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Project
Information:
Middleburg
Bank currently has a small office in Marshall located across
the street from this proposed location. They are interested
in expanding their business while remaining in Marshall.
This proposal includes demolishing the existing buildings
and constructing a new two-story 5,950 square foot bank with
a drive-through facility. The bank is allowed by-right in
the Commercial - Neighborhood (C-1) Zoning District;
however, the drive-through facility requires Special
Exception approval. The applicant is proposing two (2)
drive-through lanes for the bank. The drive-throughs are
proposed on the side of the building adjacent to the
existing IGA grocery store parking lot. The applicant is
proposing drive-through lanes that would be covered with a
canopy and be placed as far back on the side of the building
as possible with the intent of blocking the view of them
from Main Street and allowing for adequate stacking spaces
both for the drive- through and for vehicles exiting onto
Main Street.
In order to
develop the site as proposed, five modification or waiver
requests are being processed concurrently with the Special
Exception request. These requests will allow the site to be
developed as a traditional townscape in accord with the
Comprehensive Plan and in a manner consistent with the
existing buildings fronting Main Street. Details of these
waiver/modification requests are provided in the Staff
Analysis section of the staff report.
The
applicant has worked with staff and various members of the
Planning Commission and Board of Supervisors to develop
acceptable language for a condition of development
addressing future ingress/egress between Frost Street and
the IGA property in the form of a future public alley. This
language has been included in condition number 22 for the
Board of Supervisors’ consideration. In addition, the
Special Exception plat has been revised since originally
submitted, to allow right-out or left-out exits onto Main
Street. The Special Exception plat is included as
Attachment 2.
Location,
Zoning and Current Land Use:
The property
is located at the intersection of West Main Street (Route
55) and Frost Street (Route 1003) in Marshall. The site is
zoned Commercial-Neighborhood (C-1). The subject site is
occupied by a 5,900 square foot stucco building which houses
a carpet store and an 828 square foot tire shop housed in a
block building.
Surrounding Zoning and Current Land Use:
The
surrounding property is zoned Commercial – Neighborhood
(C-1) with the exception of three parcels to the northwest
zoned Residential (R-4). There is an existing bank (PNC) and
parking area to the northeast across Frost Street, an
existing grocery store (IGA) to the northwest with other
commercial and residential structures across Main Street to
the south of the project.
Comprehensive Plan/Land Use:
The
Comprehensive Plan designates this area as Mixed Use. The
Marshall Service District Plan developed by a local
citizen’s committee and adopted by the Board of Supervisors
in 2003 states the desire is for “Main Street to fill in and
prosper with more shops and businesses.”
The Marshall
Service District Plan sets forth key principles regarding
business development and the vitality of its Main Street.
The Plan states: “The community has determined that new
development should be focused in and around the village
core, along Main Street, and that all new development should
serve to reinforce the vitality of Main Street, rather than
compete with it or undermine it. Thus, the core of Marshall
will continue to serve as the market center and economic
engine of surrounding agricultural and rural residential
area, and to serve as a central meeting place for local
residents, employees, and visitors.”
Some of the
key goals for the Marshall Service District are as follows:
·
Revitalize Main Street as the core element of
Marshall with shops, apartments, businesses and other
commercial enterprises thriving in the historic downtown.
·
Maintain and enhance the existing traditional
grid pattern of streets; maintain and expand neighborhood
interconnections as new development occurs.
·
Provide tree-lined streets and a network of
sidewalks, trails and bike paths that link residential
neighborhoods with Main Street, other commercial and
employment centers, and public facilities within and
adjacent to the community.
·
Maintain and enhance the pedestrian friendly
nature of Marshall with a human-scale streetscape and
architecture.
·
Provide adequate parking, including on-street
parallel parking to help calm traffic, as well as adequate
off-street parking near Main Street.
The Marshall
Service District Plan includes Urban Design Principles that
specifically encourage “minimal front setbacks, with
coherent yet informal streetscape design,” while
specifically discouraging “deep front setbacks of
buildings.” The Design Guidelines for Streetscapes as
outlined in the Comprehensive Plan envision minimal or no
setback from the street, buildings a minimum of two stories,
buildings to enclose the street, landscaping to screen
parking, with openings and façades of traditional materials
with window and door openings.
