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HomeMy WebLinkAboutACSA199200004 Executive Summary 1992-10-02 �� 111 w4` o��t COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 MEMORANDUM TO: Albemarle County Board of Supervisors FROM: V. Wayne Cilimberg, Director of Planning & Community /Ali Development DATE: October 2 , 1992 RE: Request to Amend Albemarle County Service Authority Jurisdictional Area For The Ridge (Galerie) Restaurant - Tax Map 57 , Parcel 31A Attached (Attachment I) is staff's prior report regarding this request which outlines policy considerations. It has been determined that for reasonable use of this property as a restaurant connection to public sewer is the only available or feasible alternative. Staff is attempting to find out from the Health Department if on-site septic would be possible for any other C-1 uses not as intensive as a restaurant, but as of this writing have not gotten response from the Health Department. There is no need for public water as the restaurant's water supply is experiencing no quality or quantity problems. The applicant's representative has indicated verbally to staff that the applicant is continuing to pursue connection to public sewer. Plans have apparently been developed, although staff has not seen those plans. The applicant has contacted the property owners who granted the original easement to the Rivanna Water & Sewer Authority that would need to be used. All have indicated verbally their willingness to allow additional use of the easement. The Rivanna Water & Sewer Authority has also indicated its willingness to permit the additional use of the easement. The applicant has obtained two preliminary bids for construction of the sewer line. The applicant will be providing this information in writing for the Board's consideration. The Virginia Department of Albemarle County Board of Supervisors Page 2 October 2 , 1992 Health has granted an extension of the variance for temporary pump and haul for an additional six month period with conditions (see Attachment II ) , including termination of the variance should the Board decide not to extend the jurisdictional area. As regards strategies of the Comprehensive Plan, public health is a concern if commercial use of the property requires sewage disposal capacity which cannot be accommodated with an on-site system. A restaurant will require an off-site solution. Whether other commercial uses do is not known at this time. Regarding the issue of vested rights, the Board has the comments of the County Attorney for consideration (Attachment III) . Staff would not recommend amending the jurisdictional area for public sewer to this parcel until evidence of approved access to the public sewer system is provided. VWC/DBB/jcw ATTACHMENT cc: Forbes Reback Benton Downer Bill Brent 1 ATTACHMENT I 1 , COUNTY OF ALBEMARLE Dept of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296 5823 MEMORANDUM TO: Albemarle County Board of Supervisors FROM: V. Wayne Cilimberg, Director of Planning and / )� Community Development V DATE: January 10 , 1992 RE: REQUEST TO AMEND ALBEMARLE COUNTY SERVICE AUTHORITY JURISDICTIONAL AREA Tax Map 57, Parcel 31A A request has been received from Mr. Benton Downer to amend the Albemarle County Service Authority jurisdictional area to provide public sewer to the former Galerie Restaurant (Attachment A) . This request was received January 7 , 1992 by the Clerk of the Board and has been placed on the Board' s agenda for January 14 , 1992 . It should be noted that the Health Department letter of December 8 , 1991 also raises question as to the adequacy of the well (Attachment B) . It is assumed from correspondence that the restaurant use would continue. The Comprehensive Plan states on page 146 the following: "Objective: Provide public water and sewer services to the Urban Area and Communities. Strategies: o Follow the boundaries of the designated Growth Areas in delineating jurisdictional areas . 1 Albemarle County Board of Supervisors January 10, 1992 Page 2 o Only allow changes in jurisdictional areas outside of designated Growth Area boundaries in cases where the property is: (1) adjacent to the existing lines; and, (2) public health and safety is endangered. o Prohibit access to the Crozet Interceptor between the boundary of the Crozet Community and the Urban Area. " This former restaurant exists outside the Crozet Community adjacent to the Crozet interceptor on property zoned C-1. It has been implied that continued reasonable use of this property necessitates hook-up to the interceptor. Because of issues that should be addressed regarding reasonable use of the property, alternatives for alleviating the sewage problems and questions of well adequacy, staff has not had time to fully investigate the matter and provide a comprehensive recommendation to the Board. It is recommended that the Board consider this matter no earlier than mid-February, 1992 to allow time for staff to undertake the following: 1. Evaluate the property for inclusion into Albemarle County Service Authority jurisdictional areas for both public water and public sewer (to existing structures only) . 