HomeMy WebLinkAboutSP199000119 Correspondence 2002-11-21COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832 TCD (434) 972-4012
MEMORANDUM
TO: Wayne Cilimberg, Director of Planning & Community Development
Mark Graham, Director of Engineering & Public Works
FROM: Amelia G. McCulley, Zoning AdministratorDwk�
DATE: November 21, 2002
RE: The Rocks Bridge Replacement — official determination of
requirement for a special use permit amendment
This is in response to the question as to whether the bridge may be relocated under the
current special use permit approval. It is my understanding that the Engineering
Department will require the existing bridge abutments to be removed and the stream
bank to be restored. It is my determination that the proposed bridge relocation
necessitates an amendment to the special use permit for the floodplain crossing. I will
explain this position more fully in the proceeding.
By its nature, an analysis of fill and a crossing in the floodplain is specific as to location,
use of any structure and amount of fill. A different location in the floodplain involves a
new hydrogeologic and hydraulic analysis. Removal of the existing bridge abutments
and construction of a new bridge at another location, however close in proximity, would
not be consistent with the current special use permit approval.
While the conditions of the special use permit approval are not specific as to a bridge
design or location, the special use permit proposal was clearly for the use and possible
modification of the then -existing bridge. This finding is based on the record of the staff
report and the minutes of the Planning Commission and Board of Supervisors meetings
on the special use permits (SP 90-120 and SP 91-36). In addition, site review
comments from the County Engineering Department and the Watershed Management
Official clearly base the review on use of the existing or modified bridge. A summary of
these findings is as follows:
The Rocks Bridge Replacement
November21, 2002
Page 2
• The staff report for SP 90-120 states: "The applicant's proposed crossing is located
in the approximate location of the existing bridge which provides access to the
existing houses on the property."
• The Planning Commission minutes for SP 90-119 and SP 90-120 include discussion
by the applicant that they are simply improving the existing bridge across Ivy Creek.
• The Board of Supervisors' minutes for the same include a comment by the applicant
that improving the bridge will enhance the quality of the water that goes through the
bridge. Currently cattle roam through the bridge and the creek bank is crumbling.
• The staff report for SP 91-36 includes the statement "The use of private roads will
permit the applicant to realign the road in order to avoid areas requiring significant
grading and to use the location of the existing stream crossing."
• The Planning Commission minutes for SP 91-36 reflect discussion of the bridge.
Staff responded to a Commissioner's question with the statement that the wording of
the condition is to cover the possibility of replacement or improvements to the
existing bridge.
• The Board minutes for the same include comment by the applicant that the
mountainous terrain (road) standards allow use of the existing bridge which will
prevent a lot of construction in the flood plain.
In summary, reconstruction of the bridge in the current location so as to comply with the
floodplain and other water -related regulations which are not met with the current bridge,
is permitted under the current special use'permit approval. Relocation of the bridge will
necessitate an amendment of the special use permit.
If anyone is aggrieved by this determination, they have a right to appeal it within thirty
(30) days of the date of this memorandum in accordance with Section 15.2-2311 of the
Code of Virginia. If they do not file a timely appeal, this determination shall be final and
unappealable. An appeal shall be taken only by filing with the Zoning Administrator and
the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $120.
cc: Verulam Farm Limited Partnership
Yadira Amarante
Jeff Thomas