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HomeMy WebLinkAboutZTA200900004 Legacy Document 2009-04-27COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Flood Hazard Overlay District: ZTA 2009 -004 SUBJECT /PROPOSAL /REQUEST: Amend the Zoning Ordinance to make Rivanna Water and Sewer Authority's water and sewer lines a by right use within the Flood Hazard Overlay District STAFF CONTACT(S): Graham, McCulley, Kamptner LEGAL REVIEW: AGENDA DATE: May 5, 2009 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In reviewing a plan for the upgrade to the Meadowcreek Sewer Interceptor, staff found that water and sewer lines owned and operated by the Rivanna Water and Sewer Authority (RWSA) are not a by right use within the Flood Hazard Overlay District. Staff also found that RWSA's water and sewer lines are a by right use within all zoning districts outside of the Flood Hazard Overlay District and that water or sewer lines owned and operated by the Albemarle County Service Authority (ACSA) are a by right use within the Flood Hazard Overlay District. Staff proposed a Resolution of Intent to amend the Zoning Ordinance to treat water and sewer lines owned and operated by Rivanna Water and Sewer Authority the same as those owned and operated by the Albemarle County Service Authority with respect to the Flood Hazard Overlay District. The County Board approved this Resolution of Intent on April 1, 2009, directing staff and the Planning Commission to expedite the processing of this ordinance amendment. STRATEGIC PLAN: Goal 3: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs DISCUSSION: Given that the Zoning Ordinance specifically includes RWSA water and sewer lines as a by right use in all other zoning districts and that ACSA water and sewer lines are a by right use in the Flood Hazard Overlay District, staff believes it was an oversight that RWSA lines were not also made a by right use of the Flood Hazard Overlay District. In addition, staff believes that the County has an interest in the Meadow Creek Sewer Interceptor upgrade, as the Interceptor is currently over capacity and sewage spills could occur as a result. This project will likely be delayed without this ordinance amendment. Thus, staff proposed to expedite the processing of this Zoning Text Amendment with the goal of having it heard by the Planning Commission on May 5th and the Board on May 13th. Finally, staff notes that as RWSA owns and operates transmission lines rather than distribution lines, RWSA water or sewer line projects are subject to a finding of consistency with the Comprehensive Plan. This assures the County has the opportunity to review a RWSA project and assure it is consistent with the purpose and intent of the County's Comprehensive Plan even if those lines are considered a by -right use. BUDGET IMPACT: No direct budget impact will result from this ordinance amendment. There is the potential of lost tax revenue if development projects are delayed as a result of inadequate water or sewer lines. RECOMMENDATIONS: Staff recommends that the Planning Commission recommend approval of attached Zoning Text Amendment. Staff has scheduled this to be heard by the County Board on May 13, 2009. Attachment A — Zoning Text Amendment, ZTA 2009 -004 ORDINANCE NO. 09 -18(4) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I11, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 30.3.05.1.1 By right within the floodway Chapter 18. Zoning Article III. District Regulations Sec. 30.3.05.1.1 By right within the floodway The following uses or activities are authorized within the floodway as a matter of right: 1. Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing, livestock, raising poultry, horticulture, viticulture and forestry. 2. Recreational uses (excluding structures of any kind and uses involving human habitation) such as parks; swimming areas, golf courses and driving ranges; picnic grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds. Flood warning aids and devices, water monitoring devices and the like. 4. Fences. 5. Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility, but excluding tower structures. (Added 7 -1- 81) (Amended 5- 12 -93) 6. Water distribution and sewage collection lines and appurtenances owned and operated by the Albemarle County Service Authority, but excluding pumping stations and holding ponds;�ublic water and sewer transmission lines, main or trunk lines, and interceptors, but excluding treatment facilities and pumping stations, owned and/or operated by the Rivanna Water and Sewer Authority (reference 5.1.12. 30.3.03.1.31.2.5). (Added 7 -1 -81) 7. If paragraphs (a) through (d) are each satisfied, projects which: (i) are designed or directed by the county, a soil and water conservation district, or a public agency authorized to carry out flood control or environmental restoration measures; or (ii) are reviewed and approved by the department of engineering and public works in accordance with the water protection ordinance. a. The purpose which will be served by the project, as determined by the department of engineering and public works, is either flood control or environmental restoration; b. The amount of fill material placed within the floodway, floodway fringe or approximated flood plain does not exceed the amount of cut material removed from the same floodway, floodway fringe or approximated flood plain in which the fill was placed; c. No natural streams will be relocated; and d. The project will use natural materials such as rock and vegetation, and will not use engineered structures such as those identified in section 30.3.05.2.1(5). 8. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (Ord. 98- 18(2); 9- 16 -98; Ord. 04- 18(2), 10- 13 -04) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Ave Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors