HomeMy WebLinkAboutAP202000002 Application 2020-02-10Albemarle Coun I-- -
Planning Application
Community DevelopmentDepartmird
401 W 're Road Charlottesville, VA22902-4596
, : (434) 29&5832 Fax : (434) 972-4126
TMPI 0L0D0-00-0qjQQ00gj Owner's):
Application #I AP20200000 I
Legal Description
Magisterial Dist. iUnassigned Land Use Primary Unassigned
Current AFD Not in A/F District 1- 1 Current Zoning Primary !unassigned
APPLICATION INFORMATION
Street Address Entered By
Buck Smith I;— I
Application Type 'Appeal of Zoning Administrator's Determination
2 10,2020
Project ILOD2019-00020
Received Date 02/07/20 Received Date Final Submittal Date 02/ 10/ 20 Total Fees 258
Closing file Submittal Date Finall I Total Paid
Revision Number
Comments
Legal Ad
SUB APPLICATION(s)
Type Sub Applicatio Comment
APPLICANT CONTACT INFORMATION
ContacffName Address Ci State
Zip Phone I PhoneCa
3 U STIN SHIM 0 PE :912 E. HIGH STREET CHARLOTTESIOLL 27 2 9 G-) �;4342775140
.............. . ..... -.-- ............ ........... ............... ........ .......... ............. .-1--1--1. ........... ........... :-- ...... ............
:JUSTIN SHIMP PE 912 E. HIGHT STREET aCHxRLOTTESXILL 22902 :43 75140
I
Signature of Contractor or Authorized Agent Date
FOR OFFICE USE ONLY AP #� �L} C7 SIGN #
ZONING ORDINANCE SECTION:
r � k ,)'G 5��, jC l,� l �! f" L(
Fee Amount $ Date Paida�`By who?�h W tz L'_wS- , vow-1-1Receipt # Ck# By:
Application for Appeal of Zoning Administrator's Determination:,
m Appeal of Zoning Administrator's Determination = $258
FEES to be paid after staff review for public notice:
Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals.
Virginia State Code requires that notice for public hearings be made by publishing a legal
advertisement in the newspaper and by mailing letters to adjacent property owners.
The total fee for public notice will be provided to the applicant after the final cost is determined and
must be paid before the application is heard by a public body. Staff estimates the total cost of legal
advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects
the average cost of public notice fees, but the cost of certain applications may be higher.
➢ Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public
Actual cost
hearing)
(averages between $150 and $250)
Contact Person (Who should we call/write concerning this project?): Justin Shimp P.E., Shimp Engineering PC
Address 912 E. High Street City Charlottesville State VA Zip 22902
Daytime Phone 4( 34) 227-5140 Fax # () E-mail Justin@Shimp-Engineering.com
Owner of Record Not Applicable
Address
City
State Zip
Daytime Phone Fax # E-mail
Applicant (Who is the Contact person representing?): Justin Shimp P.E., Shimp Engineering PC (same as Contact Person)
Address City State Zip
Daytime Phone O
Fax # (___)
E-mail
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 11/1/2015 Page 1 of2
Project Name: Not Applicable (LOD201900020 - Section 30.3.11 Permitted and Prohibited Uses and Structures...
Tax map and parcel: Not Applicable Zoning: Not Applicable
Physical Street Address (if assigned):
Not ADDlicable
Location of property (landmarks, intersections, or other):
Not ADDlicable
The following information shall be submitted with the application and is to be provided by the applicant:
1) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions
for the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee made payable to the County of Albemarle.
Explanation of error in determination and justification of applicant's position:
Please see attached Letter of Appeal and Justification
I hereby certify
and correct t�
Signature of
Justin
Print Name
Owner/Applicant Must Read and Sign
the information provided on this application and accompanying information is accurate, true
st f my knowledge and belief
Purchaser, Agent
P.E., Shimp Engineering PC
Date: February 7, 2020
(434) 227-5140
Daytime phone number of Signatory
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature: Date:
Revised 11/1/2015 Page 2 of 2
SHIWIP ENGINEERING, P.C.
