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HomeMy WebLinkAboutSP200800038 Legacy Document 2011-07-28 (6)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 June 29, 2011 Rivanna Water and Sewer Authority Douglas J. March, PE 695 Morres Creek Lane Charlottesville, VA 22902 RE: SP200800038 Ragged Mountain Dam (Sign 6 & 11) TMP 75 — 1, 47C & 47C1 Dear Mr. March: The Albemarle County Planning Commission, at its meeting on May 24, 2011, by a vote of 4:0 recommended approval of the above -noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Development and use shall be in general accord with the conceptual plan consisting of the two plan sheets titled "Proposed Site Plan — Dam Site" prepared by Schnabel Engineering, and dated 3-18- 201, and "Reservoir Area Map Overall" prepared by Schnabel Engineering and dated 1-13-2011 (hereafter referred to as "Conceptual Plan"), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan: a. Approximate limits of disturbance; b. General design and location of the new dam c. Maximum normal -pool increase of 42 feet above the existing normal pool. While the plan titled "Proposed Site Plan — Dam Site" shows the dam design for a 30 foot increase, any increase up to 42 feet accomplished by adding height to the top of the new dam would be considered to be in general accord with the conceptual plan. Minor modifications to the plan, which do not conflict with the elements above, may be made to ensure compliance with the Zoning Ordinance. 2. If the use, structure, or activity authorized by this special use permit is not commenced by [date 15 years from Board action], the special use permit shall be deemed abandoned and the authority granted hereunder shall terminate. For the purposes of this condition, the term "commenced" means starting the lawful physical construction of any structure shown on the Conceptual Plan referenced in Condition 1 above. 3. The applicant shall not begin work on the dam until: a. The Virginia Department of Transportation (VDOT) and the County Engineer (or his designee) have approved the following: i. A plan of improvements to Reservoir Road to safely transport construction vehicles to the site while maintaining access to private property, and minimizing erosion and impacts to the stream. This plan may include: • paved or gravel pull off areas at certain intervals; • widening of Reservoir Road at key locations; • grading and clearing for sight distance; • other improvements that are deemed safety issues by the County Engineer or VDOT; • erosion control measures; • pipe replacements or upgrades • other drainage improvements to reduce erosion or impacts to the streams and support heavy vehicles ii. A maintenance -of -traffic plan that includes flaggers and a communication plan with existing residents of the road to "and that assures unimpeded emergency vehicle access at all times." This plan shall also address any time of day restrictions including the daily peak hour restriction and weekend or holiday restrictions. The plan shall give VDOT or the County Engineer the authority to monitor the contractor and make adjustments when needed due to conflicts and unforeseen circumstances. A person who has a VDOT Work Zone Traffic Control Certification shall be required on site at any time there are activities on Reservoir Road that will restrict normal traffic operations. iii. A maintenance plan to include regular inspection and documentation, and prompt repair work b. VDOT has approved any embankment changes to 1-64; and c. The applicant has completed any pre -construction work shown in the plans listed above 4. After the completion of construction and prior to the release of water protection ordinance bonds for the project, Reservoir Road shall be restored according to a plan approved by VDOT and the county engineer. At the discretion of VDOT and the county engineer, the plan may require final grading and the addition of stone for the gravel sections of the road and paving from Fontaine Ave to the last access to a single family residence. 5. Upon completion of earth -disturbing work in any above -water area upstream of the dam, the applicant shall replant each area in such a way as to restore and maintain a complete, contiguous wooded buffer around the reservoir. This planting shall be done according to a replanting plan subject to the approval of the Program Authority of the Water Protection Ordinance. This planting shall use native tree and shrub species listed in Appendix A of the Riparian Buffers Modification & Mitigation Guidance Manual, published by the Virginia Department of Conservation and Recreation; the brochure Native Plants for Conservation, Restoration, and Landscaping, published by the Virginia Department of Conservation and Recreation; and/or Appendix 7 of the Chesapeake Bay Riparian Handbook, published by the United States Department of and shall be designed to re-establish vegetation consistent with the existing forest vegetation of the Ragged Mountain Natural Area. Trees and shrubs shall be planted at the densities specified in Appendix D, Table A of the Riparian Buffers Modification & Mitigation Guidance Manual, published by the Virginia Department of Conservation and Recreation, or to another established standard intended for non-commercial forest restoration, subject to the approval of the Director of Planning. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 6, 2011. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, Scott Clark Senior Planner Planning Division Cc: POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually.