HomeMy WebLinkAboutSP201700004 Review Comments Special Use Permit 2018-03-14Short Review Comments Report for:
SP201700004
SubApplication Type:
James River Runners - Amendment
Amend Existing Special Use Permit
Date Completed:10/04/2017
Reviewer:Michael Dellinger CDD Inspections
Review Status:See Recommendations
Reviews Comments:Permits needed for improvements including backflow protection. mad
Division:
Date Completed:08/24/2017
Reviewer:Francis MacCall CDD Admin Zoning Review
Review Status:Pending
Reviews Comments:Applicant was contacted on 8/24/2017 to decide by 10/31/2017 if the application will move forward.
Division:
Date Completed:10/31/2017
Reviewer:Kevin McDermott CDD Planning
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:10/04/2017
Reviewer:Heather McMahon Historic Preservation
Review Status:No Objection
Reviews Comments:See VDHR data from the VCRIS database in Laserfiche for TMP 136-12A and TMP 136-14A
Division:
Date Completed:
Reviewer:Amelia McCulley CDD Zoning
Review Status:Pending
Reviews Comments:
Division:
Date Completed:10/20/2017
Reviewer:Frank Pohl CDD Engineering
Review Status:See Recommendations
Reviews Comments:- Accessory structures (e.g. picnic tables, etc.) within the floodplain shall be constructed and secured
in accordance with Section 18-30.3.15 of the County Code.
Division:
Date Completed:11/03/2017
Reviewer:David Fox CDD Planning
Review Status:No Objection
Reviews Comments:
Division:
Date Completed:10/18/2017
Reviewer:Shawn Maddox Fire Rescue
Review Status:Requested Changes
Reviews Comments:Due to complaints about fireworks violations at this address in recent years the campground
regulations were to be changed to include a statement on fireworks use in the campground. Fire
Rescue's last enforcement site visit to this address was in Feb. 2016. This change was made at one
point but I do not see it on this set of regulations.
Division:
Page:1 of 1 County of Albemarle Printed On:October 31, 2018
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4176
November 2, 2017
Christopher Wilkes
10092 Hatton Ferry Road,
Esmont, VA 24590
RE: SP201700004 James River Runners Amendment
Mr. Wilkes:
Thank you for the recent submittal for this special use permit. Please find review comments for
the application included in this letter. Feel free to provide an email response to the planning
comments. Other comments are for your information and may inform conditions for the Special
Permit, but do not require a response. I have included information about our resubmittal process,
however, absent significant issues being raised at your public meeting, I think we can consider
setting your planning commission hearing date after that. Please note the section regarding
notification fees at the end of this letter.
Review Comments
Planning
Please detail the typical staffing arrangement during active campground usage (Where
are staff located in relation to the campground, what hours are staff present, etc.).
What actions do staff take in the event of anticipated site flooding?
Zoning
The recreational use of camping is allowed under the SP, as determined by the 1991
notice, but this use must remain in conjunction with and accessory to the primary livery
service use, and not be made available as a commercial campground.
Flood and building standards pose strict limitations on development in the floodway.
Refer to the Building Official for development in the flood plain, as some items, like
picnic tables, may only be located in the floodway with appropriate flood-proofing
measures.
A likely condition of approval will include campground quiet hours of 10:00 pm until
7:00 am, similar to the conditions described in the application.
No fireworks will be permitted.
Engineering
Accessory structures (e.g. picnic tables, etc.) within the floodplain shall be constructed
and secured in accordance with Section 18-30.3.15 of the County Code.
Historic Preservation
No objection
Virginia Department of Transportation
See attached memo.
Fire/Rescue:
Due to complaints about fireworks violations at this address in recent years the
campground regulations were to be changed to include a statement on fireworks use in
the campground. Fire Rescue's last enforcement site visit to this address was in Feb.
2016. This change was made at one point but I do not see it on this set of regulations.
Transportation Planning
No objections.
Building Inspections
Permits needed for improvements including backflow protection. (Any additional water
sources added to the site would need to have backflow protection installed; this comment
does not apply to any current water sources).
Action After Receipt of Comments
After you have read this letter, please take one of the actions identified in the “Action After
Receipt of Comment Letter” memo that is attached.
Resubmittal
If you choose to resubmit, please use the attached form. Note that, as listed on the form, your
first resubmittal is free, additional resubmittals would require a fee of $538.
