STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER. Naked Falls Recreational Day Use Area and Campground

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1 Skamania County Community Development Department Building/Fire Marshal Environmental Health Planning Skamania County Courthouse Annex Post Office Box 1009 Stevenson, Washington Phone: Inspection Line: STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER PROJECT: Naked Falls Recreational Day Use Area and Campground FILE # CU REQUEST: The Applicant is requesting a conditional use permit to operate day use area and private campground as a recreational facility at Naked Falls, an existing popular recreational location for swimming on the Washougal River. I. GENERAL INFORMATION Owner(s): Go River, LLC Applicant(s)/Applicant(s) Steven Epling, NE 78 th Way, Vancouver, WA Representative: Tax Parcel Number: Location: Comprehensive Plan Designation Zoning: Square Footage/Acreage: Proposed Use: Density Sanitary Sewer District: Domestic Water Supplies: A parcel of land located within the SE ¼ and south half of the NE ¼ of Section 1, T2N, R5E, W.M. of land formerly owned by Longview Timberlands. DNR Road W2000. Commercial Resource Lands 40 of the West End Community Subarea Comprehensive Plan West End Commercial Resource Lands 40 (WE- CRL40) acres Private Campground and Day Use Area Not Applicable Proposed On-site Septic System Proposed Private Exempt Well Fire District: Fire District # 4 School District: Washougal School District #112-6 Drainage Basin: Columbia River CU Staff Report Page 1 of 25

2 WRIA: Washougal River WRIA Number: WRIA 28 II. HISTORY/BACKGROUND: Areas along the Washougal River have been known as official and unofficial recreation locations for swimming, fishing, cliff jumping camping and general exploring for many decades. Several locations have population surges during the warmer summer months including the applicant s property which contains Naked Falls approximately 20 miles upstream along the Washougal River. The Naked Falls Recreational Area has been a known unofficial recreation area for visitors and includes already established trails from the road to the falls, camping sites and cleared areas for jumping. The property, located in Section 1, Township 2N, Range 5E of the Willamette Meridian was previously owned by corporations including Weyerhauser and Longview Timberlands who used the property for forest practices. In 2016, then owner Weyerhauser began restricting access to the Naked Falls property due to nuisance complaints, trespassing and other safety related incidents. The applicant proposed to buy the land from Weyerhauser with the intention of maintaining Naked Falls as a recreational area and restoring public access. The applicant purchased the property in 2017 and proceeded to restore public access. The property includes river access, established camping sites and cleared areas for jumping. The Applicant is proposing to maintain the day use area at Naked Falls and upgrade and expand the existing primitive camp sites to a private campground in conjunction with the recreational uses on site. The proposed campground is comprised of up to 10 tent sites of sizes between 10 ft. x 10 ft. and 20 ft. x 20 ft. Development of the camp sites will be phased over several years and will use as much of the existing developed sites as possible. A bathroom with a Men s and Women s side is proposed with toilet and shower facilities. A private well and onsite septic system would be used to support the restroom facilities. A campground host cabin approximately 24 ft. x 24 ft. with a loft is proposed, consisting of a bathroom, kitchen, bedroom and a separate structure <200 square feet as equipment storage and an office. The Applicant submitted a conditional use application on March 22, 2017 which was deemed complete on February 13, 2018 (Attachment A). In 2005, the Skamania County Board of Commissioners under Skamania County Code Title 8 Health and Safety adopted Skamania County Code 8.60 Dougan Falls Safety Corridor, to enhance safety within the Dougan Falls area due to historic injury and fatal incidents within the Dougan Falls and Naked Falls area from recreational activities associated with the Upper Washougal River. In 2017, the BOCC adopted new language under ordinance allowing for the development of private campgrounds within the Dougan Falls Safety Corridor as Section had previously prohibited camping with exception of the designated Washington Department of Natural Resources (DNR) campground at Dougan Creek. CU Staff Report Page 2 of 25

3 Photo 1 Naked Falls Recreation Area III. SEPA THRESHOLD DETERMINATION: (Attachment B) A Mitigated Determination of Nonsignificance was noticed to property owners within 500 feet of the proposed property, interested parties and posted in the Skamania County Pioneer and on the Skamania County website by February 21, One comment was received from the Washington Department of Ecology with standard recommendations. IV. PUBLIC HEARING NOTICE: (Attachment C) Skamania County Code (SCC) Section of the Zoning Code requires notice of the Conditional Use to adjacent property owners within 500 and interested parties no less than 20 days prior to the hearing. Notice of the Public Hearing to all adjacent land owners within 500 feet and interested parties sent on February 21, 2018 Notice of Public Hearing for March 19, 2018 posted on the Community Development Department Web page on February 21, Skamania County Code (SCC) Section also requires publication of the Notice of Hearing in the official county paper not less than 10 days prior to the Hearing. Notice of Public Hearing was published in the Skamania County Pioneer on February 28, At the time of the completion of the Staff Report no comments had been received. CU Staff Report Page 3 of 25

