HomeMy WebLinkAboutZMA199600028 Action Letter
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902·4596
(804) 296-5823
June 4, 1997
Don Franco
The Kessler Group
POBox 5207
Charlottesville, V A 22905
RE: ZMA 96-28 Glenmore Associates
Tax Map 93, Parcels 61 and 61 B
Dear Mr. Franco:
The Albemarle County Board of Supervisors, at its meeting on May 21, 1997, unanimously
approved the above-noted request to rezone 6.6 acres from Rural Areas to Planned Residential
Development and to amend the existing agreements for Glenmore PRD. 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,
~W~be~~
Director of Planning & ~ity Development
VWC/jcf
cc: Amelia McCulley
Jack Kelsey
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Original Proffer _
Amended Proffer
(Amendment #----.J
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PROFFER FORM
Date: 5/21/97
93A1 Parcel 1
ZMA # 96-28 Tax Map Parcel(s) # 93-61, 93-61A, 93-61B
6 . 6 Acres to be rezoned from PRD & 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.
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
eferred to as the Zoning Ordinance) as that Section is in effect on Apri116, 1997, with a residential
development not to exceed 764 single family units together with a site for a schoo~ 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 facilities including but not limited to tennis, swimming, a golf course with
related club house, and equestrian center. To be excluded from 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 (i).
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 seiect a parcei of approximateiy 2i.û acres as shown on the Application Plan for Gien.-nüïe 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 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. dated November 2, 1990, together with an appropriate 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 for the property described in paragraphs 2 and 3 of tlùs 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).
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.
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 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 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 I
of the private country club and may build riding trails or make 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 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. (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 2S0E 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 tram 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 fTom Point B to Point C as shown on the aforesaid Application Plan of Glenmore. "
( c) To construct a road to VDOT standards fÌ"om 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-of-way, including the built road, not to exceed 60 feet in width.
- <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 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 250E at the entrance to Glenmore a traffic
signal, provided the request from VDOT is made prior to completion of Glenmore which for purposes
of this paragraph shall be deemed to be the day the last residential lot is sold to a third party purchaser
or 15 years from date of final approval of the Zoning Map Amendment, whichever first occurs.
(c) Providing the work is completed within 15 years from date offinal 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 (ü)
$500,000.00, whichever sum is less.
A traffic count on U. S. Route 2S0E 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 determined by a formula which includes a ftaction the numerator of
which is the traffic count on U. S. Route 2S0E 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 2S0E 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 offinal approval of this Zoning Map Amendment, then
the undersigned applicant agrees to waive his rights under Virginia Code Section IS.1-491(al).
Substantial performance shall include (I) 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 Plan dated November 2, 1990 revised
May 13, 1997, and Glenmore Rezoning Application dated September 24, 1990 and amended
November 2, 1990 including textual program of development as approved under ZMA-90-19 and
amended by subsequent rezoning actions. Final development plans shall incorporate all comments and
recommendations of the SRC of October 11, 1990.
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11. M~intenance 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.
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13 . Vehicular access to Section 41 of Glenmore 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.
14. These proffers are substituted in place of proffers dated November 8, 1990.
These proffers run 'With the land. Upon transfer oftitJe by Randolph R Lang and Catherine Childs
Lang to Glenmore Associates Limited Partnership of their real estate subject to these proffers,
Randolph R. Lang and Catherine Childs Lang shaD have DO fiuthec personal obligation regarding the
tenns herein.
GLENMORE ASSOCIATES L'I~UTED J'ARTNERSHI:C
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