Design Focused Engineering
Mr. Bart Svoboda, Zoning Administrator
The Albemarle County Board of Zoning Appeals
Albemarle County Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22902
February 7, 2020
RE: LOD201900020 I Sec. 30.3.11 Permitted and Prohibited Uses and Structures;
Stream Crossings and Grading Activities
Dear Mr. Svoboda and Members of the Board of Zoning Appeals,
In accordance with Virginia Code § 15.2-2311 and Albemarle County Code § 18-34.3, it is our request to
appeal your January 10 determination made regarding regulations in Sec. 30.3.11 of the Albemarle
County Zoning Ordinance. In our August 2019 request for a determination, we asked two questions:
1. Does the first paragraph listed under the section titled, "Stream Crossings and Grading
Activities*" in Sec. 30.3.11 include three (3) permitted by right uses, namely:
a. Stream crossings for a driveway serving only one single-family dwelling,
b. Stream crossings for pedestrian trails, including, but not limited to, pedestrian and
multi -use paths that are within county -owned or operated parks and greenways, and
c. Stream crossings for any footbridges necessary to cross tributary streams,
watercourses and swales, that: (i) meet the applicable requirements of sections 17-
406 and 17-604; (ii) demonstrate, in a floodplain impact plan, to the floodplain
administrator's satisfaction, that construction of the crossing will have no impact on
the elevations or limits of the floodplain; and (iii) will serve one dwelling unit that
could not be accessed by any other means?
2. Are by -right pedestrian trails, as delineated in section (b) of question (1) above, inclusive of
lands that are not located within county -owned or operated parks and greenways?
In response to question #1, you agreed that "the uses and structures listed in the above referenced
regulation are separate types of stream crossings", we have no grievance with this determination, and we
ask for no action by the Board of Zoning Appeals.
In response to question #2, you agreed that "even if not within county -owned parks or greenways, the
pedestrian trails referenced above are a by -right use in the regulatory floodway and floodway fringe...",
and we have no grievance with this determination. However, you then state that the pedestrian trails are a
by -right use "provided that they (i)... ;(ii)... ; and (iii) will serve one dwelling unit that could not be
accessed by any other means." This determination means that any pedestrian trails located within a
912 E. High St. Charlottesville, VA 22902 1434.227.5140 1 shimp-engineering.com
floodplain that are located within a county park, within platted open spaces, or shown on a site plan; are
not permitted by -right, however, the same section of code notes that "Recreational uses including... hiking
areas..." are permitted by -right within the floodway and floodway fringe. Your determination is in
conflict with this section of Code (30.3.11) and does not allow pedestrian trails within the floodway and
floodway fringe other that those trails which "will serve one dwelling unit that could not be accessed by
any other means." We request that the Board of Zoning Appeals reverse the determination that
pedestrian trails are a by -right use provided that they "will serve one dwelling unit that could not
be accessed by any other means."
You then provide an additional determination:
"Additionally, recreational uses as outlined in Section 30.3.11 of the Zoning Ordinance, such as
hiking areas, are permitted by -right on lands located within the regulatory floodway and
floodway fringe. However, no primary or accessory structures (such as bridges) are permitted
under this classification "
The last sentence of this determination is not consistent with the regulations provided within the Flood
Hazard Overlay section of the Albemarle County Zoning Ordinance. The relevant portions of this
ordinance were modified in 2014 in accordance with federal regulations to ensure continued participation
in the federal flood insurance program; and the language in Section 30.3.11 was adopted on March 5`i',
2014. In a memorandum, dated January 16, 2014, from the Albemarle County Engineer and the Director
of Zoning to "Parties who may have an interest in upcoming changes to Albemarle County Floodplain
Regulations", County Staff noted the purpose of creating the current language regarding stream crossings:
"Summary statement: reduce the process from a special use permit to Floodplain Administrator
approval based on a Floodplain Impact Plan for stream crossings involving pedestrian trails
and/or driveways serving a single family dwelling."
