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HomeMy WebLinkAboutSP200800061 Legacy Document 2009-04-27COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: SP 2008 -00061 Slingluff Dock Staff: Scott Clark Planning Commission Public Hearing: Board of Supervisors Public Hearing: May 5, 2009 TBA Owner /s: Craig L. Slingluff, Jr. Applicant: Craig L. Slingluff, Jr. Acreage: 305.741 acres Special Use Permit: 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: Tax Map 45 Parcels 6D 1 and 67A Existing Zoning and By -right use: RA Rural Location: 256 Woodlands Road (Route 676), Areas - agricultural, forestal, and fishery uses; approximately 0.3 miles north of the intersection residential density (0.5 unit /acre in development with Earlysville Road (Route 743) lots); FH Flood Hazard - Overlay to provide safety and protection from flooding Magisterial District: Jack Jouett Conditions or Proffers: Yes RA (Rural Areas) Requested # of Dwelling Units: n/a Proposal: Construction of a private floating dock Comprehensive Plan Designation: Rural Areas on the South Fork Rivanna Reservoir - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots) Character of Property: The Slingluff property is Use of Surrounding Properties: The site is a largely open residential parcel bordering on the adjacent to the South Fork Rivanna Reservoir. reservoir. The reservoir parcel is a constructed Most nearby properties are residential, but the drinking water impoundment with vegetated Ivy Creek Natural Area is nearby to the edges. southwest. Factors Favorable: Factor Unfavorable: 1. No direct impact to the water supply 1. If a significant number of these or neighboring properties is requests are approved, the resulting expected as a result of this special proliferation of boat docks could use permit. impair the primary function of the 2. No increase in flood levels will Reservoir as a drinking water result from installation of a dock. supply 3. The proposed dock is supported by the City of Charlottesville Department of Public Works, and meets the requirements of the Rivanna Water and Sewer Authority for residential boat docks. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. SP 2008 -61 PC May 5, 2009 Staff Report Page Petition: PROPOSED: Construction of a private floating dock on the South Fork Rivanna Reservoir 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: 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 ( .5 unit/ acre in development lots) ENTRANCE CORRIDOR: No LOCATION: 256 Woodlands Road (Route 676), approximately 0.3 miles north of the intersection with Earlysville Road (Route 743) TAX MAP/PARCEL: TMP 45 -6D 1 and TMP 45 -67A MAGISTERIAL DISTRICT: Jack Jouett Character of the Area: The site is adjacent to the South Fork Rivanna Reservoir. Most nearby properties are residential, but the Ivy Creek Natural Area is nearby to the southwest. Specifics of the Proposal: A special use permit is being requested in accordance with Section 30.3.05.2.1(2) of the Zoning Ordinance to allow a boat dock in the Flood Hazard Overlay zoning district. See Attachment C for the proposed design. Conformity with the Comprehensive Plan: The Comprehensive Plan recognizes the South Fork Rivanna Reservoir as a surface drinking water supply. The Natural Resources and Cultural Assets chapter of the Comprehensive Plan contains the following objective for the recreational use of water supply areas: "Allow and manage recreational uses of drinking water reservoirs and adjacent public land only as incidental uses to the primary function of water supply and in such a manner as to prevent cumulative impacts that may impair the primary function. " The Comprehensive Plan recognizes that recreational use of water supply reservoirs has the potential to threaten water quality and water supply functions, and calls for specific consideration of this issue in the following strategy: "The County should take a lead role in developing a recreation and water supply protection plan for each reservoir to address incidental recreational uses of drinking water reservoirs and adjacent public land. This effort should be coordinated with the Rivanna Water and Sewer Authority, the City of Charlottesville, Shenandoah National Park and other relevant agencies. " The County will include that coordinated planning