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HomeMy WebLinkAboutACSA201100103 Executive Summary 2001-06-20 • RECEIVED L I, .R A ...OUNTY OF ALBEMARLI JUN 14 7nn1 EXECUTIVE SUMMARY p�ANNlNC D QOMMUNiTY D VEANLOP AGENDA TITLE: AGENDA DATE: ITEM NUMBER:MENT Barbara Harris -- Request to amend Albemarle County June 20, 2001 Service Authority Jurisdictional Area ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Public hearing to consider amending the ACSA ACTION: INFORMATION: Jurisdictional Area boundary to provide sewer service to Tax Map 60A, Parcel 26 (1.97 acre which is a portion of the parcel currently designated as Parcel 26). ATTACHMENTS: Yes STAFF CONTACT(S): REVIEWED BY: Messrs. Tucker, Foley, Cilimberg, Benish BACKGROUND: The applicant is requesting Jurisdictional Area designation for sewer service to a 1.97 acre parcel located on the north side of Barracks Road, just east of, and adjacent to, the Barracks Market (Attachment A- applicant's request, Attachment B — location map). The property is located within the designated Rural Area and is within the Jurisdictional Area for water service only (Attachment C). The applicant is requesting sewer service because the Health Department has determined that there is not an adequate location for a septic system on the site. Almost the entire property has been subject to substantial fill activity in the past (1960's or 1970's) and the existing soils and topography of the site are inadequate to upport a septic system (Attachment D). The Health Department inspector has indicated to staff that in evaluating the site, onsideration was given to the possibility of locating septic fields on adjacent properties. It was the Health Department official's opinion that there was not a viable alternative site on the adjacent parcels. The primary concern with this option is that the surrounding parcels are also very small in size, and locating additional septic systems on those parcels could compromise the ability of those parcels to sustain viable septic field systems in the future. DISCUSSION: The subject property is located in the Rural Area. 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. 109)." "Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 125)." "Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.125)." "Only allow changes in the jurisdictional areas outside of the designated Development Areas in cases where the property is: 1)adjacent to existing lines; and 2) public health and/or safety are in danger(p.125)." Existing sewer lines are adjacent to the property. The sewer line serves the Old Salem apartments and the Huntwood townhouse development, both of which are located very near this site. This parcel is currently undeveloped. Therefore, there is no current health or safety issue. The issue with this request is that the property cannot be developed for residential use unless public sewer service is provided to the site. Staff opinion is that, in this particular case, providing sewer service to this parcel is not inconsistent with the intent of the policy for provision of service to the Rural Area. The primary purpose of the policy is to discourage the extension of service into areas not intended for development and to avoid consuming the capacity of the public system in serving such Ireas. In this particular location, most of the surrounding properties are already provided water and sewer service. Furthermore, this parcel is 1.9 acres in size and cannot be further subdivided or developed under current zoning. Therefore, provision of sewer service would not result in the extension of lines into previously unserved areas and would not serve to potentially support more intensive developed beyond the one dwelling unit on the property. AGENDA TITLE: Barbara Harris -- Request to amend Albemarle County Service Autnority Jurisdictional Area AGENDA DATE: June 20, 2001 Page 2 of 2 RECOMMENDATION: Staff recommends amending the ACSA jurisdictional area to provide sewer service to Tax Mapfr?' Parcel 26 (1.97-acre parcel). bbVr NOTE: This 1.97-acre parcel has not been recognized as a separate parcel on the County's current tax maps. The maps are to be corrected to reflect the existence of the parcel. However, at this time there is no separate parcel number to refer to for this parcel. The Zoning Department and Real Estate Office have determined that the 1.97 acre parcel is an existing, separate parcel. cc: Bill Brent Barbara Harris 01.130 COUNTY OF ALBEMARL_ � RECEvED EXECUTIVE SUMMARY t tl 2001 AND AGENDA TITLE: AGENDA DAT INI'T`I"( pEA DEVLO ELQ UMBER: Barbara Harris -- Request to amend Albemarle County June 20 Service Authority Jurisdictional Area ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Public hearing to consider amending the ACSA ACTION: INFORMATION: Jurisdictional Area boundary to provide sewer service to Tax Map 60A, Parcel 26 (1.97 acre which is a portion of the parcel currently designated as Parcel 26). ATTACHMENTS: Yes STAFF CONTACT(S1: REVIEWED BY: Messrs. Tucker, Foley, Cilimberg, Benish BACKGROUND: The applicant is requesting Jurisdictional Area designation for sewer service to a 1.97 acre parcel located on the north side of Barracks Road,just east of, and adjacent to, the Barracks Market (Attachment A- applicant's request, Attachment B— location map). The property is located within the designated Rural Area and is within the Jurisdictional Area for water service only (Attachment C). The applicant is requesting sewer service because the Health Department has determined that there is not an adequate location for a septic system on the site. Almost the entire property has been subject to substantial fill activity in the past (1960's or 1970's) and the existing soils and topography of the site are inadequate to support a septic system (Attachment D). The Health Department inspector has indicated to staff that in evaluating the site, consideration was given to the possibility of locating septic fields on adjacent properties. It was the Health Department official's opinion that there was not a viable alternative site on the adjacent parcels. The primary concern with this option is that the surrounding parcels are also very small in size, and locating additional septic systems on those parcels could compromise the ability of those parcels to sustain viable septic field systems in the future. DISCUSSION: The subject property is located in the Rural Area. 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. 109)." "Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 125)." "Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.125)." "Only allow changes in the jurisdictional areas outside of the designated Development Areas in cases where the property is: 1)adjacent to existing lines; and 2) public health and/or safety are in danger(p.125)." Existing sewer lines are adjacent to the property. The sewer line serves the Old Salem apartments and the Huntwood townhouse development, both of which are located very near this site. This parcel is currently undeveloped. Therefore, there is no current health or safety issue. The issue with this request is that the property cannot be developed for residential use unless public sewer service is provided to the site. Staff opinion is that, in this particular case, providing sewer service to this parcel is not inconsistent with the intent of the policy for provision of service to the Rural Area. The primary purpose of the policy is to discourage the extension of service into areas not intended for development and to avoid consuming the capacity of the public system in serving such areas. In this particular location, most of the surrounding properties are already provided water and sewer service. Furthermore, this parcel is 1.9 acres in size and cannot be further subdivided or developed under current zoning. Therefore, provision of sewer service would not result in the extension of lines into previously unserved areas and would not serve to potentially support more intensive developed beyond the one dwelling unit on the property. • AGENDA TITLE: Barbara Harris -- RE st to amend Albemarle County Service Auu,ority Jurisdictional Area AGENDA DATE: June 20, 2001 Page 2 of 2 RECOMMENDATION: Staff recommends amending the ACSA jurisdictional area to provide sewer service to Tax Map 62, Parcel 26 (1.97-acre parcel). NOTE: This 1.97-acre parcel has not been recognized as a separate parcel on the County's current tax maps. The maps are to be corrected to reflect the existence of the parcel. However, at this time there is no separate parcel number to refer to for this parcel. The Zoning Department and Real Estate Office have determined that the 1.97 acre parcel is an existing, separate parcel. cc: Bill Brent Barbara Harris 01.130 EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM Barbara Harris--Request to amend Albemarle County NUMBER: Service Authority Jurisdictional Area June 20,2001 SUBJECT/PROPOSAL/REQUEST: ACTION: X Public hearing to consider amending the ACSA INFORMATION: Jurisdictional Area boundary to provide sewer service to Tax Map 60A,Parcel 26(1.97 acre which is a portion of CONSENT AGENDA: the parcel currently designated as Parcel 26). ACTION: INFORMATION: STAFF CONTACT(S):Messrs.Benish,Cilimberg, Foley,Tucker ATTACHMENTS: Yes BACKGROUND: The applicant is requesting Jurisdictional Area designation for sewer service to a 1.97 acre parcel located on the north side of Barracks Road,just east of,and adjacent to,the Barracks Market(Attachment A- applicant's request,Attachment B—location map). The property is located within the designated Rural Area and is within the Jurisdictional Area for water service only(Attachment C). The applicant is requesting sewer service because the Health Department has determined that there is not an adequate location for a septic system on the site.Almost the entire property has been subject to substantial fill activity in the past(1960's or 1970's)and the existing soils and topography of the site are inadequate to support a septic system(Attachment D).The Health Department inspector has indicated to staff that in evaluating the site,consideration was given to the possibility of locating septic fields on adjacent properties. It was the Health Department official's opinion that there was not a viable alternative site on the adjacent parcels. The primary concern with this option is that the surrounding parcels are also very small in size,and locating additional septic systems on those parcels could compromise the ability of those parcels to sustain viable septic field systems in the future. DISCUSSION: The subject property is located in the Rural Area. 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. 109)." "Provide water and sewer service only to areas within the ACSA Jurisdictional Areas(p. 125)." "Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.125)." "Only allow changes in the jurisdictional areas outside of the designated Development Areas in cases where the property is: 1)adjacent to existing lines;and 2)public health and/or safety are in danger(p.125)." Existing sewer lines are adjacent to the property. The sewer line serves the Old Salem apartments and the Huntwood townhouse development,both of which are located very near this site. This parcel is currently undeveloped. Therefore,there is no current health or safety issue. The issue with this request is that the property cannot be developed for residential use unless public sewer service is provided to the site. Staff opinion is that,in this particular case,providing sewer service to this parcel is not inconsistent with the intent of the policy for provision of service to the Rural Area. The primary purpose of the policy is to discourage the extension of service into areas not intended for development and to avoid consuming the capacity of the public system in serving such areas. In this particular location,most of the surrounding properties are already provided water and sewer service. Furthermore,this parcel is 1.9 acres in size and cannot be further subdivided or developed under current zoning. Therefore,provision of sewer service would not result in the extension of lines into previously unserved areas and would not serve to potentially support more intensive developed beyond the one dwelling unit on the property. RECOMMENDATION: Staff recommends amending the ACSA jurisdictional area to provide sewer service to Tax Map 62,Parcel 26(1.97-acre parcel). NOTE:This 1.97-acre parcel has not been recognized as a separate parcel on the County's current tax maps. The maps are to be corrected to reflect the existence of the parcel. However,at this time there is no separate parcel number to refer to for this parcel. The Zoning Department and Real Estate Office have determined that the 1.97 acre parcel is an existing,separate parcel. Cc: Bill Brent Barbara Harris Date: May 24, 2001 ATTACHMENT A Albemarle County Board of Supervisors PAGE 1 Subject: Restriction on connection to county sewer system for Parcels 9-25, 9-25A, 9- 26 & 9-28 located on Barracks Road (Route 654) (Attachment A, new plat) On March 26, 2001, I spoke with Mr. John Shepherd, Manager of Zoning Administration for Albemarle County, regarding a variance to place a manufactured home on Parcel 9-28 owned by my mother, Louise Harris. After checking into the results of a similar action I had begun but cancelled in 1999, Mr. Shepherd told me that the variance was not necessary. On 3/28/01, he sent to me by FAX a Tax Map on which he had written: "Parcel 28 L.V. Harris 1.444 acres RA zoning currently vacant A DWELLING CAN BE BUILT ON THIS PARCEL, SUBJECT TO APPROVED BUILDING PERMIT."