Land Use Map
Transportation:
The
applicant provided a preliminary traffic assessment prepared
by Wells and Associates, dated November 12, 2008, included
as Attachment 4. The proposed new bank would
continue to use the full-movement access on Frost Street,
but the access on Main Street would be modified to an exit
from the drive-through lanes only. The proposed new
drive-through bank would be expected to generate
approximately 106 AM peak hour trips, 165 PM peak hour trips
and 759 average daily trips upon completion and full
operation. These numbers are well under the required 250
peak hour trips which trigger a Traffic Impact Analysis.
Special
Exception and Waiver/Modification Analysis:
Special Exception for Drive-Through Facilities for Bank
(§3-313.11)
In addition to the special standards set forth hereinafter for
specific uses, all special permit and special exception uses
shall also satisfy the following general standards:
1.
The proposed
use shall be such that it will not adversely affect the use
or development of neighboring properties. It shall be in
accordance with the applicable zoning district regulations
and the applicable provisions of the adopted Comprehensive
Plan. The location, size and height of buildings,
structures, walls and fences, and the nature and extent of
screening, buffering and landscaping shall be such that the
use will not hinder or discourage the appropriate
development and/or use of adjacent or nearby land and/or
buildings or impair the value thereof.
The drive-through is being
proposed in a commercially zoned area on Main Street in
Marshall which is designated as Mixed-Use within the
Marshall Service District. The proposed building will be
two-story. The proposal addresses the streetscape along
West Main Street with new sidewalks and landscaping as well
as a streetscape along Frost Street to include addition of
curb, gutter, sidewalk, landscaping, and on-street parking
spaces. The proposed entrance to the bank is at the
intersection. Low lying shrubs will be planted along the
property line to mask the line of cars in the drive-through
from those traveling east. The proposal does not appear to
adversely affect the use or development of neighboring
properties.
2. The proposed use shall
be such that pedestrian and vehicular traffic generated will
not be hazardous or conflict with the existing and
anticipated traffic in the neighborhood and on the streets
serving the site.
While it is a challenge to
site a drive-through in a pedestrian friendly “Main Street”
environment, this proposal does so successfully. The
proposed use will have a full service entrance onto Frost
Street, and an exit only from the drive-through onto West
Main Street. Based on the analysis prepared by Wells and
Associates it appears the use would be expected to generate
approximately 106 AM peak hour and 165 PM peak hour trips
which is considerably less than the 250 peak hour trips that
trigger a Chapter 527 traffic impact analysis.
3.
In addition to
the standards which may be set forth in this Article for a
particular category or use, the BZA and Board may require
landscaping, screening, yard requirements or other
limitations found to be necessary and appropriate to the
proposed use and location.
The applicant is seeking
several modifications of landscaping requirements in order
to develop the site in a compatible nature with the
surrounding area and in accord with the design principles
outlined in the Marshall Service District Plan. In
addition, further design conditions have been suggested by
staff.
4.
Open space
shall be provided in an amount at least equal to that
specified for the zoning district in which the proposed use
is located.
There is no open space
requirement.
5.
Adequate
utility, drainage, parking, loading, and other necessary
facilities to serve the proposed use shall be provided. Low
impact development techniques are encouraged by the County
and shall be incorporated into the site and facility design
when deemed appropriate by the applicant after consultation
with appropriate county officials. Parking and loading
requirements shall be in accordance with the provisions of
Article 7.
The building will be
served with existing water and sewer connections. Drainage,
parking and loading will be discussed during the site plan
process. Parking modifications and cooperative parking
agreements are being sought by the applicant and are
discussed in more detail later within the staff report.
6.
Signs shall be
regulated by the provisions of Article 8, except as may be
qualified in the parts that follow for a particular category
or use. However, the BZA and the Board, under the authority
presented in Section 007 below, may impose more strict
standards for a given use than those set forth in this
Ordinance.
A condition related to
signage has been drafted. A copy of the proposed signage
package is included as Attachment 5. These will be reviewed
during the site plan process.
7.
The future
impact of a proposed use will be considered and addressed in
establishing a time limit on the permit, if deemed
appropriate. Existing and recent development, current
zoning, and the Comprehensive Plan shall be among the
factors used in assessing the future impact of the proposed
use and whether reconsideration of the permit after a stated
period of time would be necessary and appropriate for the
protection of properties in the vicinity and to ensure
implementation of the Comprehensive Plan.
The applicant is
requesting no time limit restriction on the drive-through.
The bank is allowed by-right.
8. The proposed use shall
be such that air quality, surface and groundwater quality
and quantity, are not degraded or depleted to an extent that
would hinder or discourage the appropriate development
and/or use of adjacent or nearby land and/or buildings or
impair the value thereof.