in the next revision of the Comprehensive Plan. This particular request is for a low- impact use that is incidental to the water - supply function of the reservoir, and that poses no threat to public health. SP 2008 -61 PC May 5, 2009 Staff Report Page 2 STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The addition of one floating boat dock will not be detrimental to either the Reservoir or nearby surrounding properties. There are a number of boat docks for private recreational use already in place on the Reservoir. The nearest existing dock is approximately 500 feet to the east. that the character of the district will not be changed thereby and In past reviews of similar dock requests, the possible changes to the district caused by lighting on the Reservoir have been a significant issue. To address this concern, recent dock approvals have included a condition prohibiting lighting within 25 horizontal feet of the Reservoir. The same condition of approval is recommended in this case to be consistent with past practice. There are approximately 20 boat docks already in place on the Reservoir. These boat docks do not appear to detract from the primary use of the Reservoir as a water supply reservoir because of their size, materials, and periodic usage. This proposed boat dock would not change the character of the Rural Area zoning district or the character of the use of the Reservoir. A proliferation of residential boat docks, however, would change the appearance of the Reservoir and potentially provide for a more recreational character than a water supply character. In recognition of this and the Comprehensive Plan strategy noted earlier in this report, this issue will be addressed as part of the upcoming update of the Natural Resources and Cultural Assets chapter of the Comprehensive Plan. Since 1999, there have been four special use permit requests for private docks on the South Fork Rivanna Reservoir, all of which were approved by the Board of Supervisors. and that such use will be in harmony with the purpose and intent of this ordinance, The floating dock will be designed to respond to changes in flood levels and not impede the natural flow of water, unless it were to break loose and travel downstream to the dam. The dock would be anchored to avoid being broken loose by floods. The County Engineer has confirmed that there will be no increase in flood elevations by installing a floating dock. with uses permitted by right in the district, By -right uses in the Rural Areas include single family and duplex uses, public uses and buildings, agricultural, forestry, boating, and fishery uses. This use is not expected to create conflicts with the uses permitted by- right. with additional regulations provided in section 5.0 of this ordinance, There are no supplementary regulations relating to boat docks in Section 5.0 of the Zoning Ordinance. and with the public health, safety and general welfare. Sections 11 -300 through 11 -306 of the Albemarle County Code address water supply reservoirs utilized by the Rivanna Water and Sewer Authority and regulate the use and activity on each reservoir. Section 11 -304 specifically addresses activities on the South Fork Rivanna Reservoir. Authorized activities are SP 2008 -61 PC May 5, 2009 Staff Report Page 3 fishing, canoeing, boating (no internal combustion engines), hiking, bird watching, and picnicking. Swimming is specifically prohibited under this section. Given those regulations and the proposed use of this dock —for the launching of non - powered boats only —the dock is not expected to have negative public - health impacts. SUMMARY: Staff has identified the following factors favorable to this application: 1. No direct impact to the water supply or neighboring properties is expected as a result of this special use permit. 2. No increase in flood levels will result from installation of a dock. 3. The proposed dock is supported by the City of Charlottesville Department of Public Works, and meets the requirements of the Rivanna Water and Sewer Authority for residential boat docks. Staff has identified the following factor unfavorable to this application: 2. If a significant number of these requests are approved, the resulting proliferation of boat docks could impair the primary function of the Reservoir as a drinking water supply RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 2008 -61 Slingluff Dock with the following conditions: 1. There shall be no lighting within 25 horizontal feet of the Reservoir, measured from the elevation of normal pool, which is Elevation 382 (North American Vertical Datum of 1988). 