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Home My WebLink AboutACSA200800001 Executive Summary 2008-04-02 summary Page 1 of 3 t40k. 0-Cr,/ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Request to amend the Albemarle County Service April 2, 2008 Authority Jurisdictional Area ACSA Jurisdictional Area for Tax Map 55B, Parcel 1 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Review of a request to amend the Jurisdictional Area ACTION: INFORMATION: Boundary to provide Water Only designation to Tax Map 55B, Parcel 1, located on Route 250, just outside Crozet Community. ATTACHMENTS: Yes STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, and Benish REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The applicant, Jeff Sprouse, has requested a "Water Only" service designation for a four-acre parcel located on thi south side of Route 250, approximately .7 mile east of the 1-64 Interchange at Yancey Mills, in the Whiteha Magisterial District. Although the property is designated as Rural Area in the Comprehensive Plan, it is zoned HC Highway Commercial (see Attachment A). This property is currently in the ACSA Jurisdictional Area any designated for "Water Only to Existing Structures," with the existing structures identified as a "House (old two story)". This designation was established in 1983 as part of a comprehensive amendment to the Jurisdictional Are; Boundaries. However, there is no documentation on file specifically noting the reason this property has thi designation. After the applicant purchased the property, he removed the structure from the property because was in disrepair (see applicant's letter, Attachment C). At the time the applicant was unaware of the JurisdictionE Area designation. With the prior"existing" structure removed from the property, this Jurisdictional Area designatioi no longer permits service to this property. Service was never provided to the original structure. The applicant nog wishes to modify the Jurisdictional Area designation to allow any future development of the site access to publi water service. In general, the comprehensive amendments made to the Jurisdictional Areas Boundaries in the early 1980's wen done in part to make the service areas more consistent with the County's Land Use Plan and growth managemer policy at the time which directed that service was to be provided only to Development Areas. Staffs understandin! is that the "Water Only to Existing Structures" designation was intended to recognize certain properties that wen located outside the Development Area boundaries, but located adjacent to existing service lines and that wen already developed in a more urban manner, or were already served by public water and/or sewer. In some case: this designation may have been placed on properties to honor prior agreements to provide service to a propert (negotiated as a part of land/easement acquisitions for service line/facility installations). The designation wa intended to permit service for the existing level of development present at the time of designation, but preclude an additional, or more intensive, development of the designated property from receiving public service without furthe Board action. STRATEGIC PLAN: Goal 2: Protect and/or preserve the County's natural resources Goal 3: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs. Goal 4: Effectively Manage the County's Growth and Development. DISCUSSION: The subject property is located in the designated Rural Areas, and not within a Development Area. Thi Comprehensive Plan provides the following concerning water service to the Rural Areas: http://www.albemarle.org/upload/images/Forms_Center/Departments/Board_of Superviso... 3/28/2008 summary Page 2 of 3 General Principle: Utilization of central water and/or sewer systems or extension of the public water o sewer into the Rural Areas is strongly discouraged except in cases where public health or safety i endangered. Recommendation: Follow the boundaries of the designated Development Areas in delineatin' jurisdictional areas. Recommendation: Only allow changes to the Jurisdictional Areas outside of the designated Developmer Area boundaries in cases where property is: (1) adjacent to existing lines; and, (2) public health or safety i endangered. This property does not meet the criteria for the provision of service to a property within the Rural Areas as there i no documented public health or safety issue on the property. This request as presented is not consistent with thi principles, objectives and strategies of the Comprehensive Plan for the provision of water service outside of ; designated Development Area. Public water service is intended to be provided only to the Development Areas ti support the County's growth management policy of encouraging growth in the Development Areas am discouraging growth in the Rural Areas. The continued extension of service lines into the Rural Areas can be ; catalyst for growth pressures. Furthermore, providing service to the Rural Areas utilizes valuable water supply an! treatment capacities which should be reserved to support the Development Areas. This property is of a size whicl could be supported by an on-site well. The applicant has asked that the Board approve public water service for fire suppression purposes only if th! Board does not approve the request for "Water Only" to the property for domestic use. The Board has previousl denied other requests for properties