2 . Prepare a comprehensive report based on consultation with various other relevant agencies. VWC/jcw cc: W. Benton Downer Bill Brent ATTACHMENT A , vr(y.: tr, REALTORS SERVING CENTRAL VIRGINIA SINCE 1948 l -) t ; December 31, 1991 y; • jl • L'itrJ r , County of Albemarle Clerk of Supervisors Lettie E. Neher 401 McIntire Road Charlottesville, VA 22901 Dear Mrs. Neher, I am writing this letter to your attention as per the instructions of Robert Tucker Executive Officer for the County of Albemarle. For the past two months I have had numerous contact with the County Health Department concerning the Galerie Restaurant located at the junction of Route 240 and Route 250 near Crozet. It is shown on Tax Map 57, Parcel 31A (see attached) zoned by the County of Albemarle as C-I. This property has been a restaurant since the 60's. It was recently sold to a new user by our firm. In an effort to comply with new county regulations we made an effort to uncover the system at this current location and have found the following. The original septic system was placed approximately 120 feet from the existing building in 1960. This system was washed away in a flood in 1969. It was replaced by a cistern system and over the years 20 feet of fill has been placed on the site over the existing system. The current cistern system is a big• round concrete box with a sluge pipe draining into a 20 X 20 gravel pit. The overflow pipe drains into Mechum River. The Health Department and owner both agree that this is a very unfortunate situation and the County Health has recommended a number of solutions in their attached from Jeff McDaniel dated December 9, 1991. The County is unwilling to allow the property to use a new septic system for a variety of reasons. Including the following: I. The size of the site will not accommodate a septic system and a deserve system with a suitable distance from the river and existing well. 2. The site has over the years undergone approximately 60% fill to build up a parking area. No system will be allowed in the fill area. 500 WESTFIELD RD.•CHARLOTTESVILLE,VA 22901 •(804)973-5393•FAX NO.:(804)974-1928 POST OFFICE BOX 65•LOVINGSTON,VA 22949•(804)263-5088 OR(804)263-5980 (./4Lettie Neher ,o d. ,uiiUTDRS Pagtq p/NG CENTRAL VIRGINIA SINCE 1948 The County Health Department recommend the following which we feel will not work. 1. Sewage Treatment Facility: This is a costly project that would eventually require water to run directly into Mechum River which flows directly to the resvoir. 2. The adjoining property owners to lease system: All sites with gravity flow are located within the 100 year flood plan. It may be possible to pump sewage across 240 under the railroad crossing to use a site from a Mr. Clayton. He has no willingness to be remotely reasonable on the matter and it would cost thousands to even get a line of approximately feet to his property. 3. Pump and haul method is also an option, but according to both county and state health officials this matter would be considered on a short term approval process. 4. They also recommend allowing this building to hook up to the Crozet/Charlottesville Sewer Interceptor. Many people we have spoken to at the County feel this is our only real option. Our actual request is that you expand the Albemarle County Service Authority Jurisdictional Authority to include Tax Map 57, Parcel 31 A known as the Galerie Restaurant. While we realize that this is an unusual request we feel it is in everyone's best interest that this project be allowed access to this service line as all other options have been exhausted. Thank you for your prompt consideration concerning this matter. Please let me know if I can answer any additional questions concerning this project. Sincerely, G� . .ent. Downer Associate Broker WBD/tgf 500 WESTFIELD RD.•CHARLOTTESVILLE,VA 22901 •(804)973-5393•FAX NO.:(804)974-1928 POST OFFICE BOX 65•LOVINGSTON,VA 22949•(804)263-5088 OR(804)263-5980 ALBEMARLE COUNTY I al to is -izki 6711 i • iZ't l• \ ` 7R1E1 sa i / \ „chum ,.0.,,.,Z_<'.1Z )! �\�� 7tA 93 1t j / 71 CN/� 1 " —IL' 8S> 74 '� �� 4 • �� `/ 7-.