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HomeMy WebLinkAboutSP201000050 Legacy Document 2012-11-08 (4)COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name:SP2010 -00049 Howardsville Camping Staff: Scott Clark, Senior Planner SP2010 -00050 Howardsville Canoe Livery Planning Commission Public Hearing: Board of Supervisors Public Hearing: TBA November 13, 2012 Owner /s: Crews, James E, Richard L Crews, John R Applicant: James E. Crews Crews & Willie Jones Acreage: 15.2 acres Special Use Permit: SP201000049 Howardsville Camping: 10.2.2.20. Day camp, boarding camp (reference 5.1.05) SP201000050 Howardsville Canoe Livery: 30.3.05.2.1 (2): Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all types. TMP: 139A0000001600, 139A0000001700, Existing Zoning and By -right use: RA Rural Areas - 139A0000001900, 139A0000002000, 139A0000002100 agricultural, forestal, and fishery uses; residential Location: Baber Lane, Howardsville, at the intersection of density (0.5 unit /acre in development lots) ); FH James River Road (Route 626) and Howardsville Turnpike Flood Hazard - Overlay to provide safety and (Route 602) protection from flooding Magisterial District: Scottsville Conditions or Proffers: n/a RA (Rural Areas) and Flood Hazard Overlay Requested # of Dwelling Units: n/a Proposal: Campground and canoe livery on parcel adjacent Comprehensive Plan Designation: Rural Areas - to the James River preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots) Character of Property: Flat, partially - wooded floodplain Use of Surrounding Properties: Residences, farms, at the confluence of the James and Rockfish Rivers. and forests Factors Favorable: Factors Unfavorable: SP2010 -00049 (Campground): ound): SP2010 -00049 (Campground): ound): 1. Improvements to the site would be minimal and 1. The location of the campsites and access roads in reversible. the wooded portion of the site and close to the 2. Conditions of approval requiring quiet hours and river bank impacts the wooded stream buffers on prohibiting amplified sound systems would limit the site. However, in an attempt to balance these noise impacts on nearby properties. impacts with the desire of campers to be in 3. The recommended requirement to remove portable shaded sites near the water rather than in the toilets from the site before major flood events would open, staff has worked with the applicants to keep waste from entering the river. limit these impacts and specify forest - protection 4. The recommended requirement to notify campers of areas. flood events would benefit public safety. SP2010 -00050 (Canoe Liven : SP2010 -00050 (Canoe Livery): 1. Improvements to the site would be minimal and No unfavorable factors were found. reversible. 2. The recommended requirement to remove the canoe livery's vehicles and equipment from the site before major flood events would limit flood damage and prevent pollution. RECOMMENDATION: Staff recommends approval of these special use permit requests with conditions. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: PETITION: PROPOSED: Scott Clark November 13, 2012 TBA SP201000049 Howardsville Camping: Campground with 24 sites for recreational vehicles, 24 tent sites, building for office and restrooms. SP201000050 Howardsville Canoe Livery: Canoe - rental livery with use of campground building for office and storage (see SP201000049) ZONING CATEGORY /GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit /acre in development lots); FH Flood Hazard - Overlay to provide safety and protection from flooding SECTION: SP201000049 Howardsville Camping: 10.2.2.20 Day camp, boarding camp (reference 5.1.05) SP201000050 Howardsville Canoe Livery: 30.3.05.2.1 (2): Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all types. COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) ENTRANCE CORRIDOR: No LOCATION: Baber Lane, Howardsville, at the intersection of James River Road (Route 626) and Howardsville Turnpike (Route 602) TAX MAP /PARCEL: 139A0000001600, 139A0000001700, 139A0000001900, 139A0000002000, 139A0000002100 MAGISTERIAL DISTRICT: Scottsville COMPREHENSIVE PLAN: The Comprehensive Plan designates the property as Rural Area. CHARACTER OF THE AREA: Howardsville is a historic settlement located at the confluence of the Rockfish and James Rivers that once served as the embarkation point for agricultural goods from the Shenandoah Valley, which were hauled over the Blue Ridge for shipment to Richmond on the James River. Today Howardsville is included in the Southern Albemarle Rural Historic District, and is a largely residential village with a country store. In the nearby area, the floodplain of the James includes many cattle pastures, while the uplands are largely wooded. The CSX railway passes between the site and Howardsville itself. The site for this proposal was formerly the central portion of Howardsville, but the structures in this portion of the town were destroyed by flooding. After the catastrophic floods caused by Hurricane Camille (one of the strongest hurricanes ever recorded) in 1969 and another major flood event in 1972, this portion of the town was abandoned. Baber Lane, which provides access to the site, was the access to a bridge over the James River until Camille, and later served as the access to a state - operated boat ramp. The access and ramp are now owned by the applicants. PLANNING AND ZONING HISTORY: AP200900005: An appeal of the Zoning Administrator's decision that a structure built on the site was not permitted, as it was a dwelling constructed in the floodway. This appeal was denied by the Board of Zoning Appeals. APPLICANT'S PROPOSAL AND JUSTIFICATION The applicant proposes to construct and operate a 48 -space tent campground and a canoe livery on his property adjacent to the James River in Howardsville. No structures would be constructed, and the campground would not have individual hookups for water or electricity. As septic fields are not permitted in this location, sanitary facilities would be provided by portable