At the same time that this current language from Section 30.3.11 was adopted to create by -right stream
crossings for single family dwellings, a new definition was created within the water protection ordinance:
"Structure: For floodplain management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as a manufactured home."
On June 5, 2019, the Board of Supervisors adopted additional changes that consolidated terms and
definitions throughout Chapter 18 into Section 3. During this change, the various definitions for term
"structure" were combined to create the following:
"Structure: "Structure" means anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having a permanent location on the
ground. This includes, among other things, dwellings, building, etc. For the purpose of
determination of setback, signs shall be excluded as a structure. For floodplain management
purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home."
It is our opinion that this definition is worded to allow construction of infrastructure such as bridges,
culverts, piers, and docks to be built within the floodway and floodway fringe in accordance with Section
30.3.11. Consider the third Use listed under the first heading "Agricultural, Natural Resources, and
Recreational Uses and Structures*" of Section 30.3.11. This states that structures accessory to a
permitted recreational use are not permitted within the regulatory floodway. If we consider your
determination that bridges are accessory structures, then footbridges crossing a floodway would not be
permitted within hiking areas such as: Darden Towe Park, Preddy Creek Park, the Ragged Mountain
Natural Area, Dunlora, Forest Lakes, River Bend, Old Trail, Glenmore, Foothill Crossings...
On the other hand, if we consider our opinion that bridges are not a "structure", but a type of "stream
crossing" (along with culverts, ferries, and open fords); and furthermore, that stream crossings are
permitted under Section 30.3.11 under two conditions:
1. By right as characterized by the three permitted uses as outlined at the beginning of this letter,
and
2. By special use permit for uses not serving single family dwellings (such as subdivisions,
apartment complexes, and commercial uses);
Then the conflicts we find within Section 30.3 would no longer be relevant. We request that the Board
of Zoning Appeals reverse the determination that "no primary or accessory structures (such as
bridges) are permitted under this classification." Additionally, we request that the Board of Zoning
Appeals acknowledge that the term "stream crossings" includes improvements such as culverts,
bridges, ferries, and fords.
Thank you for considering this appeal and justification.
1 (434) 227-5140
Encl: Original Zoning Determination Request dated August 19, 2019
LOD201900020 I Sec. 30.3.11 Stream Crossings and Grading Activities dated January 10, 2020
Cc: Kelsey@shimp-engineering.com
Phone (434) 296-5832
January 10, 2020
Justin Shimp
912 East High Street
Charlottesville, VA 22902
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Fax (434) 972-4126
RE: LOD201900020 — Section 30.3.11 Permitted and Prohibited Uses and Structures;
Stream Crossing and Grading Activities
Dear Mr. Shimp:
This letter is in response to your request for an Official Letter of Determination regarding the
following two (2) questions as they relate to Chapter 18, Section 30.3.11 of the Albemarle
County Zoning Ordinance.
Stream Crossings and Grading Activities* Regulatory Floodway
Floodway I Fringe
Stream crossings for a driveway serving only one single-family dwelling and BR BR
pedestrian trails, including, but not limited to, pedestrian and multi -use paths that
are within county -owned or operated parks and greenways, and any footbridges
necessary to cross tributary streams, watercourses and swales, that (i) meet
the applicable requirements of sections 17-406 and 17-604, (ii) demonstrate, in
a floodplain impact plan, to the floodplain administrator's satisfaction, that
construction of the crossing will have no impact on the elevations or limits of the
floodplain; and (iii) will serve one dwelling unit that could not be accessed by any
other means.
1) Are the uses and structures listed in the above referenced regulation separate types of
stream crossings?
2) Are the pedestrian trails referenced above a by -right use in the regulatory floodway and
floodway fringe on lands not within county -owned parks and greenways?
