HomeMy WebLinkAboutZMA199000019 Action Letter Zoning Map Amendment 1992-02-03r
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlot(esville, Virginia 22901 -4596
(804) 296.5823
February 3, 1.992
Mr. Frank A. Kessler
Post Office Box 5207
Charlottesville, VA 22905
RE: ZMA -90 -19 - Frank Kessler
Dear Mr. Kessler:
This action letter is being reissued to clarify the acreage
rezoned with the approval.of ZMA- 90 -19.
The Albemarle County Board of Supervisors, at its meeting on
December 5, 1990, approved ZMA -90 -19 as proffered in
Attachments 1 -7 entitled: "Proffer for Tax Map 93, Parcels
59 & 60; Tax Map 79D, Section 3, Parcels 6 and 7; and Tax
Map 94, Parcels 2 and 11, in Connection with Petition to
Rezone to Planned Residential, Development (PRD) with
Private Roads ", dated November 8, 1990, Frank A. Kessler,
Applicant and Owner, together with modifications and
recommendations for private roads.
Attached please find a copy of the Board of Supervisors
action letter which outlines, in detail, the Board's
approval. However, the attached description of the property
indicated 1195.02 acres to be rezoned to PRD when it should
have stated 1141.38 acres. The 53.64 acres which you
withdrew from the application on November 2, 1990 (reference
the attached letter and plat) was not accounted for in the
description included in the Board of Supervisors' actions of
December 5, 1990. Although this 53.64 acres remains zoned
RA, Rural Areas, the proffers on the PRD rezoning
application (ZMA- 90 -19) still apply to that property.
Frank,KeVler
Pd-ge"
February 3, 1992
If you should have any questions or comments regarding the
above noted action, please do not hesitate to contact me.
Sincerely,
V. Wayn7-Cilimberg
Director of Planni g nd Community Development
VWC/blb
cc: Amelia Patterson
Richard Tarbell
Paula Eubank
Lettie E. Neher
Jo Higgins
AMENDMENT TO RE- ZONING PETITION AND SPECIAL USE PERMIT
r APPLICATIONS DATED 9 /20/90 CONCERNING 1) TM 79D(3)6,
2) TM 79D(3)71 3) TM 93 -59, 4) TM 93 -60, 5) TM 94 -2 and
6) TM 94 -11
1. There is withdrawn from the zoning petition and special
use applications 53.64 acres as shown on the attached plat of
Roudabush, Gale & Assoc., Inc. dated October 29, 1990 entitled
"Composit Plat of 2 Tracts of Land Containing a Total of 53.64
Ac. + A Portion of Parcel 59 T.M. 93 Glenmore Near Shadwell
Albemarle County, Virginia".
2. The request for a special use permit to allow a fire
and rescue squad station under Section 19.3,2(2) of the zoning
ordinance is withdrawn.
3. Adjoining tracts of property for the mailing of notice
as shown in Exhibit H with the original petition is amended',to
include;
Monticello Slate Corporation
c/o Lesueur- Richmond Slate Corp.
P.O..Box 8
Arvona, Virginia 23004
Tax Map 93 -59A (mineral rights)
November 2, 1990
Date
BAGCM001 -AMD
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Respectf lly submitted,
Frank A. Kessl,p,t, Owner
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COMPOSITE PLAT OF
2 TRACTS OF LAND
CONTAINING A TOTAL OF 53.64 AC. t `
A PORTION OF PARCEL 59 T.M. 93
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NEAR SHADWELL o 'C)
ALBEMARLE COUNTY, VIRGINIA 1111
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ROUDABUSN, GALE & ASSOC., INC,
A Prolauonal Corporation
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COMPOSITE PLAT OF
2 TRACTS OF LAND
CONTAINING A TOTAL OF 53.64 AC. t `
A PORTION OF PARCEL 59 T.M. 93
G LIElYMOR E \
NEAR SHADWELL o 'C)
ALBEMARLE COUNTY, VIRGINIA 1111
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ROUDABUSN, GALE & ASSOC., INC,
A Prolauonal Corporation
CERTIFIED LAND SURVEYOR — ENGINEER
SCALE: _1 = ?nn' onTE: OCTOUER 29.19�'jn Cll\,lonnwill+,Virginin
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COUNTY OF ALBEMARLE
OFFICE OF BOARD OF SUPERVISORS
401 MCINTIRE ROAD
CHARLOTTESVILLE, VIRGINIA 22901-4596
M E M O R A N D U M
V. Wayne Cilimberg, Director of Planning
and Community Development
Lettie E. Neher, Clerk
December 10, 1990
1•,� I�...t tt 1 J.�Y,,�JI��.r!