\ 72 9219 11� a r^ a • •��• JIr . b07 4` /.1• 75 ''.. / •sN 16j `I ' 1 R1. 24• \ �pç9222l44 .20 - V �t � 60 ,; ,c, .. 29 .r ( ,t,..1 Rr g� /�4.. ►/ l ---i----- / 1 30R /yi�6'A �v J�-� 79 /am �. MECHUM`� \ 79A/79N /iA" �. / RIVER j� \1' • .�� 56 - ��ii//`�; iib 58 `a• SEE b•i X/ / 4 Y , __ /�\ 32 , �33 \ eIM /saA* . '(SSN�S3 33 T•sr ...`. ' 4t114 40 / e � 330 �w/ �js /' 41<; 2 • / t7 41F 33C1. W g0111111VW7ril *Am .41JINgelp .4IF A. ti �Q O 16 6pL6� iat 326 bile. i 43 38 �ii V •� g4W Y is \� 0 ill( • 41 44C I� pl.a ` .rj�/, D®�� 1!� 32 • 8 �� ® , • '� • 43 A 0) 52A • ✓ 1k4174$4��. I 446 , �� /v 44A 436 .\ 318 \ 620 `_© r 44 lk M0 :4" tX7 43C\ \.\ .(‘ Sm Incvt$1 40A Ne-4.4- \ /. 1/ 468 47 , as 46C 1 45/ ,S0 49 1 90 i. la kJ �. w E ' 46 i 4eA ,. • / • \ • ......... Al;� 3 N 46AI1) • �j� 48 73 $CA"IN FUT SAMUEL MILLER AND 1 ••� SECTION 57 WHITE HALL DISTRICTS ..) 2! ATHMEFBL \ef" . PLANNING DIVISION COMMONWEALTH of VJRQINI _ti IN COOPERATION WITH THE Thomas Jefferson Health District ALBEMARLE—CHARLOTTESVILLE STATE DEPARTMENT OF HEALTH �7 FLUVANNA COUNTY(PALMYRA) 1138 Rose Hill Drive GREENE COUNTY(STANARDSVILLE) 7 LOUISA COUNTY(LOUISA) P. O. BOX /S46 NELSON COUNTY(LOVINGSTON) Charlottesville, Virginia 22906 (804) 972-6219 December 9 , 1991 Mr. Benton Downer Montague Miller 500 Westfield Road Charlottesville , VA 22901 Dear Mr. Downer: The method of sewage disposal at the Gallerie restaurant property has been a mystery for years. Since there were no visible signs of a malfunction and verbal information lead us to believe that a septic system existed, the restaurant was allowed to continue operation. In recent weeks a new business has applied to use the building and it became necessary to determine the amount of drainfield and its condition. The investigation produced some surprising results. I understand that the system installed in 1960 was completely washed away during the flood in 1969 . At that time, unknown to this department, a seepage pit was installed, probably with an overflow to the nearby creek, and the entire area covered with approximately 20 feet of fill . Excavation uncovered a tank (approximately 75% full of solids) and a completely obstructed sewer line . None of these findings support evidence of a functioning septic system. To provide adequate facilities to dispose of sewage I see four options: 1 . An easement on adjacent property to install the required amount of drainfield. Sufficient area for the required septic system and its reserve area would be necessary. 2 . Installation of a sewage treatment plant . Approval of this type facility is handled by the Water Control Board and is dependent upon approval of the local governing body. VIRGINIA IUD OFEHEALTHNT Proem ling You and YOU/fnornament J J 0 3 . Connection to the existing public sewer. The Albemarle County Service Authority and local governing body should be approached for their requirements . 4 . A permanent method of pump and haul . Application for this type of system should be made at the local health department but it would be necessary for the local governing body to assume responsibility should the business fail to comply with its agreement . A copy of pertinent procedures is enclosed. It should also be mentioned that our investigation has only considered the septic system. The restaurant equipment and the water supply would need to be evaluated before a new occupant would be permitted. It might be advisable to perform a drawdown test on the well to assure adequate flow for the proposed use as well as samples to confirm its potability. Plans for a proposed new business should be submitted for review well in advance of any construction (preferably one month or more ) . Applications can be obtained at our office . Please keep me informed of any progress . Sincerely, Jeffrey McDaniel Environmental Health Specialist Enclosure cc: Susan L. McLeod, MD, MPH , Health Director Catherine Cummins , Supervisor Food & TES Donald Hackler, Supervisor Sewage & Water v Wayne Cilimberg, Director of Planning SENT P*:VA DEPT OF HEALTH -14-92 1 24PM OFFICE ENV H THE THOMAS JEFFERSON HD;# 2 ATTACHMENT II • y � COMMONWEALTH of VIRQINIA ROBERT B. STROUBE, M.D., MPH, Department of Health STATE HEALTH COMMISSIONER P. 0 80X 2448 RICHMOND, VA 23218 September 11, 1992 Mr. Don Nielson C$RTIYI$D XAx c/o Mr. W. Benton Downer, III Montague, Miller & Co. P.O. Box 7666 Charlottesville, Virginia 22901 Dear Mr. Nielson: I have reviewed your request to extend the six month variance granted to you on March 12, 1992, filed on your behalf by Mr. W. Benton Downer, III. Your request is to allow the extension of the variance for temporary pump and haul for an additional 6 month period, although the plans and detailed schedules are only partially complete and no construction has yet begun. This variance, for an extension of the temporary pump and haul permit, is for a building that you own at the intersection of U. S. Route 250 and Virginia Route 240, in Albemarle County, Tax Map Number 57-31A. This extension of the pump and haul permit will allow an existing restaurant to continue to operate without a permanent sewage treatment and disposal system. The existing restaurant is owned by Ridge Associates, Inc, , Keith August Van Yahres, President. Section 3 . 