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HomeMy WebLinkAboutSUB201600137 Correspondence Family Division Plat 2017-03-10 A 1✓' Patricia Saternye From: Patricia Saternye Sent: Friday, March 10, 2017 4:15 PM To: John Mike Powell Subject: RE: SUB2016-137 Jacob Dunn - Family Division - Nelson Morris Mike, Thank you for the document. I will put it in our files. Paty Saternye Senior Planner Community Development ti} i jv Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:John Mike Powell [mailto:jpowell@earlyandpowell.com] Sent: Friday, March 10, 2017 1:23 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: Re:SUB2016-137 Jacob Dunn- Family Division- Nelson Morris Paty Today I delivered to your front desk a copy of the Deed of Gift to add Jacob Dunn to the title.Thanks for all your help. Mike Powell Sent from my iPhone On Mar 8, 2017, at 3:18 PM, Patricia Saternye<psaternye@albemarle.org>wrote: Mike, I have an answer for you in reference to what would be the process in order to include the spouse in the deed for SUB2016-137 Jacob Dunn - Family Division. First, the documents you previously sent are still valid and do not need to be updated. Those are the Affidavit of family relationship and the Declaration for the Family Division. Second, we needed a copy of the letter from the bank that stated the need to include the spouse, and of course you already forwarded that to me. 1 Third, we need a copy of recorded deed showing both the daughter and the daughter's husband being the owners of the property. This is now the only thing I need you to forward to me. So, once you record the update deed scan and send me a copy. We need both of those documents (the bank letter and the updated deed) in our files so that if there is ever any question in the future as to why the spouse was allowed to be co-owner we will have all information we need to support the decision that was made. Please let me know if you have any other questions. Thank you for your patience. Paty Saternye Senior Planner Community Development <image001.gif> Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:John Mike Powell [mailto:ipowell@earlyandpowell.com] Sent: Friday, February 24,2017 2:36 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE: Family Division Nelson Morris Paty, As I expected, my client Brittany Dunn and her husband Jacob Dunn have now applied for a construction loan on the 2 acre tract and have a letter( attached)from the lender indicating that both Jacob and Brittany would have to hold title to this tract to obtain the loan. Please help me by letting me know who I should write to or contact to get approval to add Jacob to the title by Deed of Gift so that they can get loan and apply for the building permit. Thank you. Mike Powell From: Patricia Saternye [mailto:psaternye@albemarle.orq] Sent: Thursday, December 22, 2016 11:54 AM To: John Mike Powell Cc: nelson10357@ahotmail.com Subject: RE: Family Division Nelson Morris Mr. Powell, I got an answer quicker than I expected from the County Attorney's office in reference to your question on the wording of a Deed of Gift when it is for a "Family Division". The answer is that only the family member can be on the deed of gift and you cannot put a spouse on it unless you have a letter from a bank or lending institution mandating that the spouse be added to the deed of gift in order to receive financing. 2 Sid Have a happy and safe hoPiday season. Thanks, Paty Saternye Senior Planner Community Development <image001.gif> Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:John Mike Powell [mailto:jpowell@earlyandpowell.com] Sent: Monday, December 19, 2016 6:31 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: nelson10357@hotmail.com Subject: RE: Family Division Nelson Morris Patty, no need to forward the question to the County Attorney at this time. If a lender requires that both Nelson's daughter and son-in-law own the property to approve a loan, I will prepare another deed at that time and get the county attorney to concur then. My understanding is that they want to proceed to plat approval and recording the deed as soon as they can. Please let me know when you can give Nelson the approved plat. Mike Powell From: Patricia Saternye [mailto:psaternye@albemarle.orq] Sent: Monday, December 19, 2016 1:28 PM To: John Mike Powell Cc: gwenlacy@earthlink.net; nelson10357@hotmail.com Subject: RE: Family Division Nelson Morris Mr. Powell, As specified in an email on Friday, I cannot tell you if the spouse can be added or not. As you pointed out the wording of the documents has that caveat and I do not know how that can be applied. I can put a request for information into the County Attorney's office but, as mentioned in that email, that can take a few weeks even when it isn't the holiday season. Do you wish me to forward your question to the County Attorney's office even though you might not have an answer for a few weeks? Since I understood them to want to get this process finalized I didn't think they would want to take the time to get that answer. Getting the answer from the County Attorney's office however would not delay the approval of the plat, since the deed of gift is not something that we need to review for a family plat. So just let me know if despite the delay in a response you want me to forward the question to the County Attorney's office. 3 (11110 1111110 Thanks, Paty Saternye Senior Planner Community Development <image001.gif> Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:John Mike Powell [mailto:ipowell@earlyandpowell.com] Sent: Monday, December 19, 2016 10:57 AM To: Patricia Saternye<psaternye@albemarle.org> Cc:gwenlacy@earthlink.net; nelson10357@hotmail.com Subject: Family Division Nelson Morris Paty, Attached are the Declaration and Affidavit that Nelson Morris signed. If these documents are approved, please let Mr. Morris know. I had prepared the Deed of Gift for him to record once the Family division plat is approved and signed. Please let me know if any changes are needed. Also, let me know if there is any reason we cannot put his daughter's husbands name on the deed of gift at this time. Mike Powell 4 1✓ Patricia Saternye From: Patricia Saternye Sent: Tuesday, March 07, 2017 1:32 PM To: John Blair Subject: SUB2016-137 Dunn Family Division - Adding husband John, Could we maybe schedule a meeting to briefly chat about SUB2016-137 Dunn Family Division -Adding husband. I thought a face to face to just get a bit of clarification on what you sent last Friday would be helpful and would probably be fast. I should be available between 4-5PM today (Tuesday) and my schedule is also flexible tomorrow (Wednesday) afternoon. Do you have any availability either of those times? 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 1 %or' Patricia Saternye From: Patricia Saternye Sent: Friday, March 03, 2017 9:23 AM To: John Blair Subject: RE: SUB201600137 Family Division Nelson Morris Attachments: Dunn.pdf John, Have you had a chance to go over this yet? Eric confirmed by emailed that you also received the hard copy of the info/question. If you have some idea of when you might be able to have an answer then I could let the applicant know when to expect something. Thanks, Paty Saternye Senior Planner Community Development rr�- Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday, February 27, 2017 8:41 AM To:John Blair<jblair@albemarle.org> Subject: FW:SUB201600137 Family Division Nelson Morris John, I have a family division we worked on late last fall (SUB201600137 Jacob Dunn). At that time we told them that they could not have a non-family member on the Deed, unless the bank mandated that they include the spouse on the deed. They have now gotten a letter from the bank, which they sent me this last Friday. Please see attached and their email below. I think that they have already recorded the deed. However, I am not certain of that. Therefore, could you tell me if there is any process with the County Attorney's office for them revising the Deed for the Family Division to include the spouse? Or since we have previously approved the plat and the deed do they just move forward with the change to the deed without involving the County at all? I chatted with Megan and she has not had something like this happen before and therefore did not know how it should be handled. 1 totit Thanks, Paty Saternye Senior Planner Community Development Y� k.\f Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:John Mike Powell [mailto:ipowell@earlyandpowell.com] Sent: Friday, February 24, 2017 2:36 PM To: Patricia Saternye<psaternyePalbemarle.org> Subject: RE: Family Division Nelson Morris Paty, As I expected, my client Brittany Dunn and her husband Jacob Dunn have now applied for a construction loan on the 2 acre tract and have a letter( attached)from the lender indicating that both Jacob and Brittany would have to hold title to this tract to obtain the loan. Please help me by letting me know who I should write to or contact to get approval to add Jacob to the title by Deed of Gift so that they can get loan and apply for the building permit. Thank you. Mike Powell From: Patricia Saternye [mailto:psaternyeOalbemarle.orq] Sent: Thursday, December 22, 2016 11:54 AM To: John Mike Powell Cc: nelson103570hotmail.com Subject: RE: Family Division Nelson Morris Mr. Powell, I got an answer quicker than I expected from the County Attorney's office in reference to your question on the wording of a Deed of Gift when it is for a "Family Division". The answer is that only the family member can be on the deed of gift and you cannot put a spouse on it unless you have a letter from a bank or lending institution mandating that the spouse be added to the deed of gift in order to receive financing. Have a happy and safe holiday season. Thanks, Paty Saternye Senior Planner Community Development 2 r `y� Wool Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:John Mike Powell [mailto:ipowell@earlvandpowell.com] Sent: Monday, December 19, 2016 6:31 PM To: Patricia Saternye<psaternve@albemarle.org> Cc: nelson10357@yhotmail.com Subject: RE: Family Division Nelson Morris Patty, no need to forward the question to the County Attorney at this time. If a lender requires that both Nelson's daughter and son-in-law own the property to approve a loan, I will prepare another deed at that time and get the county attorney to concur then. My understanding is that they want to proceed to plat approval and recording the deed as soon as they can. Please let me know when you can give Nelson the approved plat. Mike Powell From: Patricia Saternye [mailto:psaternye@albemarle.org] Sent: Monday, December 19, 2016 1:28 PM To: John Mike Powell Cc: gwenlacy@earthlink.net; nelson10357@hotmail.com Subject: RE: Family Division Nelson Morris Mr. Powell, As specified in an email on Friday, I cannot tell you if the spouse can be added or not. As you pointed out the wording of the documents has that caveat and I do not know how that can be applied. I can put a request for information into the County Attorney's office but, as mentioned in that email, that can take a few weeks even when it isn't the holiday season. Do you wish me to forward your question to the County Attorney's office even though you might not have an answer for a few weeks? Since I understood them to want to get this process finalized I didn't