toilets. CONFORMITY WITH THE COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject properties as Rural Areas, emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources as land use options. The Rural Areas plan recommends appropriately - scaled "alternative uses," including commercial recreation, that can operate appropriately in rural settings and that can provide alternatives to development of rural sites. (However, it should be noted that, as this site is in a floodway, residential development or buildings of any sort would not be permitted.) The Plan states that alternative and commercial uses in the Rural Areas should be: Reversible (so that the land can easily return to farming, forestry, conservation, or other preferred rural uses); The development of primitive campsites and a parking area would be easily reversible. scaled and sited to cause minimal impacts on their rural surroundings; Potential noise impacts on nearby properties are addressed by recommend conditions of approval. With no structures and 48 campsites, the scale of the use is not overwhelming to its surroundings. The main visual impact would be parked vehicles belonging to campers and canoeists. minimal in their public health and environmental impacts; and The floodplain location of the proposed use raises health and environmental concerns. Staff feels that the recommend conditions of approval requiring removal of portable toilets and canoe - livery equipment before major floods are necessary to address those concerns. viable with no increase in public infrastructure or services, either at time of approval or later. No new public infrastructure would be needed for the creation of this use. However, the increased number of customers on the site could increase the need for Police and Fire/Rescue services. STAFF COMMENT: Section 31.6.1 of the Zoning Ordinance below requires that special use permits be reviewed as follows (staff comments address both Special Use Permit requests): Will the use be of substantial detriment to adjacent property? The expected impacts of a campground on adjacent properties could include noise and light impacts. The fact that the proposed campground would be a tent -only facility with no electrical hookups limits the potential impacts compared to an RV campground or a facility with power. In order to address noise impacts from voices, the applicant has offered to enforce "quiet hours" from 9:30 p.m. to 7 a.m., and to prohibit the consumption of alcohol at the campground. Will the character of the zoning district change with this use? The improvements to the site would be minimal and reversible. The canoe livery would add more activity, especially on weekends. No change to the overall character of the Rural Areas and Flood Hazard Overlay zoning districts is expected. Will the use be in harmony with the purpose and intent of the zoning ordinance? While the use is not directly supportive of any particular aspect of the purposes of the zoning ordinance, its minimal nature and reversibility mean that it is not contrary any of those purposes. Will the use be in harmony with the uses permitted by right in the district? The proposed campsite and canoe livery are not expected to create significant impacts on agriculture or forestry in the area. Noise and light impacts on nearby residences are possible, but the primitive nature of the campsites and the absence of electrical power and amplified sounds systems would limit those impacts. Will the use be in harmony with additional regulations provided in section S? 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 whether or not a site development plan is required; The Fire /Rescue Department has reviewed this request, and has informed the applicants of the fire- management standards that they must comply with. b. All such uses shall conform to the requirements of the Virginia Department of Health Bureau of Tourist Establishment Sanitation and other applicable requirements. The request has been reviewed by the Virginia Department of Health, which will be responsible for monitoring compliance. There are no additional regulations in section 5 for boat liveries. Will the public health, safety and general welfare of the community be protected if the use is approved? As this site is in the floodplain of a major river, the potential for flood impacts is a significant concern. Staff recommends a condition of approval requiring notification of campers on the site in advance of any predicted flood events that could inundate the site. In order to prevent river pollution, staff recommends a condition of approval that would require that portable toilets be removed from the site before predicted flood events that would inundate the site. A similar condition is recommended for the canoe livery, so that vehicles, trailers, boats, or other equipment would not be caught up in a flood and cause damage or pollution. In order to protect the effectiveness of stream buffers on the site, the County Engineer has recommended a condition requiring that trees within 50 feet of the riverbank not be cleared. Staff has worked with the applicants to establish other areas of the site that would remain forested, and to establish planting standards requiring the use of appropriate native species for any reforestation of open areas. If the review of the eventual site development plan for this use reveals the need for a mitigation plan under the Water Protection Ordinance, the applicant plans to use the open areas of the site for any required plantings. The site has an existing well for water supply. To ensure safety for customers on the site, staff recommends a condition of approval that would require approval of this water supply from the Virginia Department of Health. The facility would use an existing entrance to the formerly state -owned boat ramp on the site. The Virginia Department of Transportation will not require any changes to the entrance to the site.. A site development plan will be needed for this use before it can commence. SUMMARY AND ACTION (SP 2010 -00049 Howardsville Campground) Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. Improvements to the site would be minimal and reversible. 