10 of the Sewage Handling and Disposal P gulations limits temporary pump and haul to one year in situations where actual construction is in progress on a permanent sewage disposal facility. Completion of the permanent facility within the one- year time limit must be assured, and bonding is also required for completion of that construction. This section further states that it must be demonstrated that temporary pump and haul is not the usual practice to permit premature and unplanned real estate or commercial development in an area where sewerage facilities do not exist. * The holder of the pump and haul permit must immediately report any delays from the anticipated completion date to the Department. Based on information from the local health department, a suitable site cannot be found on yourany type of onsite sewage disposal system. In additn,property for e Associates have been unable to obtain an easement you aonto nd iadjacent VD H VIRGINIA DEPARTMENT of HEALTH hoOtorq You ad Pour tnvepv. . SENT Bk VA DEPT OF HEALTH -14-92 ; 1 :24PM ; OFFICE ENV F TH-+ THOMAS JEFFERSON HD+# 3 Mr. Don Nielson September 11, 1992 Page Two property to install a sewage disposal system. In a September 4, 1992 letter to Mr. Downer, John W. Greene, P.E. , stated that in his opinion it is feasible to pump to a municipal pump station. This would require the owners to obtain easements from property owners along the route, to be included by Albemarle County in the service area for connection to public sewer, and would require other permits for construction of- the force main. The Albemarle County Board of Supervisors has set a date in October for a public hearing to include the above mentioned property in the service area for connection to public sewer. Ridge Associates have agreed to limit their operations for the duration of the pump and haul period, with an understanding that only one meal per day will be served. They have further acknowledged that concurrence by the County Board of Supervisors with the pump and haul permit under the variance will not obligate the County Board, or the County to approve particular sewage disposal system or hookup, norto concur in extension of the pump and haul permit beyond one year. Based on the information filed with your request, theaai jidlinq and Disposal Regulations, current department policy, and a showing of hardship, economic and otherwise, I am granting your request for the extension of the variance subject to the following conditions: A. The pump and haul permit will be issued to you. You or your agent must report the status of arrangements for the permanent system at least monthly to the local health department until a detailed construction schedule is provided and construction has started. Once construction has started, you need only report delays as per S 3. 10.D. B. The restaurant will be permitted for 65 seats and operations will be limited to one meal par day. C. If, after the public hearing, the Albemarle Board of Supervisors decides the service area is not to be extended, all permits and variances shall cease unless permanent pump and haul is employed. The owner will have 30 days from the date of the negative action of the board to secure a suitable contract between a government entity and the Department for permanent pump and haul. SENT D.1' VA DEPT OF HEALTH 14-92 ; 1 :25PM ; OFFICE ENV H FH- THOMAS JEFFERSON HD;# 4 Mr. Don Nielson September 11, 1992 Page Three D. If the variance is extended past the public hearing, bonding will be required to assure completion of the permanent facilities, as well as to assure continuation of pump and haul. In either case, temporary pump and haul will be allowed for no more than a total of one year, as specified in S 3 . 