COUNTY OF ALBEMARLE

STAFF REPORT SUMMARY

 

Project Name:  SP 2008-00061 Slingluff Dock

Staff: Scott Clark

Planning Commission Public Hearing:

May 5, 2009

Board of Supervisors Public Hearing:

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 6D1 and 67A

Location:  256 Woodlands Road (Route 676), approximately 0.3 miles north of the intersection with Earlysville Road (Route 743)

Existing Zoning and By-right use:   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

Magisterial District:  Jack Jouett

Conditions or Proffers: Yes

RA (Rural Areas)  

Requested # of Dwelling Units: n/a

Proposal:  Construction of a private floating dock on the South Fork Rivanna Reservoir

Comprehensive Plan Designation: Rural Areas - 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 a largely open residential parcel bordering on the reservoir. The reservoir parcel is a constructed drinking water impoundment with vegetated edges.

Use of Surrounding Properties:  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.

Factors Favorable:

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.

Factor Unfavorable:

1.       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

RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.

 


 

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 45-6D1 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.


 

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 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

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