4 V. AGENCIES CONTACTED: County Fire Marshal Building Division Environmental Health Division Engineering Commissioners Assessor Skamania County PUD #1 Washington State Department of Fish and Wildlife Cowlitz Indian Tribe Nez Perce Tribe Confederated Tribes and Bands of the Yakama Nation Confederated Tribes of the Warm Springs Reservation Confederated Tribes of Umatilla Indian Reservation CU Staff Report Page 4 of 25

5 VI. NATURAL ENVIRONMENT A. Topography: The subject parcel is located in a Class II Landslide Hazard Area as defined in Section 21A of the County s Critical Area Ordinance. Section 21A designates that all slopes greater than 30 percent. and slopes between 20 and 30 percent underlain by soils that consist of silt, clay, or bedrock as Class II Landslide Hazard Areas. As shown below in figure 1 below, portions of the subject parcel have slopes greater than 30 percent (red areas) as well as slopes between 20 percent and 30 percent (orange areas). As a condition of approval, the applicant shall be required to submit a geotechnical assessment report for any buildings or structures exceeding 120 square feet not subject to building permit requirements in accordance with Chapter 21A.060. Figure 1 Slope and Landslide GIS Overlay CU Staff Report Page 5 of 25

6 B. Soils: The subject parcel is located in a Class I Erosion Hazard Area as defined in Section 21A of Skamania County Critical Area Ordinance. The USDA Natural Resources Conservation Service (NRSC) GIS data layer identifies three soil types on the parcel as shown in figure 2 below. Zygore-Aschoff-Swift Rock outcrop complex, (id#5) is described as a very deep well drained soil typically found on nearly level to very steep soils on mountain slopes consisting of very gravelly loam to very gravelly silt loam with moderate permeability, moderately high water capacity, rapid runoff, and severe water erosion hazard. Kinney clay loam with 30 to 65 percent slopes (id#58) is described as very deep well drained soil typically found on back slopes with moderate permeability, high water capacity, medium runoff, and moderate water erosion hazard. Washougal loam with 0-3 percent slopes (id#157) is described as very deep well drained soil typically found on terraces with moderate permeability in the upper part and very rapid in the lower, low water capacity, slow runoff and a slight water erosion hazard. As a condition of approval, the applicant shall use industry standard best management practices during development to minimize the potential for erosion. Figure 2 NRCS Soil GIS Overlay Figure 2 NRCS Soil Overlay CU Staff Report Page 6 of 25

7 C. Surface Water: The GIS Hydrology Data layer provided by Washington State Department of Natural Resources indicates that the subject parcel is adjacent to the Washougal River and the proposed conditional use application proposes development to the area east of the Washougal River and Naked Falls. A fish bearing Class III stream (Reader Creek) and an unnamed Nonfish bearing Class V stream are present within the proposed conditional use area on the subject parcel (Figure 3). Figure 3 DNR GIS Hydrology The Washougal River is a designated shoreline. The shoreline is within the Conservancy Environment which allows public access areas, roads, trails, and private campgrounds. The Conservancy Designation requires a 50-ft. setback from the ordinary high-water mark for all new structures. A substantial development permit will be required for new development within 200 ft. of the ordinary high-water mark. The Washougal River (A designated Shoreline), Reader Creek (Class III stream) and an unnamed stream (Class V stream) (Photo 4) require a minimum undisturbed buffer of 100 feet, 100 feet and 25 feet respectively per SCC Title 21A c of the Critical Areas ordinance. Per SCC 21A C.2 The ordinance allows for swimming which is the primary recreation associated with Naked Falls. Additionally, the Applicant s narrative has stated that the proposed initial camp sites and fire pits proposed are existing (Photo 5). SCC 21A C.2 allows repair of existing serviceable structures, roads and trails, structures less than 120 square feet which do not require a permit, and existing structures already located within watershed CU Staff Report Page 7 of 25

