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Home My WebLink AboutSP201700004 Staff Report Special Use Permit 2018-02-06 SP20170004 – James River Runners Amendment Planning Commission: January 16, 2017 Page 1 ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SP201700004 James River Runners Amendment Staff: David Fox, Neighborhood Planner Planning Commission Public Hearing: February 6, 2018 Board of Supervisors Hearing: TBA TBD Owner(s): Christopher & Paige Wilkes (existing), Earl Hocker, Catherine Knowland, Eva Pierce (expansion) Applicant(s): Chris Wilkes Acreage: 2.93 current use, 1.8 acres expansion Special Use Permit for: Canoe Livery and accessory Camping TMP: Tax Map Parcel 136-12 & 12A (current), 136-14A (expanded) Location: Hatton Ferry Road By-right use: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) Magisterial District: Scottsville Proffers/Conditions: Yes School District: Scottsville Elementary – Walton Middle – Monticello High School Requested # of Dwelling Units/Lots: none DA RA - X Proposal: Amend SP197800074 special use permit for canoe livery by expanding the camping area accessory to the canoe livery on to parcel 13600-00- 00-014A0 Comp. Plan Designation: Rural Area – preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) Character of Property: The proposed expansion area is an open field, with scattered larger trees. There are no permanent improvements on the site. Use of Surrounding Properties: Surrounding properties are rural, agricultural lands. The Hatton Ferry boathouse is between the existing campground and the proposed expansion. Factors Favorable: 1. The proposal brings into compliance a longstanding use that has not resulted in significant impacts to the site or surrounding area. 2. No permanent improvements are needed or requested with the use. Factors Unfavorable: None. Recommendation: Staff recommends approval with conditions. SP20170004 – James River Runners Amendment Planning Commission: January 16, 2017 Page 2 STAFF PERSON: David Fox, Neighborhood Planner PLANNING COMMISSION: February 6, 2018 BOARD OF SUPERVISORS: TBD SP201700004 James River Runners Amendment PETITION: MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL(S): 13600-00-00-012A0, 13600-00-00-014A0 LOCATION: 10092 Hatton Ferry Rd. PROPOSAL: Amend SP197800074 special use permit for canoe livery by expanding the camping area accessory to the canoe livery onto parcel 13600-00-00-014A0. PETITION: Expansion of canoe livery with accessory camping under Section 10.2.2.29 of the Zoning Ordinance, which permits boat landings and canoe liveries. ZONING: RA Rural Area - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots). Flood Hazard Overlay- OVERLAY DISTRICT(S): Flood Hazard Overlay District COMPREHENSIVE PLAN: Rural Area – preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) CHARACTER OF THE AREA: The site is located adjacent to the James River in a part of the Rural Areas that remains primarily agricultural in use. See Attachment A for an area map, and Attachment B for a map of the site. PLANNING AND ZONING HISTORY: SP197800074: On January 3, 1978, the Board of Supervisors approved a Special Use Permit for boating, canoe, livery, recreational activity on 14.5 acres, subject to conditions (See Attachment C). SDP197900022: On February 20, 1979, the Planning Commission approved the site plan required by SP197900074. On August 8, 1991, the Zoning Official issued an Official Notice of No Violation Found, in response to complaint 91-100, finding that camping was an allowed activity. In late 2016, the Zoning Administrator identified a problem with the location of camping on Parcel 136-14A, which was not a parcel included with approval of SP197800074. The current SP application is intended to rectify this situation. DETAILS OF THE PROPOSAL: The applicant’s description and justification for the request is provided with Attachment C. The existing special use permit allows camping as an accessory use to the canoe livery on Parcels 136-12 and 136-12A only. At present only parcel 136-12A, which contains 2.93 acres, is used for the canoe livery and owned by the applicant. The owners of parcel 136-14A have given permission for the applicant to formally expand this use onto their property (1.8 acres). Nine primitive campsites are in use on Parcel 136-12A. This application seeks to correct a zoning violation and allow the continued use of five primitive campsites on Parcel 136-14A. Campsites would accommodate a maximum of ten people each who are canoe livery customers. The campsites are not available for use by the public. Use would be restricted to the boating season months of March through September. No additional uses or structures are requested with this application. SP20170004 – James River Runners Amendment Planning Commission: January 16, 2017 Page 3 COMMUNITY MEETING: The community meeting was held at Scottsville Council Chambers in Victory Hall on November 21, 2017. Six members of the public, one employee of the livery, the applicant, Supervisor Randolph, and David Fox attended the meeting. Concerns expressed by the attendees largely focused on past occurrences of fireworks use on the site, and current traffic and driver behavior on Hatton Ferry Road. