Owner/Applicant:                                                       Board Meeting Date:

J. William Gilliam, Applicant                                          January 21, 2003

John W. Mills, Trustee, Owner

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District: Marshall                                     PIN:

Service District: Marshall                                           6969-87-8431-000     

Topic: Consider Rezoning Request #RZ03-M-01 - Carlin W. Mills and Harold E. Mills, owners, and J. William Gilliam, Applicant - JWG, LLC 

Topic Description: 

The applicant proposes to rezone a 1.78-acre parcel located within the Marshall Service District from R-4 (Residential) to C-2 ( Commercial Highway ). The property is located north of I-66 within the southeast quadrant of the intersection of Rt. 17 and Rt. 622. Three major uses are proposed for the site following rezoning: a convenience store/gas station, fast food restaurant, and car wash.

Report Update

At its last meeting, on December 16, 2002 , the Board considered the Planning Commission’s recommendation on this rezoning application.  On November 21, 2002 , the Planning Commission had voted unanimously to recommend denial of RZ03-M-01 based on the applicant’s failure to resolve the following key issues:

  • A Transportation Impact Analysis (TIA) was strongly recommended for this rezoning due to its location and proximity to I-66. The applicant has not provided this analysis.
  • VDOT has indicated that at least a limited study of the adjacent intersection would also be appropriate.
  • The proposed conceptual design calls for one access point to Route 622 and two access points to Route 17. VDOT and staff have concerns about access to Route 17. Based on current information about the existing and projected traffic at and around the site, access to Business Route 17 cannot be permitted as shown. The applicant must provide a traffic study demonstrating why this position can and should be waived.
  • VDOT may require additional right of way dedication along Route 17 as part of site design.
  • The site is across from the proposed “Carter’s Crossing” subdivision, which will be providing a trails component. The development of this site has not addressed the potential for providing a linkage to this system as an alternative access to the proposed facility.
  • The County Soil Scientist characterizes this property as being located on a broad flat ridge that is subject to an intermittent high water table. The soil is expected to have a high shrink/swell potential, low bearing capacity, and a slow percolation rate. These conditions indicate the potential for a relatively high level surface runoff that must be addressed on-site. In order to determine the suitability of soils more accurately, a Type I soil map should be provided as an overlay. This has not been done
  • Surface drainage patterns have not been shown on the Conceptual Development Plan (CDP).
  • Stormwater Management and Best Management Practices (SWM/BMP) are required on this site but not shown on the CDP as required by the Stormwater Management Ordinance.
  • Intermittent high water will make an infiltration system infeasible, thus an appropriate system needs to be shown on the CDP and has been omitted.

·        The proposed facility is a probable high water consumer. The utilization of public water and sewer still must be addressed. Comments on this rezoning have been requested from both the Marshall Water Works and WSA; to date, neither has provided a response.

·        Consistency with the Comprehensive Plan is questionable. The adopted Marshall Service District component of the Comprehensive Plan designates this area for commercial highway use. However, the proposed Marshall Plan update being prepared through the Citizen Planning Committee marks this area for medium density residential use with access via Route 622.

·          No action was taken by Board at December meeting in order to allow time for the Marshall District Supervisor to meet with the applicant to discuss issues raised by the Planning Commission.

Since the Board’s December meeting, the applicant has met with the Marshall District Supervisor and County staff. It was agreed that the applicant and the Supervisor would schedule further discussions with the Marshall District’s Planning Commissioner and members of the Marshall Planning District Citizens Committee. The focus of these future meetings would be to either define acceptable modifications to this rezoning proposal or identify a more beneficial use for the site.

At the time of this report, no further meetings have been scheduled and no additional information has been received from the applicant.