8 protection area buffers that expand one hundred percent or less of the original footprint. As a conditional of approval, the applicant shall maintain all required critical areas buffers or shall obtain a critical areas variance for new nonexempt development within these buffers. D. Vegetation: Existing vegetation on the parcel includes timber harvested areas on the parcel. Treed buffer zones appear present along rivers and streams on the parcel as shown in figure 4 below. Figure 4 Aerial Photo DNR Flight Date July 6, 2015 CU Staff Report Page 8 of 25

9 E. Wildlife: The GIS Data Layer provided by Washington State Department of Fish and Wildlife (WDFW) shows that the following endangered, threatened, sensitive, candidate, or priority species sites are within 1,000 feet of the subject property: Mule and Blacktail Deer, Larch Mountain Salamander and the following known, endangered, threatened, sensitive, candidate, or priority fish species within 250 feet of the subject site: Rainbow Trout, Steelhead trout. At the time of this staff report, no comment has been received for the SEPA or Notice of Hearing from the Washington Department of Fish and Wildlife or other interested parties. Figure 5 Washington Department Fish and Wildlife Map VII. NEIGHBORHOOD CHARACTERISTICS: Per the applicant, Naked Falls has a long history of unofficial recreational activity such as swimming and camping. There are also 2 official recreational areas only about a mile in either direction from Naked Falls (see attached map). Dougan Creek Campground lies south of Naked Falls. It consists of 7 campsites with picnic tables and firepits and restroom facilities. Three Corner Rock Trailhead is North of Naked Falls and is a popular day use area for hikers. W2000 hosts several other recreational areas at greater distances but those two are prime examples of similar recreational uses in very close proximity to Naked Falls. The surrounding parcels consist primarily of Commercial Forest Lands including lands owned by the State of Washington, private timber companies and two private landowners. There are ten parcels within 500 of the subject parcel. One parcel has an established Washington Department CU Staff Report Page 9 of 25

10 of Natural Resources campground, Dougan Creek Campground, present at Dougan Falls. The average lot size of the parcels is 1222 acres; however, 2 parcels are significantly larger ( and acres) which may skew average acreage up. The zoning classifications within 500 feet of the subject parcel are West End Commercial Resource Lands (WE-CRL40), West End Forest Lands 20 (WE-FL20) and National Scenic Area Special Management Area (NSA-SMA) as shown below on figure 5. Figure 6 Zoning Only one parcel in the surrounding area is developed. Dougan Creek Campground is located approximately 1.5 miles south of the Naked Falls property and is maintained by the State of Washington Department of Natural Resources near Dougan Falls. Photo 2 -Dougan Creek Campground CU Staff Report Page 10 of 25

11 VIII. ACCESS Finding: The subject parcel is located off Washougal River Road public road. At the parcel Washougal River Road (DNR W-2000) has a 60-foot ROW easement capable of handling additional traffic. The Road Easements recorded under file number and of the Auditor Records (Attachment E) are applicable to the subject parcel. The Easement Agreement allows for the for the Grantee to authorize third parties easement across the road identified as the W Road. Should the applicant use the Road for commercial purposes or the Dominant Estate for non-residential, commercial insurance requirements may apply per the road easement agreement. Most of the campground facility is located along the W1300 Road which runs parallel to the W2000 on the east side of the Washougal River. No easement has been recorded for the W1300 Road where the initial phase of the campground facility is proposed. Figure 7 Existing Easement Location CU Staff Report Page 11 of 25

12 IX. PUBLIC SERVICES The County Sheriff, EMS, and volunteer fire districts provide Emergency Services in Skamania County. As previously mentioned above under Section I (General Information) of this report, the subject parcel is located within Fire District 4 service area. Emergency services need to respond to and from emergencies as quickly and efficiently as possible with a minimum amount of difficulty. The applicant has ample room for emergency vehicle access as shown in the photo 3 below. Photo 3 Applicant s Approach to the Campground across Bridge X. UTILITIES A. Stormwater: Skamania County does not have a Stormwater Ordinance to prevent stormwater runoff from affecting adjacent parcels. B. Wastewater Disposal: The applicant is proposing sewer disposal through the use of a new onsite septic system. As a Condition of Approval, the applicant shall apply for and obtain approval for a new onsite septic system through the Skamania County Site Evaluation Application and OSS System Design and Permit Application process. C. Potable Water: The applicant is proposing to provide potable water to the facility through the proposed bathroom and shower facilities. As a Condition of Approval, the applicant shall apply for a water adequacy verification application and contact Skamania County environmental health division to determine if they are exempt under the State code for public water systems if the applicant decides to provide customers with a restroom with public amenities. CU Staff Report Page 12 of 25

