The URL can be used to link to this page

Home My WebLink AboutZMA199900016 Action Letter Zoning Map Amendment 2000-04-27 .... LIVltt ïC¡-lb ~ COUNTY OF ALBEMARLE Department of Planning & Community Development 40 I McIntire Road, Room 2 I 8 Charlottesville. Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 · April 27, 2000 Don Franco The Kessler Group POBox 5207 Charlottesville, VA 22905 RE: ZMA-99-16 Glenmore Associates Limited Partnership Tax Map 79, Parcels 34, 35A, 35" 28, and Tax Map 93"Parcel 62 Dear Mr. Franco: The Albemarle County Board of Supervisors, at its meeting on April 19, 2000, approved the above-noted request to rezone 37.96 acres from Rural Areas to Planned Residential Development to add acreage to the Glenmore PRO, increase the maximum allowable single family units in the Glenmore PRO from 775 to 889, and to modify proffers. Please note that this approval is subject to the attached proffers · If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, U,W U . V. Wayne ~~rg '------.. Director Of~~~~~~g & Communi Development , VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Bob Ball, VDOT · .. Date: 4/5/00 Original Proffer Amended Proffer X- (Amendment # 1) PROFFER FORM 79-34, 79-35A, 79-35 7 01 79-32, 79-28, 93-62 ZMA # 9- 6 Tax Map Parce/(s) # . 38 Acres to be rezoned from RA PRD to . Pursuant to Section 33.3 of the Albemarte County Zoning Ordinance the owner or Its duly authonzed agent. hereby voluntartly proffers the conditions listed bel~w which shall be apphed to the property. If rezoned. These conditions are proffered as a part of the requeste~ :ezonrng and It IS agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. 1. The development of the Property will be limited to those uses allowed by right under Section 19.3.1 (1), (5), (6), (7), (8), (9) and (10) of the Zoning Ordinance of Albemarle County, Virginia (hereinafter referred to as the Zoning Ordinance) as that Section is in effect on April 16, 1997, with a residential development not to exceed 813 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 ofa private country club and recreational facilities including but not limited to tennis, swimming, a golf course \\lith related club house, and equestrian center. To be excluded ÍÌ"om use by right or special use permit under the Zoning Ordinance 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 GIenmore made by Clower Associates, Inc. dated November 2, 1990, together with an appropriate right of way, provided owner may require reasonable visual screeninglbuffering of the 27 acres. If the County does not request the referenced land by April 12, 2010 or the parcel is no longer necessary for the designated uses, the referenced land shall be returned to Glenmore Associates or its designee. 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 facilitiesas the County'may select a parcel of approximately 6.0 acres as, shown on the Application Plan for Glenmore made by Clower Associates, Inc. dated November 2, 1990, together with an appropriate right of way, provided owner may require reasonable visual screeninglbuffering of the six acres. . If the County does not request the referenced land by April 12, 2010 or the parcel is no longer necessary for the designated uses, the referenced· land shall be returned to Glenmore Associates or its designee. 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 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 normally included in C.I.P. directly related to this project (Glenmore). ~, ,I?· These 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 for the same purposes as the original $1000.00 contribution. It is requested that Frank A. Kessler or his family be consulted in connection with naming of any facilities for which these funds are used. If the County does not use the established fund by April 12, 2015, all funds in the escrow account shall be returned to Glenmore ~sociates or its designee. 5. To provide water and sewer collection, distribution and treatment facilities at the owner's expense for the residential lots in Glenmore and private 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 ofthe 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 J Albemarle County and it shall be 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 residents of Glenmore and members and guests of the private country club and may build riding trails or make sinùlar 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 the 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 a s open space for the 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. If the County does not request the referenced land by April 12, 2010 or the parcel is no longer necessary for the designated uses, the referenced land shall be returned to Glenmore Associates or its designee. ~., 7. (a) Road A as shown on the Application Plan of Glenmore made by Clower Associates, Inc. dated November 2, 1990 shall be built at time of residential lot development to VDOT standards and placed . in the State Secondary System :trom U.S. Route 250£ to Point A as shown on the aforesaid Application Plan of Glenmore. (b) Upon request of Albemarle County, Virginia, to