HomeMy WebLinkAboutZTA200900004 Legacy Document 2009-05-11COUNTY 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):
Messrs. Tucker, Foley, Davis, Graham,
and Ms. McCulley
LEGAL REVIEW: Yes
AGENDA DATE:
May 13, 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
allowed by right or by special use permit in the Flood Hazard Overlay District. However, water
and sewer lines owned and operated by the Albemarle County Service Authority (ACSA) are a by
right use in the Flood Hazard Overlay District. Staff also found that RWSA's water and sewer
lines are a by -right use in all zoning districts outside of 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 in the Flood Hazard Overlay District. The
purpose of today's public hearing is to consider a zoning text amendment pursuant to the
Resolution of Intent.
STRATEGIC PLAN:
Goal 3: Develop Policies and Infrastructure Improvements to Address the County's Growing
Needs
DISCUSSION:
Because the Zoning Ordinance specifically includes RWSA water and sewer lines as a by right
use in all zoning districts except the Hazard Overlay District and ACSA water and sewer lines are
allowed by right in the Flood Hazard Overlay District, staff believes it was an oversight that RWSA
lines were not also allowed by right in the Flood Hazard Overlay District. The Meadow Creek
Sewer Interceptor upgrade is not permitted without this ordinance amendment. To avoid further
delay to this project, staff proposed to expedite the processing of this zoning text amendment with
the goal of having it heard by the Planning Commission on May 51" and the Board on May 131"
Finally, staff notes that because RWSA owns and operates transmission lines rather than
distribution lines, RWSA water or sewer line projects not already shown on the Comprehensive
Plan are subject to a finding of being in substantial accord with the Comprehensive Plan. This
assures that the County has an opportunity to review RWSA projects and assure they are
consistent with the purpose and intent of the County's Comprehensive Plan, even if permitted as
a by -right use.
Due to the Planning Commission's public hearing being scheduled for May 5t ", it is not possible to
include a summary of the Planning Commission discussion with this executive summary. Staff
anticipates that information will be provided to Board members under separate cover, but it may
not be possible to have the information in advance of the public hearing. Any Planning
Commission concerns will be noted during the presentation at the public hearing.
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:
After conducting a public hearing, staff recommends that the Board adopt the attached zoning
text amendment for the Flood Hazard Overlay District.
ATTACHMENTS:
A — Zoning Text Amendment, ZTA 2009 -004
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