotten. In short, it says that BLAs that create under-21-acre lots are not permitted in the AFDs. IOW, these BLAs that we have under review would not be permitted—a change from our older practice. Back on 9/1, I responded to Greg's e-mail with a question (see attachment)about when exactly this restriction applies; we're still waiting for a response. I understand that Brian and his clients are frustrated with the wait. However,given that the only answer we have to give them right now(based on the CAO interpretation) is a denial, it might be in their best interest to wait until their reviewing planners have a complete,confirmed answer on the issue. Let me know if you need anything for your response on this. --Scott From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,September 12, 2016 2:56 PM To: Mark Graham<mgraham@albemarle.org> Cc:Scott Clark<Sclark@albemarle.org>; Patricia Saternye<psaternye@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemarle.org> Subject:SUB201600125 &SUB201600137 Mark, I hope you are doing well. I'm writing you regarding the Boundary Line Adjustment plats referenced in the subject line. Rachel and Paty are waiting for responses from the county attorney's office regarding these boundary line adjustment plats that involve Ag-forestal parcels. SUB201600125 was submitted on June 14, 2016 and SUB201600137 was submitted on July 5, 2016. We've gotten comments from the planners saying that they are unsure whether these adjustments are allowed since they involve the Ag-forestal parcels. We've been waiting for weeks for the county attorney's response. 1 i t Sao Patricia Saternye From: Roger W. Ray&Assoc., Inc. <rwrinc@earthlink.net> Sent: Tuesday, September 13, 2016 1:35 PM To: Mark Graham Cc: Scott Clark; Patricia Saternye; Rachel Falkenstein Subject: RE: SUB201600125 &SUB201600137 Hi Mark, Thanks for the quick response on this. Please let me know if we can help with any of the discussions. Thank you, Brian Ray, L.S. Roger W. Ray&Assoc., Inc. 663 Berkmar Court Charlottesville,Virginia 22901 434-293-3195 tel. 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com From: Mark Graham [mailto:mgraham@albemarle.org] Sent: Tuesday, September 13, 2016 9:38 AM To: Roger W. Ray&Assoc., Inc. Cc: Scott Clark; Patricia Saternye; Rachel Falkenstein Subject: RE: SUB201600125 &SUB201600137 Hi Brian, I just met with Scott, Paty, and Rachel on this. While I appreciate you sharing the 2009 memo, it appears the County Attorney has provided more recent advice and we need to clarify intent before acting. I am pushing to get this done as quickly as possible, but I anticipate it being early next week before we have that clarification. Thanks, Mark From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday, September 12, 2016 2:56 PM To: Mark Graham<mgraham@albemarle.org> Cc:Scott Clark<Sclark@albemarle.org>; Patricia Saternye<psaternye@albemarle.org>; Rachel Falkenstein <rfalkenstein@albemarle.org> Subject:SUB201600125 &SUB201600137 Mark, I hope you are doing well. I'm writing you regarding the Boundary Line Adjustment plats referenced in the subject line. 1 Rachel and Paty are waiting for resporoes from the county attorney's office regarg these boundary line adjustment plats that involve Ag-forestal parcels. SUB201600125 was submitted on June 14,2016 and SUB201600137 was submitted on July 5, 2016. We've gotten comments from the planners saying that they are unsure whether these adjustments are allowed since they involve the Ag-forestal parcels. We've been waiting for weeks for the county attorney's response. I've attached Sec. 3-202,which discusses the effects of being in the AG-For district. I don't believe any of the items under 3-202a would be violated and further that 3-202-A-2a applies. Please remember that we are not creating any new parcels.These are boundary line adjustments. I know that we've done multiple boundary line adjustments that changed parcel lines, but did not affect the land being in the Ag-Forestal district. Please see the attached email from 2009 with Scott Clark for a very similar plat. I've also attached the approved and recorded plat for that project(SUB2010-02), recorded in Deed Book 3854-489. This is one example. Both of these projects are past the 60 day review time. Our clients are very anxious to move forward with these approvals. Could you take a look at these and help with their review? Also, please take a look at SUB2016-146 as it has the same comment, but has not been submitted as long. Please let me know if I can provide additional information or if a meeting in person would help with the discussion. Thank you, Brian Ray, L.S. Roger W. Ray&Assoc., Inc. 663 Berkmar Court Charlottesville,Virginia 22901 434-293-3195 tel. 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com 2 41.104 Patricia Saternye From: Patricia Saternye Sent: Monday, October 10, 2016 4:18 PM To: Gwen Lacy Subject: RE: SUB201600146 Mark Begiebing - BLA Gwen, SUB201600146 Mark Begiebing— BLA is signed and ready for pick up. Thanks, Paty Saternye Senior Planner Community Development - 7.44N, Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Gw-n Lacy [mailto:gwenlacy@earthlink.net] Sent:Thurs.. October 06, 2016 8:12 AM To: Patricia Sate ' e<psaternye@albemarle.o':> Subject: Re:SUB20 ••0146 Mark Begiebine - BLA Good morning Paty, Have you had a chance to -view the small addition to the Begiebing plat. They are going out of to a • would like to get this finalized. Thanks and have a goad day. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Patricia Saternye Sent: Monday, September 26, 2016 4:42 PM 1 too To: Gwen Lacy Subject: RE: SUB201600146 Mark Begiebing - BLA Thanks © Paty SaternYe Senior Planner Community'Development V Jr. t� y11.1;T t:At', l� Albemarle County 401 McIntire Road Charlottesville,VA 2 $02 434-296-5832 ext.3250 psaternye@albemarle.or: www.albemarle.org From: Gwen Lacy [mailto:gwe lacy . earthlink.net] Sent: Monday,September 26, 2+1. 2:01 PM To: Patricia Saternye<psaternye G'albemarle.org>; Roger W. Ray&Assoc., Inc.<rwrinc@earthlink.net> Cc: mark.r.begiebing.ablo@state .com; whallbing@gmail.com Subject: Re: SUB201600146 Mark Be:'ebing- BLA Good afternoon Paty, Please find attached a pdf copy of the -vised plat. The plat has been revised to reflect you omments (items 1 & 2), dated September 9, 2016. The easement across this property (Parce 4) created in D.B. 4600-94 was created for Parcel 9. Other easements were created in this deed at are not on Parcel 24. Once you have had a chance to review the re ised plat, please let us know if it is ready for owners notarized signature. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Patricia Saternye Sent: Friday, September 23, 2016 11:40 AM To: Gwen Lacy ; Roger W. Ray &Assoc., Inc. Cc: mark.r.begiebing.ablo©statefarm.com ; whallbing@ gmail.com Subject: RE: SUB201600146 Mark Begiebing - BLA 2 tiw+' Patricia Saternye From: Patricia Saternye Sent: Thursday, October 06, 2016 4:42 PM To: Gwen Lacy Subject: RE: SUB201600146 Mark Begiebing - BLA Gwen, Good afternoon O. You have sufficiently addressed the comments. The plat is ready for signatures. As usual please: 1. Submit two or more signed/sealed plats to the Community Development front desk to my attention. 2. There is then a last check of the plat and if all is well then they are signed by a County representative. The County will keep one signed original. 3. I will then call you to let you know once the rest of the signed originals are ready for your pick up. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Gwen, . - mailto:gwenlacy@eart nk.net] Sent:Thursday, Oct. •er 06, 2016 8:12 g To: Patricia Saternye<p ernye@alb: arle.org> Subject: Re: SUB201600146 ' •rk B:_iebing- BLA Good morning Paty, Have you had a chance • review the sm. addition to the Begiebing plat. They are going out of t• n and would like to et this finalized. Thanks and have a g•od day. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 1 (60 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Patricia Saternye Sent: Monday, September 26, 2016 4:42 P To: Gwen Lacy Subject: RE: SUB201600146 Mark Begieb' g - BLA Thanks O Paty Saternye Senior Planner Community Developm nt ,ko Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@'albemarle.org www.albemarle.org From:Gwen Lacy [mailto::wenl;c • earthlink. et] Sent: Monday,September 26,2.16 2:01 PM To: Patricia Saternye<•satern • albemarle.or:>; •oger W. Ray&Assoc., Inc.<rwrinc@earthlink.net> Cc: mark.r.begiebing.ablo@statjefarm.com;whallbin_,• :mail.com Subject: Re: SUB201600146 Mark Begiebing-BLA Good afternoon Paty, Please find attached a pdf copy of the revised plat. The plat has been revised to reflect your comments (i :ms 1 & 2), dated September 9, 2016. The easement across this roperty (Parcel 24) created D.B. 4600-94 was created for Parcel 9. Other easements were cre ed in this deed that are not o Parcel 24. Once you have had a chance to review the revised plat, please let us know if it is ready for owners notarized signature. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax 2 4li� lllll'`'`4 44111181,11 d�1 IRGIN1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax (434) 972-4126 Date: September 2, 2016 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project Name: SUB201600146 Mark Begiebing—BLA in Ag/For District Date Submitted: 7-25-16 Dear Mr. Kamptner: We have received a submission for SUB201600146 Mark Begiebing boundary line adjustment partially within the Sugar Hollow Ag/For District. Scott Clark thinks that this BLA would normally be allowed in the Ag/For Districts. However,with the recent confusion on what is and isn't allowed with BLAs in the Ag/For. District he asked that I forward this to you for review just in case there is an issue he is unaware of. They are proposing to combine two parcels. One parcel is currently in the district(TMP 27-24)and the other is not(TMP 27-24A). It is Scotts understanding that after the BLA, although the two parcels would be joined, only the portion that was originally in the district(TMP 27-24)would remain there. I have attached a copy of the plat for your reference. I am also attaching a GIS print. Please note that there is currently a house existing on each of the two parcels they are proposing to join. I will address this in one of my comments. At your earliest convenience,please review the attached plat. Should you have any questions or comments please feel free to contact me. Sincerely, /aty Sat2,461S, enior Planner County o Albemarle Department of Community Development fi 401 McIntire Road 2 Charlottesville,VA 22902 ►^, r� U - psaternye@albemarle.org I, ! r (434)296-5832,phone ex.3250 CC: Scott Clark