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HomeMy WebLinkAboutZMA199000019 Action Letter Zoning Map Amendment 1990-09-13i INDEX \� COVER LETTER LETTER: PRIVATE ROAD REQUEST ZONING APPLICATIONS EXHIBIT A: VICINITY MAP EXHIBIT B: TEXTUAL STATEMENT EXHIBIT C: PROFFERS EXHIBIT D: ENVIRONMENTAL PLANNING EXHIBIT E: ENGINEERING COMMENTARY ON PRIVATE ROAD CRITERIA EXHIBIT F: RESTRICTIVE COVENANTS (EXAMPLE ONLY) EXHIBIT G: EXPLANATION OF OWNERSHIP (AND TAX MAP INFORMATION) EXHIBIT H: ADJACENT PROPERTY OWNERS INFORMATION EXHIBIT I: MASTER PLAN (REDUCTION) i -.;_ �g r- �j m `� m 1 � � �._ } V! -�) \'�f ' _�/ FRANK A. KE55LER P. O. Box 5207 CHARLOTTESVILLE, VIRGINIA 22905 September 13, 1990 The Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901 The Albemarle County Planning Commission 401 McIntire Road Charlottesville, Virginia 22901 Ladies and Gentlemen: In December 1989, the Albemarle County Board of Supervisors established the Rivanna growth area. This unanimous decision of the Board was consistent with the recommendations of a study by the Office of Planning and Community Development and the unanimous recommendation of the Planning Commission. The action of the Board was preceded by a comprehensive study and review process. This process included a series of work sessions in which the Board, the Planning Commission and the staff of the Office of Planning and Community Development participated. These work sessions and the public hearings which later were held provided the Board and the Planning Commission with the benefit of extensive comment from interested individuals and organizations within Albemarle County. They also provided an opportunity for us to explain our plans for Glenmore and to address questions and take into account concerns which were expressed. Our plans were incorporated into a Preliminary Land Use diagram, supplemented by a series of proffers which, at the time, could not be formally made or acted upon. It was a rewarding experience for us to have been included as an integral part of the County's thoughtful and deliberative exercise of its governmental responsibilities. In the intervening nine month period, we have continued to work on the details of our plan. We have expended in excess of $300,000 on such items as slope analysis, soil studies, wet land analysis, studies of seasonal water tables, drainage swails, the hundred year flood plain and considerations of safeguards to insure the protection of the Rivanna River. The Albemarle County Board of Supervisors j The Albemarle County Planning Commission U September 13, 1990 Page Two It is gratifying to be able to tell you that these extensive studies were confirmatory of our earlier judgments. The plan which we submit to you now is essentially that which was presented almost a year ago. The expert advice which we have received from our engineers, land planners, golf course architects and others confirm that changes to this plan, if any, which may be required in order to implement it would be minor in nature. I expect that studies of this nature are not the norm at this stage of the permitting process. However, we decided it was in our interest, as well as the interest of the County, to proceed as we did in conjunction with Forest Lakes. By "front- loading" the process we are satisfied that we can implement what we propose to you for your approval. Accordingly, we are both spared the necessity of repeated appearances in order to explain, justify and seek approval for changes in the plan. We believe that this approach was particularly successful at Forest Lakes and should be so in respect to Glenmore. We are intent on doing what is required in order to make the administrative process work smoothly, which clearly is in our mutual interest. r Our proposal contains a series of proffers each of which was intended to address a particular area of concern which arose during the time leading to the Board's decision last December. While the value of these proffers in the aggregate exceeds $4 million, each was deemed appropriate on its own merit. We believe, that responsible development requires responsiveness to the needs and concerns of the citizenry and that our sensitivity to those needs _and concerns is confirmed in the nature and extent of the proffers we have made. It must be understood, however, that the proffers make sense only in context of the development of, Glenmore essentially as we have proposed. I have been active in real estate development throughout Albemarle County for 20 years. I am proud of the success we have achieved and the manner in which we have done it. I believe that the extraordinarily good relationships we have enjoyed with all levels of Albemarle County government can be attributed to our willingness to respond in a positive way to the County's needs and desires. We have been successful in the marketplace because we have delivered what we have promised to deliver. A great amount of thought and energy has been devoted to conceptualizing Glenmore in a way that will be of tremendous value to the community. We are convinced