HomeMy WebLinkAboutSP200700014 Legacy Document 2009-03-16COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
August 24, 2007
Chris Halstead
415 Altamont Street
Charlottesville, VA 22902
Fax (434) 972-4012
RE: SP 2007-00014, The Rocks Subdivision Lot 1 — Amendment (Signs #107,108)
Tax Map 74, Parcels 18D
Dear Mr. Halstead:
On July 11, 2007, the Albemarle County Board of Supervisors took action on SP #2007-00014
to allow a special use permit for Rural Preservation Development with more than 20
development lots to change the condition of approval regarding location of development lots in
relation to Ivy Creek on Tax Map 74, Parcel 18D in the Samuel Miller 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 by the Planning Commission
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. No dwellings or development lots within the boundaries of Lot 1 shall be located in the
floodplain of Ivy Creek or between Ivy Creek and Dick Woods Road;
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;
7. A minimum of ten (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 Director of Planning. Highly reflective colors or
surfaces, or light colored roofs, as determined by the Director 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 Director 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. Department 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 Department 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 "The 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 Drive, 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; and
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 as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
• compliance with conditions of the SPECIAL USE PERMIT;
• approval of and compliance with a SITE PLAN amendment; and
• approval of a ZONING COMPLIANCE CLEARANCE.
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 Sherri Proctor at 296-5832.
Sincerely,
V. Wayne Cilimberg
Director of Planning
WC/SM
Cc: Abdullah, David C. Or Connie B 430 Rocks Farm Dr Charlottesville VA 22901
Tex Weaver
Chuck Proctor
Sherri Proctor
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