in the Rural Areas to be provided with water service for the purpose of fin suppression. With the parcel being currently undeveloped, health or safety issues regarding fire suppression di not exist. Staff can identify only one other case similar to this one, where a property with a "Water Only to Existing Structure had the building eligible for service removed and there was a subsequent request for a new service designation. In 2000, the Board approved a change in the Jurisdictional Area designation from "Water Only to Existin! Structures" to "Water Only" for a two-acre parcel located off of Georgetown Road. The property was designate Rural Areas in the Comprehensive Plan and was zoned RA, Rural Areas. The existing house on the property wa in disrepair and the property owner removed it in the mid/late 1980s. In 2000, the owner wished to rebuild a ne% home on the property and have it served by public water. Since the property was zoned RA and was two acres ii size, it could not be further subdivided and could only have one dwelling located on it. Further, with its locatioi being outside of a designated Development Area, it was not likely to be rezoned to a more intensive use. The ne% home would be of the same intensity of use and have the same level of water demand as the original structun which was eligible for service. The Executive Summary for the 2000 request is provided as Attachment D (Patricia Flowers-Request to Amend the ACSA Jurisdictional Area). It would be more difficult to treat this property like the Patricia Flowers request because the HC zoning and four acre size of the parcel in combination with a "Water Only" designation could permit a much more intensive use c the property than designated in the Comprehensive Plan. However, should the Board wish to treat this request in ; similar manner as the Patricia Flowers request, the Board could proceed to public hearing to consider "Limite Service" for water only to one (1) house that would replace the prior house. This would allow for water service ti be provided to the equivalent level of use as the existing designation. However, it should be noted that the mon limited nature of this designation is not consistent with the applicant's request. BUDGET IMPACT: If approved, the property owner will bear the cost to connect the property to nearby water lines. RECOMMENDATIONS: Staff recommends that the Board not proceed to public hearing on this request for "Water Only" service designation. If the applicant elects to modify his request, staff can recommend that the Board set a public hearin' to consider "Limited Service" for water only to one (1) house that would replace the prior house on Tax Map 55E Parcel 1, conditioned upon staff further defining the specifics of the designation. ATTACHMENTS A— Location Map B—ACSA Jurisdictional Area Designations http://www.albemarle.org/upload/images/Forms_Center/DepartmentsBoard_of Superviso... 3/28/2008 summary Page 3 of 3 C—Applicant's Request and Justification D-Patricia Flowers-ACSA Jurisdictional Area Boundary Amendment Request Executive Summary (5/3/07) Return to regular agenda http://www.albemarle.org/upload/images/Forms_Center/Departments/Board_of Superviso... 3/28/2008 end ATTAt..nrVIENT A -- LOCATION MAP, SPROUSE ACSA 1,uRISDICTIONAL AREA REQUEST �N e:Some hems on map may nor appear in legend) ,� o..F...M,o 55 1E •,` 6-14 ❑ �ma.-. .M_ t55E-01--AS Q- L 55-84? • s111110. < -�, w ilir • It~ .-3A 55E-01--A1 • -.--•r". 55A-5 55-103F 4 56-17A N a o_ •-5• 10 ��CeNC .../TIT- _.sn. A-11 S\ a� ,w 55404C - 10 l ln-.- - ,,A..E-.K,, 56-17E 56-1 55-103 t ♦ • ',�._,u,orICL9 55-102 -103G 55A ..'r�"'��.- -5-10:' ---f7E1 d • °.-re_F.� 55A-33 . : • : -16A I' 56-17F 55 - • 1 • / 55B-17 3 5A-3 55A-3� � ,•r�--- � • - I �., 56-17 • /'' -5-11• 55A-37 �A •. • • �i'' -10 : j��* 56-15• 55 6A 5• * �� !� 55-111A 55-109 ��' q ? f. �• - • /� r 7A -� ' 56- 7C �� xsn�13 0 4, 1 GIS-web `5-10 • �� 6L` - Geographic Data Services • / / "�•-�"—`-1� •••--��' ti www albemade.org 55-1 12 ,,•.......,,,,- alai zss-sasz 55- �- 06A4 r r :,'{.� 55-111B 55-106• 1 . a 4 4/V 564 'A a,,,,..4044, 55-98A 825 = �'-" ► ►d1 55-100 56-19G �,•c., e 55-112A 55-106A3 55-106A2 ,A�!�,3r�" « •- _440 `--,7*1 .1114,.... if * -411111111E1101 Slagnikgal' 1-42 a �824 � 0 , r....55ee��J2 - Van, N • Map Is for display purposes only•Aerial Imagery 2002 Commonwealth of Virginia March 19,2008 ATTACHMENT B -- ACSA JURISDICTIONAL MREA DESIGNATIONS (Note:Some Items on map may not appear�Legend ) '\ :41 1=: '11,...._k.,......N55..,4E \-As 55E-01--A1 �-�- ® -Roe..• 55-84 \-- 56-14C It, •-3A 55E-01--A1 55A-5 55-103F \-, -s� 56-17A Cl w -5•. 10 �� r Iii"lie: A-11 �� ❑ a. . 554114C 411:-_ - .,-A.. „ ) 55-104A Itill 56-1 Y.,u..,. 55-103 55-104A ` 0^- -- 55-102 55-103A - -�ssa`�� 1 5--103G � 5-10. li —t7E1 -17F 55A-33 c, V10 D 556-16AI 551\-36A1 51 3 �� ! I 55B-17 55A-32 55A-36 ~'�"-� 55-10'! 5-B-15 u 56-17 55A-37 40. 55-110 . -10 y , 55 6A 55A-38 c � 55-111A 55-109 :��'eVar /�� c� ' �56-17C ..-- lijik 5 In�13 - S5A- ' r ` GIS-Web ♦- _ . / // 5-10 = -5B-1 ��zrti -.-„1�' Geographic Data Services 55-112 www.alb296"1e.org - jriq �ax>z�-seaz 55- 55-106. 1 lilt / 7. 55-111B ar _.- 1 &iv 56! 9F ri,_.,. `t �it* \`' S5-98A 56-19G } i tid 55-100 f'"'`t v 55-106A3 55-106A2 R-.�.,:F� ;Aip . 