that we have taken into account in all respects the safety and welfare of Albemarle County and its citizens and that by any measure Glenmore will be an invaluable r asset to Albemarle County. J The Albemarle County Board of Supervisors The Albemarle County Planning Commission September 13, 1990 Page Three I respectfully request that our application for re- zoning be approved and I look forward to the opportunity to present the details of our plan to you and to respond to any questions you may have. FAK /rab Sincerely, FRANK A. KESSLER R. O. Box 5207 CHARLOTTESVILLE, VIRGINIA 22905 September 14, 1990 Mr. Wayne Cilimberg Director of Planning and Community Development Albemarle County Office Building 401 McIntire Road Charlottesville, Virginia 22901 Re: Glenmore - Private Road Request Dear Mr. Cilimberg: This shall constitute my request that the Albemarle County Planning Commission exercise its discretion and grant private road usage in the Glenmore subdivision. As you know specific provision for the exercise of such discretion is contained in Section 18 -36 of the Albemarle County Subdivision Ordinance when certain designated criteria are met. Section 18 -36(c) provides, in relevant part, that the Planning Commission "- -may approve private roads in any case in which the subdivider, in accordance with Section 18 -36(h) - - - -, demonstrates to the reasonable satisfaction of the Commission that: For a specific, identifiable reason, the general public interest, as opposed to the proprietary interest of the subdivider, would be better served by the construction of such roads than by the construction of public roads. In the case of such approval, the commission may require such assurances from the subdivider in a form acceptable to the county attorney as it may determine to be necessary to protect the public interest with respect to such roads." In turn, Section 18 -36(h) requires that a subdivider seeking approval pursuant to Section 18 -36(c) to incorporate private roads in a subdivision file with you a written request setting forth the reasons and justifications for such request and any alternatives which may be proposed. This request is a pre- condition to consideration of the application by the Planning Commission which must consider your recommendation. For the reasons set forth below, we believe that we shall establish that the general public interest will be served by the Mr. Wayne Cilimberg !_ September 14, 1990 Page Two inclusion of private roads within Glenmore and on that basis solicit your recommendation of approval of our request to the Planning Commission. As you are aware, I have had considerable experience as a real estate developer throughout Albemarle County. I believe that my, sensitivity to the general public interest has been amply demonstrated in my approach to development. It is this experience upon which I have drawn in forming the firm belief that private roads in Glenmore will indeed serve the general public interest, including the interests of the hundreds of families who will reside there. I have grouped the reasons which underlie and substantiate this conclusion into four general categories, although there is a significant amount of overlap among them. Security: Glenmore is located in a relatively underpopulated area of Albemarle County. It is expected that some of the homes at Glenmore, particularly the golf cottages, will from time to time be unattended for extended periods. Private roads will enable us to restrict access to the subdivision and to enhance the safety and physical security of the development and its residents -�) by means of a security office at the main entrance to the property which will be attended 24 hours a day. Additionally, the nature, extent and location of the amenities which will be present at Glenmore increase the security problems which would accompany uncontrolled access. There have been several instances of vandalism to the amenities at Forest Lakes and I am aware that on several occasions vehicles have been driven on the golf greens at Farmington. Breaches of the public order not only affect those who are the victims of the offenses, but necessarily bring about the involvement of local law enforcement officials. Clearly this enhanced physical security and the attendant peace of mind to the homeowners, which will be accomplished without the expenditure of any county revenue, is in the general public interest. Safety: Implementation of a network of private roads will enable the residents to establish maximum speed limits, not to exceed 25 m.p.h., on all roads, irrespective of state standards for speed limits which are predicated on anticipated traffic volume. Low speed limits diligently enforced and restrictions on right of access will contribute significantly to minimizing the �' likelihood of vehicular accidents. Mr. Wayne Cilimberg September 14, 1990 `. Page Three Enhancement of Recreational Activities: Glenmore will contain an eighteen -hole golf course as well as jogging paths, bridle trails and nature preserves. Each of these activities would be negatively