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Home My WebLink AboutSP200300079 Action Letter e e c COUNTY OF ALBEMARLE Department of Community Development 401 Mcintire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 June 29, 2004 Tara Boyd LeClair Ryan 123 E. Main Street, 8th Floor Charlottesville, VA 22902 RE: SP 2003-079 The Rocks Amendment (Sign #49, 52, 53) Dear Ms. Boyd: On June 9, 2004, the Albemarle County Board of Supervisors took action on SP-2003-079 to amend an existing special use permit for rural preservation development of more than 20 lots to: (1) amend the boundaries of the Rural Preservation Tract (TM 74, P 18); (2) amend the boundaries of TM 74, Ps 18C, 18C1, 18C2 and 18C3; (3) amend access to TM 74, Ps 18, 18C, 18C1, 18C2 and 18C3; and 4) allot development rights not used in the original proposal on Tax Map 74, Parcels 18, 18C, 18C1, 18C2, 18C3, 180,1801,1804,1807,1808, 1809, 18E, 18E1, 18E2, 18E3,18E4,18E5, 18E8,18E9,18F,18F1, 18F2, 18F3, 18F9, 18G, 18G1, 18G3, 18G4, 18G5, 18G6, 18G7, 18G8, in the Rural Areas zoning district.This special use permit was approved based on the following conditions: 1. Except as otherwise provided herein development of The Rocks shall be in accord with the "Special Use Permit Plan..." prepared by Thomas B. Lincoln Land Surveyor, Inc. dated April 2, 2004. For purposes of these conditions the plan shall heretofore be referred to as "The Application Plan." 2. Except for minor boundary adjustments, (as determined by the Agent), the boundaries of Tax Map 74, Parcels 18C, 18C1, 18C2 and 18C3 may be modified only as shown on "The Application Plan." 3. Within the boundaries of Revised Lot 1, there shall be allowed a total of four (4) dwelling units or four (4) lots. Before a building permit is issued for a second dwelling unit, or before a subdivision plat is approved creating a new lot(s) within the boundaries of Lot 1, a new application plan shall be reviewed and approved administratively by the County authorizing the dwelling units or lots. For purposes of these conditions the term "subdivision" shall also mean family divisions. 4. All subdivisions within the boundaries of Revised Lot 1 shall meet the design standards and special provisions set forth in Section 10.3.3 of the Zoning Ordinance. This includes the requirement that it be demonstrated that the additional lots combined with the other approved lots do not exceed the actual number of lots that could have been achieved by conventional development of the total property. 5. All dwellings and development lots within the boundaries of Lot 1 shall be located east of the floodplain of Ivy Creek. 6. All future development lots subdivided from Lot 1 shall be no larger than 3.26 acres in area, shall be located in a manner consistent with, and be integrated into the overall design of the other development lots in The Rocks. e e Page 2 June 29,2004 7. A minimum often (10) trees per acre shall be provided on the development lots, including those permitted by condition three (3), in accordance with Section 32.7.9.5 of the Zoning Ordinance for the purpose of providing screening from Interstate 64 and Route 637. Trees shall be installed within two (2) planting seasons of the date of issuance of a certificate of occupancy for the dwelling on the lots. 8. Clearing of land shall be limited to the minimum amount necessary for the construction of access roads, dwellings, and septic fields. 9. Building siding and trim shall be of colors and materials that blend with the surrounding natural environment as determined by the Oirector of Planning. Highly reflective colors or surfaces, or light colored roofs, as determined by the Oirector of Planning, are prohibited. 10. Concrete driveways visible from off-site shall be darkened to blend with the surrounding natural environment as determined by the Oirector of Planning. 11. The bridge shall not be constructed until the approvals in conditions twelve (12) through fifteen (15) have been obtained. 12. Department of Engineering issuance of an erosion and sediment control permit. 13. Oepartment of Engineering approval of bridge design. 14. Department of Engineering approval of hydro geologic and hydraulic calculations to ensure compliance with Section 30.3. of the Zoning Ordinance. 15. Department of Engineering approval of private road plans and drainage calculations. Private roads shall be designed to Virginia Oepartment of Transportation mountainous terrain standards. This condition is only applicable to the private roads constructed to access and provide frontage to all the lots in the Rocks development except the Rural Preservation Tract and revised Tax Map 74, Parcels 18C, 18C1, 18C2 and 18C3 as shown on liThe Application Plan." 16. The extension of Newcomb Mountain Lane as a private road is subject to Planning Commission approval. The Planning Commission shall establish the standard of the private road extension at the time of review. 17. The existing road, shown entering from Rocks Farm Orive, parallel to Interstate 64 and meandering through the Preservation Tract shall not be improved or widened except for agricultural and/or forestry purposes. The need for such improvements shall be reviewed by the Public Recreational Facilities Authority. If the Public Recreational Facilities Authority deems that the improvements are warranted, construction shall not commence until a road plan and an erosion and sediment control plan has been reviewed and approved by the County Engineer. 18. Prior to the approval of any plat modifying the boundaries of the Rural Preservation Tract, the rural preservation easement shall be amended to allow the modification; amendment to the easement is subject to the review and approval of the County and the Albemarle County Public Recreational Facilities Authority. Approval of this special use permit in no way implies or guarantees approval of a modified easement by the County or the Albemarle County Public Recreational Facilities Authority. 19. Prior to the approval of any plat providing access to Newcomb Mountain Lane an amended road maintenance agreement shall be reviewed and approved by the County Attorney. This agreement shall be recorded with the plat. 20. Provide evidence to the County that the Rosemont Homeowner's Association consents to the Newcomb Mountain Lane extension to serve as access to Tax Map 74, Parcels 18C, 18C1, 18C2 and 18C3. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: · compliance with conditions of the SPECIAL PERMIT; and, · approval of a ZONING COMPLIANCE CLEARANCE. e e Page 3 June 29, 2004 In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above-noted action, please do not hesitate to contact Keith Lancaster, Zoning Plans Reviewer, at 296-5832. Sincerely, V,Wr V. Wayne Cilimberg Oirector of Planning & Comm VWC/jcf Cc: The Rocks, LLC Amelia McCulley Bill Fritz Tex Weaver Bill Fritz Keith Lancaster Chuck Proctor