think they would want to take the time to get that answer. Getting the answer from the County Attorney's office however would not delay the approval of the plat, since the deed of gift is not something that we need to review for a family plat. So just let me know if despite the delay in a response you want me to forward the question to the County Attorney's office. Thanks, Paty Saternye Senior Planner Community Development 3 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:John Mike Powell [mailto:jpowell@earlyandpowell.com] Sent: Monday, December 19, 2016 10:57 AM To: Patricia Saternye<psaternye@albemarle.org> Cc:gwenlacy@earthlink.net; nelson10357@hotmail.com Subject: Family Division Nelson Morris Paty, Attached are the Declaration and Affidavit that Nelson Morris signed. If these documents are approved, please let Mr. Morris know. I had prepared the Deed of Gift for him to record once the Family division plat is approved and signed. Please let me know if any changes are needed. Also, let me know if there is any reason we cannot put his daughter's husbands name on the deed of gift at this time. Mike Powell 4 Patricia Saternye From: John Mike Powell <jpowell@earlyandpowell.com> Sent: Friday, February 24, 2017 2:36 PM To: Patricia Saternye Subject: RE: Family Division Nelson Morris Attachments: Dunn.PDF Paty, As I expected, my client Brittany Dunn and her husband Jacob Dunn have now applied for a construction loan on the 2 acre tract and have a letter( attached) from the lender indicating that both Jacob and Brittany would have to hold title to this tract to obtain the loan. Please help me by letting me know who I should write to or contact to get approval to add Jacob to the title by Deed of Gift so that they can get loan and apply for the building permit. Thank you. Mike Powell From: Patricia Saternye [mailto:psaternye@albemarle.org] Sent: Thursday, December 22, 2016 11:54 AM To: John Mike Powell Cc: nelson10357@hotmail.com Subject: RE: Family Division Nelson Morris Mr. Powell, I got an answer quicker than I expected from the County Attorney's office in reference to your question on the wording of a Deed of Gift when it is for a "Family Division". The answer is that only the family member can be on the deed of gift and you cannot put a spouse on it unless you have a letter from a bank or lending institution mandating that the spouse be added to the deed of gift in order to receive financing. Have a happy and safe holiday season. Thanks, Paty Saternye Senior Planner Community Development Tim Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:John Mike Powell f mailto:ipowell@earlyandpowell.comj Sent: Monday, December 19, 2016 6:31 PM To: Patricia Saternye<psaternye@albemarle.org> 1 Cc: nelson10357@hotmail.com Subject: RE: Family Division Nelson Morris Patty, no need to forward the question to the County Attorney at this time. If a lender requires that both Nelson's daughter and son-in-law own the property to approve a loan, I will prepare another deed at that time and get the county attorney to concur then. My understanding is that they want to proceed to plat approval and recording the deed as soon as they can. Please let me know when you can give Nelson the approved plat. Mike Powell From: Patricia Saternye [mailto:psaternyeOalbemarle.orq] Sent: Monday, December 19, 2016 1:28 PM To: John Mike Powell Cc: gwenlacy©earthlink.net; nelson 10357C@hotmail.com Subject: RE: Family Division Nelson Morris Mr. Powell, As specified in an email on Friday, I cannot tell you if the spouse can be added or not. As you pointed out the wording of the documents has that caveat and I do not know how that can be applied. I can put a request for information into the County Attorney's office but, as mentioned in that email,that can take a few weeks even when it isn't the holiday season. Do you wish me to forward your question to the County Attorney's office even though you might not have an answer for a few weeks? Since I understood them to want to get this process finalized I didn't think they would want to take the time to get that answer. Getting the answer from the County Attorney's office however would not delay the approval of the plat, since the deed of gift is not something that we need to review for a family plat. So just let me know if despite the delay in a response you want me to forward the question to the County Attorney's office. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:John Mike Powell [mailto:Ipowell@earlvandpowell.com] Sent: Monday, December 19, 2016 10:57 AM To: Patricia Saternye<psaternve@albemarle.org> 2 Nitad Cc:gwenlacy@earthlink.net; nelson10357@hotmail.com Subject: Family Division Nelson Morris - Paty, Attached are the Declaration and Affidavit that Nelson Morris signed. If these documents are approved, please let Mr. Morris know. I had prepared the Deed of Gift for him to record once the Family division plat is approved and signed. Please let me know if any changes are needed. Also, let me know if there is any reason we cannot put his daughter's husbands name on the deed of gift at this time. Mike Powell 3 gun r *401101 ar a es : MAKING DREAMS RtiALDY! February 15, 2017 Jacob B. Dunn Brittany M. Dunn 1487 Simmons Gap Road Dyke, VA 22935 RE: 0 Markwood Road, Earlysville, VA 22936 Dear Mr.and Mrs.Dunn. Thank you for your application for a construction to permanent mortgage loan through Farm. Credit and Country Mortgages. Your construction loan has been pre-approved. One of the conditions of loan approval is the receipt and review of a title commitment policy showing title to the above-referenced property vested in the names of Brittany Dunn and Jacob Dunn. Please note,that to meet the legal requirements of our investor's loan program, all Borrowers must be on title to the subject real property. We appreciate your business with our Association and should you have any questions regarding your loan approval or the application process,please give me a call. Sincerely, / Kimberly Love Branch Manager NMLS#607333 +FARM CREDIT 1445 East Rio Road, Suite 103 • P.O. Box 7465 • Charlottesville, VA 22906 •Telephone: 434-977-6718 • fax: 434-977-6719 website: www.farmcreditofvirginias.com Inomm VIRGINIA LAND RECORD COVERtitridEET FORM A-COVER SHEET CONTENT Instrument Date: 3/10/2017 002814 Instrument Type: DG Number of Parcels: 1 Number of Pages: IMH ftIIMIIllIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllll III [ ] City ix County Doc ID: 033517420003 Type: DEE ALBEMARLE Recorded: 03/10/2017 at 12:53:08 PM Fee Amt: $23.00 Page 1 of 3 TAX EXEMPT? VIRGINIA FEDERAL LAW Albemarle County, VA Jon R. Zug Circuit Clerk [X] Grantor: §58.1 811(D) File# 2017-00002814 [X] Grantee: §58.1 811(D) BK 4 8 8 4 PG519-5 21 Consideration: $0.00 Existing Debt: $0.00 Actual Value/Assumed: _ $0.00 PRIOR INSTRUMENT UNDER§58.1-80304: Original Principal: $0.00 Fair Market Value Increase: $0.00 (Area Above Reserved For Deed Stamp Only) Original Book Number: Original Page Number: Original Instrument Number: .... ...__.. Prior Recording At:[ ]City[ ] County Percentage In This Jurisdiction: 100% BUSINESS/NAME 1 [ ]Grantor: DUNN, BRITTANY M. [ ]Grantor: 1 [ ]Grantee: DUNN, JACOB BROOKS 2 [ ]Grantee: DUNN, BRITTANY M. GRANTEE ADDRESS Name: JACOB BROOKS DUNN . ..._.. ........._ ..___......._......... Address: 1487 SIMMONS GAP ROAD City: DYKE State: VA Zip Code: 22936 Book Number: 4856 Page Number: 502 Instrument Number: Parcel Identification Number(PIN): 0080-00-00-044A0 Tax Map Number: 8.44A Short Property Description: MARKWOOD ROAD .................._....._........._.......... . ......._....-......___... .. . ._-__..._.........._........ LOT 4, 2.0 ACRES Current Property Address 6822 MARKWOOD ROAD City: EARLYSVILLEState: VA .__. .. ....��_., Zip Code: 22936 Instrument Prepared By: EARLY& POWELL Recording Paid By: EARLY& POWELL .. ....__..... Recording Returned To: EARLY&POWELL Address: 65 DEANE ROAD . ..-__..__...........-.. .--_--..---.... . .....-_...._..... _....-. .............._.......___... .. City: RUCKERSVILLE State: VA Zip Code: 22968 ii:i i:1 ii tell ; .. i III:, lit 1 lri it? 'lilt Irimilis 41 lc; � ����ti 6 �i illi' It � � i1 ' 1, iir AI Illi IL 1 FORM CC-1570 Rev: 7/15 Page 1 of 1 Cover Sheet A §§ 17.1-223, 17.1-227.1, 17.1-249 Copyright C 2014 Office of the Executive Secretary,Supreme Court of Virginia.All rights reserved. viammi d 00288 Prepared By:John M.Powell(VSB#15611) Early&Powell, P.O.Box 228, Ruckersville,VA 22968 Consideration: none Parcel ID# 0080-00-00-044A0. THIS DEED IS PREPARED WITHOUT THE BENEFIT OF A TITLE EXAMINATION THIS DEED OF GIFT, made and entered into this 10th day of March, 2017, by and between BRITTANY M. DUNN, Grantor, and JACOB BROOKS DUNN and BRITTANY M. DUNN, husband and wife Grantees, whose mailing address is: 1487 Simmons Gap Road, Dyke, VA 22935. WITNESSETH: That for and in consideration of the natural love and affection between the parties, and further in consideration of the premises, the said Grantor, does hereby GIVE, GRANT and CONVEY unto Jacob Brooks Dunn and Brittany M. Dunn, husband and wife, Grantees, as tenants by the entirety, with full rights of survivorship, as at common law and not as tenants in common, Grantees, all of their right, title and interest, in the following described real estate, together with all improvements thereon and all appurtenances thereunto belonging, to-wit: All that certain tract or parcel of land, with improvements thereon and situated in Albemarle County, Virginia, fronting and being on the Northwest side of State Route 664 (Markwood Road), designated as Lot A, containing 2.00 acres, more or less, and shown on a plat by Roger W. Ray & Assoc., Inc., entitled "FAMILY SUBDIVISION PLAT LOT A, CONTAINING 2.00 ACRES AND REVISED T.M. 8-44 THE PROPERTIES OF NELSON R. MORRIS & ALLISON M. MORRIS ALSO NEW 30' PRIVATE ACCESS EASEMENT LOCATED ON STATE ROUTE 664 (MARKWOOD ROAD) WHITE HALL MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA", dated June 29, 2016, last revised October 25, 2016, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4856, pages 502 through 508. TOGETHER WITH and SUBJECT TO the non-exclusive right away for ingress and egress shown on said plat as "NEW 30' PRIVATE ACCESS EASEMENT". AND BEING the same property conveyed to Brittany M. Dunn by Deed of Gift from Nelson R. Morris and Allison M Morris, husband and wife, dated December 16, 2016, recorded December 21, 2016, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4856, Page 502, and being a portion 1 ‘rivi ‘44•04 of the same property conveyed to Nelson R. Morris and Allison M Morris, husband and wife, by Deed of Gift from Dorothy C. Morris, dated October 4, 2013, and recorded in the aforesaid Clerk's Office in Deed Book 4421, Page 523, wherein Dorothy C. Morris did reserve a Life Estate. Dorothy C. Morris, also known as Dorothy M. Morris, died September 28, 2016, and the Life Estate she reserved for herself in the aforementioned Deed of Gift is now extinguished. This conveyance is made expressly subject to all restrictions, covenants and easements now of record on said property as the same may lawfully apply. This deed is exempt from recording taxes pursuant to Virginia Code §58.1-811(D), no consideration having passed between the Grantees and the Grantors. WITNESS the following signatures and seals. X201' , 3Wcw [SEAL] ittany •nn STATE OF VIRGINIA COUNTY OF GREENE, to-wit: I, Erin Esther Richards, a Notary Public in and for the State and County aforesaid, do hereby certify that Brittany M. Dunn, whose signature is signed to the foregoing Deed of Gift, have this day acknowledged the same before me in my State and County aforesaid. Given under my hand this 10th day of March, 2017. ' Notary Public My commission expires: /a• 31 • ap a p . Registration number: (A O 1 (9 ilo Pubk-11i8.f X101 '4 con comintmwm1114 of�-� vfrrgnis cearwr•e,ww+r>,c. ,arras RECORDED IN CLERICS OFFICE OF ALBEMARLE ON 08 MARCH 10,2017 at 1253PM AS REQUIRED BY VA oE§581-802 STATE:$0.00 L'/CACI�'Y$58 L: ALBEMARLE • N ; zu �n ' • , A a 2 Patricia Saternye From: Gwen Lacy <gwenlacy@earthlink.net> Sent: Tuesday, December 20, 2016 10:02 AM To: Patricia Saternye; Roger W. Ray&Associates Inc. Cc: nelson10357@hotmail.com;Greene Office;John Mike Powell Subject: Re: SUB2016000137 Jacob Dunn - Family Division Thank you Paty! We will pick them up. Merry Christmas! Mr. Nelson, I will let you know when the final copies are ready for you to pickup from our office and have recorded in the Clerk's Office with the documents that Mr. Powell prepared. Merry Christmas! 