13 XI. PUBLIC CONCERNS The County did not receive any comments at the time of this staff report. XII. CRITERIA FOR APPROVAL STAFF ANALYSIS West End Commercial Resource Lands 40 (WE-CRL40) A. Purpose Intent West End Commercial Resource Lands 40 (WE-CRL40) zone classification is intended to designate and protect forest, agricultural, and mineral resource lands of long-term significance. This designation shall consider the proximity to human settlement, the size of the parcel, and the long-term economic conditions for the commercial production of timber and agriculture, and the commercial extraction of minerals. B. Allowable Uses 1. Forest practices and associated management activities of any forest crop, including but not limited to timber harvest, harvesting of forest resources (mushrooms, bear grass, boughs, berries, etc), Christmas trees, and nursery stock; 2. Log sorting and storage area, scaling stations, forest industry storage and maintenance facilities, sawmills, shake and shingle mills, and chipper facilities; 3. Commercial and domestic agriculture; 4. Management and enhancement of unique biological areas, propagation of fish and wildlife, and water resource management facilities; 5. Scientific monitoring or research devices; 6. Storage of explosives, fuels, and chemicals allowed by state and federal laws; 7. Attached communication facilities located on BPA towers, (in accordance with SCC Section ); 8. Public and/or semi-public facilities and utility systems; 9. Historic sites open to the public that do not interfere with resource land management; 10. Extraction of gravel and rock for road and trail construction and maintenance purposes, and the operation of portable rock crushers, provided the material is used within the WE-CRL40 designation, WE-FL20 designations, or on the forest owner s property; 11. Accessory uses normally associated with an allowable use; 12. Landscaping features, (not located within a critical area); C. Administrative Review Uses 1. Attached communication facilities located on non-bpa towers, (in accordance with SCC Section ). 2. Temporary crew quarters and/or farm labor housing in conjunction with forest and agricultural activities. D. Conditional Uses 1. Communication tower(s), (in accordance with SCC Section ); 2. Recreation facilities; 3. Sand and/or gravel pit, stone quarry, mining, crushing, stockpiling or mineral resources and similar uses for the development of natural resources extracted onsite, and not otherwise outright permitted above; CU Staff Report Page 13 of 25

14 4. Private aircraft landing field as an accessory use to forest management or a legal non-conforming use; 5. Natural resource training/research facilities; E. Temporary uses permitted. 1. Temporary uses shall be permitted in accordance with the requirements of SCC Section F. Prohibited Uses 1. Any uses not listed above are prohibited G. Minimum Development Standards 1. Lot Size The standard minimum lot size, dimensions, and proportions shall be as follows (unless the local health authority requires a greater lot size): a. Minimum lot size shall be forty acres. 2. Density Requirements a. No dwelling units are allowed in the WE-CRL40 zone classification. 3. Setbacks The following are the minimum lot line setbacks for all buildings and accessory buildings: a. Front Yard: No building or accessory building shall be constructed closer than fifty feet from the centerline of the public road right-of-way or thirty-five feet from the centerline of a private road (not including private driveways), or twenty feet from the front property line, whichever is greater. b. Side Yard: No building or accessory building shall be constructed closer than twenty feet from the property line on each side of the structure. c. Rear Yard: No building or accessory building shall be constructed closer than twenty feet from the rear property line. d. Non-Conforming Lots: Lots of less than two acres in size shall conform to standard building code setback requirements. e. A Yard That Fronts on More Than One Road: The setback requirement for the front yard of a lot that fronts on more than one road shall be the required setback for that zone classification. All other frontages shall have a setback of fifteen feet from the property line, the edge of the public road right-of-way, or private road easement, whichever is greater if the parcel is less than two acres. If the parcel is greater than two acres the setback shall be twenty feet from the property line, the edge of the public road right-of-way, or private road easement, whichever is greater. f. Cul-De-Sacs and Hammerhead Turnarounds: The setback requirement for a culde-sac or hammerhead turnaround shall be twenty feet from the property line, the edge of the public road right-of-way, or private road easement, whichever is greater. 4. Other Standards a. Building height limit for permitted uses shall not exceed thirty-five feet above grade, with the exception of SCC Section , and SCC Section b. No building or structure shall be located within any easement. (Ord , ) CU Staff Report Page 14 of 25