Notification and Advertisement Fees
Prior to scheduling a public hearing with the Planning Commission, payment of the following
fees is needed:
$292 Cost for newspaper advertisement
$215 Cost for notification of adjoining owners
$507 Total amount due prior to Planning Commission public hearing
Prior to the Board of Supervisor’s public hearing, payment of the newspaper advertisement for
the Board hearing is needed:
$292 Additional amount due prior to Board of Supervisors public hearing
$799 Total amount for all notifications. Fees may be paid in advance. Payment
for both the Planning Commission and Board of Supervisors public
hearings may be paid at the same time.
Additional notification fees will not be required unless a deferral takes place and adjoining
owners need to be notified of a new date.
Feel free to contact me if you wish to meet or need additional information. I can be reached at
dfox@albemarle.org or 434-296-5832, ext. 3141.
Best regards,
David Fox
Neighborhood Planner, Planning Division
DEPARTMENT OF COMMUNITY DEVELOPMENT
ACTION AFTER RECEIPT OF COMMENT LETTER
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to review comments
(2) Request indefinite deferral
(3) Request that your Planning Commission public hearing date be set
(4) Withdraw your application
(1) Resubmittal in Response to Review Comments
If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a
resubmittal date as published in the project review schedule. The full resubmittal schedule may
be found here. Be sure to include the resubmittal form on the last page of your comment letter
with your submittal.
The application fee which you paid covers staff review of the initial submittal and one
resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee
Schedule.)
(2) Request Indefinite Deferral
If you plan to resubmit after 30 days from the date of the comment letter, you need to request
an indefinite deferral. Please provide a written request and state your justification for
requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a
public hearing be set with the Planning Commission after the 30 day period.)
(3) Request Planning Commission Public Hearing Date be Set
At this time, you may schedule a public hearing with the Planning Commission. However, we
do not advise that you go directly to public hearing if staff has identified issues in need of
resolution that can be addressed with a resubmittal.
After outstanding issues have been resolved and/or when you are ready to request a public
hearing, staff will set your public hearing date for the Plannin g Commission in accordance with
the Planning Commission’s published schedule and as mutually agreed by you and the County.
The staff report and recommendation will be based on the latest information provided by you
with your initial submittal or resubmittal. Please remember that all resubmittals must be made
on or before a resubmittal date.
By no later than twenty-one (21) days before the Planning Commission’s public hearing, a
newspaper advertisement fee and an adjoining owner notification fee must be paid. (See
attached Fee Schedule) Your comment letter will contain the actual fees you need to pay.
Payment for an additional newspaper advertisement is also required twenty-two (22) days prior
to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad
Payments for Public Hearings form.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Planning Commission’s public hearing will be allowed during the life of the applicati on. The
only exception to this rule will be extraordinary circumstances, such as a major change in the
project proposal by the applicant or more issues identified by staff that have not previously
been brought to the applicant’s attention. As always, an applicant may request deferral at the
Planning Commission meeting.
(4) Withdraw Your Application
If at any time you wish to withdraw your application, please provide your request in writing.
* * * * *
Failure to Respond
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application, b) request deferral of your application to a specific Planning Commission date as
mutually agreed to with staff, or c) request indefinite deferral and state your justification for
requesting the deferral. If none of these choices is made within 10 days, staff will schedule
your application for a public hearing based on the information provided with your original
submittal or the latest submittal staff received on a resubmittal date.
Fee Payment
Fees may be paid in cash or by check and must be paid at the Community Development Intake
Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the
Review Coordinator.
County of Albemarle
Department of Community Development
Memorandum
To: David Fox, Planner
From: Amelia McCulley, Zoning Administrator, and Leah Brumfield, Senior Planner
Date: October 31, 2017
Subject: SP201700004 – James River Runners – review comments
I’ve reviewed this submittal and have the noted the following background :
1. The special use permit to be amended, SP197800074, dated January 5, 1979, addresses the
use of tax map parcel 13600-00-00-012A0 for “boating, canoe, livery, recreational activity and
dock area for portage.”
2. Following a complaint regarding illegal camping on the property in 1991, the Zoning
Administrator found in an official notice of no violation found, dated August 8, 1991, that
camping is a recreational activity incidental and customary to the primary livery service use.
This letter noted that notes that tents and the primitive campsites at the James River Runners
site are not considered “structures.” However, it does note that permanent bathhouses would
be considered structures.
3. The entirety of the property requested to the added to the special use permit , TMP 13600-00-
00-014A0, falls in the 100-year floodplain, which restricts activities and development to prevent
loss of life and property. Staff comments in the SP197800074 approval included the
observation that the structures existing on the property at that time were located in the
floodway fringe, and not the regulatory floodway. Recreational uses are permitted in the
floodway fringe and the regulatory floodway by right, and structures accessory to a permitted
recreational use are permitted in the floodway fringe, provided they are not for human
habitation, but these structures are not permitted in the regulatory floodway (Sec. 30.3.11).