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: Tuesday, December 20, 2016 9:35 AM To: Gwen Lacy ; Roger W. Ray&Associates Inc. Cc: nelson10357@hotmail.com ; Greene Office ; John Mike Powell Subject: RE: SUB2016000137 Jacob Dunn - Family Division Gwen, SUB2016000137 Jacob Dunn - Family Division plat is signed/approved and awaiting pickup at your convenience. Have a wonderful holiday season! Thanks, Paty Saternye Senior Planner Community Development tcr Albemarle County 401 McIntire Road 1 1 Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Friday, December 09, 2016 9:12 AM To:Gwen Lacy<gwenlacy@earthlink.net>; Roger W. Ray&Associates Inc.<rwrinc@earthlink.net> Cc: nelson10357@hotmail.com; Greene Office<greene@earlyandpowell.com> Subject: RE:SUB2016000137 Jacob Dunn - Family Division Thank you Gwen. I will reach out to their lawyer and see if I can get some clarification. Thanks, Paty Saternye Senior Planner Community Development 41, 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: Friday, December 09, 2016 9:07 AM To: Patricia Saternye<psaternye@albemarle.org>; Roger W. Ray&Associates Inc. <rwrinc@earthlink.net> Cc: nelson10357@hotmail.com;Greene Office<greene@earlyandpowell.com> Subject: Re:SUB2016000137 Jacob Dunn- Family Division Paty, You are right. The Private Street Maintenance Agreement is not required for this division but is recommended. The email address for Mike Powell is greene@earlyandpowell.com I have copied the owner so that he will be in the loop. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court 2 Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Patricia Saternye Sent: Friday, December 09, 2016 8:46 AM To: Gwen Lacy ; Roger W. Ray&Associates Inc. Subject: RE: SUB2016000137 Jacob Dunn - Family Division Gwen, Thanks but I don't think I never got a Street Maintenance Agreement on this one because it has its own road frontage. There was no need for a road agreement. There were some other recent family divisions that may have incorporated the family restrictions in the Road Maintenance Agreement, but I can't put my finger on which one right now. If you know Mike Powell is the lawyer for the owners of SUB201600137 could you give me their contact information? Since this plat changed from a BLA to a Family Division this could have been overlooked,just like I did when I sent the recent comments after the change. Again I apologize for this inconvenience and delay, but this document is something I should have received with the resubmission when it was changed to a family division. 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 Lacy [mailto:gwenlacy@earthlink.net] Sent: Friday, December 09, 2016 8:28 AM To: Patricia Saternye<psaternye@albemarle.org>; Roger W. Ray&Associates Inc.<rwrinc@earthlink.net> Cc: nelson10357@hotmail.com Subject: Re: SUB2016000137 Jacob Dunn- Family Division Good morning Paty, I included the Family Verifications with the application. I believe the attorney prepared the Restrictive Covenant and the Private Street Maintenance Agreement. I am not sure if he completed the form or included the wording in the deed of conveyance. 3 • two 444 I did not receive a copy of those documents. I believe the attorney was Mike Powell. 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, December 09, 2016 8:11 AM To: Gwen Lacy ; Roger W. Ray&Associates Inc. Subject: RE: SUB2016000137 Jacob Dunn - Family Division Gwen, In going through the last check for the approval of SUB2016000137 Jacob Dunn - Family Division I realized that I have no record of having received the restrictive covenants (14-212 (B)) that are required for a family plat. Could you please send me the document for review? If you sent it previously I don't seem to have a record of it. I'm sorry that I did not catch that earlier, but it is required before approval. 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 Lacy[mailto:gwenlacy@earthlink.net] Sent:Thursday, December 08, 2016 9:05 AM To: Patricia Saternye<psaternye@albemarle.org> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject: Re: SUB2016000137 Jacob Dunn- Family Division 4 Nwri Thanks Paty, '"' Is the signed plat ready to pick up? 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: Thursday, December 08, 2016 8:42 AM To: Gwen Lacy Cc: Roger W. Ray&Associates Inc. ; nelson10357@hotmail.com Subject: RE: SUB2016000137 Jacob Dunn - Family Division Gwen, Attached please find the Tier 2 Groundwater Assessment for SUB201700137 Jacob Dunn— Family Division. Thanks, Paty Saternye Senior Planner Community Development 417 Ay Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday, December 05, 2016 12:00 PM To: Gwen Lacy<gwenlacy@earthlink.net> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject: RE:SUB2016000137 Jacob Dunn- Family Division Gwen, Thank you for the voicemail. I'm sorry, you are correct. I had copied and pasted and forgot to update the first line. SUB201600137 Jacob Dunn — Family Division is the plat I was emailing you about and it is ready for signatures. 5 41110 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: Patricia Saternye Sent: Monday, December 05, 2016 9:14 AM To:Gwen Lacy<gwenlacy@earthlink.net> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject:SUB2016000137 Jacob Dunn- Family Division Gwen, You have addressed all of the comments for SUB2016000137 Jacob Dunn - Family Division. So,the plat ready for signatures. 1. Please submit two or more signed/sealed plats to the Community Development front desk to my attention.The County will keep one signed original. 2. There is then a last check of the plat and if all is well then they are signed by a County representative. 3. I will then call you to let you know once the rest of the signed originals are ready for your pick up. I should be able to forward you the groundwater assessment before the end of the week. Thanks, Paty Saternye Senior Planner Community Development (CIV Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday,August 15,2016 10:05 AM 6 To:Gwen Lacy<gwenlacy@earthlink.nneet> Subject: RE: division sketch Great. Thanks 09 Paty Saternye Senior Planner Community Development r 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,August 15, 2016 9:09 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Re: division sketch No. I just forwarded Dennis Seale's email. They did not need to be attached. Thanks, 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, August 15, 2016 9:00 AM To: Gwen Lacy Subject: RE: division sketch Gwen, Thank you for the VDOT approval. FYI, the plat you attached does not seem to be the most recent version. There are no revision dates on them. Is there any reason why you attached that version? I received a resubmission on 8/8/16, that is waiting for my review, and each of the sheets in the 8/8/16 resubmission had a revision date of 8/8/16 on them. 7 (WO IWO Thanks, Paty Saternye Senior Planner Community Development vzta 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,August 15, 2016 7:47 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Fw:division sketch Good morning Paty, Please see below VDOT approval for the Dunn project. 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: Seale, Dennis L. (VDOT) Sent: Friday, August 12, 2016 4:07 PM To: Gwen Lacy Subject: FW: division sketch Good Afternoon Gwen, I have reviewed this new entrance location that will serve the revised and exiting parcels with a new 30' private access easement and find that this location meets VDOT sight distance requirements and is an approved location.This new location will require a VDOT Land Use Permit prior to starting construction. This permit can be obtained from me through the Charlottesville Residency Office. Please let me know if you have any questions or concerns. Thanks, Dennis Seale Engineering Specialist 8 VDOT Charlottesville Residency 434-531-2877 From: Gwen Lacy [mailto:gwenlacy@earthlink.net] Sent: Monday, August 08, 2016 10:44 AM To: Seale, Dennis L. (VDOT) Subject: Fw: division sketch Good morning Dennis, We have received comments on this project from Paty Saternye (PSaternye@albemarle.org) at the county. One of the comments was VDOT approval. When you get a chance, please review and send your approval. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Gwen Lacy Sent: Monday, July 11, 2016 11:51 AM To: Dennis L. Seale Subject: Fw: division sketch Hi Dennis, Please find attached pdf copies of the Boundary Line Adjustment Plat for Jacob Dunn, located on State Route 664 (Markwood Road). We submitted these to the county the end of last week. Thanks and have a good week. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax 9 r/ '`,111111/ Patricia Saternye From: John Mike Powell <jpowell@earlyandpowell.com> Sent: Monday, December 19, 2016 6:31 PM To: Patricia Saternye Cc: nelson10357@hotmail.com Subject: RE: Family Division Nelson Morris Patty, no need to forward the question to the County Attorney at this time. If a lender requires that both Nelson's daughter and son-in-law own the property to approve a loan, I will prepare another deed at that time and get the county attorney to concur then. My understanding is that they want to proceed to plat approval and recording the deed as soon as they can. Please let me know when you can give Nelson the approved plat. Mike Powell From: Patricia Saternye [mailto:psaternye@albemarle.org] Sent: Monday, December 19, 2016 1:28 PM To: John Mike Powell Cc: gwenlacy@earthlink.net; nelson10357@hotmail.com Subject: RE: Family Division Nelson Morris Mr. Powell, As specified in an email on Friday, I cannot tell you if the spouse can be added or not. As you pointed out the wording of the documents has that caveat and I do not know how that can be applied. I can put a request for information into the County Attorney's office but, as mentioned in that email, that can take a few weeks even when it isn't the holiday season. Do you wish me to forward your question to the County Attorney's office even though you might not have an answer for a few weeks? Since I understood them to want to get this process finalized I didn't think they would want to take the time to get that answer. Getting the answer from the County Attorney's office however would not delay the approval of the plat, since the deed of gift is not something that we need to review for a family plat. So just let me know if despite the delay in a response you want me to forward the question to the County Attorney's office. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 1 400 004 psaternve@albemarle.org www.albemarle.org From:John Mike Powell [mailto:Ipowell@earlvandpowell.com] Sent: Monday, December 19, 2016 10:57 AM To: Patricia Saternye<psaternve@albemarle.org> Cc:gwenlacy@earthlink.net; nelson10357@hotmail.com Subject: Family Division Nelson Morris Paty, Attached are the Declaration and Affidavit that Nelson Morris signed. If these documents are approved, please let Mr. Morris know. I had prepared the Deed of Gift for him to record once the Family division plat is approved and signed. Please let me know if any changes are needed. Also, let me know if there is any reason we cannot put his daughter's husbands name on the deed of gift at this time. Mike Powell 2 Patricia Saternye From: Patricia Saternye Sent: Friday, December 16, 2016 1:54 PM To: Greene Office Subject: RE: SUB2016000137 Jacob Dunn - Family Division Mr. Powell, I just wanted to get back to you in reference to your outstanding question. First, as the subdivision plat reviewer I do not review the actual subdivision deed. I review the affidavit, which I already have, and the declaration for being transferred only to a family member which you will be sending me. So I will not see the wording of the deed of gift or sale. I cannot tell you however, because of that extra wording about the exception for loans and refinancing, how the deed would or could be worded in reference to a spouse. If you want me to submit the question to the County Attorney's office for review I can do that. However, such a review is not usually a fast turnaround, especially with the holidays in the mix, and I think you are on a deadline for your clients. Sorry I can't tell you more at this time. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Friday, December 09, 2016 9:18 AM To:Greene Office<greene@earlyandpowell.com> Cc: nelson10357@hotmail.com; Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; Gwen Lacy <gwenlacy@earthlink.net> Subject: FW:SUB2016000137 Jacob Dunn- Family Division Mr. Powell, I am reviewing the Jacob Dunn Family Division (SUB2016000137) for Albemarle County. It is my understanding that you are the lawyer for the project. 1 INF As part of a family division a restrictive covenant on the lot created by the family division (14-212 (B)) is supposed to be submitted to the County for review with the plat, and is supposed to be recorded at the same time as the plat. Do you have such a document ready for County review? Is so please forward me a copy. Thanks, Paty Saternye Senior Planner Community Development ri►;r. Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Gwen Lacy Finailto:gwenlacv@earthlink.net] Sent: Friday, December 09,2016 9:07 AM To: Patricia Saternye<psaternye@albemarle.org>; Roger W. Ray&Associates Inc.<rwrinc@earthlink.net> Cc: nelson10357@hotmail.com;Greene Office<greene@earlyandpowell.com> Subject: Re: SUB2016000137 Jacob Dunn- Family Division Paty, You are right. The Private Street Maintenance Agreement is not required for this division but is recommended. The email address for Mike Powell is greene(c�earlyandpowell.com I have copied the owner so that he will be in the loop. 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, December 09, 2016 8:46 AM To: Gwen Lacy ; Roger W. Ray&Associates Inc. Subject: RE: SUB2016000137 Jacob Dunn - Family Division 2 ‘411, NNW Gwen, Thanks but I don't think I never got a Street Maintenance Agreement on this one because it has its own road frontage. There was no need for a road agreement. There were some other recent family divisions that may have incorporated the family restrictions in the Road Maintenance Agreement, but I can't put my finger on which one right now. If you know Mike Powell is the lawyer for the owners of SUB201600137 could you give me their contact information? Since this plat changed from a BLA to a Family Division this could have been overlooked,just like I did when I sent the recent comments after the change. Again I apologize for this inconvenience and delay, but this document is something I should have received with the resubmission when it was changed to a family division. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Gwen Lacy [mailto:gwenlacv@earthlink.net] Sent: Friday, December 09, 2016 8:28 AM To: Patricia Saternye<psaternye@albemarle.org>; Roger W. Ray&Associates Inc.<rwrinc@earthlink.net> Cc: nelson10357@hotmail.com Subject: Re: SUB2016000137 Jacob Dunn- Family Division Good morning Paty, I included the Family Verifications with the application. I believe the attorney prepared the Restrictive Covenant and the Private Street Maintenance Agreement. I am not sure if he completed the form or included the wording in the deed of conveyance. I did not receive a copy of those documents. I believe the attorney was Mike Powell. Thanks, Gwen 3 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, December 09, 2016 8:11 AM To: Gwen Lacy ; Roger W. Ray&Associates Inc. Subject: RE: SUB2016000137 Jacob Dunn - Family Division Gwen, In going through the last check for the approval of SUB2016000137 Jacob Dunn - Family Division I realized that I have no record of having received the restrictive covenants (14-212 (B))that are required for a family plat. Could you please send me the document for review? If you sent it previously I don't seem to have a record of it. I'm sorry that I did not catch that earlier, but it is required before approval. 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 Lacy [mailto:gwenlacy@earthlink.net] Sent:Thursday, December 08, 2016 9:05 AM To: Patricia Saternye<psaternve@albemarle.org> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject: Re: SUB2016000137 Jacob Dunn-Family Division Thanks Paty, Is the signed plat ready to pick up? Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 4 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Patricia Saternye Sent:Thursday, December 08,2016 8:42 AM To: Gwen Lacy Cc: Roger W. Ray&Associates Inc. ; nelson10357Ca�hotmail.com Subject: RE: SUB2016000137 Jacob Dunn - Family Division Gwen, Attached please find the Tier 2 Groundwater Assessment for SUB201700137 Jacob Dunn— Family Division. 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: Patricia Saternye Sent: Monday, December 05, 2016 12:00 PM To:Gwen Lacy<gwenlacy@earthlink.net> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject: RE:SUB2016000137 Jacob Dunn- Family Division Gwen, Thank you for the voicemail. I'm sorry, you are correct. I had copied and pasted and forgot to update the first line. SUB201600137 Jacob Dunn— Family Division is the plat I was emailing you about and it is ready for signatures. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 5 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday, December 05, 2016 9:14 AM To:Gwen Lacy<gwenlacy@earthlink.net> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject:SUB2016000137 Jacob Dunn- Family Division Gwen, You have addressed all of the comments for SUB2016000137 Jacob Dunn - Family Division. So,the plat ready for signatures. 1. Please submit two or more signed/sealed plats to the Community Development front desk to my attention. The County will keep one signed original. 2. There is then a last check of the plat and if all is well then they are signed by a County representative. 3. I will then call you to let you know once the rest of the signed originals are ready for your pick up. I should be able to forward you the groundwater assessment before the end of the week. Thanks, Paty Saternye Senior Planner Community Development `L11 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday,August 15,2016 10:05 AM To:Gwen Lacy<gwenlacv@earthlink.net> Subject: RE:division sketch Great. Thanks © Paty Saternye Senior Planner Community Development 6 • k" 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,August 15, 2016 9:09 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Re: division sketch No. I just forwarded Dennis Seale's email. They did not need to be attached. Thanks, 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, August 15, 2016 9:00 AM To: Gwen Lacy Subject: RE: division sketch Gwen, Thank you for the VDOT approval. FYI,the plat you attached does not seem to be the most recent version. There are no revision dates on them. Is there any reason why you attached that version? I received a resubmission on 8/8/16, that is waiting for my review, and each of the sheets in the 8/8/16 resubmission had a revision date of 8/8/16 on them. Thanks, Paty Saternye Senior Planner Community Development 7 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Gwen Lacy [mailto:gwenlacv@earthlink.net] Sent: Monday,August 15,2016 7:47 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Fw: division sketch Good morning Paty, Please see below VDOT approval for the Dunn project. 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: Seale, Dennis L. (VDOT) Sent: Friday, August 12, 2016 4:07 PM To: Gwen Lacy Subject: FW: division sketch Good Afternoon Gwen, I have reviewed this new entrance location that will serve the revised and exiting parcels with a new 30' private access easement and find that this location meets VDOT sight distance requirements and is an approved location.This new location will require a VDOT Land Use Permit prior to starting construction. This permit can be obtained from me through the Charlottesville Residency Office. Please let me know if you have any questions or concerns. Thanks, Dennis Seale Engineering Specialist VDOT Charlottesville Residency 434-531-2877 From: Gwen Lacy[mailto:gwenlacy@earthlink.net] Sent: Monday, August 08, 2016 10:44 AM To: Seale, Dennis L. (VDOT) Subject: Fw: division sketch 8 Good morning Dennis, We have received comments on this project from Paty Saternye (PSaternye(a�albemarle.orq) at the county. One of the comments was VDOT approval. When you get a chance, please review and send your approval. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Gwen Lacy Sent: Monday, July 11, 2016 11:51 AM To: Dennis L. Seale Subject: Fw: division sketch Hi Dennis, Please find attached pdf copies of the Boundary Line Adjustment Plat for Jacob Dunn, located on State Route 664 (Markwood Road). We submitted these to the county the end of last week. Thanks and have a good week. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax 9 NIS Patricia Saternye From: Patricia Saternye Sent: Thursday, December 15, 2016 3:46 PM To: Greene Office Cc: nelson10357@hotmail.com;Gwen Lacy Subject: RE: SUB2016000137 Jacob Dunn - Family Division Attachments: Family Division Declaration Form.docx Mr. Powell, As discussed, for your reference, attached is the Family Division Declaration template that the County has. I will get back with you once I have your other answers. Thanks, Paty Saternye Senior Planner Community Development 4" , y, i Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Friday, December 09,2016 9:18 AM To:Greene Office<greene@earlyandpowell.com> Cc: nelson10357@hotmail.com; Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; Gwen Lacy <gwenlacy@earthlink.net> Subject: FW:SUB2016000137 Jacob Dunn- Family Division Mr. Powell, I am reviewing the Jacob Dunn Family Division (SUB2016000137) for Albemarle County. It is my understanding that you are the lawyer for the project. As part of a family division a restrictive covenant on the lot created by the family division (14-212 (B)) is supposed to be submitted to the County for review with the plat, and is supposed to be recorded at the same time as the plat. Do you have such a document ready for County review? Is so please forward me a copy. Thanks, Paty Saternye Senior Planner Community Development 1 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Gwen Lacy[mailto:gwenlacv@earthlink.netj Sent: Friday, December 09,2016 9:07 AM To: Patricia Saternye<psaternye@albemarle.org>; Roger W. Ray&Associates Inc.<rwrinc@earthlink.net> Cc: nelson10357@hotmail.com;Greene Office<greene@earlyandpowell.com> Subject: Re: SUB2016000137 Jacob Dunn- Family Division Paty, You are right. The Private Street Maintenance Agreement is not required for this division but is recommended. The email address for Mike Powell is preene@earlyandpowell.com I have copied the owner so that he will be in the loop. 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, December 09, 2016 8:46 AM To: Gwen Lacy ; Roger W. Ray&Associates Inc. Subject: RE: SUB2016000137 Jacob Dunn - Family Division Gwen, Thanks but I don't think I never got a Street Maintenance Agreement on this one because it has its own road frontage. There was no need for a road agreement. There were some other recent family divisions that may have incorporated the family restrictions in the Road Maintenance Agreement, but I can't put my finger on which one right now. If you know Mike Powell is the lawyer for the owners of SUB201600137 could you give me their contact information? 2 • Since this plat changed from a BLLo a Family Division this could have beelroverlooked,just like I did when I sent the recent comments after the change. Again I apologize for this inconvenience and delay, but this document is something I should have received with the resubmission when it was changed to a family division. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Gwen Lacy [mailto:gwenlacy@earthlink.net] Sent: Friday, December 09,2016 8:28 AM To: Patricia Saternye<psaternye@albemarle.org>; Roger W. Ray&Associates Inc. <rwrinc@earthlink.net> Cc: nelson10357@hotmail.com Subject: Re:SUB2016000137 Jacob Dunn- Family Division Good morning Paty, I included the Family Verifications with the application. I believe the attorney prepared the Restrictive Covenant and the Private Street Maintenance Agreement. I am not sure if he completed the form or included the wording in the deed of conveyance. I did not receive a copy of those documents. I believe the attorney was Mike Powell. 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, December 09, 2016 8:11 AM To: Gwen Lacy ; Roger W. Ray&Associates Inc. Subject: RE: SUB2016000137 Jacob Dunn - Family Division 3 Gwen, In going through the last check for the approval of SUB2016000137 Jacob Dunn - Family Division I realized that I have no record of having received the restrictive covenants (14-212 (B)) that are required for a family plat. Could you please send me the document for review? If you sent it previously I don't seem to have a record of it. I'm sorry that I did not catch that earlier, but it is required before approval. Thanks, Paty Saternye Senior Planner Community Development xtz 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:Thursday, December 08,2016 9:05 AM To: Patricia Saternye<psaternve@albemarle.org> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject: Re: SUB2016000137 Jacob Dunn- Family Division Thanks Paty, Is the signed plat ready to pick up? 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: Thursday, December 08, 2016 8:42 AM To: Gwen Lacy Cc: Roger W. Ray&Associates Inc. ; nelson10357@hotmail.com Subject: RE: SUB2016000137 Jacob Dunn - Family Division 4 Gwen, Attached please find the Tier 2 Groundwater Assessment for SUB201700137 Jacob Dunn —Family Division. Thanks, Paty Saternye Senior Planner Community Development Y,r • } ~l rIT tc,z., ytd Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday, December 05, 2016 12:00 PM To:Gwen Lacy<gwenlacy@earthlink.net> Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmail.com Subject: RE:SUB2016000137 Jacob Dunn- Family Division Gwen, Thank you for the voicemail. I'm sorry, you are correct. I had copied and pasted and forgot to update the first line. SUB201600137 Jacob Dunn — Family Division is the plat I was emailing you about and it is ready for signatures. Thanks, Paty Saternye Senior Planner Community Development J1P'" S ` lb. `n E+ f a Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday, December 05, 2016 9:14 AM To:Gwen Lacy<gwenlacy@earthlink.net> 5 Cc: Roger W. Ray&Associates Inc.<rwrinc@earthlink.net>; nelson10357@hotmaom Subject:SUB2016000137 Jacob Dunn-Family Division Gwen, You have addressed all of the comments for SUB2016000137 Jacob Dunn- Family Division. So,the plat ready for signatures. 1. Please submit two or more signed/sealed plats to the Community Development front desk to my attention.The County will keep one signed original. 2. There is then a last check of the plat and if all is well then they are signed by a County representative. 3. I will then call you to let you know once the rest of the signed originals are ready for your pick up. I should be able to forward you the groundwater assessment before the end of the week. Thanks, Paty Saternye Senior Planner Community Development i;j'` f.. 1 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday,August 15, 2016 10:05 AM To:Gwen Lacy<gwenlacv@earthlink.net> Subject: RE:division sketch Great. Thanks O Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 6 From:Gwen Lacy[mailto:gwenlacv@earthlink.net] Sent: Monday,August 15,2016 9:09 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Re: division sketch No. I just forwarded Dennis Seale's email. They did not need to be attached. Thanks, 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, August 15, 2016 9:00 AM To: Gwen Lacy Subject: RE: division sketch Gwen, Thank you for the VDOT approval. FYI, the plat you attached does not seem to be the most recent version. There are no revision dates on them. Is there any reason why you attached that version? I received a resubmission on 8/8/16,that is waiting for my review, and each of the sheets in the 8/8/16 resubmission had a revision date of 8/8/16 on them. 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 Lacy[mailto:Rwenlacy@earthlink.net] Sent: Monday,August 15, 2016 7:47 AM 7 To: Patricia Saternye<psaternye@albarle.org> Subject: Fw:division sketch Good morning Paty, Please see below VDOT approval for the Dunn project. 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: Seale, Dennis L. (VDOT) Sent: Friday, August 12, 2016 4:07 PM To: Gwen Lacy Subject: FW: division sketch Good Afternoon Gwen, I have reviewed this new entrance location that will serve the revised and exiting parcels with a new 30' private access easement and find that this location meets VDOT sight distance requirements and is an approved location.This new location will require a VDOT Land Use Permit prior to starting construction. This permit can be obtained from me through the Charlottesville Residency Office. Please let me know if you have any questions or concerns. Thanks, Dennis Seale Engineering Specialist VDOT Charlottesville Residency 434-531-2877 From: Gwen Lacy [mailto:gwenlacy@earthlink.net] Sent: Monday, August 08, 2016 10:44 AM To: Seale, Dennis L. (VDOT) Subject: Fw: division sketch Good morning Dennis, We have received comments on this project from Paty Saternye (PSaternye(a�albemarle.orq) at the county. One of the comments was VDOT approval. When you get a chance, please review and send your approval. Thanks, Gwen 8 • '`r/ Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Gwen Lacy Sent: Monday, July 11, 2016 11:51 AM To: Dennis L. Seale Subject: Fw: division sketch Hi Dennis, Please find attached pdf copies of the Boundary Line Adjustment Plat for Jacob Dunn, located on State Route 664 (Markwood Road). We submitted these to the county the end of last week. Thanks and have a good week. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax 9 `41.00e '04S Patricia Saternye From: Patricia Saternye Sent: Thursday, October 20, 2016 4:01 PM To: John Blair Subject: Ag/For District Family Division John, I just wanted to let you know that I won't be making an official submission in reference to that Ag/For District Family Division with the small BLA. After some brainstorming here, and a discussion with the clients contact,they will do a BLA that merges the two parcels (13.9 & 17)together as part the family division. The outcome will be one two acre family lot and one large 28.9 acre parcel. So there would not be any intensification beyond the allowed Family division O. 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 Patricia Saternye From: Roger W. Ray&Assoc.,Inc. <rwrinc@earthlink.net> Sent: Thursday, October 20, 2016 3:42 PM To: Patricia Saternye Subject: RE: SUB201600137 Dunn - BLA changing to Family Subdivision Thanks Paty, Let's look at this a little differently. Couldn't we simply add the two residual pieces of TM 8-43A to TM 8-44? It's the same as adding 8-43A and 8-44 together as a boundary line adjustment,which results in a 30.90 acre parcel, and then dividing the new family lot out. Wouldn't that work? Thanks, 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: Patricia Saternye [mailto:psaternye@albemarle.org] Sent: Thursday, October 20, 2016 2:57 PM To: Roger W. Ray&Assoc., Inc. Subject: RE: SUB201600137 Dunn - BLA changing to Family Subdivision Brian, I took your question to one of the County's lawyers. He does not think it is possible to do the BLA, as you have proposed, even if it would be part of the Family Division plat, based upon the previous discussions with the County Attorney on BLA's in the Ag-For Districts. However, he said for me to officially submit it and he will bring it to the County Attorney get a definitive answer. As you know, officially submitting it to the County Attorney's office will probably take a minimum of two weeks. I will let you know once I hear back from them. Since you didn't get a denial letter, I thought you might want to know some of the wording it would have included in order to help you navigate this process. This is from the draft of the letter I was working on before it was decided to just change the submission to a Family Division. Tax Map Parcels 8-44 and 8-43A fall within the Buck Mountain Agricultural-Forestal District (Albemarle County Code § 3-209). Albemarle County Code § 3-202(A) prohibits development of land within an Agricultural-Forestal District ("District") into more intensive uses. Parcels within a District are developed to a more intensive use when they are subdivided except when the subdivn or rural subdivision results in parcels 21 acres or greater (Albemarle County Code § 3-202(A)(2)(c)) or the division is a family subdivision (Albemarle County Code § 3-202(A)(2)(d)).As defined in Albemarle County Code § 14-106, a boundary line adjustment is a "subdivision," and a "subdivision" is the "division of land." Therefore, a subdivision,other than a family subdivision,that results in a lot being less than 21 acres is a development to a more intensive use and is not permitted within the District. Thanks, Paty Saternye Senior Planner Community Development Y: ,5 '4 . Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Thursday,October 20, 2016 11:04 AM To: Patricia Saternye<psaternve@albemarle.org> Subject: RE:SUB201600137 Dunn-BLA changing to Family Subdivision Thanks, Brian From: Patricia Saternye [mailto:psaternye(aalbemarle.orq] Sent: Thursday, October 20, 2016 11:01 AM To: Roger W. Ray&Assoc., Inc. Subject: RE: SUB201600137 Dunn - BLA changing to Family Subdivision Brian, Good questions. I will ask the appropriate people and get back to you. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 2 Itiaro '44100 psaternye@albemarle.org www.albemarle.org From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Thursday,October 20,2016 10:12 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE:SUB201600137 Dunn-BLA changing to Family Subdivision Paty, One quick question on this one. Looking at the proposed Family division lot, I noticed that a small portion of TM 8-43A will be completely severed from the residue of the parcel to the north. Will it be okay to add that portion of TM 8-44? (see attached area highlighted in pink) Thanks, 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: Patricia Saternye [mailto:osaternye@aalbemarle.org] Sent: Monday, October 17, 2016 1:15 PM To: Roger W. Ray&Assoc., Inc. Subject: RE: SUB201600137 Dunn - BLA changing to Family Subdivision Sounds great. Thanks! Paty Saternye Senior Planner Community Development „70 Fr ‘.11, s Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,October 17,2016 12:56 PM To: Patricia Saternye<psaternye@albemarle.org> 3 n 'Anitaunnivan'<anitara 2 (illi Cc:gwenlacy@earthlink.net; Rearthlink.net>ay v @ Subject: RE:SUB201600137 Dunn-BLA changing to Family Subdivision Hi Paty, Thanks for the update. I'll get in touch with our client and get the family subdivision information and additional fee to you all. I'll give you a heads up when we get that together so we can coordinate the resubmittal. Thanks, Brian From: Patricia Saternye [mailto:psaternve@ albemarle.orq] Sent: Friday, October 14, 2016 3:21 PM To: Roger W. Ray&Assoc., Inc. Cc: gwenlacy@ earthlink.net Subject: RE: SUB201600137 Dunn - BLA changing to Family Subdivision Brian, Mark G. has agreed to apply the fee from the Dunn BLA (SUB2016-137)to a Family Subdivision. So I just wanted to touch base with you about the process. He is allowing the existing submission to be changed to a family division. Therefore you won't have a new project number. It will be the same. Also,this means you won't be receiving a denial letter after all. I can't deny the application and then reuse the same number. So when you go to submit the Family Subdivision version of the plat it will only be a resubmission under the same number. Whomever brings it in will have to pay the difference in the fees and make sure to let the front desk person know this is a special case. With such a special case I will need to outline everything for the front desk personnel in order to ensure things go smoothly. If possible, it would be helpful for me to know who will be delivering the resubmittal and when so that I can give them that information as well. 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 4 'rri0F From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Wednesday,October 12, 2016 11:50 AM To: Mark Graham<mgraham@albemarle.org> Cc: Patricia Saternye<psaternye@albemarle.org> Subject: RE:SUB201600125&SUB201600137 Hi Mark, I wanted to follow up on the Dunn plat that Paty is reviewing. Although we haven't gotten final comments on this one. Paty discussed this one with the County Attorney's office and she called and let me know that the county attorney has made the determination that the boundary line adjustment is a more intense use of the property. She says a denial letter would be coming. I believe•Mr. Dunn can achieve creating this lot under family division. He chose to go the route of boundary line adjustment since the county approval process has historically been easier verses the family division. We realize now that the County has changed their interpretation of boundary line adjustments on Ag-For parcels. I suggested to Paty that the Dunns apply for the family division. I asked if they could pay the difference in the family divison fee since they had already paid the boundary line adjustment fee. She had discussed with Megan and they believe the entire fee would have to be paid. I'd think since this was an unknown interpretation change the Dunns should be allowed to pay the difference in fees. The information used in the review of the boundary line adjustment would still be used in the review of the family division. The Dunns have been very patient in the review process. I'd hate to see them have to pay a fee as if the review was starting from scratch. Please let me know your thoughts and if my suggestion would work. 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.orq] 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 5 4110 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. 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 6 1.,400 Patricia Saternye From: Patricia Saternye Sent: Wednesday, October 12, 2016 2:49 PM To: Mark Graham Subject: RE: SUB201600125 &SUB201600137 I'm happy you think so. I have not issues with doing so. I'll get with Megan on how to process it, since it will be unique. Thanks, Paty Saternye Senior Planner Community Development z. C tik Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Mark Graham Sent:Wednesday,October 12,2016 2:33 PM To: Patricia Saternye<psaternye@albemarle.org> Subject: FW:SUB201600125&SUB201600137 Paty, Given the unique circumstance, I'm fine with allowing them to modify the existing application and pay the difference. Frankly, I feel bad about all the stuff they've had to endure in getting to this point. Pleae let me know if you see an issue with this, otherwise I'll tell Brian we can do this if he make the request. Mark From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Wednesday,October 12,2016 11:50 AM To: Mark Graham<mgraham@albemarle.org> Cc: Patricia Saternye<psaternye@albemarle.org> Subject: RE:SUB201600125 &SUB201600137 Hi Mark, I wanted to follow up on the Dunn plat that Paty is reviewing. Although we haven't gotten final comments on this one. Paty discussed this one with the County Attorney's office and she called and let me know that the county attorney 1 i - . . has made the determination that theundary line adjustment is a more intense use of the property. She says a denial letter would be coming. I believe Mr. Dunn can achieve creating this lot under family division. He chose to go the route of boundary line adjustment since the county approval process has historically been easier verses the family division. We realize now that the County has changed their interpretation of boundary line adjustments on Ag-For parcels. I suggested to Paty that the Dunns apply for the family division. I asked if they could pay the difference in the family divison fee since they had already paid the boundary line adjustment fee. She had discussed with Megan and they believe the entire fee would have to be paid. I'd think since this was an unknown interpretation change the Dunns should be allowed to pay the difference in fees. The information used in the review of the boundary line adjustment would still be used in the review of the family division. The Dunns have been very patient in the review process. I'd hate to see them have to pay a fee as if the review was starting from scratch. Please let me know your thoughts and if my suggestion would work. 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:mgrahamOalbemarle.orq] 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@yalbemarle.org>; Patricia Saternye<psaternve@albemarle.org>; Rachel Falkenstein • <rfalkenstein@albemarle.org> Subject:SUB201600125&SUB201600137 2 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. 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 • 3 Niwe '4.01 Patricia Saternye From: Patricia Saternye Sent: Thursday, October 06, 2016 2:56 PM To: Roger W. Ray&Assoc.,Inc. Subject: RE: Dunn boundary line adjustment SUB-2016-137 Brian, I have not heard back from them yet. I reached out to them yesterday asking for an update. Greg was not back in the office until this Monday. So I had hoped to hear something yesterday. If I don't hear back by tomorrow morning I will reach out again. Sorry this process has taken so long. 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: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Thursday, October 06, 2016 11:35 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Dunn boundary line adjustment SUB-2016-137 Pati, Have you all had a chance to review the Dunn plat with Greg again? Remember this one has two parcels that start off less than 21 acres. You were going to let me know. Thanks, 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 1 Patricia Saternye From: Roger W. Ray&Assoc.,Inc. <rwrinc@earthlink.net> Sent: Thursday, October 06, 2016 11:35 AM To: Patricia Saternye Subject: Dunn boundary line adjustment SUB-2016-137 Pati, Have you all had a chance to review the Dunn plat with Greg again? Remember this one has two parcels that start off less than 21 acres. You were going to let me know. Thanks, 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 1 `r./ Patricia Saternye From: Patricia Saternye Sent: Wednesday,October 05, 2016 8:51 AM To: John Blair Cc: Scott Clark Subject: FW: Development-related document review John, Good morning ©. I wanted to touch base with you on SUB2016-137 Dunn BLA. This is a boundary line adjustment in the Ag/For District and it was discussed on 9/22/16 near the end of the Legal Meeting. You were going to get back with Greg K. after he got back from vacation. Have you had a chance to discuss this with him? Thanks, Paty Saternye Senior Planner Community Development * Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternyet albemarle.org www.albemarle.org From:Greg Kamptner Sent: Monday,September 19, 2016 9:32 AM To: Mark Graham<mgraham@albemarle.org>; David Benish<DBENISH@albemarle.org>; Megan Yaniglos <myaniglos@albemarle.org>; Rachel Falkenstein<rfalkenstein@albemarle.org>; Patricia Saternye <psaternye@albemarle.org>;Ana Kilmer<akilmer@albemarle.org>;Amelia McCulley<AMCCULLE@albemarle.org>; Scott Clark<Sclark@albemarle.org>;Sarah Baldwin<sbaldwin@albemarle.org>; Rebecca Ragsdale <rragsdale@albemarle.org>; Elaine Echols<EECHOLS@albemarle.org>; Ron Higgins<rhiggins@albemarle.org>; Francis MacCall<FMACCALL@albemarle.org> Cc:John Blair<jblair@albemarle.org>; Erika Castillo<ecastillo@albemarle.org>; Marsha Davis <MDavis02@albemarle.org> Subject: Development-related document review All- Starting today,John Blair will be taking over review of all development-related documents,except for bonds and zoning enforcement-related matters.The documents that John will be reviewing include, but are not limited to: 1 1. Draft proffers 2. Draft special use permit conditions 3. Draft special exception conditions 4. Private street and other improvement maintenance agreements,including those in declarations of covenants 5. Street sign maintenance agreements 6. Family subdivision declarations 7. Deeds of dedication of drainage easements, development-related greenways,and public rights-of way 8. Shared parking agreements 9. WPO-related nutrient credit agreements and affidavits 10. WPO-related open space covenants 11. Official determinations of development rights Erika will assist John in this work doing preliminary review of the documents(other than draft proffers and draft conditions) received by our office to ensure that they meet minimum requirements and are ready for review. I'll be working with John and Erika to refine our current review checklists and to develop some new checklists for certain items. As for bonds,John and I will both be handling them. However,for now,Ana should continue sending them to me. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext.3268 gt 2 3 \rr, 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 ifs"). 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 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 respo'Rses from the county attorney's office regar ig 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 Slasi '44.0t 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've attached Sec. 3-202,which discus 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 Patricia Saternye From: Patricia Saternye Sent: Friday, September 09, 2016 9:39 AM To: Scott Clark Subject: RE: BLAs in AFDs (SUB201600137 Dunn BLA) Yeah, I get that impression too. I just wanted to check ®. I've started a list things waiting on their review/response. I think I currently have five projects dependent on them. The list is just a way for me to know when to push and when not to push. Not that my pushing would accomplish much ;), but I've had at least one thing that had sat in their office for 2 months (originally submitted to them by Ellie) and they had no idea where it was. Thanks, Paty Saternye Senior Planner Community Development .r- Ni. 'c Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From:Scott Clark Sent: Friday,September 09, 2016 9:34 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE: BLAS in AFDs(SUB201600137 Dunn BLA) No, not yet—I get the impression that they're pretty swamped up there. From: Patricia Saternye Sent: Friday,September 09, 2016 9:34 AM To:Scott Clark<Sclark@ albemarle.org> Subject: RE: BIAS in AFDs(SUB201600137 Dunn BLA) Scott, You haven't received a response from Greg on the follow up question you had (below) yet, have you? Thanks, 1 40) Paty Saternye Senior Planner Community Development fti1 j ,y; Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From:Scott Clark Sent:Thursday,September 01,2016 8:41 AM To:Greg Kamptner<GKamptne@albemarle.org>; Patricia Saternye<psaternye@albemarle.org> Subject: RE: BLAS in AFDs Thanks,Greg. Just to clarify—do I understand correctly that any BLA that results in parcel of less than 21 acres in the District is prohibited? It sounds like sub-21-acre parcels in the Districts just can't adjust their boundaries, unless maybe their . acreage increased to 21 or more. -scott From:Greg Kamptner Sent:Thursday,September 01, 2016 8:28 AM To:Scott Clark<Sclark@albemarle.org>; Patricia Saternye<psaternye@albemarle.org> Subject: FW: BLAS in AFDs Scott and Paty- Here is the prior analysis of this issue,which is consistent with my comments on the proposed BLA in an AFD sent to you last week.A prior analysis that Scott may be thinking of was abandoned in 2003. Greg Kamptner County Attorney County of Albemarle gkamptner@albemarle.org 434-972-4067 ext.3268 From:Scott Clark Sent:Thursday,June 11, 2015 3:41 PM To:Greg Kamptner<GKamptne@albemarle.org> Subject: RE: BLAs in AFDs Thanks, Greg! 2 staid From:Greg Kamptner Sent:Thursday,June 11,2015 8:42 AM To:Scott Clark Subject: RE: BLAS in AFDs County Code 3-202(A) provides that a parcel is developed to a more intensive use if the development is the proposed division of a parcel either by subdivision or rural division and the minimum lot size of the division is less than 21 acres (see County Code 3-202(A)(2)(c).The question is whether this rule applies to a proposed boundary line adjustment (BLA),where the BLA would adjust the boundary between two abutting parcels in an AF district and the resulting acreage of one of the parcels would be less than 21 acres. As defined in the Subdivision Ordinance,a boundary line adjustment is a "subdivision," and a "subdivision" is the "division of land."See County Code 14-106.Therefore,a subdivision that results in a lot being less than 21 acres is a development to a more intensive use that is allowed only by approval of the Board. Family divisions are excepted from the 21-acre rule.See County Code 3-202(A)(2)(d). There was a prior opinion given in 2003 pertaining to "by-right" subdivisions that we soon thereafter concluded was incorrect and it was corrected. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org (434) 972-4067 From:Scott Clark Sent:Wednesday,June 10,2015 12:59 PM To:Greg Kamptner Subject: FW: BLAs in AFDs Greg–if you had a minute to answer this, I'd appreciate it–Zoning needs to get back to their caller. In this case, two large parcels (over 21 acres each)would be converted,through a BLA, into a sub-21-acre parcel and a larger parcel. Thanks --Scott From:Scott Clark Sent:Wednesday, May 27, 2015 12:08 PM To:Greg Kamptner Subject: BLAs in AFDs Greg—unfortunately my old e-mails containing our discussions on AFD topics were lost in a disk crash a few years ago, so I'll have to ask this one again. I've been asked by Zoning to determine whether a boundary line adjustment between two parcels in the same AFD is permitted under 3-202. I seem to recall that it's not considered a "more intensive use," but I just wanted to confirm that with you. 3 4.00 #000 Thanks... --Scott Scott Clark Senior Planner-Rural Areas } Albemarle County Community Development Dept. Charlottesville VA 434-296-5832 ext.3249 4 Patricia Saternye From: Patricia Saternye Sent: Wednesday,August 24, 2016 2:47 PM To: Scott Clark Subject: SUB201600137 Jacob Dunn - BLA comment back from County Attorney Attachments: SUB201600137 GIS attachement to County Attorneys Comment 8-24-2016.pdf; SUB201600137 County Attorneys Comment 8-24-2016.pdf; SUB201600137 PLAT attachement to County Attorneys Comment 8-24-2016.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Scott, Attached please find the comments that I just got back from the County Attorney's office on the BLA in the Ag/For District that we chatted about (SUB201600137 Jacob Dunn —BLA). Do you interpret this to be dead in the water? Or would it be more accurate to say, if they can meet the requirements (like Family Division)that a normal subdivision has to meet then they could move forward? I would just like your interpretation. Thanks, Paty.Saternye Senior Planner Community Development w t } Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternvePalbemarle.org www.albemarle.org 1 kui/ 'to/ Patricia Saternye From: Patricia Saternye Sent: Wednesday,August 24,2016 11:25 AM To: Erika Castillo Subject: RE:SUB201600137 -Jacob Dunn - BLA Thanks © Paty Saternye Senior Planner Community Development BT. ,41s. tom, �yd Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Erika Castillo Sent:Wednesday,August 24,2016 9:56 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: RE:SUB201600137-Jacob Dunn-BLA Good Morning, Paty: Guess what I have for y000uu O Greg has reviewed and answered your questions about the BLA. I'll run the hard copy down later this morning. Regards, Erika Castillo Paralegal ecastillo@albemarle.org Albemarle County Attorney's Office 401 McIntire Road Charlottesville, VA (434) 972-4067 Ext. 3408 Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. 1 From: Patricia Saternye Sent:Tuesday,August 23,2016 9:33 AM To: Erika Castillo<ecastillo@albemarle.org> Subject:SUB201600137-Jacob Dunn- BLA Erica, I just wanted to touch base on something I submitted to Greg K. on 8/5/16. It is in reference to SUB201600137-Jacob Dunn—BLA. It is a boundary line adjustment in an Ag/For District. Because the proposed lot, created by the BLA, would be only 2 acres in size Scott Clark asked to have the County Attorney's office review it. He was concerned that it would not meet the criteria for allowed development in the Ag/For because of the size of the proposed lot. Has that been looked at yet? Thanks, Paty Saternye Senior Planner Community Development �a4 is Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 2 • 1411111 '1411101 Patricia Saternye From: Patricia Saternye Sent: Tuesday,August 23, 2016 10:10 AM To: Roger W. Ray&Assoc.,Inc.;Gwen Lacy Subject: RE: SUB201600137 Jacob Dunn - BLA Attachments: P2-16-137-comments 8-23-2016.pdf Gwen, Attached please see the 2nd round comments for SUB201600137 Jacob Dunn — BLA. If you have any questions please let me know. Thanks, Paty Saternye Senior Planner Community Development -Ls Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Patricia Saternye Sent: Monday,August 08,2016 1:55 PM To: Roger W. Ray&Assoc., Inc.<rwrinc@earthlink.net> Subject: RE:SUB201600137 Jacob Dunn-BLA Will do © Paty Saternye Senior Planner Community Development 4TH 'A Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 1 400 From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,August 08,2016 1:46 PM To: Patricia Saternye<psaternve@albemarle.org> Cc: 'Gwen Lacy'<gwenlacv@earthlink.net> Subject: RE:SUB201600137 Jacob Dunn- BLA Hi Paty, Thanks,we did send the plat originally to Dennis Seale, so we just asked him to reply, I'm sure he just forgot to. Let me know if you don't get a response from him. Thanks, Brian From: Patricia Saternye [mailto:psaternve@albemarle.orq] Sent: Monday, August 08, 2016 1:41 PM To: Roger W. Ray&Assoc., Inc. Subject: RE: SUB201600137 Jacob Dunn - BLA Good afternoon Brian, Thanks for the updated plats and the comment responses. I will forward any information on the County Attorney and the next round of review when it becomes available. The County Attorney's review was by request of our Ag/For planner as a precautionary step because a lot of that size is not the norm in the Ag/For district. I don't think I had received approval yet from VDOT on this plat, but I know I had on another plat forwarded by your office. If for some reason I have misplaced such an email for this plat I apologize for doing so. Please just forward it again if that is the case. 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: Roger W. Ray&Assoc.,'Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,August 08,2016 12:03 PM To: Patricia Saternye<psaternve@albemarle.org>; 'Gwen Lacy'<gwenlacy@earthlink.net> Subject: RE:SUB201600137 Jacob Dunn- BLA Hi Paty, 2 3 Thanks for your comments. I've attached revised pdf files of the plat and one showing the possible building site. We have the following relative to your comment numbers: 1. We did research the chains of title and did not find a recorded easement for that driveway. These parcels are owned by the same owner, so an easement would not be necessary for their use. 2. See attached building site rectangle shown. We already had the note regarding building site. This rectangle doesn't include any critical slopes or stream buffers according to the Albemarle County GIS data. 3. We've revised our development right note. We should have included the requirement that they would be used in their 1980 boundaries. 