2. Conditions of approval requiring quiet hours and prohibiting amplified sound systems would limit noise impacts on nearby properties. 3. The recommended requirement to remove portable toilets from the site before major flood events would keep waste from entering the river. 4. The recommended requirement to notify campers of flood events would benefit public safety. Factors unfavorable to this request include: The location of the campsites and access roads in the wooded portion of the site and close to the river bank impacts the wooded stream buffers on the site. However, in an attempt to balance these impacts with the desire of campers to be in shaded sites near the water rather than in the open, staff has worked with the applicants to limit these impacts and specify forest - protection areas. RECOMMENDATION: Staff recommends approval of SP2010 -00049 Howardsville Campground based upon the analysis provided herein, with the following conditions: 1. Development and use shall be in general accord with the conceptual plan titled "Howardsville Canoe Livery and Campground" prepared by Gregory A. Watson, and dated August 27, 2012 (hereafter "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan: location of campsites location of parking areas location of the access roads for the campsite (no less than 50 feet from the river bank) absence of structures Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. The area north of campsites 16 through 20 and that part of the "Common Area" shown on the Conceptual Plan that is within the existing tree line shall remain forested. No cutting or removal of trees shall be permitted, except for dead or broken trees that pose a direct threat to a campsite or as permitted by Zoning Ordinance Section 4.3c. Gathering of downed wood for firewood is permitted. 3. The portion of the "Common Area" shown on the Conceptual Plan that is outside the existing tree line may be re- forested. All plantings shall use native tree and shrub species listed in Appendix A of the Riparian Buffers Modification & Mitigation Guidance Manual, published by the Virginia Department of Conservation and Recreation; the brochure Native Plants for Conservation, Restoration, and Landscaping: Virginia Riparian Buffer Zones, published by the Virginia Department of Conservation and Recreation; and/or Appendix 7 of the Chesapeake Bay Riparian Handbook, published by the United States Department of Agriculture. 4. There shall be no temporary or permanent amplified sound system permitted for this use. 5. Quiet hours from 9 p.m. to 7:30 a.m. shall be posted and maintained by the applicant. 6. Portable toilets shall be removed from the site prior to any flood event that is forecast to inundate the site. 7. The campground operators shall notify all campers on the site in advance of any flood event that is forecast to inundate the site. 8. Consumption of alcohol shall be prohibited in the campground. 9. No trees located 50 feet or closer to the river bank shall be removed. Trees felled or broken by wind, lightning, or other natural event may be removed if they pose a threat to a campsite. 10. Compliance with the Virginia State Department of Health regarding water supply shall be verified by the Health Department prior to issuance of a zoning clearance and the commencement of the special use. 11. The use shall not commence before the subject properties are combined into a single parcel. PLANNING COMMISSION MOTION — Special Use Permit: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 2010 -00050 Howardsville Canoe Livery with conditions as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 2010 -00050 Howardsville Canoe Livery. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. SUMMARY AND ACTION (SP2010 -00050 Howardsville Canoe Livery) Staff has identified factors which are favorable and unfavorable to this proposal: Factors favorable to this request include: 1. Improvements to the site would be minimal and reversible, and have limited impact on the Flood Hazard Overlay (100 year floodplain) with the recommended conditions. 2. The recommended requirement to remove the canoe livery's vehicles and equipment from the site before major flood events would limit flood damage and prevent pollution. No unfavorable factors were found. Development and use shall be in general accord with the conceptual plan titled "Howardsville Canoe Livery and Campground" prepared by Gregory A. Watson, and dated August 27, 2012 (hereafter "Conceptual Plan "), as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development and use shall reflect the following major elements within the development essential to the design of the development, as shown on the Conceptual Plan: location of parking areas location of boat launch absence of structures Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. There shall be no temporary or permanent amplified sound system permitted for this use. 3. Portable toilets shall be removed from the site prior to any flood event that is forecast to inundate the site. 4. Any equipment associated with the canoe livery, including but not limited to vehicles, canoes, and trailers, shall be removed from the site prior to any flood event that is forecast to inundate the site. 5. The use shall not commence before the subject properties are combined into a single parcel. RECOMMENDATION: Staff recommends approval of SP2010 -00050 Howardsville Canoe Livery based upon the analysis provided herein, with the following conditions: PLANNING COMMISSION MOTION — Special Use Permit: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 2010 -00050 Howardsville Canoe Livery with conditions as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 2010 -00050 Howardsville Canoe Livery. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment A – Vicinity Map Attachment B – Site Map Attachment C – Conceptual Plan