Zoning provides the following submittal comments:
1. The recreational use of camping is allowed under the SP, as determined by the 1991 notice,
but this use must remain in conjunction with and accessory to the primary livery service use,
and not be made available as a commercial campground.
2. Flood and building standards pose strict limitations on development in the floodway. Please
submit a plan with the proposed campsites highlighted, including the locations of the portable
toilets, fire pits, and picnic tables. Refer to the Building Official for development in the flood
plain, as some items, like picnic tables, may only be located in the floodway with appropriate
flood-proofing measures.
4. A likely condition of approval will include campground quiet hours of 10:00 pm until 7:00 am,
similar to the conditions described in the application.
5. No fireworks will be permitted.
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
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Aril
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Memorandum
To: Mr.Chris Wilkes,James River Runners
From: Scott Clark, Senior Planner
Date: February 10,2017
Subject: Mandatory pre-application meeting for Canoe Livery/Camping
The following are County staff comments regarding the pre-application meeting held on Wednesday, February
8,2017. This meeting satisfies the requirement for a pre-application meeting prior to submittal of your special
use permit application(s). The purpose of for the meeting is summarized below:
The purposes for a pre-application meeting are to:(i)provide the applicant and the county a common
understanding of the proposed project;(ii)inform the applicant about the proposed project's consistency
with the comprehensive plan, other relevant policies, and county regulations;(iii)broadly identify the
planning, zoning and other issues raised by the application that need to be addressed by the applicant;(iv)
inform the applicant about the applicable procedure;and(v)allow the director to identify the information
the applicant must submit with the application, including the supplemental information delineated in
subsection(c). Receiving the relevant supplemental information will allow the application to be
comprehensively and efficiently reviewed.
The following are staff comments:
(ii)Consistency with the Comprehensive Plan:
• Outdoor recreation facilities, including canoe liveries and campgrounds, are generally in accord with
Comprehensive Plan goals, provided that they are scaled appropriately for the Rural Areas and that
natural and cultural resources are protected.
• Section 5 of the Zoning Ordinance contains the following supplemental regulations for camps:
5.1.05 DAY CAMP, BOARDING CAMP
a. Provisions for outdoor cooking, campfires, cooking pits, etc., shall be subject to Albemarle
County fire official approval
b. All such uses shall conform to the requirements of the Virginia Department of Health Bureau of
Tourist Establishment Sanitation and other applicable requirements.
(iii)broadly identify the planning, zoning and other issues raised by the application that need to be
addressed by the applicant
• The application should address the character(primitive camping)of the use,the scale(including a
maximum number of permitted,campers),and any facilities provided (including portable toilets).
• Aspects of the use that impact adjacent properties(noise, amplified sound, lighting, etc.)should be
described in the application. Measures for limiting those impacts(on-site staff, mandatory quiet hours,
limitations/prohibitions on amplified sound, etc.)should also be described.
•
• The operation's existing procedures for flood safety should be described in writing in the application.
• Other issues may be raised during the review of the application, depending on the information submitted.
(iv)applicable procedures
• Community Meeting—the applicant is required by ordinance to undertake a community meeting process
as part of the review of the SP request. This meeting should be held, if possible,within 30 days from the
date the special use permit application is submitted, and can be held prior to the submittal of the rezoning
application.Adjacent property owners and neighborhoods(and the Coordinating Reviewer/planner)
should receive advance notification of this meeting (date/time/location). The meeting date should be
coordinated with the Supervisor and Planning Commissioner for the site's Magisterial District.
• If the applicant knows of any of any waivers or modifications that are needed to implement the proposed
plan, staff recommends that those requests be submitted with the initial application. Staff will then
determine if the waivers should be approved with the special use permit or deferred for action with site
plan and/or subdivision plat approval.
(v) Identify the information the applicant must submit with the application, including the supplemental
information
• A proposal description and other materials as listed in the attached Special Use Permit Checklist.
• We are not requesting a conceptual plan at this time. If the application includes details that suggest
such a plan is necessary,we will let you know as soon as possible.
• See attached Zoning Comments.
If you have any questions, please contact me.
Sincerely,
Scott Clark
Senior Planner
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County of Albemarle
Department of Community Development
Memorandum
To: Scott Clark, Senior Planner
From: Amelia McCulley, Zoning Administrator
Division: Zoning
Date: February 8, 2017
Subject: Mandatory Preapplication Meeting Comments for James River Runners
(special meeting held 2/7/17)
The following comments are provided as input from the Zoning Division regarding the above
noted mandatory pre-application meeting. The purpose of the meeting and of these subsequent
special use permit applications is to approve a)camping occurring on parcel 14A; and b)the
annual special event known as the Chili Cook-Off. Each will be discussed separately and is
written to the applicant, Chris Wilkes.