15 Findings: The proposal is for private camp ground and day use facilities associated with the existing recreational facility of Naked Falls. Specific structures proposed for the conditional use include office less than 200 square feet in size, a camp host cabin approximately 24 feet x 24 feet in size, a restroom facility, and up to ten camp sites. Recreational facilities in the WE-FL40 zoning require a conditional use permit. The proposed campground is approvable as part of the recreational facility. Accessory uses are allowed with another normally allowable use. Review for any future construction of buildings or additions will be under the code provisions in place at the time of submittal of a building or development permit application. The proposal includes a camp host cabin. Because single family residences are not an allowable use in this zone, the approval should be conditioned to ensure that the cabin is only used in association with the recreational facility and not as an independent dwelling unit. As a condition of approval, the campground and associated facilities may only be operated in association with recreation at the Naked Falls recreational facilities. The campground host cabin shall only be used to accommodate lodging for an onsite campground host. The host cabin and other structures on the property may not be utilized as a single-family residence Hearing examiner Duties and responsibilities The hearing examiner shall hear and decide: A. Applications for conditional uses Conditional uses are those uses which may or may not be compatible with permitted uses in a specific zoning designation. If the hearing examiner determines that the use is not compatible with permitted or existing uses in the specific area of the proposed use, then the proposed use shall be denied. Alternatively, if the hearing examiner determines that the proposed use is compatible with permitted and existing uses in the specific area of the proposed use, then the proposed use may be approved or approved with conditions to make it compatible with the area. 1. In determining whether the use is compatible with the area, the proposed use shall: a. Be either compatible with other uses in the surrounding area or be no more incompatible than are other outright permitted uses in the applicable zoning district; Finding: Currently there are forestry and timber harvest operations on parcels surrounding the site. The proposal is compatible with other similar recreational uses in the surrounding area. The Washington Department of Natural Resources operates a public campground at an adjacent parcel on Dougan Falls approximately 1.5 miles downstream from the proposed area which is adjacent to another popular recreation area Dougan Falls. Per Skamania County Code 8.60, camping is allowed at the Dougan Falls Campground (operated by the DNR) and in countyapproved private campgrounds which contains this parcel. Both parcels lie within the Dougan Falls Recreation Safety Corridor as defined in Skamania County Code The code states: Creation of Dougan Falls recreation safety corridor. In the interest of public safety and in order to create a safe recreational opportunity, the Dougan Falls recreation safety corridor is created. (Ord (part)) Boundaries. CU Staff Report Page 15 of 25

16 The boundaries of the Dougan Falls recreation safety corridor includes one thousand feet on either side from the centerline of the Washougal River beginning at Milepost on the Washougal River Road continuing north to Milepost on the Washougal River Road (Washougal River fish hatchery) and beginning again at the southern end of the Dougan Falls bridge and extending north by northeast to the area commonly known as the Three Corner Rock trailhead, inclusive of the Washington Department of Natural Resources (DNR) 2000 Road. (Ord (part)) Prohibited activities. Notwithstanding conduct that is already prohibited by local ordinance, rule, or state statute, the following activities are expressly prohibited within this safety corridor: A. Use and/or possession of alcoholic beverages (except within county-approved private campgrounds where the private campground has established and enforces rules concerning the use and possession of alcoholic beverages at the campground); B. Discharge of firearms; C. Use of fireworks; D. Any activity including stopping or standing from one hour after sunset to one hour before sunrise (day use only); E. Camping (except within the designated DNR campground and countyapproved private campgrounds); F. Campfires (except in DNR-approved fire pits within the DNR campground and approved fire pits within county approved private campgrounds). (Ord , ; Ord (part)) Fires allowed. Other fires are permitted within the safety corridor only with a local fire department or DNR permit, upon privately owned property by the property owner, and must comply with all regulations attached thereto. (Ord (part)) Penalty. Any violation of this chapter is a misdemeanor and the punishment shall be as provided by Section of the Skamania County Code. (Ord (part)) Preservation of private property rights. Nothing in this chapter shall abridge the rights of a private property landowner in the legitimate use of their property within the safety corridor except as to the discharge of firearms. (Ord (part)) Discharge of firearms by law enforcement officers. CU Staff Report Page 16 of 25