The applicant will satisfy
all applicable Ordinance requirements as it relates to
surface run-off, Stormwater Management (SWM) and Best
Management Practices (BMP’s).
9. Except as provided in
this Article, all uses shall comply with the lot size, bulk
regulations, and performance standards of the zoning
district in which located.
The two lots will be required to consolidate prior to site plan
approval and as such will meet the lot requirements of the
C-1 zoning district as outlined in the Zoning Ordinance. A
front setback modification is requested as part of the
proposal.
BOS Waiver to allow vehicular access
to higher standard street (§2-410.A)
A. Where a lot has frontage on two or more streets,
vehicular access shall not be permitted to the higher
standard street unless the County approves a waiver to allow
the access on the higher standard street as necessary to
improve public safety. The waiver shall be granted by the
Director in conjunction with site plans; by the Planning
Commission in conjunction with Preliminary Plats and other
Divisions; and the Board of Supervisors in conjunction with
Special Exceptions and Rezonings.
The
applicant is requesting a waiver of this standard,
permitting direct access to Main Street which will be an
exit only for the drive-through. There will not be an
entrance on Main Street. This will improve vehicular flow
on the site while still maintaining a safe, direct exit onto
Main Street.
BOS Waiver to reduce front setbacks
(§3-400.16)
16. A reduction in the front yard setback for commercial
buildings may be approved by the Zoning Administrator in
conjunction with site plan review and approval, by the Board
of Supervisors when approving a Special Exception, or the
Board of Zoning Appeals when approving a Special Permit
provided that the approving authority finds that:
A. the setback provided is consistent with older,
established buildings in the immediate area;
B. the setback is consistent with any design guidelines or
requirements established by the Comprehensive Plan, if any
such guidelines or requirements exist;
C. sufficient area is provided to accommodate construction
requirements, including drainage; and
D. sufficient area is provided to accommodate a full
streetscape along the street, to include sidewalks and
street trees, where appropriate.
The applicant is requesting a modification of the front
yard setback along Main Street and along Frost Street. The
applicant is proposing the bank to be located between five
and 10 feet from the existing right-of-way line along Main
Street and between eight and 10 feet from the right-of-way
line along Frost Street. The applicant is requesting a
range because the proposed streetscape along Main Street has
not yet been finalized by the Marshall Citizen’s Committee
or adopted by the Board of Supervisors. The setbacks above
will allow for the widening of the sidewalk to 10 feet and
allow for construction without impacting the bank building.
Given that the Marshall Plan calls for minimal front
building setbacks and that many commercial buildings along
Main Street have zero setback, staff would recommend a
reduction in the setback to zero feet along both Main Street
and Frost Street.
BOS Waiver to allow off-site parking
(§7-102.1)
1. All required off-street parking spaces shall be located
on the same lot as the structure or use to which they are
accessory or on a lot contiguous thereto which has the same
zoning classification and is under the same ownership
provided that where there are practical difficulties or if
the public safety and/or public convenience would be better
served by a location other than on the same lot or a
contiguous lot, the Board, acting upon a specific
application, may authorize such alternative location subject
to the following conditions:
A. Such required space shall be located on land in the same
ownership as that land on which the use to which such space
is accessory or, in the case of the cooperative provision of
parking spaces, as provided in Paragraph 3 below, in the
ownership of at least one of the participants in the
combination, and
B. Such required space shall be located within 500 feet walking
distance of a building entrance to the use that such space
serves.
The
applicant has requested a Board waiver to allow parking to
be provided off-site on property under different ownership
than the Bank property. The Bank property and proposed
parking property are currently under the same ownership; the
waiver is sought to allow the sale of the Bank property to
Middleburg Bank.
The Board
must find that “there are practical difficulties or if the
public safety and/or public convenience would be better
served” by an alternative arrangement and further provided
that arrangements have been made “that will assure the
permanent availability of such spaces” to the satisfaction
of the Board.
The size of the bank parcels precludes the applicant’s ability to
provide the required financial institution parking as
outlined in Section 7-104.7 of the Zoning Ordinance. The
bank was initially designed as a one-story structure.
However, after numerous conversations with staff and the
Marshall District Commissioner and Supervisor, the bank is
now proposed as a two-story structure. If the bank were to
remain one-story, the parking requirement could be
accommodated with on-site parking as well as with the
additional parking spaces created along Frost Street. The
second floor will eventually be used for bank business and
will not be leased to outside tenants. The cooperative
parking agreement appears to be warranted.