(Attachment B, Tax Map) I was advised by the County Engineering Department that we could tap into the County water line, but that a septic system would be required. On Wednesday, May 23, Mr. Jeff Loth, Environmental Health Specialist for Thomas Jefferson District, came to the home site, but was unable to find a suitable area for the necessary drain fields (Attachment C, report). We learned that the decision to allow access to the County sewer line would be made by the Board of Supervisors--a process that, I am told, could take until nearly mid-July even if begun immediately. The fact that the sewer line runs on land that belonged to the subject Parcels prior to acts of eminent domain of the Commonwealth of Virginia (Attachments D & E, State Highway Plat Book pages,), and dwellings on all sides of these parcels are on the sewer lines makes this restriction all the more questionable and confusing. I have included all of the above parcels acquired by my grandfather, Henry Harris, as shown in Deed Book 611, page 417 (Attachment F), because all are included in the subject restriction. Our initial intent in seeking to place a home on this property at this time was to provide care for my mother, now aged 94 and living on the property. The residence would also provide needed living space for other family members, nearly all of whom are over 65 years of age. Since our current rental agreement terminates on June 30th and month-to-month leases are not accepted by our lessor, having to move furniture to storage and find quarters for myself and my husband for 3 or 4 weeks (provided the hearing would result in our ultimate move into our new home before the end of July), poses a severe hardship on our finances as well as our mental and physical health. All this, while Palm Harbor Homes awaits the OK for delivery to our site. Thus, this plea for waiver of the hearing process on this matter if it is at all ossible. Most respectfully, 4a, RECEIVED d_tt,m/01(Azzi MAY 2 I. 2001 PLANNING ANL. Barbara L. Harris �;,QMMUNr ' DEVELOPMENT ATTACHMENT A PAGE 2 , . Parcel (9)-22 ,z<),,,-_,....c, `Parcel (9)-27 _\ Parcel (9)-30 , /' /' , 6 Parcel (9)-26 Louise & James Harris\ .o, �`' so 25, D. B. 611 —417 ' 5 �� '`po �99•39, !s ,, / is 0 stream o,�°"i,� 1 .970 acres /N72 50 it 49.95' �b�/ 12r� �0 �24.1%° z D. B. 661 -417 2°°8"w:+— :-� 5� o` �6 No �� N85'04'20"W to <9°,, o %_ , proposed 1 ^°��°r• �• .I a`. house location ,. Parcel' (9)-25A Parcel (9)-24 sIo` � ',C9 .rN Ethel /Hali James Morris °°\�� • ry .� D. B. ;1237-628 D. B. 1397-718 !s 7„,, /1____ _ _ __r, °s I l ° , Parcel, (9)-25 ova, Ethai 'Maupin �qrr ro0pr D. B.�630--602 -..--„,..,,,, , ,s...,,,..... .„.t.s....„_i 6sQ °ary ,10,L T H or i, IX ROBERT L. LUM CERTIFICATE No. 01157 PLAT SHOWING BOUNDRY SURVEY OF ����� y�'�/���`��� TAX HAP 60A PARCEL (9)-28 /4-0 L ANC THE LO UISE , & JAMES HARRIS PROPERTY I JACK JOUETT DISTRICT, ALBEMARLE COUNTY, VIRGINIA SCALE: 1" = 100' DATE: MAY 20, 2001 60A0026.dwg LUM'S LAND SURVEYS, INC. P.O. BOX 154 PALMYRA, VA. 22963-0154 100 0 100 200 300 PHONE: (804) 589-8395 �!�•�• •• ■ GRAPHIC SCALE FEET ATTACHMENT B . ALBEMARLE COUNTY il • 8 401, Z *Abb. V 4 ® , O O` °�D F OBOE O lot �� RDA s jisg,%tfr asE sccnoN 23 A ¢ \� O 1 /ENNON .��,�a� © 18 of 22 v v 0 a o -.4,,, 1+e`eloo 1 1WWW 19 28 272620 p4**74 za NU � o 4'a 4 if w.4 SECTION4 it I 12 I 82 c15*9 ACREAGES 9 GREENTEHESSIANHILLS SECTION 5 D.8 400 .277 ! � ' E= E3 0 Po O �O D:B.405Pq.103 o4vo06 O HESSIAN HILLS SECTION 6 D.B.417,Pq.159 ©titt i* ©4 to O 10 HESSIAN HILLS SECTION 7 D.B. 622,Pg.565-568 ® ` as"% rat,HESSIAN HILLS -SEC.I II UNIVERSITY COMMONS a B.770,Fp,338-347 a �j I D.B.316, Pg.254 O Affpai *OP © HESSIAN HILLS -SEC.2 KNOLLWOOD e D.B.327 .317 (MEADOW CREEK) ippo O HESSIAN HILLS-SEC.3 D.8.272,Pg.8 SEE REVISED PLAT D.B 370, P9.145-D.B.379 Pg.365 D.8.188Py.81s OKNOLLWOOD HESSIAN HILLS-SEC.4 ADDITION ® 0.8.378, Pp.107 JACK JOUETT AND •C•,l Y, PItT zoo 0 ZOO .ao GOO .00 RIO DISTRICT SECTION 60-A aEVISED: 8/10/83, 11/14/84, 11/12/86, 8/11/98, 3/14/01 MAR LE COUNTY ATTACH _ I :I II, vi 1 T / i. 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I• . e------, '..-- -7.7".4* teglir' :,.. 44 •-•- -::-:'• '''''..41-1Fdlitili, 4,,,,,. ..,:.