COUNTY OF ALBEMARLE   

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:  

Patricia Flowers—Request to amend the Albemarle County Service Authority (ACSA) Jurisdictional Area for water service only.

 

SUBJECT/PROPOSAL/REQUEST:

Public hearing to amend the ACSA Jurisdictional Area to provide water service only to Tax 60A, Section 9, Parcel 20.

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Cilimberg, Benish

 

AGENDA DATE:                       ITEM NUMBER:

 June 7, 2000

 

ACTION:   X                              INFORMATION:

 

CONSENT AGENDA:

     ACTION:                                INFORMATION:

 

ATTACHMENTS:      Yes

 

REVIEWED BY:

 

BACKGROUND:

The applicant, Patricia Flowers, is requesting water service to a two (2) acre parcel zoned RA, Rural Areas and located in an area designated as Rural Area in the County Land Use Plan (Location Map, Attachment A).  This property is currently is in the ACSA Jurisdictional Area, with a designation for “water only to existing structures.” There was an existing home on the property that was uninhabited in the early to mid 1980’s.  The property owner was experiencing problems with trespassing on the property and vandalism to the home and, as a result, removed the home from the property (Applicant’s Request, Attachment B).  At the time the applicant was unaware of the Jurisdictional Area designation limiting service to that existing structure.  Service was never provided to the original structure.  The applicant now wishes to locate a new home on the property, but cannot receive water service based upon the current Jurisdictional Area designation (Jurisdictional Area Map and ACSA Letter, Attachments C & D).

 

Both County and Service Authority Staff are unaware of this situation occurring in the past, so there is no history of prior Board action on this type of request.

 

DISCUSSION:

The subject property is located in the designated Rural Area, and not within a Development Area.  The Land Use Plan provides the following concerning water service to the Rural Area:

 

General Principle: Utilization of central water and/or sewer systems or extension of the public water or sewer into the Rural Area is strongly discouraged except in cases where public health or safety is endangered.

 

Recommendation: Only allow changes to the Jurisdictional Areas outside of the designated Development Area boundaries in cases where property is: (1) adjacent to existing lines; and, (2) public health of safety is endangered.

 

In this particular situation the property is already in the Jurisdictional Area, but for “service only to existing structures”.  That structure no longer exists so this Jurisdictional Area designation no longer permits service to the property.  It appears that this designation was placed on this property when the Board established the Jurisdictional Area process in the early 1980’s. It is Staff’s understanding that the “service only to existing structures” designation was intended to recognize certain properties that were located outside the Development Area boundaries, but located adjacent to existing service lines and that were already developed in a more urban manner.  The designation permitted the existing level of development to have service, but would preclude any additional, or more intensive, development of that property from receiving public service.  However, there is no documentation on file specifically noting the reason why this property has this designation.  Huntwood Townhomes are located on the west side of this property and are served by public water and sewer.

 

There is no documentation of a health or safety problem with the on-site water source.  The applicant has indicated that the taste of the water was always of poor quality.

 

RECOMMENDATION:

The property is zoned RA, Rural Areas and is two acres in size and, therefore, cannot be further subdivided. It is not located in a designated Development Area, so a future rezoning to a more intensive density is unlikely. Staff opinion is that in this particular case, approval of a Jurisdictional Area designation for water service to one structure only would be consistent with the original Jurisdictional Area designation (providing water service to one residential unit on-site).  It would not encourage more intensive development of this property or serve a use which is now inconsistent with the Comprehensive Plan policies for the Rural Areas. Staff would recommend amending the Jurisdictional Area boundary to provide water service only to one dwelling unit on Tax Map 60A, Section, Parcel 20.

 

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