HomeMy WebLinkAboutSP201300018 Correspondence 2013-11-14pF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
October 4, 2013
Ms. Brett C. Glymph
Executive Director, Virginia Outdoors Foundation
39 Garrett St., Suite 200
Warrenton VA 20186
Dear Ms. Glymph-
As you are aware, Albemarle County has received an application for a special use permit for a public golf
course, to be located on the Trump Winery property, which is under an easement held by VOF.
We received a copy of your letter of September 13, 2013, to the applicants, in which you mention that
VOF had limited information with which to review the proposal.
Included in this package is a copy of the application materials that the applicants supplied to us, which I
hope will provide the information you need.
I would greatly appreciate it if you could respond to this information and let me know whether or not
VOF considers the proposal to be permissible under the terms of the conservation easement.
If you could reply before November 1 st, which is when our review comments must go out to the
applicants, it would be very helpful.
Thank you for your time, and please let me know if you have any questions or if you need more
information.
Yours sincerely,
Scott Clark
Senior Planner
cc: Brian Fuller, Assistant Director of Stewardship
Virginia Outdoors Foundation
1010 Harris Street, Suite 4
Charlottesville, VA 22903
October 30, 2013
Mr. Scott Clark
Senior Planner
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
RE: Special Use Permit Application and Easement'Compliance
Dear Mr. Clark:
This is in response to your Ietter of October 4, 2013, regarding the application you h<
from Trump Virginia Acquisitions, LLC and Trump Vineyard Estates, LLC for a spc.
permit for a public golf course proposed to be located; on the Trump Winery propem
of which is covered by an open -space easement held by the Virginia Outdoors Founc
(VOF).
Enclosed with your letter was a copy of the application materialq that the applicants
the County of Albemarle's Department of Community Development. You asked thv
review the information enclosed with your letter and let;you know whether or not Vt
the proposal to develop a public golf course, as described in those application mater:
permissible under the terns of the easement held by VCF.
The application includes a variety of information, butj,acks the specific information
support a definitive answer to your question. For example, the map showing a Iayou
proposed golf course contains several disclaimers, including the following: "This lay
conceptual and for informational purposes," and the statement that the "roads [show;
altered with the final design of the golf course."
Certainly, any development of the winery property covered by the easement would I-:
comply with all the terms and conditions of the easement, While the easement docu;
contains no explicit reference to a golf course, either to explicitly prohibit one or to c
permit one, the easement does contain a number of terms and conditions that are pro
the proposed development. These terms and conditions include, among others, a pre
any grading or earth removal that will materially alter the current topography of the
. . . 1. .. _ . _ . _ ..... .. virginiaoutdoorstoundation.org
Executive Office /Northern Piedmont Region 139 Garrett Street, Suite 200 Warrenton, VA 201861 P. 540.3=
The application certainly does not provide information sufficient for VOF to concluc
course can be developed on the winery property covered by the casement. Indeed, b
information currently available and without more, VOF does not believe that the'gre
disturbance depicted on the concept plan or that would otherwise be necessary for a
championship -style golf course would be permitted under the open space easement t
Before this easement was donated to VOF, a previously existing nine -hole golf tour:
removed from the property, and the land that had been used for that purpose was reg
re- naturalized. It is difficult for VOF to reconcile the proposal to develop an eightee
course with the removal of the previous course and with the open space values embe
easement. 1
VOF recognizes that Albemarle County has requested a final determination from VC;
definitive infonmation, about the compliance of the golf course with its easement. Ti
Outdoors Foundation is, unfortunately, not in a position to provide such a detennina'
time. Should the County grant a special use pen-nit for the development of the golf c
will continue to monitor the property very closely to ensure that none of the terns ai
of our easement are violated, and to ensure that the open space values in the essemer
fully protected. We will vigorously enforce this easements. If Trump Virginia Aequ.
and Trump Vineyard Estates, LLC receive a special use permit and proceed with the
development, they do so at their own risk regarding compliance with our easement.
Sincerely,
Brett C. Glymph
Executive Director
- M;/
' It is the established policy of VOF not to accept open space easements on property where a go lfcou
exists.
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