55-112A -19 'ii`j� 7 �� fill -19B1 it 1-42 ��,�1►� _824 `‹.4 0 =5'S6egt_ a�►'� N Map is for display purposes only•Aerial Imagery 2002 Commonwealth of Virginia Mardi 79,2008 ATTACHMENT TO APPLICATION TO AMEND THE SERVICE AUTHORITY JURISDICTIONAL AREA FROM WATER ONLY TO EXISTING BUILDINGS TO WATER ONLY. CURRENT ZONING -This property is currently zoned HC and has been since 1980. It has had various business uses over the fears. Most recently, it was operated as a lawn mower repair shop. JVater Service - The ACSA staff has advised that the property has designation at this time as "Water only to existing building(s)". ACSA staff also advised that we would have to get the County to advise on this situation. Mr. Benish of the County staff advised that approval to allow the water connection would have to be re-affirmed by the BOS since the existing building oundation is all that is left of the existing building. Based upon the history that Mr. Benish provided, this property along with several others in the vicinity was designated for water service in 1983. At that time, the comprehensive plan showed this property and all the other properties approved at that time to be located outside the growth area boundary. It was zoned at that time as Highway Commercial as it was in a commercial use. There are numerous properties along this stretch of Rockfish Gap Turnpike that have water service—the jurisdictional area extends as far as a property on Hillsboro Lane where the end of the water line is Iocated.See attached mapping from ACSA showing properties having water service designation. (Attachment A) At this time the jurisdictional area for water service was designated, the records reference an existing two story residential building. Although the records don't mention the use, the building at that time was operated as a business and has been since its zoning was designated in the 1980 which was most likely a designation at the adoption of the first Comprehensive Plan. There is no impediment to providing the water service to the property as the public water line is located along this section of RT250 and serves properties on both sides of the road. It extends to the west and serves several properties past this property. See attached area map showing connections. (Attachment B.) Existing Building Issue History VVhen the current property owner, Jeff Sprouse, purchased the property there was an existing building in disrepair to the extent that is was a danger to leave it standing. It had most recently used as a lawnmower repair shop business which housed this activity and the yard was an extension collection of old rusty lawn mower frames and engines which were stored inside and outside the building. Once the building was cleaned out, it was determined to be unsafe to allow people into the building. It was also a safety hazard because there was no way to keep people out. Jeff had the walls and roof removed and left the foundation in place. This was mandated because of the potential danger to the public. By its location along RT250 and in the vicinity of several schools, it also had potential for attracting vandals. The door was broken into and replaced twice. On one occasion, a hiker toke up residence for the night and was found with a campfire burning inside the building. The potential for fire hazard and associated liability was significant. Attached are two photos of the rear view of the existing building after the lawn mowers were removed. Justification: The provision of public water service is very important to the owner. This is a four acre parcel that is currently zoned for HC uses. It has been and is a viable business location. 1. The "existing" building was dilapidated and a public safety hazard. Therefore, removing the walls and roof should not be a penalty to the owner. 2. The EC has been improved by the removal of the building. 3. This is not a request for NEW water designation as it was intended to have public water service for the past 20 years. This is to re-affirm that designation. 4. Any business located on this property can provide better service to the public if the building is served with public water rather than from a private well. Both fire protection with a possible sprinkler system and other water needs are safer when a public water system is employed. 5. Having public water service will exclude a water storage tank that may be necessary with a private well system. Installation of a water storage tank although viable would be a less attractive feature to be viewed from the entrance corridor. 6. The current owner, Mr. Sprouse, is a life time resident that has grown up in Albemarle County. He has had a business in Albemarle County for the past 17 years. As a business operator, it was not known to him that the water service could be withheld due to his acting in good faith to remove the building which was unsafe to the public. His knowledge of land development is limited and a matter of this type is highly unusual from any person's perspective. Although lack of knowledge cannot be an excuse for most things, in this case—a notice in the County records so that when he received his Attachment C • building demo permit it could have stayed the removal of the building and avoided this issue. He acted reasonably and in good faith. 7. He has intentions to build a new building and is doing the right thing to request this approval rather than try to get around the rules by rebuilding the old building on the existing foundation. 8. Withholding the water service will not prevent the development of the parcel so there is really no reason to not re-affirm the water only jurisdiction for ACSA in this case. 9. This is not part of a rezoning or other increase in intensity of the zoning that already exists. 