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. Use of Parcel 136-14A for camping has been occurring for several years without major incident. Neighbors raised concerns with special events and/or firework displays, neither of which are being proposed with the campground. This use is occasional in nature and will not require any construction. The applicant has stated that amplified sound will not be allowed, fireworks prohibited, quiet hours will be established and enforced, and staff’s proposed conditions of approval reflect those restrictions. Staff does not believe that the proposed use would create a substantial detriment. Character of district unchanged. The character of the district will not be changed by the proposed special use. The character of this portion of the RA district is agricultural and residential. Seasonal use of campsites will not change that character. Operation of the canoe livery supports recreational access and employment in the rural area. This use has been ongoing on TMP 136-12A since 1978. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, The use proposes no new improvements, so will not result in any permanent changes that make the property unsuitable for future agricultural or conservation purposes. …with the uses permitted by right in the district The use will not interfere with by-right uses in the RA district, including agricultural and residential uses. …with the regulations provided in section 5 as applicable, There are no additional regulations in section 5 for canoe liveries. …and with the public health, safety and general welfare. The applicant has demonstrated compliance with the relevant Virginian Department of Health regulations related to maintaining a primitive campground. VDOT has no objections to the proposed use (see Attachment E). The use of fireworks will be prohibited by the applicant. No identified historic resources will be impacted by this proposal. SP20170004 – James River Runners Amendment Planning Commission: January 16, 2017 Page 4 Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. The use is compatible with the County’s comprehensive plan goals: Strategy 1c: Promote tourism that helps preserve scenic, historic, and natural resources. (Economic Development Chapter) Canoeing and camping responsibly helps tourists enjoy the County’s natural resources without causing negative impacts. Objective 4: Provide access points to greenways and blueways. Strategy 4b: Provide boat access at appropriate locations along the Rivanna River, the Rivanna Reservoir, and the James River. Target access or improvements to access points at the locations listed in the Greenway Plan. Details are provided in the Appendix to this Plan. A public greenway is proposed along the James River in Southern Albemarle County, with river access points in several locations. The James River is a water resource that promotes tourism within the Commonwealth and enables residents and visitors to enjoy and appreciate the state’s natural resources. Provision of a campsite for visitors to the river aids in tourism efforts of the County. SUMMARY: Staff believes that formal establishment of camping on Parcel 136-14A can take place without causing harm to natural resources or neighbors, provided that the applicant adheres to proposed conditions. Staff has identified the following factors favorable to this proposal: 1. No permanent improvements are needed for this use. 2. The proposal brings into compliance a longstanding use that has not resulted in significant impacts to the site or surrounding area. Staff has identified no factors unfavorable to this proposal. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP20170004 James River Runners Amendment with the following conditions: 1. Accessory structures within the floodplain shall be constructed and secured in accordance with County Code § 18-30.3.15. 2. The use of fireworks on the property shall be prohibited. 3. The owner shall establish and enforce Campground Quiet Hours, as approved by the Zoning Administrator, for the hours between 10 pm and 6 am. 4. No amplified sound or permanent lighting shall be installed or used on the property. SP20170004 – James River Runners Amendment Planning Commission: January 16, 2017 Page 5 Motions: A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP20170004 James River Runners Amendment with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP201700004 James River Runners Amendment Community Church. (Planning Commission needs to give a reason for denial) ATTACHMENTS Attachment A – Area Map Attachment B – Site Map Attachment C – Existing SP Conditions for SP197800074 Attachment D – Applicant’s Narrative Attachment E – E-mail from Adam Moore PE, VDOT P _ &NTAIN• 6i� G Attachment A Ilp Scottsville N l� C4 ti w o S� rn 3 9�M0 rn tiq�oNF ERR Y w z F �FERR y Q Project Parcels 0 0.25 0.5 0.75 1 mile SP2O17OOO4 James River Runners Amend. SP2O17OOO4 James River Runners Amend. 