impacted by the interposition of a state road network. The routing of the golf course will require road crossings at a number of locations. State roads would necessitate a series of underpasses to enable golf carts, as well as golfers carrying their bags or using pull carts, to traverse the roads. With private roads, safe surface crossings can be established with vehicular traffic and speed controlled by, for example, use of signage or fencing, so as to ensure a safe recreational experience. The aesthetic value of eliminating these underpasses is, I believe, sufficiently obvious. Farmington Country Club has had a successful experience in this regard for sixty years. Joggers and horse riders, strollers and nature lovers will also be able to participate in their recreational activities with much less constraint and concern if the roads within Glenmore are private. / Environmental Enhancement: Glenmore is a uniquely beautiful and environmentally bountiful property. It is our intention to preserve and maintain this environmental richness. We are determined to save every tree which can be saved and to perpetuate the natural beauty which presently abounds. Private roads will enable us to size road beds and to treat the rights of way in a manner which is environmentally sound yet which is consistent with an overriding concern for a safe environment. State highway standards, understandably, have to be capable of broad application. Unfortunately, in some cases the - application of these standards wreaks havoc with the environment and scars the landscape. An example with which I am intimately - familiar may be seen at Forest Lakes where 50 foot swaths have been carved through wooded areas in order the meet the state Is right of way requirements. It is difficult to envision Glenmore ravaged by similar 50 foot swaths devoid of trees and shrubs. I mention this not to be critical of the state standards per se but to underscore my belief that those standards are inappropriate in certain cases. Glenmore is one of those cases. I want to make clear to you what I am not trying to do. I am not interested in avoiding within Glenmore the construction standards imposed by the state for roads which will be incorporated into the state system. At Forest Lakes, for example, I installed curbs and gutter although the state specifications did �/� not so require. In this respect roads in Glenmore will meet or Mr. Wayne Cilimberg September 14, 1990 Page Four exceed the state's specifications for depth of base and surface treatment for secondary roads and I am prepared to memorialize this understanding in such form,as you deem appropriate. Additionally, I want to anticipate one area of potential concern which often arises with respect to private road proposals. Roads and road systems have to be maintained and private roads need to be maintained through private revenue sources. I can assure you that the by -laws of the Glenmore Homeowners Association will require that the roads' in. Glenmore be maintained at a high standard. A portion of the annual dues to be paid by each landowner in Glenmore will be escrowed and dedicated to road maintenance. The Department of Transportation's regulations on Subdivision Street Requirements suggests amounts which are required for this purpose on a per mile basis.• I suggest that these standards are appropriate guidelines and will be incorporated into the by -laws of the homeowners association. We, of course, will also be amenable to such other assurances as you and the County Attorney, Mr. St. John, may deem appropriate for this purpose. We realize that the county views private roads as departures from the general rule and as appropriate only in exceptional circumstances. Glenmore, as a housing estate in a rural setting, incorporating an eighteen -hole golf course and an equestrian center, represents a particularly unique situation. One would have to go back sixty years to the development of Farmington to find a parallel in Albemarle County. For this reason, it is highly unlikely that Glenmore would serve as an effective precedent to support subsequent private road requests in the county. I close by noting one additional and significant benefit of private roads. Private roads are built, improved and maintained without the expenditure of any public funds. I cannot over - emphasize the importance of private roads to the realization of the visions I have for Glenmore. Inclusion of state roads in the planning base would cause us to re -think the whole of the project and its economics. For the reasons set forth above, I believe that Glenmore represents a particularly appropriate case for the Planning Commission in the exercise of its discretion to grant private road usage. I request that this be done and respectfully ask that you make a recommendation to the Commission to that effect. Mr. Wayne Cilimberg September 14, 1990 Page Five I appreciate your interest and I look forward to meeting with you to discuss our request and to clarify or expand upon what is contained herein. Sincgrely, FAK /rab Frank A. Ke sl r