BOS Waiver to allow cooperative
parking for 2 uses (§7-102.3)
3. Required off-street parking spaces may be provided
cooperatively for two or more uses, subject to arrangements
that will assure the permanent availability of such spaces
to the satisfaction of the Board. The amount of such
combined space shall equal the sum of the amounts required
for the separate uses, provided, however, that the Board may
reduce the total number of parking spaces required by strict
application of said requirements when it can be determined
the same spaces may adequately serve two or more uses by
reason of the hours
of operation of such uses.
See analysis above and below for cooperative parking.
Zoning Administrator Waiver to
reduce amount of parking (§7-102.18)
18. When an applicant can demonstrate through its records,
technical studies, shared parking agreements, or other
probative evidence, that the parking requirements of this
Article are in excess of what is reasonably necessary, the
Director shall determine the number of spaces to be
provided. Appeals of the Director’s decision shall be taken
to the Planning Commission which will have the final
decision making authority.
The
applicant has proposed to cooperatively park the proposed
bank with the neighboring grocery store. The applicant has
requested the Board approve a reduction in the number of
parking spaces to be shared by the IGA and the bank from the
required 115 to 59 plus 5 on-street parking spaces. The
Zoning Ordinance establishes that the Director, not the
Board, has the authority for this parking waiver. The
reduction is allowed where the Director finds that the
number required is in excess of what is reasonably
necessary. The applicant provided a very detailed analysis
on parking in their Statement of Justification. Staff has
evaluated the proposed reduction in parking spaces and
concurs that it should be adequate for the proposed uses,
and the waiver in total number of spaces will be approved
for both parcels provided that a parking agreement assuring
the long-term sharing of spaces between the IGA and the bank
is provided prior to site plan approval. The Director
concurs.
Zoning Administrator Waiver to
reduce landscape buffer yards (§7-604.4)
4.
Buffer yard requirements may be waived or modified by the
Zoning Administrator in the following circumstances. The
Zoning Administrator may attach conditions to any waiver or
modification in order to assure that the results of the
waiver or modification will be in accord with the intent of
this ordinance.
a. Where the strict provisions of this section would
reduce the usable area of a lot configuration or size to a
point which would preclude a reasonable use of the lot,
buffer yards may be waived, reduced and/or modified by the
Zoning Administrator, upon showing that the building and/or
yard has been designed to minimize adverse impact through a
combination of architectural, landscape and/or other design
techniques; or
b. The Zoning Administrator may waive, reduce and/or
modify buffer yard requirements:
(1) If the topography of the lot providing the buffer yard
and the lot being protected is such that the required buffer
yard would not be effective; or
(2) For any public use when it has been specifically
designed to minimize adverse impacts on adjacent
properties; or
(3) When a land use is proposed adjacent to a lake, pond,
wetland, or other natural area, which is to remain
undeveloped, and which is at least 300 feet in width; or
c. The Zoning Administrator may waive, reduce and/or modify
buffer yard requirements in RA and RC districts when, in the
opinion of the Zoning Administrator, reasons or factors for
employing buffers are not present; or
d. In cases where similar uses adjoin each other, the Zoning
Administrator may approve a reduction in the buffer
requirements between such similar uses. As appropriate and
reasonable, the Zoning Administrator may require increased
landscaping elsewhere on the site. The increased
landscaping shall be focused in areas adjacent to
potentially conflicting land uses, if such exist; or
e. The Zoning Administrator may waive, reduce and/or
modify buffer/landscaping
requirements for commercial property where such
property abuts recorded open space when, in the opinion of
the Zoning Administrator, reasons or factors for employing
buffers are not present. However, the Zoning Administrator
shall not make any decision under this subsection until
twenty-one days after written notice to all adjoining
property owners of the open space advising them of the
request to reduce and/or modify such buffer/landscaping
requirements. As appropriate and reasonable, the Zoning
Administrator may require increased landscaping elsewhere on
the site.
Section 7-102.18 of the Zoning Ordinance allows the
Zoning Administrator the authority to waive/modify buffer
yard requirements. Conceptually, staff agrees that buffer
reductions are warranted in this case and that the overall
site layout and design has been done in a manner that meets
the requirements for allowing a modification. By utilizing
a streetscape, including landscaping within the
right-of-way, in lieu of a traditional front buffer, and
shrubs to screen parking and drive-aisles, the proposed site
layout appears to meet the criteria outlined in the Zoning
Ordinance.
Historic
Resources:
Marshall is the second oldest “town” in Fauquier County.
The two parcels along Main Street are located within the
Marshall National Register Historic District although none
of the structures on this site are a contributing historic
resource.
Staff and
Review Agency Comments:
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