10. This means that the permanent facilities must be operational by March 12, 1993 . E. If approval from the board of supervisors is given for inclusion in the service area, all construction must be finished with sewer connection functional by March 12 , 1993 . F. If, during planning or construction, problems arise that indicate this project can not be completed, operations should cease unless a permanent pump and haul contract has been signed. G. If the conditions in paragraph Cr or E are not met, pump and haul will be permitted only under the auspices of a government entity as specified in S S 3 .8 and 3 . 11 of the Regulations. Permanent pump and haul under these sections requires the government entity to enter into a contract with the Virginia Department of Health. Permanent pump and haul may continue indefinitely, so long as the government entity maintains a valid contract with the Department. A variance would not be required for permanent pump and haul under these sections. H. The restaurant permit will be revoked and the establishment closed if the conditions in Paragraph C, E, F Qr G are not met. This revocation and closure will occur either 30 days after the public hearing by the board of supervisors or by March 12 , 1993 , depending on the circumstances. This variance is for the property described above and the sewage disposal system described herein. It is not transferrable to another property, sewage disposal system, or owner. At all times, the system shall be operated in such a manner as to minimize the risks to public health and the environment. SENT BY:VA DEPT OF HEALTH -14-92 ; 1 :25PM ; OFFICE ENV h'r"' TH-0 THOMAS JEFFERSON HD;# 5 Mr. Don Nielson September 11, 1992 Page Four This extension of the variance dated March 12 , 1992 shall be effective immediately and shall expire as set forth above. If you wish to challenge the conditions of this extension, your written request must be received in this office within 30 days of the date of this letter. Sincerely, Robert B. Stroube, M.D. , M.P.H. State Health Commissioner pc: Joseph L. Holliday, M.D. , M.P.H. Ridge Associates, Inc. Keith August Van Yahres Susan L. McLeod, M.D. , M.P.H. Donald Heckler Albemarle County Health Department ATTACHMENT I. COUNTY OF ALB`i•i1AkL A!, V� a,To� ".k AUG 27 1992 437 { CUT;1`E Orrl COUNTY OF ALBEMARLE "" Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-718 August 25, 1992 GEORGE R. ST.JOHN JAMES M. BOWLING, IV COUNTY ATTORNEY DEPUTY COUNTY ATTORNEY Robert Brandenburger Deputy County Executive Albemarle County 401 McIntire Road Charlottesville, Virginia 22901 Re: Agenda Item #16, Action letter January 16 , 1992 Dear Bob: I will answer the four questions set out in the above action letter, in the order in which they appear in that letter; 1. What rights does the applicant have to a septic disposal system that exists with his purchase of the property vs . the applicant' s request to be included in the service area boundaries of the Albemarle County Service Authority for sewer service? Answer: The location of, and amendment of, the jurisdictional areas for the Albemarle County Service Authority is a legislative function of the supervisors. It is my opinion that no land-owner has a right to special legislation, to provide a remedy to a topographic problem which was not created by government in the first place, but rather by act of nature and/or by the character of the topography itself, which I believe to be the situation in this case. 2 . Based on the rationale above in Paragraph 1, I believe that if the Board denies the request, the denial does not remove the property from use without compensation. The purchaser was well aware of the situation when he acquired the property, and was aware that the pump and haul permit was not to be permanent. 3 . Approval by the County Executive of a pump and haul system did not reestablish a use on the property, since the pump and haul permit was clearly temporary in the hope, repeat the hope, not the certainty, that a permanent solution could be . . Robert Brandenburger Page 2 August 25 , 1992 found. 4 . A pump and haul system does not place a vested interest on the property because the pump and haul permit itself , on its face, was temporary, not permanent. In providing these answers I have considered the recent U. S. Supreme Court case of Lucas v. South Carolina Coastal Commission and I do not believe that case applicable to this situation. I do believe, that if a decision denying access to the public sewer, were to be challenged in court, there would be justiciable arguments on both sides, as to the "taking" issue, but in my opinion the County should prevail . In giving you this opinion I am in no way advocating, one way or the other, how I feel the Board should act on this request. I am simply stating the legal parameters within which their decision can be made. Sincerely yours, r^ George R. St. John GRStJ/sh 4