D,�C 10 1990
SUBJECT: Board Actions of December 5, 1990
At the Board of Supervisors meeting held on December 5, 1990, the following
action was taken;
Agenda Item No. 16. ZMA- 90 -19. frank Kessler. Public hearing on a
request to rezone 1195.02 acre from Rural Areas to Planned Residential Develop-
ment (proffered). 'Property bordered by Rt 250 on the north and by the Rivanna
River on the south and west. 'lax Map 79D,.Section 3, Parcels 6 & 7; Tax Map 93,
Parcels 59 & 60; Tax Map 94, Parcels 2 & 11. Rivanna District. APPROVED
ZMA -90 -19 as proffered in Attachments 1 - 7 (all as set out below) entitled:
"Proffer for Tax Map 93, Parcels 59 and 60; Tax Map 79D, Section 3, Parcels 6
and 7; and, Tax Map 94, Parcels 2 and 11, in Connection with Petition to Rezone
to Planned Residential Development (PRD) with Private Roads ", dated November 8,
1990, by Frank A. Kessler, Applicant and Owner, together with modifications and
recommendations for private.roads.
PROFFER FOR TAX MAP 93, PARCELS 59 AND 60,
TAX MAP 79D, PARCELS 6 AND 7, SECTION 3, AND TAX MAP
94, PARCELS 2 AND 11 IN CONNECTION WITH
PETITION TO REZONE TO PLANNED RESIDENTIAL
DEVELOPMENT (PRD) WITH PRIVATE ROADS
Applicant, as the owner of Tax Map 93, Parcels 59 and 60, Tax Map 79D,
Parcels 6 and 7, Section 3, and Tax Map 94, Parcels 2 and 11, collectively
hereinafter sometimes called the "Property ", hereby proffers:
^ll 1. The development of the Property will be .limited to those uses allowed
-J by right under Section 19.3.1 (1), (5), (6), (7), (8), (9) and (10) of the
Zoning Ordinance of Albemarle County, Virginia,, with a resideihtial., ;`d'evelopment
not to exceed 750 single family units together with a site for a school, and a
site for a fire house; either of which sites may be used for other public use
facilities, and development of a private country club and'recreational facili-
ties including but not limited to tennis, swimming, a golf course with related
club house, and an equestrian center. To be excluded from use by right or
special permit under the Zoning Ordinance of Albemarle County, Virginia, are
Section 19.3.1 (2) and (3); and Section 19.3.2 (1), (3), (5), (6) and (7).
2. Upon the request of Albemarle County, Virginia, to donate by gift to
Albemarle County or its designee, subject to items of record affecting title,
for a public school or other public use facilities as the County may select a
parcel of approximately 27.0 acres as shown on the Application Plan for Glenmore
made by Clower Associates; Inc., together with an appropriate access right of
way, provided owner may require reasonable visual screening /buffering of the 27
acres.
3. Upon the request of Albemarle County, Virginia, to donate by gift to
Albemarle County or its designee, subject to items of record affecting title,
for a fire department or other public use facilities as the County.may select a
parcel of approximately 6.0 acres as shown on the Application Plan for Glenmore
made by Clower Associates, Inc., together with an appropriate access right of
way, provided owner may require reasonable visual screening /buffering of the six
acres.
4. At the time of closing of.the sale of each residential lot or the
issuance of a certificate of occupancy for'each residential lot, whichever first
occurs, to contribute $1000.00 to an escrow fund to be established by Albemarle
County for (1) a school capital improvement fund for use by Albemarle County to
either expand the capacity of Stone Robinson Elementary School or to construct a
new school on the site described in paragraph 2 of this proffer, or (2) the
costs, including any awards to the owner of the mineral rights, associated with
condemnation of mineral rights for the property described in paragraphs 2 and 3
of this proffer, or (3) other items in the Albemarle County Capital Improvement
Program (C.I.P.) related to this project (Glenmore) or to other items not nor-
mally included in C.I.P. directly related to this project (Glenmore).
The funds shall be held by the County in an interest bearing account with
an annual accounting to the owner. All interest earned on the account shall be
used only for the..same purposes as the original $1000.00 contribution. It is
requested that f'rank.A. Kessler or his family be consulted in connection with
the naming of any facilities for which these funds are used.
5. To provide water and sewer collection, distribution and treatment
facilities at his expense for the yesidential lots in Glenmore and private
country club and to dedicate such facilities to the Albemarle County Service
Authority and /or the Rivanna Service Authority. These facilities are to be
built at no cost to the taxpayers of Albemarle County or to the customers of the'.''
Albemarle County. Service Authority.
6. To reserve along the boundary of the Property adjacent to,,the Rivanna
River a 100 foot wide green belt. No buildings shall be constructed, or erected
within the green belt without- the consent of Albemarle County and it shall be
Memo To: V. Wayne Cilimberg
Date: December 10, 1990
Page 3
preserved in its natural state except for building of pedestrian and riding
trails and general beautification including but not limited to the clearing of
underbrush,,removal of dead trees and shrubs, and cleanup of the river. The
owner may grant across the green belt utility easements, access easements to the
Rivanna River for the residents of Glenmore and members and guests. of the pri-
vate country club, and may build riding trails or make other similar uses of the
area.
