COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Resolution of Intent for Zoning Text Amendment – Flood Hazard Overlay District

 

 

SUBJECT/PROPOSAL/REQUEST:

Amend Section 18-30.3.05.1.1. of the Zoning Ordinance to include Rivanna Water and Sewer Authority water and sewer lines as a by right use within the Flood Hazard Overlay District

 

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Ms. McCulley

 

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

April 1, 2009

 

ACTION:                INFORMATION:   

 

CONSENT AGENDA:

  ACTION:   X          INFORMATION: 

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

 

BACKGROUND:

In reviewing a plan for the upgrade to the Meadowcreek Sewer Interceptor, staff found that water and sewer lines owned and operated by the Rivanna Water and Sewer Authority (RWSA) are not a by right use within the Flood Hazard Overlay District. Staff also found that RWSA’s water and sewer lines are a by right use within all zoning districts outside of the Flood Hazard Overlay District and that water or sewer lines owned and operated by the Albemarle County Service Authority (ACSA) are a by right use within the Flood Hazard Overlay District.  Staff is proposing a Resolution of Intent to amend the Zoning Ordinance to treat water and sewer lines owned and operated by Rivanna Water and Sewer Authority the same as those owned and operated by the Albemarle County Service Authority with respect to the Flood Hazard Overlay District.  

 

STRATEGIC PLAN:

Goal 3: Develop Policies and Infrastructure Improvements to Address the County’s Growing Needs

 

DISCUSSION:

Given that the Zoning Ordinance specifically includes RWSA water and sewer lines as a by right use in all other zoning districts and that ACSA water and sewer lines are a by right use in the Flood Hazard Overlay District, staff believes it was an oversight that RWSA lines were not also made a by right use of the Flood Hazard Overlay District.  In addition, staff believes that the County has an interest in the Meadow Creek Sewer Interceptor upgrade, as the Interceptor is currently over capacity and sewage spills could occur as a result.   Thus, staff is proposing to expedite the processing of this Zoning Text Amendment with the goal of having it heard by the Planning Commission on May 5th and the Board on May 13th.  Finally, staff notes that as RWSA owns and operates transmission lines rather than distribution lines, RWSA water or sewer line projects are subject to a finding of consistency with the Comprehensive Plan.  This assures the County has the opportunity to review a RWSA project and assure it is consistent with the purpose and intent of the County’s Comprehensive Plan.  

 

BUDGET IMPACT:

No direct budget impact will result from this ordinance amendment.  There is the potential of lost tax revenue if development projects are delayed as a result of inadequate water or sewer lines.      

 

RECOMMENDATIONS:

Staff recommends that the Board adopt the attached Resolution of Intent and direct staff and the Planning Commission to expedite the processing of the Zoning Test Amendment.  

 

ATTACHMENTS

A – Resolution of Intent

Return to consent agenda

Return to regular agenda