HomeMy WebLinkAboutLOD202000002 Correspondence 2020-03-03SHIMP ENGINEERING, P.C.
Design Focused Engineering
Mr. Bart Svoboda
Albemarle County Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22902
February 25, 2020
RE: Zoning Determination Cover Letter I Sec. 30.3.11 Stream Crossings and Grading Activities
Dear Mr. Svoboda,
This is an application for a zoning determination regarding the regulations in Sec. 30.3.11 of the
Albemarle County Zoning Ordinance. Specifically, this request is for a determination of the meaning of
the term "stream crossings" as it is used in Section 30.3.11:
"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 "
Please find an application form, fee, and our interpretation (with justification) of the term included with
this request. Thank you.
Cc: Kelseygshimp-enaineerin .com
912 E. High St. Charlottesville, VA 22902 1434.227.5140 1 shimp-engineering.com
SHIMP ENGINEERING, P.C.
Design Focused Engineering
Mr. Bart Svoboda, Zoning Administrator
Albemarle County Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22902
February 25, 2020
RE: Zoning Determination Interpretation I Sec. 30.3.11 Stream Crossings and Grading Activities
Dear Mr. Svoboda,
It is our request to have a determination made regarding the meaning of the term "stream crossings" as it
relates to Sec. 30.3.11 of the Albemarle County Zoning Ordinance. Section 30.3.11 lists the following
uses and the conditions whereby they are permitted (BR, SP, or N) within the Flood Hazard Overlay
district (FH) in the "Permitted and Prohibited Uses and Structures" table:
Stream Crossings and Grading Activities*
Use or Structure
Regulatory
Floodway
Floodway
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.
Bridges, ferries and culverts not serving single-family dwellings
SP
SP
Grading activities in compliance with the Water Protection Ordinance;
N
BR
provided that it is demonstrated, in a floodplain impact plan that the grading
will have no impact on the elevations or limits of the floodplain and further
provided that any cut or fill shall be only to level areas for playfields, correct
erosion problems, build trails, or other fine grading activities which will have
no impact on the floodplain. For purposes of this provision, fine grading is
defined as a balanced site (cut/fill) with no changes to the base floodplain
elevation or horizontal limits to the floodplain.
Grading activities, including cut or fill, in compliance with the Water
N
SP
Protection Ordinance, but for which the floodplain administrator determines
will or may cause the base flood elevation to rise or the horizontal limits of
the floodplain to expand
912 E. High St. Charlottesville, VA 22902 1 434.227.5140 1 shimp-engineering.com
It is our interpretation of this section (30.3.11) that the first two blocks of the above table dictate the
conditions for approval of any "stream crossings" within the FH district, while the second two blocks
dictate the conditions for approval of any grading activities within the FH district.
This interpretation means that "stream crossings" are permitted by -right (BR) under the following
circumstances:
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, and
3. 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.
Items #1-3 above provide every condition in which stream crossing are permitted to serve single-family
dwellings, pedestrian trails and multi -use paths. There are no other conditions (BR, SP, or otherwise)
under which stream crossings serving single-family dwellings, pedestrian trails, and multi -use paths are
permitted.
The second block pertains to three particular stream crossings (bridges, ferries, and culverts) which are
permitted by special use permit (SP) when they are not serving single-family dwellings. For instance, a
bridge, ferry, or culvert within the FH district is allowed by special use permit for a private road serving a
proposed subdivision or a site development plan for a commercial center.
Several other sections of the table provided in Section 30.3.11 provide guidelines for permitting
"structures" (both primary and accessory) within the regulatory floodway and floodway fringe. For
instance, "structures accessory to a permitted recreational use: provided that no accessory structures for
human habitation are permitted" are allowed by -right within the floodway fringe and are not allowed
within the regulatory floodway. This would imply that "bridges, ferries, and culverts"; which are
permitted by -right as stream crossings, are not included in the definition of "structures", which are not
permitted within the regulatory floodway.
This interpretation is supported by the definition of "structure" provided in Section 3.1 of the Albemarle
County Zoning Ordinance:
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, buildings, etc.
For the purpose of the determination of setback, signs shall be excluded as a structure.
For floodplain management purposes, the term "structure" means a walled and roofed
building, including a gas or liquid storage tank, that is principally above ground, as
well as a manufactured home.
The language in this definition relating to floodplain management purposes was adopted on March 5`h,
2014 in accordance with federal regulations to ensure continued participation in the federal flood
insurance program. In fact, the language came directly from "44 CFR Section 59.1 of the National Flood
Insurance Program (NFIP Regulations: Definitions of NFIP Terms" published June 1, 2000:
"Structure means, 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. " (p. 244)
"Bridges", "ferries", "culverts", and "stream crossings" are not defined in the Albemarle County Zoning
Ordinance; however, FEMA published "FEMA P-778 / June 2009, Private Water Crossings:
Considerations before you build or rebuild (found at: https://www.fema.gov/media-library-
data/20130726-1724-25045-9448/fema_p_778_508compliant.pdf). In this booklet, FEMA `places
crossings in three categories: bridges, culverts and low water crossings " (p. 3) and the following
definitions are provided:
Bridge: A watercourse crossing that can maintain the original natural watercourse
channel bed without any alteration or disturbance. This crossing structure is built so that
people can get from one side to the other.
Culvert: A drain, pipe or channel which allows water to pass under a road or
embankment.
Low water crossing: A fording site of a waterway.
In a previous Albemarle County zoning determination, it was suggested that a "bridge" might be
considered as a "structure" rather than a "crossing". Such a determination would not be consistent with
the definitions provided above and furthermore, the Merriam -Webster dictionary provides the following
definition of "crossing":
"a place or structure (as on a street or over a river) where pedestrians or vehicles cross. "
Given the lack of definitions provided in the Albemarle County Zoning, Subdivision of Land, and Water
Protection Ordinances for the terms "bridge", "culvert", "ferry", and "stream crossing"; we argue that
these terms constitute "plain language", not requiring further definition; and the intent of the flood
protection ordinance is consistent with language provided by FEMA, as referenced above, and with the
adoption of new language in 2014 in accordance with federal regulations to ensure continued participation
in the federal flood insurance program. Furthermore, 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 additional 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."
Clearly, the purpose of that portion of the table in Section 30.3.11 which delineates stream crossings is to
allow what is described above: the by -right use of "stream crossings involving pedestrian trails and/or
driveways serving a single family dwelling."
In conclusion, based on the interpretation provided herein, we ask that you confirm, by Letter of
Determination, the following from Section 30.3.11 of the Albemarle County Zoning Ordinance:
a. "Stream crossings" include "bridges", "culverts", "low water crossings", and "ferries",
b. "bridges", "culverts", and "ferries" are permitted by -right when serving only one single-
family dwelling or when serving pedestrian trails and multi -use paths, and
c. "bridges", "culverts", and "ferries" are permitted by special use permit when they are not
serving single-family dwellings, pedestrian trails, or multi -use paths.
Thank you for your review of this request and we look forward to hearing from you. Please feel free to
call or contact us if you wish to discuss our request further.
(434) 227-5140
Cc: Kelsey@shimp-engineering.com