}}}:�:::o:;,:...' :::... :.,Aft;;:<; , �.rr1/im •. t , ,,,,,,,,,-.;-:..:- ,,,:-...,-„.-: ,:::,,,,,,.„,..1 ,....=,,,,,,.. ,,,,,,,,,..,-,,,,,,-,1 4,... 4,..,,. ,,,, - 0 >,....,... ,,/- //// 3 �aa't _ A �!# 'ter//a4 :„,.:.... i.,,, 3 S "•.,lFff}' ',:r r" '';� ��"��i• 2 7E 4 �li.... .., : .. Is_ ._ „ . '�v,* J .:. :::---.I;± ii '- #,Ii• :-.:'. „-:.. .--;,I,N.:;;. • -----.-- .*"'I IV-::liff p _ sR ' iTM - 9 GREEnTREE °1%, . 7r.----.0 g-, ti '/ • A S �y.,.a O9 ACREAGES '4,, ,,,,.....,,,, CI HESSIAN HILLS SECTION SOB. F�q.}•2TT .',, IIi* ; r;' . ::::. _ D.8.403400 P10 3 �" * ': - cy 1 r .�';ice5ic-:7i::iF.: !�J HESSIAN HILLS SECTION 6 D9.417,Pq.159 ��•:.:_...:-..-, .�` p� HESSIAN HILLS SECTION 7 O.B. 622,Pq.565-568 t + ' '! # lHESSIAN MILLS -SEC.I , CJ C.8.316, Pg. 254 �� UNIVERSITY C�MMONS 2 B. 'TO,RI.338 3a7 � ar HESSIAN HILLS -SEC.2 ���7)) 60 0.8.327, Pg.317 �/ MEADOW �J • (MEADOW CREEK) e O HESSIAN HILL__-SEC.3" ... 0.8.2T2,P 8 3Et R[VI]CD PLAT D.B 370, Pp943-O.B 379 Pq.365 q• os3..r�.sls HESSIAN MILLS—SEC.4 ADD ADDITION D.B.37B, Pq IO7 ADDITION JACK JOUETT AND ""' ' SECTION 60—A ��_„° ��° CHARLOTTESVILLE DISTRICT ATTACHMENT D ` ;+ R�i1 PAGE 1 COMMONWEALTH of VIRGINIA In Cooperation with the Thomas Jefferson Health District ALBEMARLE-CHARLOTTESVILLE State Department of Health FLUVANNA COUNTY (PALMYRA) 1138 Rose Hill Drive GREENE COUNTY (STANAROSVILLE) Office of Environmental Health LOUISA COUNTY(LOUISA) Phone (804) 972-6259 P. O. BOX 7546 NELSON COUNTY (LOVINGSTON) FAX (804) 972-4310 Charlottesville, Virginia 22906 May 24, 2001 Louise Harris and Barbara Harris 1316B Willow Drive Charlottesville, Virginia 22902 Re: Sewage Disposal System Application Location: North side of Rt. 654 (Garth Rd.), .15 mile west of Rt. 656 (Georgetown Rd.) Albemarle County, Virginia Tax Map #60A-28 Health Department ID#: 101-00-0313 Dear Misses Harris, Your application for a Sewage Disposal System Construction Permit filed on May 14, 2001 with the Albemarle County Health Department has been evaluated in accordance with the requirements contained in the Code of Virginia, Section 32.1-163, the Sewage Handling and Disposal Regulations, and current agency policy and procedures for processing applications for on-site sewage disposal systems. Based on the information filed with your application and the site evaluation conducted by the Departments representatives,your application for a Sewage Disposal System Construction Permit for the above referenced location is denied for a conventional sewage disposal system in the areas investigated by the health department. The Department's findings and reasons for denial, in the areas examined, are set forth in items A and B: A. Insufficient area of acceptable soil for required drainfield, and Reserve Area. B. Unacceptable landscape position required for drainfield installation. The entire lot essentially consists of one large swale which, over the years, has undergone extensive manipulation via cut-and-fill operations. The swale is still obvious, however its bottom has been filled to the degree that it is now a rather flat landscape. The sides of the swale, which are consistently concave-shaped, have been terraced by cutting suface soil out and pushing it downhill to create a flat grade some 8' to 10' higher in elevation than the filled, flat bottom of the ATTACHMENT D PAGE 2 swale. What it all boils down to is that the entire shape of the lot acts to concentrate and funnel surface water run-off, and we are prohibited from installing drainfields in such areas. Furthermore, drainfields require natural, original soils, which are generally not available at the ground surface on your property. In accordance with the Virginia Administrative Process Act, Title 9, Chapter 1.1:1 and Section 32.1-164.1 of the Code of Virginia, this letter is to further inform you of your right to appeal from the decision of the Department, which is specified in this letter. If you desire to pursue your right to appeal in which you may at your discretion be represented by counsel, the first step in the appeal process is to submit to Susan L. McLeod, M.D., M.P.H., P.O. Box 7546, Charlottesville, Virginia 22906, Phone (804) 972-6219, a written request detailing and outlining all the facts and such data or information which forms the basis for you appeal within 30 days of receipt of this letter. If this office may be of further service to you regarding your application, please let us know. Sincerely, William(Jeff) oth, IV Environmental Health Specialist, Senior