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Home My WebLink AboutLOD202000002 Letter of Determination 2020-04-23Phone. (434) 296-5832 April 23, 2020 Justin Shimp 912 East High Street Charlottesville, VA 22902 Ll AI.p r O �733GIti�� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, worth 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. This determination amends and supersedes LOD201900020, dated December 23, 2019. Stream Crossings and Grading Activities' I Regulatory I 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. 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: April 23, 2020 LOD201900020 Page 2 Question 1: As you noted, when Section 30.3.11 of the Zoning Ordinance was amended in 2014, staff offered the following explanation: "Stream Crossings — Stream crossings involving fill and/or a culvert in the floodplain currently require a special use permit. Staff recommends allowing by -right stream crossings for pedestrian trails or driveways serving single family dwellings that a) comply with the Water Protection Ordinance; b) can be shown to have no impact on the elevations or limits of the floodplain; and c) will serve one dwelling unit that could not be accessed by other means. 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 single family dwellings. (18-30.3.11)" (http://www.albei-na..rle,ora/upload/images/Forms Center/Departments/Board of Supervi sors/Forms/Agenda/2014Files/0305/16.lf ZTAandSTAFloodHazardAttachF pdf) Prior to the 2014 ordinance amendment, the former § 18-30.3.05.1.2(3) had allowed by -right: "Pedestrian and multi -use paths that are within county owned or operated parks and greenways; provided that any filling of land has been approved by the county engineer in accordance with section 30.3.06.1(1) through (5); and any footbridges necessary to cross tributary streams, watercourses and swales have been approved by the county engineer." Based on the staff explanation and the prior ordinance, the 2014 ordinance amendment combined in a single block two different types of stream crossings that may be now permitted by -right under certain conditions: a) Stream crossings for driveways serving single-family dwellings and 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 any footbridges necessary to cross tributary streams, watercourses and swales (See the former § 18-30.3.05.1.2(3)) To be permitted by -right, Section 30.3.11 of the Zoning Ordinance also requires that the subject crossing: (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. All three conditions are required of stream crossings for a driveway serving only one single- family dwelling. However, based on (a) the prior ordinance allowing certain paths and (b) the staff explanation of the 2014 ordinance amendment, the third condition does not apply to 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 any footbridges necessary to cross tributary streams, watercourses and swales. April 23, 2020 LOD201900020 Page 3 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; and (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. 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 (as defined in County Code § 18- 3.1) are permitted under this classification. This amended determination addresses issues raised in both BZA Appeal No. AP2020-002 (currently pending with the Board of Zoning Appeals) and your subsequent request for an official determination, dated February 25, 2020. In light of this amended determination, please let us know how or whether you wish to pursue either that appeal and/or subsequent determination. 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 fina! 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.albemarle.org/cdapps. 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 wxvv.albemarle.orq/cdapps.) Please contact me if you have questions or require additional information. April 23, 2020 LOD201900020 Page 4 Sincerely, Bart J. Svoboda Zoning Administrator County of Albemarle, Virginia