COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Whittington PRD Amendment - Request to amend the Albemarle County Service Authority Jurisdictional Area

 

SUBJECT/PROPOSAL/REQUEST:

Request for public hearing to amend the Jurisdictional Area Boundary to provide sewer service to Tax Map 89, Parcel 95 and Tax Map 90, Parcels 3, 45, 46, 47, and 48 located on Old Lynchburg Road (Route 631) approximately 1 ¼ miles south of the intersection of Old Lynchburg Road and Interstate 64.

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, Cilimberg, Benish; Ms. Arnold

 

LEGAL REVIEW:   Yes

 

 

AGENDA DATE:

November 1, 2006

 

ACTION:                                   INFORMATION:   

 

CONSENT AGENDA:

  ACTION:     X                         INFORMATION:   

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

The applicant is requesting ACSA Jurisdictional Area designation for sewer service to six parcels totaling an approximately 186 acres located on the west side of Old Lynchburg Road (Route 631), south of its intersection with Interstate 64. (Attachment A)  The property is located entirely within the Rural Areas, in the Samuel Miller Magisterial District. The parcels are currently served by water only.  The applicant is requesting sewer service for the Whittington residential development.  Whittington was approved as a Planned Residential Development by the Board of Supervisors in 1977.  Although the applicant prefers to connect to public sewer, the Virginia State Department of Health has indicated that the soils on the site are adequate to support septic systems for the proposed 96, 40,000 square foot lots.  Because the parcels are located in the Rural Areas and adequate soils are present for the required septic systems connecting these lots, public sewer would be inconsistent with County utility policies.  The properties adjacent to the south, west and northwest of these parcels are in the Rural Areas and are not included in the Jurisdictional Area.  The properties across Old Lynchburg Road to the southeast are located within the Development Areas and are designated “water and sewer”.  The parcels located immediately to the northeast in the Mosby Mountain residential development are located within the Rural Areas, but are served by both water and sewer.  The Mosby Mountain water service designation is the result of a zoning and Jurisdictional Area action made by the Board in the 1970’s, prior to the establishment of the current policies for Jurisdictional Areas designation.   

 

The applicant has submitted a zoning map amendment request on this property (Whittington, ZMA-06-11), which is currently under review by staff.  The property has been zoned PRD (or equivalent zoning district) since 1977, with the original approved application plan showing a total of 104 lots. The current rezoning request is not a new proposal, but an amendment in response to a Zoning Administrator determination that development plans for the site would be subject to approval of an application plan that meets the provisions of Section 8 of the Zoning Ordinance. The plan now under review, which shows a total of 96 lots, is intended to meet the provisions of Section 8 and replace the original application plan.  Nothing in the County’s current ordinance is necessitating the provision of public sewer to the site.

 

STRATEGIC PLAN:

2.2 Protect and/or preserve the County's natural resources.

 

DISCUSSION:

The Whittington PRD is located outside of the designated Development Area off of Old Lynchburg Road in Rural Area 4.  The property is zoned Planned Residential Development, with the Comprehensive Plan land use designated as Rural Areas.  The parcels are currently covered by mature deciduous forest and are located in the Moore’s Creek watershed.

 

The Comprehensive Plan provides the following concerning the provision of water and sewer service to the Development Areas:

 

“General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p. 114).”

 

“Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 130).”

           

“Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.130).”

 

“Only allow changes in the Jurisdictional Areas outside of the designated Development Areas in cases where the property is: 1) adjacent to existing lines; and 2) public health and/or safety is in danger (p. 130).”

 

The Comprehensive Plan recommends serving only the Development Areas with public water and sewer service; these parcels are located outside the Development Areas.  The Virginia State Department of Health has indicated that the soils on the site are adequate to support septic systems for the proposed 96, 40,000 square foot lots; therefore, there does not appear to be any health or safety need to provide public sewer to the site.  Sewer system capacity should be used to serve the designated Development Areas, in support of the County’s growth management policy.  Designating these parcels as part of the ACSA Jurisdictional Area for public water and sewer service would not be consistent with County policy, particularly with the presence of adequate soils to support the needed septic systems. 

 

BUDGET IMPACT:

The property owner will bear the costs for sewer hook-up.

 

RECOMMENDATIONS:

This request is not consistent with the principles, objectives and strategies of the Comprehensive Plan for the provision of sewer service outside of the designated Development Area.  No verification of endangerment to public health and safety has been provided.  Based on this information, staff does not recommend approval of this request and recommends that the Board not proceed to public hearing. 

 

Should the Board wish to consider the proposed amendment in the context of the Whittington ZMA (ZMA-06-11), then the Board would need to set a public hearing. The Jurisdictional Area public hearing could coincide with the Board’s public hearing for the ZMA (which is not scheduled for Board Review at this time).   

 

ATTACHMENTS

A – Whittington PRD ACSA JA Amendment, Context

B – Whittington PRD ACSA JA Amendment, ACSA JA Areas

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