17 Discharge of firearms shall not apply to law enforcement officers in the performance of their official duty. (Ord (part)) Severability clause. If any provision of this chapter or its application to any person or circumstance is declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder of this chapter or its application. (Ord (part)) The applicant has provided in their application narrative that the Naked Falls area has been used as a recreation area which includes sunbathing, swimming and camping for decades. The Washington State Department of Natural Resources operates a Campground at Dougan Falls which has similar features to those found at Naked Falls with exception of an approved campground and day use area. The Board adopted code through ordinance allowing approved private campgrounds to operate within the Dougan Falls Safety Corridor given specific requirements. The applicant further states in their application that there already are some unofficial developed fire pits and cleared areas for tents. As a Condition of approval, the applicant shall be required to develop rules in accordance with Skamania County Code 8.60 as applicable to camping and recreation within the zone. The proposal is also no more incompatible than other outright permitted uses in the West End Commercial Resource Lands 40 zone. For example, historic sites open to the public that do not interfere with resource land management is an allowable use that may include similar types of visitor and vehicular traffic. b. Not materially endanger the health, safety, and welfare of the surrounding community to an extent greater than that associated with other permitted uses in the applicable zoning district; Finding: The stretch of the Washougal River between Dougan Falls and the Three Corner Rock trailhead identified in the Dougan Falls Safety Corridor is a known recreation area. Stated in SCC In the interest of public safety and in order to create a safe recreational opportunity, the Dougan Falls recreation safety corridor was created. Dougan Falls Campground, a state-owned campground is located 1.5 miles from Naked Falls. The stretch of the Washougal River between Naked Falls and Dougan Falls contains a series of pools, waterfalls and rocks which are ideal for swimming and outdoor recreation. The applicant as part of the conditional use application has proposed to provide a campground host to aid in enforcement of preventing littering, illegal dumping and poaching in the area. Additionally, by providing clean drinking water through the addition of a private exempt well which would prevent the public from attempting to drink from the stream and being exposed to bacteria or parasites. In order to maintain the health, safety and welfare of the area, the following Conditions of approval are applicable to the proposed recreational facility, The day use area shall only be available from dawn until dusk. All persons and vehicles not associated with the campground will not be permitted on the premises after these hours. Rules set forth in SCC 8.60 shall apply. The campground will adhere to a policy of admission for hours between 7 A.M. and 10 P.M. A camping reservation booked ahead of time will be required. CU Staff Report Page 17 of 25

18 The number of camping sites will be limited to ten with a maximum of 2 cars per camping space. Campfires will be restricted to designated approved fire rings. Signs will be posted stating that fires outside of approved campfire rings shall not be allowed. (Attachment D, for reference) c. Not cause the pedestrian and vehicular traffic associated with the use to conflict with existing and anticipated traffic in the neighborhood to an extent greater than that associated with other permitted uses in the applicable zoning district; Finding: The area has historically generated pedestrian and vehicle traffic associated with water and camping recreation. The proposal anticipates that given a day use fee and overnight camping fee that traffic will generally be reduced within the vicinity of the parcel. As a condition of approval, the applicant shall establish a separate visible permit for vehicles associated with conditional use for camping and day use. Additionally, per the conditional use permit the day use area will be limited to 40 vehicles per day and the camping area will be limited to 20 vehicles per day as proposed. A daily log shall be maintained for review to the Community Development Department at their request within a reasonable timeframe. d. Be supported by adequate service facilities and would not adversely affect public services to the surrounding area; Finding: The applicant proposes use of private exempt wells, onsite septic systems and solar panels to provide services to the site. The host cabin would use an EPA certified wood stove for heat. The campground host would act as an onsite liaison for emergency services for the private campground should emergency services be required. Public services in the area consist of emergency services, including volunteer fire district, sheriff, and ambulance. The proposed private campground and day use area will likely not increase the public services already provided to the area or require new public services. As a condition of approval, the applicant shall apply for all necessary permits required for building and development of the campground. The applicant shall additionally develop an emergency response plan for fire, medical and police emergencies at the parcel. e. Not hinder or discourage the development of permitted uses on neighboring properties in the applicable zoning district as a result of the location, size or height of the buildings, structures, walls, or required fences or screening vegetation to a greater extent than other permitted uses in the applicable zoning district Finding: The applicant states that the project is a low impact operation. Fences or walls are not included in the plan and the applicant states that structures including buildings will be small and inconsequential to neighboring properties. Additionally, the applicant has stated their intent to retain as much of the existing vegetation as possible. As a Condition of approval, the applicant shall ensure that vehicles associated with the conditional use do not block or hinder the movement of logging trucks, heavy equipment, the public and other emergency services through the proposed parcel associated with the conditional use. CU Staff Report Page 18 of 25

19 Photo 4 Proposed Campground Location from Campground Host Cabin location. Photo 5 Looking SW along Washougal River CU Staff Report Page 19 of 25

