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Home My WebLink AboutACSA201100095 Staff Report 1992-10-23 411477-111 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 TO: Albemarle County Board of Supervisors FROM: V. Wayne Cilimberg, Director of Planning and Community , 1 . v Development (J" DATE: October 23 , 1992 RE: Albemarle County Service Authority (ACSA) Jurisdictional Area Amendment for David W. Booth/Sandra Andrews and Sherwood Exum (Goco, Inc) - Tax Map 79, Parcels 18 and 19 The applicants, David W. Booth/Sandra Andrews and Sherwood Exum (Goco, Inc. ) , request Jurisdictional Area designation for water only. Booth/Andrews, owners of Tax Map 79, Parcel 19 which is zoned C-1 and developed with one dwelling unit, state a need for a new water source for possible commercial use because of potential groundwater contamination from the adjacent Goco and Shadwell Store underground fuel tanks. Exum (Goco, Inc. ) , owner of Tax Map 79, Parcel 18 which is zoned Rural Area and developed with the Goco station, states a need for a new water source due to potential and actual groundwater contamination from fuel oil . Documentation has been provided by the applicants to verify these problems (Attachment A) . History: On November 6, 1991, the Board amended the Jurisdictional Area boundaries of the Albemarle County Service Authority to include the Glenmore Planned Residential Development, allowing provision of public water (as well as public sewer) to Glenmore at the expense of the developer (minutes attached) . On December 18 , 1991, the Board further amended the Jurisdictional Area boundaries to incorporate all remaining properties as shown in the Comprehensive Plan as the Rivanna Village (minutes attached) . On June 3 , 1992 , the Board amended the Jurisdictional Area boundaries to include the Stone Robinson School (No minutes available, however, the Clerk's records indicate no discussion occurred) . Albemarle County Board of Supervisors Page 2 October 23 , 1992 The Comprehensive Plan, in the Village of Rivanna recommendations, says, "water lines should be sized to serve the Village and Stone Robinson School only" . With the development of Glenmore in the Village, a water line is being installed along the Route 250 East corridor from the Urban Area to Glenmore. Public water, therefore, crosses or will be easily accessible to a number of parcels in this corridor (See attached map) . COMPREHENSIVE PLAN This parcel is located in the Rural Areas as designated by the Comprehensive Plan. Regarding provision of public utilities, the Comprehensive Plan is intentionally specific in objective and strategies as to where and under what circumstances public utilities should be made available (p. 146) : OBJECTIVE: Provide public water and sewer services to the Urban Area and Communities. STRATEGIES: • ■ Follow the boundaries of the designated Growth Areas in delineating jurisdictional areas. ■ Only allow changes in jurisdictional areas outside of designated Growth Area boundaries in cases where the property is: (1) adjacent to existing lines; and (2) public health or safety is endangered. Further, the Comprehensive Plan warns that "such utilities are not to be extended to the Rural Areas as these services can increase development pressures" (p. 146) . This request appears to be consistent with the second strategy listed above. The applicants have indicated quality problems in supporting documentation. RECOMMENDATION As a general policy, staff has advised that public utility capacities should be reserved to support development of designated growth areas. Past actions by the Board have typically been to limit utility service outside the designated growth areas. However, where properties have experienced quality/quantity problems and are adjacent to existing lines, the Board has granted jurisdictional area designation for water only to existing structures (again, this request is for water only) . Albemarle County Board of Supervisors Page 3 October 23 , 1992 As Tax Map 79 , Parcel 19 is underdeveloped, reasonable use of the property as C-1 will likely involve new structures. Therefore, water only to existing structures would not be sufficient for C-i use. Staff would recommend proceeding to public hearing for water only designation for Tax Map 79 , Parcel 19 and water only to existing structures for Tax Map 79 , Parcel 18 based on documented and potential water quality problems. Planning staff will have the Engineering Department review technical documentation for any comment regarding its content before the public hearing. VWC/jcw cc: David Booth Sherwood Exum Bill Brent Jo Higgins • TACH ENT A, PAGE 1 RECEIVED Tattershall Farm Rt. 3 Box 188 OCT 2 61992 Charlottesville, Virginia 22903 planning Dept. Ph: 804-971 -5564 April 24, 1992 V. Wayne Cilimberg Director of Planning & Community Development 401 McIntire Road Charlottesville, Va . 22901-4596 Re: Booth/Exum Application to amend the Service Authority Jurisdictional Area Dear Mr . Cilimberg: The following itemized information is provided to assist you with your November 4, 1992 report to the Board of Supervisors regarding our request to include parcel 18 & 19, tax map 79 in the Service Authority Jurisdictional Area . 