10. Withholding the "water only" designation does not set a president with regard to other properties because this is a single occurrence and no similar circumstance is known. 11. If he is not granted the water service, he has the option to restore the building as the foundation still exists BUT the County regulations on construction would come into play and the complicated process was not intended for this kind of circumstance. 12. The water service would provide the approximately 750 average gallons per day that may be needed and it would also allow for a safety fire suppression sprinkler system so in the event of fire the occupants do not have to wait for fire trucks to arrive on site which is generally a public safety issue. IF "water only" cannot be re-affirmed,this is to ask for a "fire connection only—jurisdictional area" 2 attacthment Page 1 of 1 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Patricia Flowers—Request to amend the Albemarle June 7, 2000 County Service Authority (ACSA)Jurisdictional Area for water service only. ACTION: X IN FORMATION: SUBJECT/PROPOSAUREQUEST: CONSENT AGENDA: Public hearing to amend the ACSA Jurisdictional Area to ACTION: INFORMATION: provide water service only to Tax 60A, Section 9, Parcel 20. ATTACHMENTS: Yes STAFF CONTACT(S): REVIEWED BY: Messrs. Tucker, Foley, Cilimberg, Benish BACKGROUND: The applicant, Patricia Flowers, is requesting water service to a two (2) acre parcel zoned RA, Rural Areas and locate in an area designated as Rural Area in the County Land Use Plan (Location Map, Attachment A). This property i currently is in the ACSA Jurisdictional Area, with a designation for "water only to existing structures." There was al existing home on the property that was uninhabited in the early to mid 1980's. The property owner was experiencin! problems with trespassing on the property and vandalism to the home and, as a result, removed the home from thi property (Applicant's Request, Attachment B). At the time the applicant was unaware of the Jurisdictional Are; designation limiting service to that existing structure. Service was never provided to the original structure. The applicar now wishes to locate a new home on the property, but cannot receive water service based upon the currer Jurisdictional Area designation (Jurisdictional Area Map and ACSA Letter, Attachments C & D). Both County and Service Authority Staff are unaware of this situation occurring in the past, so there is no history of prior Board action on this type of request. DISCUSSION: The subject property is located in the designated Rural Area, and not within a Development Area. The Land Use Plai provides the following concerning water service to the Rural Area: General Principle: Utilization of central water and/or sewer systems or extension of the public water or sewer into th, Rural Area is strongly discouraged except in cases where public health or safety is endangered. Recommendation: Only allow changes to the Jurisdictional Areas outside of the designated Development Are, boundaries in cases where property is: (1) adjacent to existing lines;and, (2)public health of safety is endangered. In this particular situation the property is already in the Jurisdictional Area, but for "service only to existing structures" That structure no longer exists so this Jurisdictional Area designation no longer permits service to the property. I appears that this designation was placed on this property when the Board established the Jurisdictional Area process ii the early 1980's. It is Staffs understanding that the "service only to existing structures" designation was intended t recognize certain properties that were located outside the Development Area boundaries, but located adjacent ti existing service lines and that were already developed in a more urban manner. The designation permitted the existin! level of development to have service, but would preclude any additional, or more intensive, development of that propert from receiving public service. However, there is no documentation on file specifically noting the reason why this propert has this designation. Huntwood Townhomes are located on the west side of this property and are served by publi water and sewer. There is no documentation of a health or safety problem with the on-site water source. The applicant has indicated the the taste of the water was always of poor quality. RECOMMENDATION: The property is zoned RA, Rural Areas and is two acres in size and, therefore, cannot be further subdivided. It is nc located in a designated Development Area, so a future rezoning to a more intensive density is unlikely. Staff opinion i that in this particular case, approval of a Jurisdictional Area designation for water service to one structure only would bi consistent with the original Jurisdictional Area designation (providing water service to one residential unit on-site). I would not encourage more intensive development of this property or serve a use which is now inconsistent with thi Comprehensive Plan policies for the Rural Areas. Staff would recommend amending the Jurisdictional Area boundary b provide water service only to one dwelling unit on Tax Map 60A, Section, Parcel 20. Return to exec summary http://www.albemarle.org/upload/images/Forms_Center/Departments/Board_of Superviso... 3/28/2008