20 f. Not be in conflict with the goals and policies expressed in the current version of the county s comprehensive plan. Findings: The subject parcel is located within the West End Community Subarea. The Board of County Commissioners adopted the West End Community Subarea Comprehensive Plan on February 27, 2007 with the subsequent zoning adopted on May 1, 2012 by the Board of County Commissioners. The West End Community Subarea Zoning is consistent with the West End Community Subarea Comprehensive Plan. The parcel is located within the Commercial Resource Lands 40 Land Use Designation of the West End Community Subarea Comprehensive Plan. Within this designation land use policy q. states that Recreation facilities should be listed as conditional uses. Naked Falls has been used as an unofficial recreational facility for several decades. 2. Criteria for determining conditions to be imposed on conditional uses shall be based on the health, safety and general welfare of the public, any environmental standards in force in Skamania County, and other applicable provisions set forth in this title and shall be subject to conditions which may include, but are not limited to, the following: a. Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor. Findings: The applicant has proposed in their application and narrative to limit the hours of operation of the day use facility to daylight hours. SCC Title D states for the Dougan Falls Safety Corridor the following is prohibited: Any activity including stopping or standing from one hour after sunset to one hour before sunrise (day use only). Additionally, the applicant has proposed to ensure a peaceful quiet atmosphere, campers will only be admitted between 9 AM and 10 PM and camping has to be booked ahead of time by appointment. A campground host will also be present onsite to manage operations of the campground and day use facilities. Per SCC Chapter Public Parks and Recreation Facilities Fires Permitted where. It is unlawful to make or kindle any fire in any park except at places designated for such purpose. (Ord , ; Ord ) Camping regulations. It is unlawful to enter or remain in any park except those allowing overnight camping during the posted closed hours, or to leave camping equipment set up and unattended for more than twenty-four consecutive hours, or to camp at the same park for more than fourteen continuous days. (Ord , ; Ord ) Findings: The applicant has proposed to restrict camp fires to designated approved fire rings and not allowing other fires per the application narrative. The applicant proposes to enforce the rule through the use of the campground host. As stated in Chapters and , as a condition of approval, the applicant shall provide and notice in the campground the approved locations (campfire rings or pits) where campfires shall be allowed. Additionally, as a condition of approval, the applicant shall limit require that camping equipment be removed CU Staff Report Page 20 of 25

21 within 24 hours if left unattended and limit camping by any individual or group to fourteen days continuously. b. Establishing a special yard, open space, lot area or lot dimensions. Findings: The applicant has provided a detailed site plan for the siting of the camp sites, campground host cabin, office and bathroom facilities. The day use area has established parking areas for access to the Naked Falls recreation facility. Figure 8 Campground Site Plan c. Limiting the height, size, or location of a building or other structure. Findings: As a condition of approval, the applicant shall apply the minimum development standards for structures within the WE-CRL40 zone per SCC Section The applicant has stated and demonstrated to staff through a site visit that several of the proposed campsites near the Washougal River, Reader Creek and the unnamed stream are existing structures. With the exception of the Washougal River all of the existing campsites are outside of the standard buffer zone of 100 feet for a Class I and Class III stream. As a condition of approval, other than allowable uses for new development the applicant shall apply for a variance under Title 21A (C)(3) per subsection (C)(2)(J), d. Designating the size, number, location, and nature of vehicle access points. e. Increasing the amount of street dedication, roadway width or improvements within the street right-of-way. Findings: The applicant has demonstrated during a site visit their parking spaces for the campsites and has posted signage for the day use parking area. As a condition of approval, the applicant shall ensure that parking in the day use parking area is limited to the designated parking areas and that camping is limited to two cars per site within the designated parking area. CU Staff Report Page 21 of 25