1 . Booth parcel 19 is down gradient of the adjecent Shadwell store underground fuel tanks to the West and up gradient of the GOCO fuel storage depot to the East . 2 . There is without a doubt contamination of the GOCO fuel depot well . Reference Hydrosystems Inc . engineering report dated June 12, 1990, page 18, item 2 . 4 .4, contamination in the Ground Water. 'Significant levels of contamination were observed in the store well and ITT-2, located near the loading/unloading rack . Contaminant levels P(W-2 exceeded drinking water limits by 100' s of times for benzene, toluene, ethylbenzene, and approached the limit for xylene . Contaminant levels in the store well were not quite as severe, but still exceeded drinking water limits for benzene by a factor of 100 . ' 3. The rail road right of way along the East property border is also a continual source for soil and water contamination. 4 . The existing parcel 19 (Booth property) well is inadequate and failing. A new well drilled on the existing property would reach the elevation of known contaminants at the GOCO site at 62 feet down. Parcel 19 (Booth property) , is zoned C-1 and to be developed ETACHP➢TNT A, PAGE 2 would require a safe water supply for public safety and health standards . Reference Gloeckner Osborne letter dated August 8, 1992, 2nd page for independent engineering opinion of life safety issue regarding available water supply to this property . 7 . Soil type parcel 19 (Booth property) is 58-B, Soil Conservation Map 16, which exhibits Moderate seepage characteristics with surface drainage deep to water table . Soil type parcel 18 (Exum property) is 12-C, soil Conservation Map 16, which exhibits severe seepage characteristic with surface drainage deep to water table . I hope this itemized list will assist you with a successful presentation to the Board of Supervisors . Inclusion in the Jurisdictional area at this time will obviously preclude much work and expense on my part to continue the pursuit of this water supply out of simple necessity if any use of the C-1 zoning of this property is to be realized. If in fact we have been paying commercial tax rates for years we should be able to develop this property as a commercial use now. Cordiall , David W. Booth iTACH"1ENT A, PACE 3 GLOECKNER & OSBORNE, INC. ENGINEERS,SURVEYORS AND LAND PLANNERS 710 EAST HIGH STREET CHARLOTTESVILLE VIRGINIA 22902 TELEPHONE:(804)971-1591 PRINCIPALS FAX NO:(804)293-7612 REC,P' NI„ KURT M.GLOECKNER,P.E..P.L.S. O C T U 6 `{99>+y _ PRESIDENT August 7 , 1992 BRIAN P.SMITH,P.E. Y�iAa .6,`y VICE-PRESIDENT Mr. David Booth Tattershall Farm Route 3 Box 188 Charlottesville, Virginia 22903 Re: Site Study/Tax Map 79 Parcel 19 Albemarle County, Virginia G&O Job No. 92-045-00 Dear David, After many weeks of studying the above referenced site, the following comments and observations can be made. Because of the strategic location of this property as being at the intersection of two major highways (State Route 22 and U. S . Route 250) it is my opinion that his property is very valuable. Since the property is zoned C-1 (Commercial) it has potential to be developed in numerous ways and for many uses. Presently the Virginia Department of Transportation is studying the best possible access point and will recommend a configuration of turn and deceleration lanes. I will forward their letter as soon as I receive it. I had a nice meeting with the County staff discussing potential development. The Architectural Review Board will have jurisdiction since the highways are entrance corridors. This will mean other people' s tastes of what is good or looks good will govern. Sad situation, but true. The Health Department will require sufficient drain fields for the chosen commercial use. This then brings me to the proposed 16" waterline that is to go through your property. This waterline easement will use 1, 620 square feet of land if it is to be 20 feet in width. Since it is at the end of your property it isolates another 1, 620 square feet between the easement and adjacent parcel property line. It would be of utmost importance to hook on to this line, mainly from a health aspect, but also for safety and public welfare. ITACHMFNP A, PAGE 4 Mr. David Booth August 8 , 1992 Page 2 First from a health aspect, obtaining potable water on this sit is a questionable reality. The adjacent railroad and oil storage depot have polluted land and wells in the area. The Goco Oil storage site well is contaminated as can be verified from the State Water Control Board through the Freedom of Information Act. Other wells in the area are of questionable purity also. Some have been closed, such as Stone Robinson School . From a safety aspect, when the site is developed, fire protection should be made available not only to your site but to the adjacent store/gas station and the bulk fuel storage depot to the rear. The welfare of the public would be served in specific as well as in general ways. If you can not tap this 16" waterline, it becomes a liability as to danger from rupture and encumbering your land. I hope you can tap this line so that it becomes an asset as opposed to a liability. I hope these remarks are of assistance to you, and we thank you for the opportunity