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SP197800074 Correspondence Special Use Permit 1991-08-08
rig- , '7 4pb \L136, p!az J 1. 1\� r COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 08, 1991 Christie L. Schmick, President James River Runners, Inc. Rt 4, Box 106 Scottsville, VA 24590 RE: OFFICIAL NOTICE OF NO VIOLATION FOUND Complaint 91-100, Tax Map 136, Parcel 12 Dear Ms. Schmick: This letter serves to officially rescind the preliminary findings of my letter to you dated June 6, 1991. After further investigation and consideration of information from relevant sources, I find that camping on the above-noted property does not violate either your special permit or the Albemarle County Zoning Ordinance. Therefore, this use shall be permitted to continue. This ruling is based on the following grounds: 1. The Board of Supervisors approved the special permit for recreational activities. Camping is a recreational activity available as incidental to the livery business. 2 . The Albemarle County floodplain regulations, as well as the federal flood insurance and management guidelines, do not consider tents to be "structures. " The camping provided by James River Runners is primitive, with no recreational vehicles, utility connections or structures such as bathhouses and the like. (Section 30. 3 .4 (4) ) 3 . The Albemarle County floodplain regulations, as well as the federal flood insurance and management guidelines, do not consider temporary/recreational tents to provide "habitation. " (Section 30. 3 .4 (4) ) 4 . There is no evidence that camping in this location and under these circumstances (accessory usage) , would create the type of hazard which the flood regulations were intended to protect against, as defined in Section 30. 3 . 1. August 8, 1991 Christie L. Schmick Page 2 Anyone aggrieved by this decision may file a written appeal within thirty (30) days of the date of this letter. If you have any questions, please feel free to contact me at your convenience. Sincerely, ObiNtf- i , r)alteatte' Amelia M. Patterson Zoning Administrator AMP/sp cc: Edward Hogshire Catherine Cummings, Health Department Barry Clark, Licensing Kevin Denby SP-78-74 .ir.1, pr-moo\ i ( 'a14 -© '` JUN I 1991 kt .,Piate. UNTY COMMONWEALTH of VIRGI 99 DEPARTMENT IN COOPERATION WITH THE Thomas Jefferson Health District ALBEMARLE—CHARLOTTESVILLE STATE DEPARTMENT OF HEALTH FLUVANNA COUNTY(PALMYRA) 1138 Rose Hill Drive GREENE COUNTY(STANARDSVILLE) LOUISA COUNTY(LOUISA) P. 0. Box 7546 NELSON COUNTY(LOVINGSTON) Charlottesville, Virginia 22906 (804) 972-6219 ' June 7, 1991 Jeffrey and Christie Schmick Thru: Mr. John Z. Collins, -e • P. 0. Box 237 I Sanitarian Manager Scottsville, Va. 24590 Re: Campground at James River Runners, Inc. located at Hatton Ferry in • Albemarle County Dear Mr. and Mrs. Schmick; On May 30 I conducted an investigation to determine the validity of a complaint that you were operating an illegal campground, and on that date you were officially notified that you can not sponsor or operate a campground in the Commonwealth of Virginia without a valid permit from the Virginia Department of Health. You subsequently made application for a permit and ask that it be evaluated for the purpose of approving a seven (7) site primitive campground on property adjacent to the landing area for the Hatton Ferry (on opposite side of railroad tracks). The purpose of this communication is to provide you with the results of our evaluation of your application. Albemarle County requires that all developments be evaluated by their Department of Zoning for the purpose of establishing whether or not the site is suitable for development. I have verified that the Zoning Department considers your property along the river to be within the flood plain restricted area and does not consider you eligible to make application for a campground. The health department must abide by this constraint to development by also rejecting the two separate designated sites as unsuitable. In order for you to pursue this matter further you will need to submit plans for another section of property which is far enough from the flood plain restrictive area that the county can conduct an evaluation. There are an additional two (2) reasons why we can not approve your application, as follows: 1. The well on your property was grouted with a sand F, cement mixture that can not be approved and will not meet even our minimum standard of Class III construction. VMONIA '/DI /OFEN E FTH ir Prune ting leo ant!limit Lou irunnx•nl Jeffrey and Christie -,:hmick June 7, 1991 Page 2 2. We can not approve chemical-type toilets for a permanent campground. The following quote is from Article 6, Section 4.33B3 of the Sewage Handling and Disposal Regulations, State Board of Health, Commonwealth of Virginia: ". . . .3. Portable privies. . . . (are) a type of vault privy that is generally manufactured as a single unit and is easily transported. . . . (and) are normally used in association with mass gatherings, construction sites, etc. where temporary facilities are required. . . ." Some approved type of permanent sewage disposal would be required for a campground; for primitive campgrounds we can approve sanitary pit privies. Information related to construction, etc. is attached. An additional point must be documented and this involves the issue of general use of chemical toilets on any long-term basis. It would appear that you have been using these units for your regular rafting and other water sport customers, and it must be stressed that if you choose to provide restroom facilities then they must be in the form of approved, permanent fixtures. This information was verbally relayed to you by Mr. Jack Collins, Sanitarian Manager for this health district, on May 29, 1991. You have been provided with a complete copy of the Virginia Campground Regulations for review. If you decide to pursue development in another area then you will need to submit to our department a site plan as described in our conversation. If this new proposed site meets the standards of the Albemarle County Zoning Department then we will be happy to conduct our own evaluation for requirements for a campground. Good luck with your plans and please call me if you have questions or if you need additional information. I can be reached any weekday through the following numbers: 804-972-6276 or 972-6259. If I am not in the office just leave a message and I will return your call as soon as possible. Sin ely, Catherine Cummins Senior Environmental Health Specialist cc: Dr. Susan McLeod, Health Director • Mr. Robert Custard, Regional Sanitarian' `Ms. Amelia Patterson, Albemarle Co. Zoning Department