0 100 200 300 400 ft ROBERT W TUCKER. JR. DIRECTOR OF PLANNING N.V-j OF ALSje4, GovpF A(A •� w Planning Department 804/296.5823 414 EAST MARKET STREET CHARLOTTESVILLE, VIRGINIA 22901 January 5, 1979 Jeff Schmick Route 7, Box 206A -harlottesville, Virginia 22901 Dear Mr Schmick RONALD S. KEELER AIISISTANT DIRECTOR OF PLANNING DONALD A. GASTON •ENIOR PLANNER N MASON CAPERTON PLANNER Re BOARD OF SUPERVISORS ACTION Request for SP -78-74 This is to advise you that the Albemarle County Board of Supervisors at its meeting January 3, 1c179, approved your request for boating, canoe, livery, recreational activity and dock area for portage on 14 5 aces zoned A-1 subject to the following conditions 1 Site plan apprcvzll including among other requirements (a) Statement from County Engineer that the applicant's proposal for securing and anchoring all structures and portable items related tc the use are reasonably adequate to insure that the same will not be carried off-site in the case of flooding; (b) Signed stE.te?ment by the applicant and property owner that they have read arid are in full understanding and agreement with Section 91-5-7 and Section 9A-7 of the Zoning Ordinance; (c) The site plan may include a dock; 2 Use permitted tinder this permit be limited to existing structures on the site and any proposed docks may be approved under item "1(c)"; 3 Should any structure be damaged beyond limits of restoration as provided in Section 9A-9, the Zoning Administrator may require immediate removal of the damaged structure, if in the opinion of the Zoning Administrator the same may be ha2:a:fdous to downstream property owners or the public in general Sincerely, -Iane Gloeckner /Planning Department j g/ cc File PROJECT PROPOSAL: James River Runners is proposing to have its special use permit amended to include parcel 14-A. • The amendment to the existing permitted campground at James River Runners will continue to benefit Albemarle tourism and local economy by drawing in multiple day tourists from state, national and international tourism. • The amendment to the existing permitted campground at James River Runners will include portable toilets, fire pits, picnic tables in continued accordance with county fire and health requirements The existing campground is adjacent to an empty field. In the 35 years, it has been in compliance and permitted operation we have only had one complaint which has been addressed. We do not foresee any further issues with neighboring properties. CONSISTENCY WITH COMPREHENSIVE PLAN: • There has already been a special use permit in place including camping for 30 plus years. We do not plan on making any changes outside of the scope of the current special use permit. • This special use permit has been in place for 30 plus years and we will not be changing any use that has already been deemed in harmony with the zoning ordinance. This amended area will contain 5 primitive camp spots limited to an accessory use of the livery totaling a maximum of 50 people, not to include public or day use camping. Campground will be available to livery customers only March through September with check in/out at 10:00am. • Outdoor recreation facilities including canoe liveries and campgrounds will be in accord with comprehensive plan goals and are scaled appropriately for rural areas and natural and cultural resources are protected. This amended area will include portable toilets, fire pits, picnic tables in accordance with county fire and health requirements. Campground quiet hours including amplified sounds have always been and will continue to be from 10:00pm until 6:00am enforced by on sight staff and signed campground agreements by customers agreeing to this ordinance. (Campground agreement attached). By signing the campground agreement customers agree to comply with local, state and federal law. IMPACTS ON PUBLIC FACILITIES AND PUBLIC INFRASTRUCTURE: As nothing is changing from existing use there will be no added pressure or impact on public facilities or infrastructure. James River Runners will continue to work with local and state authorities to improve public infrastructure. This includes public parking signs, speed limit changes and employing the sheriffs department for public safety purposes. IMPACTS ON ENVIRONMENTAL FEATURES: • Based on continuing approval from the health department, already including the proposed amendment, there will be no additional impacts on environmental features. • We have been annually granted a permit from the health department that regulates trash removal and portable toilet and sanitation regulations for 20 plus years including the proposed amended area. We have been annually granted a campground permit from Albemarle county that has encompassed the proposed amendment for 20 plus years. campmap.gif -(GIF image, 580x750 pixels) - Scaled (89%) P i E p �� j�y`� A� �� ' + -`� P ar River Campground Map James j*w Runners Inc. fIJ[ A CANOE LIVERY Open Field Private .� Form Use Private e hftp://Www.jamesriver.com/Ma 9 TO" t:roYe 10 � Pons 11T R Pony Pt w Trees NO Foot Traffic CSX Railroad Tracks NO Trespassing Daytime Gordan 100 Parking ter cpm tare ROOM CP � us supply BStorage Rt 82� James River Runners rGaup name More Flours Sam 10 bpm Sita # COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper, Virginia 22701 Charles A. Kilpatrick, P.E. Commissioner October 19, 2017 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Scott Clark Re: James River Runners- Amendment SP -2017-00004 Review #1 Dear Mr. Clark: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the Special Use Permit request dated February 21, 2017 and find it to be generally acceptable. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434) 422-9399 for information pertaining to this process. If further information is desired, please contact Willis C. Bedsaul at 434-422-9866. Sincerely, Adam J. M ' ore, P.E. Area Land Use Engineer Charlottesville Residency WE KEEP VIRGINIA MOVING