At such time as the County of Albemarle decides to establish along the
Rivanna River a public area or park, the 100 foot wide green belt area, upon
request of Albemarle County, will be conveyed by gift and dedicated to the
County, provided the uses allowed for utilities, accesses to the river, and
riding trails, etc. are reserved in the deed of gift and provided further that
the green belt area will continue to be counted as open space for purposes of
the Glenmore Master Plan and required density. The green belt may continue to
be maintained by the owner of the property, however in the absence of such
maintenance Albemarle County at its option may maintain the 100 foot wide green
belt.
7. (a) Road A as shown on the Application Plan of Glenmore made by Clower
Associates, Inc. shall be built at time of residential lot development to VDOT
standards and placed in the State Secondary System from U.S. Route 250E to Point
A as shown on the aforesaid Application Plan of Glenmore.
(b) Upon request of Albemarle County, Virginia, to dedicate as a `
right -of -way for public road purposes (i) a strip of land not to exceed sixty
(60) feet in width from Point A to Point B as shown on the aforesaid. Application
Plan of Glenmore and (ii) an existing strip of land of variable width owned by
the owner from Point B to Point C as shown on the aforesaid Application Plan of
Glenmore.
(c) To construct a road to VDOT standards from Point C extending
through the northeastern portion of the development in a location and with a
termination point to be determined by the owner. It is intended that this
roadway shall provide access to properties northeast of Glenmore in at least one
location. To dedicate at such time as owner may select or upon request of
Albemarle County, Virginia, whichever first- occurs, the road described in this
paragraph, 7(c), together with a right -o.f -way, including the built road, not to
exceed 60 feet in width.
8. (a) To construct within the existing right -of -way of U.S. Route 250E
and if necessary' partially on the property currently owned by owner an ultimate
entrance to serve Glenmore. This shall be constructed at the time of initial
residential lot development in Glenmore or at a later date if approved by VDOT.
(b) To install upon the request of VDOT on U.S. Route 250E at the
�j entrance to Glenmore a traffic signal, provided the request from, VDOT is made
prior to completion of Glenmore which for purposes of this pargraph� shall be
deemed to be the day the last residential lot- is sold to a third panty purchaser
or 15 years from date of final approval of the Zoning Map Amendment, whichever
first occurs.
Memo To: V. Wayne Cilimberg
Date: December 10,_1990
Page 4
(c) Providing the work is completed within 15 years from date of final
approval of this Zoning Map Amendment, to contribute upon.completion (i) a
pro -rata contribution of the cost of construction (as hereinafter defined) to
four -lane U.S. Route 250E from the Glenmore entrance to Route 22, or (ii)
$500,000.00, whichever sum is less. .
A traffic count on U.S. Route 250E shall be made by VDOT immediately to
the east of the intersection of U.S. Route 250E and Route 22 within a reasonable
time prior to construction with the pro -rata contribution of the owner deter-
mined by a formula which includes a fraction the numerator of which is the
traffic count on U.S. Route 250E between the Glenmore entrance and Route 22
attributable to residences in Glenmore and to the country club facility in
Glenmore (Glenmore Traffic) and the denominator of which is the total traffic
count on U.S. Route 250E between the Glenmore.entrance and Route 22 (Total
Traffic) as follows:
Glenmore Traffic X Construction Cost Pro -Rata Contribution
Total Traffic
(9) In the event that there shall not have been substantial performance of
proffers contained in paragraphs 2, 3, 4 and 5 within ten (10) years from the
date of final approval of this Zoning Map Amendment, then the undersigned appli-
.cant agrees to waive his rights under Virginia Code Section 15.1- 491(al). Sub-
stantial performance shall include (1) donation of the land described in para-
graphs 2 and 3 of this proffer, if request-ed h Albemarle Count (2) payment- of
at least $150•,000.00 in cash pursuant to paragraph 4 of this proffer, and (3)
construction and dedication to the appropriate authorities of the public water
and sewer facilities pursuant to paragraph 5 of this proffer.
(10) Development shall be in general accord with the Application,Plan and
Glenmore Rezoning Application including textual program of development as de-
scribed in Exhibit D to the petition. final development plans shall incorporate
all comments and recommendations of the SRC of October 11, 1990.
(11) All private roads shall be constructed to.VDOT mountainous terrain
standards, however, clearing of private road easements shall be restricted to
matters of safety as identified by the County Engineer in the final review
process. Road maintenance fees shall be in accord with VDOT subdivision streets
maintenance fees (as amended from time to time) and provisions satisfactory to
the County Attorney shall be made for continuous collection and expenditure of
such fees. At least one deputized security officer (special police officer)
shall be employed for security purposes.
•(12) These proffers are substituted in place of proffers dated September
20, 1990.
Signed by F. A. Kessler on 8th day of November, 1990.
Modifications pursuant to Section 8.5.4(d) of the Zoning Ordinance and
referenced private roads as follows:
i
Private roads are authorized under the Subdivision Ordinance
provision of §18 -36(c) and [due to density comparable to RA,,
Rural Area zoning] §18 -36(b) subject to proffer 11.
Lotting configuration as proposed by Glenmore rezoning
application: Approval of modification of §4.11.3 of the
Zoning Ordinance as proposed in Exhibit B subject to Fire
Official approval as outlined in Site Review Committee
comments of October 11, 1990.
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