The next submittal deadlines for special use permits are February 21St and March 20th. Those
deadlines are by 3 pm of the dates listed. Missing information and fees can be provided within
the 10 days of the submittal, for the application to be considered complete.
As discussed and as will be handled with subsequent actions, a site plan amendment will likely
be required to approve the camping expansion. Once you submit the special use permits, you
will receive written review comments about necessary revisions to the applications as well as
any other approvals necessary to allow the uses.
1. Camping on parcel 14A-
a. Zoning and Planning staff will meet with the County Attorney's Office to clarify the
most appropriate special use permit application to allow this use. Please let us
know if any of the livery activities occur on this parcel, so that can also be
covered with this application. It will either be a special use permit for a camping
use or for the livery—or both to cover the actual use. If it is both the camping
and livery uses, it will only require one fee.
b. Owners' authorized signature. As discussed, this property is listed in the County
Real Estate records as being owned by Ned Hocker do Carrie Mitchell with the
address 1033 West 7th Street Wilmington DE 19805. It will be important to obtain
authorization to make this application on property you don't own, from whomever
is legally allowed to grant that authorization. Your contact can provide written
authorization for the application only if they have documentation as to how they
are authorized to make legal decisions/applications on the property.
Our County Attorney's office advises us on what constitutes legal authorization
for land use applications. Because this is somewhat complex due to the fact that
the currently listed owner has been deceased for some time, if it is not easily
resolved with information your contact for the property has, you may wish to have
your attorney contact the County Attorney's office.
c. Please provide recent recorded plats for all of the properties involved in camping
and the livery uses, including parcel 14A. The Real Estate records list deed book
731 page 704 as the most recent transfer for parcel 14A. That can be found at
the Circuit Court Clerk's office. If you need assistance finding this information, let
us know.
d. You may wish to provide an attachment to your special use permit application to
describe the use. For example, it will be helpful to explain how it is not a
commercial campground but only serves those who are using the livery service.
e. Information, such as relating to the annual health department permits, will be
helpful attachments.
2. Chili Cook-Off Special Event
a. This application falls in the Zoning Ordinance under the use category, "temporary
events sponsored by local non-profit organizations which are related to and
supportive of, the RA, Rural Areas district" (County Code 18-10.2.2{42))
b. See also (County Code 18-5.1.27) listed in the following:
5.1.27 TEMPORARY EVENTS SPONSORED BY LOCAL NONPROFIT ORGANIZATIONS
This provision is intended to regulate for purposes of public health,safety and welfare, major
events such as agricultural expositions, concerts, craft fairs, and similar activities which
generally:attract large numbers of patrons;may be disruptive of the area;and occasion the need
for planning in regard to traffic control, emergency vehicular access, health concerns and the like.
The provision is not intended to regulate such minor events as church bazaars,yard sales,bake
sales, car washes,picnics and the like which generally are not disruptive of the area and require
only minimal logistical planning;nor is it intended to permit permanent amusement facilities.
Each such event shall be sponsored by one or more not-for-profit organizations operating
primarily in the county and/or the city of Charlottesville.
No event shall extend for a period longer than that provided by the board of supervisors in the
conditions of the special use permit.A separate special use permit shall be required for each
event.
Page 12
Special use permits may be issued by the board of supervisors pursuant to this section, upon
finding:
a. That the public roads serving the site are adequate to accommodate the traffic which would be
expected to be generated by such event;
b. That the character of such use will be in harmony with the public health,safety and welfare,
and uses permitted by right in the district and will not be of substantial detriment to adjacent
property in terms of smoke,dust, noise, hours of operation, artificial lighting or other specific
identifiable conditions which may be deleterious to the existing uses of such property.
Except as the board of supervisors may expressly add or delete conditions in a particular case,
each such permit shall be subject to the following conditions:
a.A preliminary plan showing access,parking, vehicular and pedestrian circulation, and method
of separation of the same shall be approved by the director of planning;
b. Such organization shall have made adequate arrangements with the county sherd fire and
rescue squads, and the local office of the Virginia Department of Health for the conduct of such
event;
c.Adequate arrangements have been made for the removal of trash and debris, reseeding and
general restoration of the site following the event. The board of supervisors may establish and
require the posting of a bond in an amount deemed by the zoning administrator to be sufficient for
such purpose.
c. It will be helpful to have a sketch plan that outlines how the property
accommodates this event. Please also note how long the event has been
occurring. You can also mention in a narrative description how you've
coordinated with relevant agencies.
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