dedicate as right-of-way for public road purposes (i) a strip ofland not to exceed sixty (60) feet in width :trom Point A to Point B as shown on the aforesaid Application Plan ofGlenmore and (ü) an existing strip ofland of variable width owned by Glenmore Associates and known as Ashton Road, :trom the terminus ofGlenmore Way (SR 1054) through the entrance to the last private lot served by this road. (c) At the time of recordation of the final plat for Section S4, to contribute $70,000 to an escrow fund to be established by Albemarle County for master planning, road design and construction in the Village ofRivanna . If the County does not request the referenced land by April 12, 2010 or the parcel is no longer necessary for the designated uses, the referenced land shall be returned to Glenmore Associates or its designee. If the County does not use the established fund by April 12, 2010, all funds in the escrow account shall be returned to Glenmore Associates or its designee. 8. (a) To construct within the existing right-of-way ofU. S. Route 250£ and ifnecessary 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 ofVDOT on U. S. Route 250£ at the entrance to Glenmore a traffic signal, provided the request :trom VDOT is made prior to completion of Glenmore which for purposes of this paragraph shall be deemed to be the day thetast residential lot is sold to a third party purchaser or April 12, 2010, whichever first occurs. (c) At the time of closing of the sale of each residential lot henceforth or issuance ofa certificate of occupancy for each residential lot, whichever first occurs, to contribute $1,300 to an escrow fund established by Albemarle County for a capital improvement fund for use by Albemarle County and VDOT for (1) public right of way improvements on Richmond Road (SR 250) between Louisa Road (SR 22) and Glenmore Way (SR 1054)" or any other transportation related improvement items in the Albemarle County Capital Improvement Program and relating to the Village ofRivanna and the Route 250£ corridor. Ifthe County does not use the established fund by April 12, 2010, all funds in the escrow account shall be returned to Glenmore Associates or its designee. . 9. In the event that there shall not have been substantial performance ofproffers contained in paragraphs 2,3,4 and 5 within ten (10) years from the date offinal approval ofZMA 90-019, then the undersigned applicant agrees to waive his rights under Virginia Code Section 15.2-2303. Substantial performance shall include (1) donation of the land described in paragraphs 2 and 3 of this proffer, if requested bv Albemarle County. (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 PIan dated November 2, 1990 and last revised April 12, 2000, and Glenmore Rezoning Application dated September 24, 1990 and amended April 12, 2000 including textual program of development as approved under ZMA 99-016 and amended by prior rezoning actions. 11. Maintenance of private roads and private drives serving two lots will be in accord with Section 18-7 and Section 18-36 of the County's Subdivision Ordinance as it exists on April 16, 1997. 12. At least one deputized security officer (special police officer) shall be employed for security purposes. 13. Vehicular access to Section 41 ofGlenmore will be through the existing private road network within Glenmore. Ashton Road may be used for emergency access. This proffer does not affect Proffer 7 above. t.1 ThÞ~ n...n.fFpr~ arp. ~l1h~titllted in Dlace ofDloffers dated February 11, 1998. , GLENMORE ASSOCIATES FRANK A. KESSLER, GENERAL PARTN~~6/00 Printed Names of All Owners F~ CHARLES CARMICHAEL ~e~ JANET MARTIN CARMICHAEL (TMP 79-32) qÆ~. Date /f . Ignatures of All Owners . 7·tÆ~a dJ ~.~h~GL,;j"p , 4/6/00 4/6/00 Ø/P=/:-ÁaJ ~ Signature of Attorney-in-Fact (Attach Proper Power of Attorney) OR LLOYD·, W. HOWARD SR (~MP 79-28, 93-62)' Printed Name of Attorney-in-Fact ot¡Jt/Dõ .", PROFFORM.WPD Rev. December 1994 1:) z U1 C} U1 oJ ~ '" ::: v .. " .. .. '" '" ;' ~ .. .. ~ " .¡ >- " " Ii " ø " '" '" .. '" '" '" '" " <> '" :a ::¡ ¡¡¡ ¡"¡ .. " ;: f^ .. '" ill" '" ~ " () " ~~;¡"I< ... (f) '" '" N G��NMOt?C ��ANN�b 1�51b�N1"IA, b�V��01�M�N1" i}gvli d'w G/m for zw W -016 /iprd 12 -C'00 � Seale l" 400' p roved �,� i,�� `(�� • h„ - it - I -, X11(" i 1.11..1 (, 'I li. 1 niw ro�asr • zrnll � N�lrnllNNi' ;w Cr4p M RN MN 1 � rinrl, nv�mrr ,/ l "AR MNY II,`II�- ,J IMr,V t? �C / � SCF UM111Pi IA IA IA \ R0 AN A ,�►.,► N. La FA o - _ •- ' v APOCA110N FLAN N01E5 1, Pete? to ZMA 90-019, .and subsequent reVIOAMs, For- �epproxlm*e 1#wth , For Ptvmna Over aid Ca-rdl Creek fla dplam, crtucal slgaes, and areas to remah wooled, I 2 future re-4/dent/al sectkm to be developed In general accord whir the crlghal rezar1rq appl1catkn rcr- ZM4 90 -019, and subsequent rev1sl27s, 1 F'rnperl•irc Noi.'�ll:�j.�, I > +� %AM ��'� -( )IFi �\ J. MAlkl "m4 IA,cy h,, - -. � ,iarl.+ `u,w�a�� f'��If,TI• • fl,rl.urc I;'r irlcr�aal':>cc +aorl , � , w Cif. —" Prlvcd PA -I Liml +,• of (nlcrryyc FV) -- - Na .rc% [ -quc-' +.Tian "fail mr.,r „i(fa1'q L imii.s of 6rc(maa �m, / , -4.orl Koad and.rarta 5cwer Proper {,Iililrr f'ar;; )c.1 urvlcr IMA)` C” CVQ a T z co