Mc Daniels Property – Request to amend the Albemarle County Service Authority Jurisdictional Area



Request for public hearing to amend the Jurisdictional Area Boundary to provide sewer service to Tax Map 32, Parcel 25B located at 2929 Proffit Road between River View Farm Road and Terrybrook Drive



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






April 4, 2007


ACTION:     X                             INFORMATION:   



       ACTION:   X                        INFORMATION:   














The applicant is requesting ACSA Jurisdictional Area designation for water and sewer service to one parcel totaling approximately 2.092 acres located at 2929 Proffit Road between River View Farm Road and Terrybrook Drive.


The property is located entirely within the Rural Areas in the Rivanna Magisterial District. The parcel is currently served by water only with the applicant requesting the addition of sewer service.  Terrybrook residential subdivision, immediately to the north of this parcel, was identified in February of 1975 as non-conforming under regulations for receiving public sewer and water.  In the 1970’s, due to a minimum lot size of 40,000 square feet with RS-1 zoning, public water was deemed necessary for the subdivision. No public sewer was provided at that time.  Parcels adjacent to the subject parcel to the north and west are located in the Rural Areas and are designated “water only”.  Immediately to the south across Proffit Road is the Hollymead Development Area, with parcels designated for public water and sewer.  Adjacent and to the east is Rural Areas land that is not designated for public water and sewer.  


Because of a failing drain field, the applicant has requested to connect to public sewer.  The applicant has indicated that the site has adequate area and soils to support a new septic drain field, but they prefer to connect to the public sewer system.  The applicant has provided a copy of an expired Septic Tank-Soil Absorption System Repair Permit from the Virginia Department of Health indicating an approved plan to repair the existing septic tank/pump and to relocate the drain field; the permit has remained unused and was allowed to expire. The permit requires the applicant to hook up to public water prior to constructing the new drain field; the parcel was connected to public water on December 28, 2005.  The Department of Health has indicated the permit for the new drain field can be renewed at the request of the applicant at any time. 


The applicant has not demonstrated a danger to public health and safety necessary to justify the extension of public sewer service to this parcel.  The parcel is located in the Rural Area.  In addition, adequate area and soils are present on this parcel for the required septic system. For these reasons, connecting this parcel to public sewer would be inconsistent with County utility policies. 




2.2 Increase the quality, supply, and protection of the County’s water resources.




The subject parcel is located in the Rural Areas on the north side of Proffit Road adjacent to the boundary of the Hollymead Development Area.  This region is divided into two major watersheds by a ridgeline running along Proffit Road (Route 649). Rural Area land to the north of Proffit Road (Route 649) drains into the North Fork of the Rivanna River.  Development

Area land to the south of the ridgeline drains into the Powell Creek system which eventually leads into the South Fork of the Rivanna River.


Water treatment for this parcel and the adjacent development area is provided by the North Fork Rivanna River treatment plant with storage provided by the Piney Mountain storage tank.


Sewer service for the adjacent Development Area on the south side of Proffit is served by the Powell Creek sewer line which serves the Jefferson Village subdivision.   Service to this property would require the extension of service across Proffit Road.  The cost for this extension would be the responsibility of the property owner.


The Comprehensive Plan provides the following concerning the provision of water and sewer service to the Rural 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).”


The Utilities section of the Comprehensive Plan (page 129) includes the following recommendations regarding changes in the Jurisdictional Area outside of the Development Areas:


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


The Comprehensive Plan recommends serving only the Development Areas with public water and sewer service.  This parcel is located outside the Development Areas. Designating this parcel 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 and surface area needed to support a new septic drain field.  There is no documentation of a health or safety issue necessitating the use of public service to alleviate a health or safety danger.




The property owner would bear the costs for water and sewer hook-up.




This request is not consistent with the policies of the Comprehensive Plan for the provisions of sewer service outside of the designated Development Area.  No verification of endangerment to public health and safety has been provided which necessitates the use of public sewer service to alleviate a health or safety danger.  Based on this information, staff does not recommend approval of this request and does not recommend that this be set for a public hearing. 




A – Mc Daniels ACSA JA request Attachment A; context

B – Mc Daniels ACSA JA Attachment B; JA designations

C – Mc Daniels ACSA JA Attachment C; Septic Tank-Soil Absorption System Repair Permit

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