COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Flood Hazard Overlay District: ZTA 2009-004

 

SUBJECT/PROPOSAL/REQUEST:

Amend the Zoning Ordinance to make Rivanna Water and Sewer Authority’s water and sewer lines a by right use within the Flood Hazard Overlay District

 

STAFF CONTACT(S):

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

 

LEGAL REVIEW: Yes

 

AGENDA DATE:

May 13, 2009

 

ACTION:     X          INFORMATION:   

 

CONSENT AGENDA:

  ACTION:              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 allowed by right or by special use permit in the Flood Hazard Overlay District. However, water and sewer lines owned and operated by the Albemarle County Service Authority (ACSA) are a by right use in the Flood Hazard Overlay District. Staff also found that RWSA’s water and sewer lines are a by-right use in all zoning districts outside of the Flood Hazard Overlay District.  Staff proposed 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 in the Flood Hazard Overlay District.  The purpose of today’s public hearing is to consider a zoning text amendment pursuant to the Resolution of Intent.   

 

STRATEGIC PLAN:

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

 

DISCUSSION:

Because the Zoning Ordinance specifically includes RWSA water and sewer lines as a by right use in all zoning districts except the Hazard Overlay District and ACSA water and sewer lines are allowed by right in the Flood Hazard Overlay District, staff believes it was an oversight that RWSA lines were not also allowed by right in the Flood Hazard Overlay District.  The Meadow Creek Sewer Interceptor upgrade is not permitted without this ordinance amendment.  To avoid further delay to this project, staff proposed 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 because RWSA owns and operates transmission lines rather than distribution lines, RWSA water or sewer line projects not already shown on the Comprehensive Plan are subject to a finding of being in substantial accord with the Comprehensive Plan. This assures that the County has an opportunity to review RWSA projects and assure they are consistent with the purpose and intent of the County’s Comprehensive Plan, even if permitted as a by-right use.   

 

Due to the Planning Commission’s public hearing being scheduled for May 5th, it is not possible to include a summary of the Planning Commission discussion with this executive summary.  Staff anticipates that information will be provided to Board members under separate cover, but it may not be possible to have the information in advance of the public hearing.   Any Planning Commission concerns will be noted during the presentation at the public hearing.  

 

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:

After conducting a public hearing, staff recommends that the Board adopt the attached zoning text amendment for the Flood Hazard Overlay District.

 

ATTACHMENTS:

A – Zoning Text Amendment, ZTA 2009-004

Return to regular agenda