HomeMy WebLinkAboutZMA199700008 Action Letter Zoning Map Amendment 1998-02-11
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296·5823
February 24, 1998
Glenmore Associates Limited Partnership
POBox 5207
Charlottesville, V A 22905
RE: ZMA-97-08 Glenmore Associates Limited Partnership
Tax Map 94, Parcel 50
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¡he ;\lbemarle County Board of Supervisors, at ~ts meeting on February 11, 1998, approved the
. a1jove-noted reques~ to rezone eleven (11) acres fr9m .Rural Area to Planned Residential
Developmelllt in order to add adjoin.i.ng l~d intb thë.GlerÍmore PRD. Please note that this approval
is stlbject.to the applicant's proffèrs dated August.28, 1997 (copy attached).
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If you have any questiens or comments regarding the above-noted action, please do not hesitate to
contact me.
Sincerely,
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VWC/jcf
ATTACHMENTS
.c:
Amelia McCulley
Jack Kelsey
Tom Gale
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Original Proffer
Amended Proffer -
(Amendment #---.J
PROFFER FORM
Date: 8/28/97
ZMA#
Tax Map Parcel(s) #1'M93A1, Parcell,
TM93 Parcels 61 &61B, TM94~50, 93-61A
11.041 Acres to be rezoned from . RA
to PRD
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning 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.
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The development of the Property will be limited to those us~s fIlowed by right under Section
1~.3.1 (1). (S), (6),·(7)...(8~, (9) an,d (10) of the Zoning Ordimincè..f Albemarle County,
. Vlfginia (hereinafter referrèlto as the Zoning Ordinanc~ as that Section is in effect on April
1.~, .1997. with a residential development not to exceed 775 single family units together with a . /
site for ~ school; and a site tór a firehouse. either ofwhÏch sites may be used for other publié .
'., use facilities1 and~evelopment of a private couptry club and recreational facilities including
bufnot linútea to tènniš; swhmmng. a golf course with related club house. and equestrian
center. To be excluded trom 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).
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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. dated November 2, 1990,
together with an appropriate right of way. provided owner may require reasonable visual
screeninglbuffering 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 asthe County may s.elect 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
screening/buffering of the six acres.
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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 S1000.00 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
nonnally included in C.I.P. directly related to this project (Glenmore).
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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 S1000.00 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.
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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 Couqty or to the customers of
the Albemarle County:Service Authority. .
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, _. T<>·reseMl~ alo~~ ¡he bo~nda¡y of the prop~~ adjacentJø tRe Ri~River a 100 ·Foot wide
,~' green belt. Nctbhildingt shall be constructed, or erected within t~~ 'green belf without the
,... .. .conseut of Albemarle County and it sbalt be preserved in its 'nantal state except for building
Iloo of pedestrian and riding trails and general beautification including but not limited to the
.' ,cl~aring of underbrush, removal of dead trees and shrubs, and cleanup ofthe.ri"er. .:rOe owner
may grailt a~rosS~the green bèlt utility easements, access easements to the Rivanna River for
residents of Glerimore and members and guests of the private country club and may build
riding trails or make similar uses of the area.
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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. .
7.
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(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 from U.S. Route 250E to Point A as
shown on the aforesaid Application Plan of Glenmore.
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(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 from Point A to Point Bas
Shown on the aforesaid Application Plan ofGlenmore 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
App~ication Plan of Glenmore.
( c) To construct a road to VDOT standards iTom Point C extending through the northeastern
portion of the development in a location and with a tennination point to be detennined 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 tlús
paragraph, 7 (c), together with a right-of-way. including the built road. not to exceed 60 feet
in width.
8. (a) To construct within the existing right-of-way ofU. S. Route 250E and ifnecessary
partially on the property currently owned by owner an ultimate entrance to serve GIenmore.
This shall be constructed at the time of initial residential lot development in Glenmore or at a
later date if approved by VDOT.
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, (b) To instáll up'on the request ofVDOT ,on q. S. Route 25'ð"E:'at the entrance to Glenmore a
traffic signal. provided the' requeSt from VDbT is made priOr to completion ofGlenmore
. which for purposes of this para~aph $hall be deem~~ to be the.dæy thc;...last residential lot is
sold to a third party purchaser or 15 years from dare of final approval of ZMA 90-19,
whichever first occurs.
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(c) Providing the work is completed witlUR 15 years from date of final approval of ZMA
90-19. to contribúte 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.
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A traffic count on U. S. Route 250E shall be made by VDOT immediately to the east of the
intersection ofU. S. Route 250E and Route 22 within a reasonable time prior to construction
with the pro-rata contribution of the owner detennined by a fonnula which includes a fraction
the numerator of which is the traffic count on U. S. Route 250E between the GIenmore
entrance and Route 22 attributable to residences in Glenrnore and to the country club facility
in GIenmore (Glemnore Traffic) and the denominator of which is the total traffic count on
U. S. Route 250E between the Glenmore e~trance and Route 22 (Total Traffic) as follows:
Glenmore Traffic X Construction Cost = Pro-Rata Contribution
Total Traffic
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In the event that there shall not have been substantial performance of proffers contained in
paragraphs 2.3.4 and 5 widún ten (10) years crom the date offinaJ approval of this Zoning
Map Amendment. then the undersigned applicant agrees to waive lús rights under Virginia
Code Section 15. 1-491 (aJ). 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 oftlús proffer, and (3) construction
and dedication to the appropriate authorities of the public water and sew~r facilities pursuant
to paragraph 5 of this proffer.
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10. Development shall be in general accord with the Application Plan dated November 2. 1990
revised August 20. 1997. and Glenmore Rezoning Application dated September 24. 1990 and
amended November 2, 1990 including textual program of development as approved under
Zlv1A-90-19 and amended by subsequent rezoning actions. Final development plans shall
incorporate all comments and recommendations of the SRC of October II, 1990.
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.
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12. At least one dèputiZéd"sécurity officer (speciaJ1IJ0lice officer) shall be employed for security
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. -'., 1:3. Velùcular' access to Section 41 of Glenmore wil1 be"through the existing private road network
'- ";'.,~... witlún Glerunore. Ashton Road may be used for emergency access. This proffer does riot "
affect Proffer 7 above.
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14. These pro~ers are substituted in place of proffers dated May 21. 1997.
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Printed Names of All Owners
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Date
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MAil THA C. TdlYlIW
J?k '7 77 MHA/
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61-1 1-,
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Signature of AUorney-in-Fact
(Attach Proper Power of Attorney)
Printed Name ot Attorney-in-Fact