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HomeMy WebLinkAboutZTA201200002 Legacy Document 2012-08-23 (2)COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA- 2012 -00002 Water /Sewer SUBJECT /PROPOSAL /REQUEST: Public Hearing to amend the Zoning Regulations Relating to Private Water and Sewer Systems STAFF CONTACT(S): Messrs Glenn Brooks, County Engineer Greg Kampter, Assistant County Attorney Ron Higgins, Chief of Zoning LEGAL REVIEW: AGENDA DATE: February 28, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Alternative Onsite Sewage System Regulations (12 VAC 5 -613) became effective December 7, 2011. These State regulations, together with improved technologies in drainfields and sewage treatement, made related County Zoning Ordinance sections obsolete. The advanced treatment with an alternative system requires less land area and can utilize soils and locations not previously suitable for conventional septic systems. In addition, the Board's adopted Economic Development Policy has necessitated a re- examination of the requirements for central water and sewer systems, and their associated area requirements. Industrial parcels exist outside the service authority jurisdictional area (SAJA) that can be served by private water and sewer systems under the new Health Department regulations. However, these properties are in a position in which they cannot meet Zoning Ordinance lot area requirements (40,000 square feet per establishment served by one public utility and 60,000 square feet per establishment if no public utility) nor can they qualify for a central system because they are not often designed to serve three or more connections. An example is a 2 acre parcel in Hunters Hall outside the SAJA zoned light industry on which the developer wishes to build a shell building for multiple tenants. The Zoning Ordinance area requirements (Section 4.1) limits the building to one tenant unless it is served by a central system. Because the building represents one connection, it does not qualify as a central system. This "catch -22" situation further emphasizes the arbitrary relationship between the number of establishments and the sewage discharge or water usage. DISCUSSION: This zoning text amendment rewrites section 4.1 "Area and health regulations related to utilities" to incorporate the new definitions and state regulations for alternative onsite sewage systems. Section 4.2 concerning critical slopes and buiding sites is also modified where it references sewage disposal. In addition, ordinance language is amended to clarify, and to clean up definitions and references (Sections 4.7, 5.1.43 and 5.1.44). Section 10.5.2 is amended to update references and omit obsolete sections (Section 10.5.2 (9)). BUDGET IMPACT: No budget impact is anticipated. RECOMMENDATIONS: Staff recommends the Commission recommend approval to the Board of Supervisors. ATTACHMENTS A. Zonina Ordinance text amendment