22 f. Limiting or otherwise designating the number, size, location, height and lighting of signs. Findings: The applicant has not proposed any new signs. Any signage shall be subject to the sign criteria in Chapter Supplementary Development and Use Standards. Should the applicant desire to post signage at a parcel other than his own property, the applicant shall apply for a conditional use permit. g. Limiting the location and intensity of outdoor lighting and requiring it to be shielded. Findings: The applicant has stated in his narrative that lighting would be used in the host cabin and restroom facilities using solar panels as an energy source. In the SEPA checklist the applicant stated that light from the cabin and bathrooms may be visible in the evening hours from the campground or the west side of the Washougal River along the W2000 road. No adjacent parcels have receptors (residences) which would be affected by lighting from the proposed applicant. h. Requiring berming, screening, landscaping or another facility to protect adjacent or nearby properties and designating standards for its installation and maintenance. Findings: The applicant has not proposed to provide screening, landscaping or another facility to protect adjacent or nearby properties. Proposed activities through the conditional use will not affect adjacent or nearby properties more than existing use of the recreational facility. i. Designating the size, height, location and materials for a fence. Findings: Fences are not proposed per the application or applicant s narrative. j. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other significant natural, historic, or cultural resources. Findings: The applicant has proposed through their narrative to utilize existing trails and protect trees planted after logging operations. The applicant has stated that some vegetation may be removed to allow for the construction of the drainfield for the onsite septic system. Further the applicant has stated that their intent is to provide a camp host to enforce littering, prohibit hunting and has proposed to develop the campground and day use parking areas using existing camp sites and development protective of stream buffers. XIII. Conclusion With the proposed conditions of approval, the applicant s proposal is compatible with existing uses in the surrounding area, will not materially endanger the health, safety, and welfare of the surrounding community, not cause conflict with existing pedestrian and vehicular traffic, is supported by adequate public services or cause adverse effect to existing public services, not hinder or discourage the development of permitted uses in the surrounding area, and is not in conflict with the goals and policies of the West End Community Subarea Comprehensive Plan. CU Staff Report Page 22 of 25

23 XIV. Recommendations: Based on the findings and conclusions in this Staff Report, Staff recommends that the Hearing Examiner approve the request for a Conditional Use to operate a private campground and day use recreational facility with the following conditions. 1. The applicant shall be required to submit a geotechnical assessment report for any buildings or structures exceeding 120 square feet not subject to building permit requirements in accordance with Chapter 21A The applicant shall use industry standard best management practices during development to minimize the potential for erosion. 3. The applicant shall maintain all required critical areas buffers or shall obtain a critical areas variance for new nonexempt development within these buffers. 4. The applicant shall apply for and obtain approval for a new onsite septic system through the Skamania County Site Evaluation Application and OSS System Design and Permit Application process. 5. The applicant shall apply for a water adequacy verification application and contact Skamania County environmental health division to determine if they are exempt under the State code for public water systems if the applicant decides to provide customers with a restroom with public amenities. 6. The campground and associated facilities may only be operated in association with recreation at the Naked Falls recreational facilities. The campground host cabin shall only be used to accommodate lodging for an onsite campground host. The host cabin and other structures on the property may not be utilized as a single-family residence. 7. The applicant shall be required to develop rules in accordance with Skamania County Code 8.60 as applicable to camping and recreation within the zone. 8. The day use area shall only be available from dawn until dusk. All persons and vehicles not associated with the campground will not be permitted on the premises after these hours. Rules set forth in SCC 8.60 shall apply. 9. The campground will adhere to a policy of admission for hours between 7 A.M. and 10 P.M. A camping reservation booked ahead of time will be required. CU Staff Report Page 23 of 25

24 10. The number of camping sites will be limited to ten with a maximum of 2 cars per camping space. 11. Campfires will be restricted to designated approved fire rings. Signs will be posted stating that fires outside of approved campfire rings shall not be allowed. (Attachment D, for reference) 12. The applicant shall establish a separate visible permit for vehicles associated with conditional use for camping and day use. 13. The day use area will be limited to 40 vehicles per day and the camping area will be limited to 20 vehicles per day as proposed. A daily log shall be maintained for review to the Community Development Department at their request within a reasonable timeframe. 14. The applicant shall apply for all necessary permits required for building and development of the campground. The applicant shall additionally develop an emergency response plan for fire, medical and police emergencies at the parcel. 15. The applicant shall ensure that vehicles associated with the conditional use do not block or hinder the movement of logging trucks, heavy equipment, the public and other emergency services through the proposed parcel associated with the conditional use. 16. The applicant shall provide and notice in the campground the approved locations (campfire rings or pits) where campfires shall be allowed. 17. The applicant shall limit require that camping equipment be removed within 24 hours if left unattended and limit camping by any individual or group to fourteen days continuously. 18. The applicant shall apply the minimum development standards for structures within the WE-CRL40 zone per SCC Section Other than allowable uses for new development in Title 21A (C)(2), the applicant shall apply for a variance under Title 21A (C)(3) per subsection (C)(2)(J). 20. The applicant shall ensure that parking in the day use parking area is limited to the designated parking areas and that camping is limited to two cars per site within the designated parking area. CU Staff Report Page 24 of 25

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