to serve. Sincerely, Kurt M. Gloeckner, President GLOECKNER & OSBORNE, INC. KMG:tpm November 6, 1991 (Regu light Meeting) 'I''ACIV1 ' B, PAGE 1 (Page 19) Staff Comment: The boarding of animals was not part of the original special use permit request for this site. The applicant proposes to board cats only and will use facilities currently in place. No exterior modifications will be required. Activity on site should not increase as no extra trips to the site during non-business hours will be required. Return trips to the site during evenings and weekends are currently required to care for sick or injured animals. During the review of SP-89-06, staff received three letters concerning the animal hospital. Staff has included these letters for the Plan- ting Commission and Board of Supervisors use. It is the opinion of staff that the proposed use will not appreciably increase activity at the site. Staff is unaware of any complaints about the animal hospital. Based on the limited impact of the pro- posed use, staff recommends approval subject to the following condi- tions: Recommended Conditions of Approval: 1. Animals shall be confined to an enclosed structure. Noise mea- sured at the nearest lot line shall not exceed forty (40) deci- bels; and 2. Commercial boarding shall be limited to cats only." Mr. Keeler said the Planning Commission, at its meeting on October 1, 1991, unanimously recommended approval of SP-91-51 subject to the two condi- tions recommended by staff. Mr. Bowie opened the public hearing and asked the applicant if he wished to speak. Mr. John Gruss, the applicant and a veterinarian, said there are already dogs and cats at the hospital, and he would like to board cats. He recognized ' that the intent of the special use permit was to control sound, but he does not think that cats would be adding a significant sound level that is not there already. He does not believe that neighbors are now being bothered and he does not think this amendment will propose any significant changes to what is already going on at the hospital. No one else wanted to address the matter, so Mr. Bowie closed the public hearing. Motion was made by Mr. Perkins, seconded by Mrs. Humphris, to approve SP-91-51 subject to the two conditions recommended by the Planning Commission. With no further discussion, roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. (The conditions of approval are set out in full below.) 1. Animals shall be confined to an enclosed structure. Noise mea- sured at the nearest lot line shall not exceed forty (40) deci- bels; and 2. Commercial boarding shall be limited to cats only. Agenda Item No. 13. Public Hearing on a request to amend the service area boundaries of the Albemarle County Service Authority to include GLENMORE PRD for water and sewer service. Property consists of approx 1141.7 ac bor- dered by US Rt 250 E on the N & by the Rivanna River on the S & W. Property comprises the majority of the Rivanna Village, a designated growth area. TM7D,P6&7,Sec 3; TM93,P59&60; TM94,P2&11. Rivanna Dist. This is a designated growth area. (Advertised in the Daily Progress September 16 and September 23, 1991.) Mr. Keeler summarized the following staff report: • ' November 6, 1991 (Regt Night Meeting) ITACfir'IEN' B, PACE 2 (Page 20) "Property: The property consists of +1141.7 acres described as Tax Map 79D, Section 3, Parcels 6 and 7; Tax Map 93, Parcels 59 and 60 and Tax Map 94, Parcels 2 and 11. The property, bordered by U. S. Route 250 East on the north and by the Rivanna River on the south and west, comprises the majority of the Rivanna Village, a designated growth area in the Rivanna Magisterial District. Request: To schedule a public hearing for amendment to the Albemarle County Service Authority jurisdictional area for public water and sewer on the above referenced parcels. Background: Provision of public water and sewer was at the center of consideration for the Rivanna Village and, more specifically, approval of the Glenmore PRD (ZMA-90-19). Public water and sewer were both a condition for development in the Village and proffered in ZMA-90-19 to be provided at the expense of the applicant (Frank Kessler). During the review of ZMA-90-19 the applicant submitted a letter to request inclusion in the jurisdictional area. This letter was included in the staff report as an attachment. The staff report stated: 'The appli- cant has submitted a request to the Board of Supervisors for inclusion of Glenmore into the Albemarle County Service Authority jurisdictional area for a public water and sewer service. The Board in its action on this request can adequately address this matter.' However, this item was not specifically addressed in the action nor was it listed on the Board's agenda as a separate item. In order to defin- itively resolve this matter, staff recommends the Board state a resolu- tion of intent to forward this request to public hearing. This public hearing is recommended to be held at your November 6, 1991 meeting." Mr. Bowie opened the public hearing. No one came forward, so Mr. Bowie closed the public hearing. Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to amend the service area boundaries of the Albemarle County Service Authority to include the following parcels in Glenmore PRD for water and sewer service: Tax Map 79D, Section 3, Parcels 6 and 7; Tax Map 93, Parcels 59 and 60; and Tax Map 94, Parcels 2 and 11. With no further discussion, roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 14. Request from Daniel Bieker to include property shown on Tax Map 79 as Parcel 25A near Glenmore in the Albemarle County Service Authority service area boundaries for water and sewer service. Mr. Keeler said Mr. Bieker is requesting that his property near Glenmore be included in the Albemarle County Service Authority's service area bounda- ries for water and sewer service. He pointed out the property on the map and said the staff is recommending that a public hearing be set. He added that staff is recommending, in addition to Mr. Bieker's property, that all other properties in the Village of Rivanna be included in the Albemarle County Service Authority service area boundaries for public water and sewer. He said there is a list of the properties provided as Attachment C (on file). Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to set a public hearing for December 18, 1991, to consider full designation for all remaining properties in the Village of Rivanna, including Mr. Daniel Bieker's. With no further discussion, roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Agenda Item No. 15a. Appointment: Appoint a voting member for the Virginia Association of Counties (VACo) Annual Meeting. Mr. Bowie said a representative and an alternate from the Board of Supervisors need to be appointed to vote at the VACo Annual Business Meeting. TTAC I I I B, PAGE 3 December 18, 1991 (Regular Night Meeting) (Page 16) from "up-zoning" property. It is a well-known fact that once property is rezoned from R-6 to R-15 the land immensely increases in value. He thinks there could be a ripple effect if this is done. VDoT could decide to acquire - all the property along the route. Mr. Bowerman said he thinks that if the rezoning was accompanied by a specific plan, it would put a different light on the request. He thinks that since there is no plan, the request should not be approved. Mr. Bowie agreed. Mrs. Humphris said she thinks it would be in the best interest of the County to have the property zoned R-15 and developed, but to keep the faith with the Commonwealth Transportation Board, this Board needs to honor its statements. She does not think the request should be approved. Mr. St. John commented that the Board is "caught between a rock and a hard place" because it does not want to give the impression that it has entered into a binding agreement with VDoT and will not exercise its legis- lative judgement in rezonings. Mr. Bowerman then offered motion, seconded by Mrs. Humphris, to deny ZMA-89-09. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. 1 Agenda Item No. 10. PUBLIC HEARING on a request to amend the service area boundaries of the Albemarle County Service Authority for water and sewer service to include all remaining properties as shown in the Comprehensive Plan as the Rivanna Village, which is a designated growth area. (Advertised in the Daily Progress on December 3 and December 10, 1991.) Mr. Cilimberg said last month the Board had before it a request to amend the Albemarle County Service Authority's service area boundaries for water and sewer service to the Glenmore property in the Village of Rivanna. At that time, staff asked the Board to consider amending the service area boundaries for water and sewer service to the entire Rivanna Village which would be consistent with the Comprehensive Plan. He presented a map which covered the Village area. Mr. Bowie asked if this amendment would make it mandatory for a subdivi- sion to connect to water and sewer service. Mr. St. John responded "no", but a future Board could require the connection following a public hearing. Mr. Cilimberg said this amendment does not mean that the properties within the service areas will automatically have water and sewer available. The Chairman opened the public hearing. Mr. Dan Bieker, a property owner, said he hopes the Board approves this designation. He does not think water and sewer service should just be available to Glenmore. There being no other public comments, the public hearing was closed. Motion was offered by Mr. Bain, seconded by Mr. Bowerman, to amend the • service area boundaries of the Albemarle County Service Authority for water and sewer service to include all remaining properties as shown in the Compre- hensive Plan as the Rivanna Village, which is a designated growth area, and set out as follows: Tax Map 79, Parcels 25, 25A, 25B, 25C, 26, 28, 29, 30, 31, 32, 33, 34, 35, 35A; Tax Map 79D, Parcels 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19; Tax Map 80, Parcels 46, 46A, 46B, 46C, 46D, 46E, - 47, 48, 49, 49A, 50, 51, 52, 53, 54, 54A, 55, 55A, 55B, 55C, 56, 56A, 57, 57A, 58, 58A; Tax Map 93, Parcels 61, 61A, 61B, 62; and Tax Map 94, Parcels 1, 1A, 3, 4, 5, 6, 7, 7A, 7B, 8, 8A, 8C, 8D, 8E, 8F, 9, 10, 47, 47A, 48, 49B, 49C, 50, 51, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. ALBEMARLE CC_NTY ALBEMARLE COUN', ATTACHMENT C 62 63 . 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