In accordance with the above regulation as outlined in Section 30.3.11 of the Zoning Ordinance,
the answers to your questions are listed below:
Question 1: The uses and structures listed in the above referenced regulation are separate
types of stream crossings.
January 10, 2019
LOD201900020
Page 2
Question 2: Even if not within county -owned parks or greenways, the pedestrian trails
referenced above are a by -right use in the regulatory floodway and floodway fringe provided that
they (i) meet the applicable requirements of sections 17-406 and 17-604; (ii) demonstrate, in a
floodplain impact plan, to the floodplain administrator's satisfaction, that construction of the
crossing will have no impact on the elevations or limits of the floodplain; and (iii) will serve one
dwelling unit that could not be accessed by any other means.
Additionally, recreational uses as outlined in Section 30.3.11 of the Zoning Ordinance, such as
hiking areas, are permitted by -right on lands located within the regulatory floodway and
floodway fringe. However, no primary or accessory structures (such as bridges) are permitted
under this classification.
Any of the above referenced uses or activities shall comply with the Albemarle County Code
Chapter 17, 18 and all other applicable regulations.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of
this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this
determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with
a fee of $258. Additionally, a separate fee is required for the cost of providing notice and
advertising of the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albernarle.orq/cclapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
Please contact me if you have questions or require additional information.
Sincerely,
Bart J. Svoboda
Zoning Administrator
County of Albemarle, Virginia
SHIMP ENGINEERING, P.C.
Design Focused Engineering
Mr. Bart Svoboda, Zoning Administrator
Albemarle County Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22902
August 19, 2019
RE: Zoning Determination Justification I Sec. 30.3.11 Stream Crossings and Grading Activities
Dear Mr. Svoboda,
It is our request to have a determination made regarding regulations in Sec. 30.3.11 of the Albemarle
County Zoning Ordinance. Sec. 30.3.11 lists the following by -right uses under the "Stream Crossings and
Grading Activities" heading of the "Permitted and Prohibited Uses and Structures" table:
"Stream crossings for a driveway serving only one single-family dwelling and pedestrian trails,
including, but not limited to, pedestrian and multi -use paths that are within county -owned or
operated parks and greenways, and any footbridges necessary to cross tributary streams,
watercourses and swales, that: (i) meet the applicable requirements of sections 17-406 and 17-
604; (ii) demonstrate, in a floodplain impact plan, to the floodplain administrator's satisfaction,
that construction of the crossing will have no impact on the elevations or limits of the floodplain;
and (iii) will serve one dwelling unit that could not be accessed by any other means "
Given the above referenced regulations, it is our understanding there are three clauses that identify three
different types of stream crossings that are independent of one another. The three types of stream
crossings are 1) "stream crossings for a driveway serving only one single-family dwelling" 2) stream
crossings for "pedestrian trails, including, but not limited to, pedestrian and multi -use paths that are
within county -owned or operated parks and greenways" 3) stream crossings for "any footbridges
necessary to cross tributary streams, watercourses, and swales." Please determine if the regulations
identify three different stream crossings.
Additionally, please determine that use 2) "pedestrian trails, including, but not limited to, pedestrian and
multi -use paths that are within county -owned or operated parks and greenways" allows for pedestrian
trails by -right in the regulatory floodway and floodway fringe on lands not within county -owned or
operated parks and greenways. The words but not limited to indicate by -right pedestrian trails in the
regulatory floodway and floodway fringe are not exclusive to county -owned or operated parks and
greenways.
In conclusion, please determine if:
• The uses and structures listed in the above referenced regulations are separate types of stream
crossings
• Pedestrian trails are a by -right use in the regulatory floodway and floodway fringe on lands not
within county -owned or operated parks and greenways
912 E. High St. Charlottesville, VA 22902 1434.227.5140 1 shimp-engineering.com
Thank you for your review of this request for deterinination.
Regards,
Justin Shimp
Justin@shiMp-engineering.com 1 (434) 227-5140
Cc: Kelsey@shimp-engineering.com