2. There shall be no removal of vegetation or earth disturbance with the 200 -foot stream buffer associated with the installation of the boat dock. The stream buffer is measured from the edge of the floodplain, which is Elevation 391. 3. There shall be no other structures, such as decking or stairs, constructed in the 200 -foot stream buffer. ATTACHMENTS Attachment A – Area Map Attachment B – Detail Map Attachment C – Sketch Plan SP 2008 -61 PC May 5, 2009 Staff Report Page 4 Stingtu, ff Dock 0 625 1,250 2,500 Feet ► Prepared by Albemarle County Community Development Dept. Map c Bated by Scott Clark, June 2007. ► Note: The map elements depicted a e graphic representations and a not to he c nstrued o sed a a -legal de scription. This map is for display purposes only. ► Parcel h._dari as r re flectsmost re_ nt a ailahle data. ► Aerial photos 2002 Commonwealth of Virginia SP 2008 -61 PC May 5, 2009 Staff Report Page 5 N Attachment A �2� gL4B m S a ry VO� n a c� N. cn koF o o ¢ a y ° h �CFMOON.C� aa_2i �5.5� �� rANN � r � P Q h Slingluff Property Q{aR�BLUFF RD A 45 -6D 45.31P � v P cn 4s) Q ,... � ,.�_ h�P 45.3 �,5 ,• O � ��Q' as Y S r P� 45.2p �H✓�'yG ry� M��RS pR # Stingtu, ff Dock 0 625 1,250 2,500 Feet ► Prepared by Albemarle County Community Development Dept. Map c Bated by Scott Clark, June 2007. ► Note: The map elements depicted a e graphic representations and a not to he c nstrued o sed a a -legal de scription. This map is for display purposes only. ► Parcel h._dari as r re flectsmost re_ nt a ailahle data. ► Aerial photos 2002 Commonwealth of Virginia SP 2008 -61 PC May 5, 2009 Staff Report Page 5 N Attachment A 45-503 h � low 45.5p ,y a rE h Slingluff Property' ., ZIU r� rte, • ; A_ �'�' '�'� - .. ..� 1« � O �` �•' �.,�.� ! s. - " 72 '. n w .ti. D q' a cr \ h t p 5 a Stingtu, ff Dock 0 62.5 125 250 Feet Proposed Dock Location Prepared by Albemarle County Community Development Dept. Map c Bated by Scott Clark, June 2007. Note: The map elements depicted a e graphic representations and a not to he c nstrued o sed a a legalydescription. This map is for display purposes only Paxcel houndariesrxeflectsmost r ant a ailehle data. Aerial photos 2002 Commonwealth o£ Virginia SP 2008 -61 PC May 5, 2009 Staff Report Page 6 n w D Proposed Dock Location Prepared by Albemarle County Community Development Dept. Map c Bated by Scott Clark, June 2007. Note: The map elements depicted a e graphic representations and a not to he c nstrued o sed a a legalydescription. This map is for display purposes only Paxcel houndariesrxeflectsmost r ant a ailehle data. Aerial photos 2002 Commonwealth o£ Virginia SP 2008 -61 PC May 5, 2009 Staff Report Page 6 Schem tic of Dock Design TMP 45 -- 6D1 8 ft Slinghiff dock 11 -22 -08 Dock made of 2 floats, one 6x'12 feet & one fix$ feet, connected to shore with a 6x4 foot connector, of which 3 feet extends beyond the shoreline, which, in turn, is connected to a 6x4 foot platform on the shore. The total length of the dock from the shoreline is 21 feet (3 + 12 + 6 feet). Mooring eyes will be placed on each side of the dock and will be tethered to mooring stakes at the shoreline as shown. Attachment C SP 2008 -61 PC May 5, 2009 Staff Report Page 7 Slinglutidock 11.22 -08 Schematic of Dock Design TMP 45 — 6DI Side view The dock will be constructed of durable composite boards (available from MWP Supply, Inc., 322 Washington St., Madison, VA). one 12x6 foot dock float and one 8x6 foot dock float will be constructed and supported on durable floats made of extruded polystyrene, expanded polystyrene, or a copolymer of polystyrene, in accordance with instructions from the Rivanna Water and Sewer Authority. The 8x6 foot dock float will be oriented at right angles to, and at the far end of, the 12x6 foot dock float. The dock will be anchored within the reservoir using an anchor cable connected to a sentinel 1- gallon concrete weight, which will be connected in turn to a 5- gallon concrete weight. SP 2008 -61 PC May 5, 2009 Staff Report Page 8