4. Thanks 5. We've contacted Dennis Seale again to send confirmation of his review. 6. This is a boundary line adjustment and both parcels retain the required frontage on State Route 664. This 30' access easement is being created for the convenience of the owners and doesn't come under county review. It is not being created as a private street. 7. We are only surveying Revised T.M. 8-43A. T.M. 8-37 does not touch this revised parcel. We've shown the ownership of all parcels touching the surveyed parcel. 8. Thanks,we have gotten approval for BLA plats in the past that reduced parcels in an Ag-Forestal district. Please keep in mind that we aren't creating a parcel here. This is a boundary line adjustment and we believe Sec 3- 202.A.1 would allow this since no increase in population density would apply and the property would remain in the district. Please let us know if you have any other questions. Thanks, 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: Patricia Saternye [mailto:psaternve@albemarle.orq] Sent: Friday, August 05, 2016 5:53 PM To: Gwen Lacy; rwrinc@earthlink.net Subject: SUB201600137 Jacob Dunn - BLA Gwen, Attached please find comments for SUB201600137 Jacob Dunn—BLA. Please let me know if you have any questions. Thanks, Paty Saternye Senior Planner Community Development 3 r111MI. e; J O" f Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org 4 t Y Patricia Saternye From: Patricia Saternye Sent: Monday,August 15, 2016 10:05 AM To: Gwen Lacy Subject: RE: division sketch Great. Thanks O Paty Saternye Senior Planner Community Development �a a 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,August 15, 2016 9:09 AM To: Patricia Saternye<psaternye@albemarle.org> Subject: Re: division sketch No. I just forwarded Dennis Seale's email. They did not need to be attached. Thanks, 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, August 15, 2016 9:00 AM To: Gwen Lacy Subject: RE: division sketch Gwen, Thank you for the VDOT approval. 1 K , Cis FYI,the plat you attached does not seem to be the most recent version. There are no revision dates on them. Is there any reason why you attached that version? I received a resubmission on 8/8/16, that is waiting for my review, and each of the sheets in the 8/8/16 resubmission had a revision date of 8/8/16 on them. Thanks, Paty Saternye Senior Planner Community Development of `> .d. 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,August 15, 2016 7:47 AM To: Patricia Saternye<psaternve@albemarle.org> Subject: Fw: division sketch Good morning Paty, Please see below VDOT approval for the Dunn project. 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: Seale, Dennis L. (VDOT) Sent: Friday, August 12, 2016 4:07 PM To: Gwen Lacy Subject: FW: division sketch Good Afternoon Gwen, I have reviewed this new entrance location that will serve the revised and exiting parcels with a new 30' private access easement and find that this location meets VDOT sight distance requirements and is an approved location.This new location will require a VDOT Land Use Permit prior to starting construction. This permit can be obtained from me through the Charlottesville Residency Office. Please let me know if you have any questions or concerns. 2 Y y Thanks, Dennis Seale Engineering Specialist VDOT Charlottesville Residency 434-531-2877 From: Gwen Lacy [mailto:gwenlacv0earthlink.net] Sent: Monday, August 08, 2016 10:44 AM To: Seale, Dennis L. (VDOT) Subject: Fw: division sketch Good morning Dennis, We have received comments on this project from Paty Saternye (PSaternye(a�albemarle.orq) at the county. One of the comments was VDOT approval. When you get a chance, please review and send your approval. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Gwen Lacy Sent: Monday, July 11, 2016 11:51 AM To: Dennis L. Seale Subject: Fw: division sketch Hi Dennis, Please find attached pdf copies of the Boundary Line Adjustment Plat for Jacob Dunn, located on State Route 664 (Markwood Road). We submitted these to the county the end of last week. Thanks and have a good week. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax 3 *AS ‘4000 Patricia Saternye From: Patricia Saternye Sent: Monday,August 08, 2016 1:55 PM To: Roger W. Ray&Assoc.,Inc. Subject: RE: SUB201600137 Jacob Dunn - BLA Will do ® Paty Saternye Senior Planner Community Development a Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,August 08,2016 1:46 PM To: Patricia Saternye<psaternye@albemarle.org> Cc: 'Gwen Lacy'<gwenlacy@earthlink.net> Subject: RE:SUB201600137 Jacob Dunn- BLA Hi Paty, Thanks, we did send the plat originally to Dennis Seale, so we just asked him to reply, I'm sure he just forgot to. Let me know if you don't get a response from him. Thanks, Brian From: Patricia Saternye [mailto:osaternve(aalbemarle.org] Sent: Monday, August 08, 2016 1:41 PM To: Roger W. Ray&Assoc., Inc. Subject: RE: SUB201600137 Jacob Dunn - BLA Good afternoon Brian, Thanks for the updated plats and the comment responses. I will forward any information on the County Attorney and the next round of review when it becomes available. The County Attorney's review was by request of our Ag/For planner as a precautionary step because a lot of that size is not the norm in the Ag/For district. 1 I don't think I had received appro�al yet from VDOT on this plat, but I knorl had on another plat forwarded by your office. If for some reason I have misplaced such an email for this plat I apologize for doing so. Please just forward it again if that is the case. Paty Saternye Senior Planner Community Development t.; V+ Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent: Monday,August 08, 2016 12:03 PM To: Patricia Saternye<psaternye@albemarle.org>; 'Gwen Lacy'<gwenlacy@earthlink.net> Subject: RE:SUB201600137 Jacob Dunn-BLA Hi Paty, Thanks for your comments. I've attached revised pdf files of the plat and one showing the possible building site. We have the following relative to your comment numbers: 1. We did research the chains of title and did not find a recorded easement for that driveway. These parcels are owned by the same owner, so an easement would not be necessary for their use. 2. See attached building site rectangle shown. We already had the note regarding building site. This rectangle doesn't include any critical slopes or stream buffers according to the Albemarle County GIS data. 3. We've revised our development right note. We should have included the requirement that they would be used in their 1980 boundaries. 4. Thanks 5. We've contacted Dennis Seale again to send confirmation of his review. 6. This is a boundary line adjustment and both parcels retain the required frontage on State Route 664. This 30' access easement is being created for the convenience of the owners and doesn't come under county review. It is not being created as a private street. 7. We are only surveying Revised T.M. 8-43A. T.M. 8-37 does not touch this revised parcel. We've shown the ownership of all parcels touching the surveyed parcel. 8. Thanks, we have gotten approval for BLA plats in the past that reduced parcels in an Ag-Forestal district. Please keep in mind that we aren't creating a parcel here. This is a boundary line adjustment and we believe Sec 3- 202.A.1 would allow this since no increase in population density would apply and the property would remain in the district. Please let us know if you have any other questions. Thanks, Brian Ray, L.S. Roger W. Ray&Assoc., Inc. 2 663 Berkmar Court '''id Charlottesville,Virginia 22901 434-293-3195 tel. 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com From: Patricia Saternye [mailto:psaternye@albemarle.org] Sent: Friday, August 05, 2016 5:53 PM To: Gwen Lacy; rwrinc@earthlink.net Subject: SUB201600137 Jacob Dunn - BLA Gwen, Attached please find comments for SUB201600137 Jacob Dunn —BLA. Please let me know if you have any questions. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 Dsaternve@albemarle.org www.albemarle.org 3 Nor "Itis0 Patricia Saternye From: Patricia Saternye Sent: Wednesday,August 03, 2016 10:55 AM To: Gwen Lacy; rwrinc@earthlink.net Subject: SUB201600137 Jacob Dunn - BLA VDH approval document Attachments: SUB201600137 VDH APPROVAL 7-29-2016.pdf Gwen, Attached please find a scan of the VDH approval for SUB201600137 Jacob Dunn—BLA. The County's review is still in process. I will let you know more once it is completed. Thanks, Paty Saternye Senior Planner Community Development 4 Albemarle County 401 McIntire Road Charlottesville,VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 1 Community Development Document Review County Attorney's Office TO: Z„, 4exfl € PROJECT NUMBER: LI 00 ca0 LL au 7- You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination1;;�� '^ Other: LA s()b The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: • : Signatures or acknowledgement need to be redone(see comment below) : Legal description needs to be revised(see comment below) : Other(see comment below) Comment: ►LA CA.. 4 •.. ' ►`. • EI,I` t i 10 4 ( lf'1Ge and 4h-e_ rest/ ftinn 2 Ac. •arced % - 1 0"de r ACC153 - 2a2CA)C+) ar d 3- 202(A)( ) . If the document is approved,was submitted with the applicants'signatures, and is one to which the County is a party,signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures,a final version of the document with the required signatures may now be submitted. 'i re Arai Date: Ot6 2.. it4 1 Gr , p. ,-r D . .0 s t-.rney COUNTY OF ALBEMARLE Department Community Development "di r r 1 _. Planning Services Division xvirtvec, 401 McIntire Road North Wing•Charlottesville,Virginia 22902-4596 Phone: (434)296-5823 • Fax: (434)972-4035 Transmittal From: Paty Saternye Date: 08/5/16 To: OGreg Kamptner Assistant County Attorney 0 OScott Clark- Planning 0 0 0 0 0 0 0 JOB#/FILE NAME:SUB-2016-00137/Jacob Dunn- BLA We are sending you the following items: ® Attached or ❑ Under separate cover ❑ Copy of Letter ❑ Prints ❑ Plans ® Plats ❑ Specifications 0 Other #of Date Description Copies 1 6/29/16 Boundary Line Adjustment Plat Revised T.M. 8-43A and Revised T.M. 8-44 the properties of Nelson R. Morris & Allison M. Morris and Dorothy C. Morris (Life Estate) Also New 30' Private Access Easement 1 8/5/16 GIS graphic of Ag/For District overlay These are transmitted as checked below: ® For review and comments ® For approval ❑ Other Remarks: This Boundary Line Adjustment is in an Ag/For District. At first.glance Scott thought that with the creation of such a small lot, and with the recent discussion/review of SUB201600125 BLA, that we should get the County Attorney's office to weigh in on whether this was legal in the Ag/For District. Comments are due in City View or email by: 8/19/16 Signature: Paty Saternye 11- es I5 ivc te=r‘ Ci 19/ - 50 ovzi aero rye r65(4,44 j A-c- parCel 5 C,--1-- .1 (6,_f_61164,64,1,6, ,--1-- .1 (6,_f_61164, USS uvI 441 !- P. �•, '4 ,` 4 IVI I I/I I' 0 r is o p3,111,, attly,,& ',it i ,o,„ 46, ., ." gi,.. ,„,,, 0, ,. 1/1 1 : 7t Q gt r vmo r G f v. . , , ?y15 n V �s, z Iii a r� $ rilw,,,,,,44•Likii.-1 p iilliS ��; a=ooEi vea■ v g 0.0;'9see jy r#0011 liV o aihk u.a i v1.0.12 a • 13 c (A1�1 co W ,. r > "s °{ "° mr�Tf^#? find -€a, V`x . 'Lt r � e ' ext- ` 0 T -,4,-,t---,,,,-`SSx� Cr) e.. ' 77,0 CD O INg m VLL s. au` 5 A m Q 1 2.CNI a 1. T' kI a 1