Board of Supervisors Meeting Date:

Beights Development Corporation, Owner and Applicant


June 14, 2007

Staff Lead:

Melissa Dargis, Assistant Chief of Planning

Community Development


Magisterial District: Marshall
Service District:




Mills Property CPAM05-MA-013 (Comprehensive Plan Amendment); REZN05-MA-018 (Rezoning) and SPPT07-MA-014 (Special Permit)


Topic Description:

Beights Development Corporation is proposing the following applications for consideration:

Comprehensive Plan Amendment:

A request to change the land use designation for approximately 1.78 acres of land in the Marshall Service District from Low Density Residential (1 to 3 units per acre) to Mixed Use.


A request to rezone 1.78 acres from Residential-4 (R-4) to Commercial Highway (C-2) to allow for commercial development.

Special Permit:

A request for a Special Permit to allow for an office greater than 5,000 square feet in size.

Project Information:

On April 26, 2007, the Planning Commission held a public hearing, discussed the proposed requests herein, and then forwarded the applications unanimously to the Board of Supervisors with a recommendation of approval.

The applicant proposes to rezone approximately 1.78 acres from Residential-4 (R-4) to Commercial-2 (C-2) to allow for the construction of a two-story commercial building, with a Special Permit request to allow for an office more than 5,000 square feet in size.  The applicant also wishes to obtain a Comprehensive Plan Amendment to change the existing land use designation of the property from low density residential to mixed use.

The proposed proffers request the following uses at the site:

a)            financial institutions;

b)            office, business, less than 5,000 square feet;

c)            office, business, more than 5,000 square feet; and

d)           office, professional (including medical clinics) less than 5,000 square feet.

Through the proposed Proffer Statement, the applicant also commits: a) to establish an Underground Utilities Fund for the Marshall Service District and a contribution to that fund; and b) to design a building based on architectural renderings provided.


Land Area, Location and Zoning:  

The property is located at the southeast quadrant of the intersection of Winchester Road (Route 17) and Route 622, while the Marshall McDonalds’s is on the northeast corner.  A map shows the parcel outlined and cross-hatched in green.  The colors on the map represent the Comprehensive Plan Land Use designations.



Neighboring Zoning/Land Use:

The property is bounded by C-2 zoning to its north and R-4 to the east, south, and west.


Action Requested of the Board of Supervisors:

Consider adoption of the attached resolution and Ordinance.


Planning Commission Recommendation:

On April 26, 2007 the Planning Commission unanimously recommended approval of these three discrete applications to the Board of Supervisors.


Staff Report:

Comprehensive Plan Amendment:

The parcel is located in the southern quadrant of the Route 17 and Route 622 intersection.  It is the property just south of the McDonalds/BP Convenience Station.  Route 622 eventually extends into the project known as 17/66.  The applicant proposes to change the land use designation of this parcel to Mixed Use to allow for the companion rezoning for commercial development.  The Comprehensive Plan envisions this parcel as Low Density Residential (1 -3 dwelling units per acre), and the current zoning is R-4.

The Marshall Service District Plan, which was adopted in November 2003, outlines goals for the community and its business district, while maintaining the quality of life currently enjoyed by its residents.  Development in keeping with grid patterned layout and architectural and aesthetic guidelines is encouraged in the Plan.  The applicant envisions this corner to become a gateway to the downtown historic corridor of Marshall.  It notes that a proper entrance can add character and establish a sense of place, and calm approaching traffic.

The Marshall Plan designates a substantial area for “Mixed Use.”  This piece was considered though not included within that area designation.  The Marshall Service District went through a significant planning process with a Citizen Committee.  Main Street business development and its relationship with an expanded mixed-use area was carefully considered.  That consideration and rezoning are detailed both in the land use plan and text.  The Board of Supervisors adopted the Plan on November 17, 2003 after public hearings and Planning Commission recommendation.

In the Statement of Justification, the applicant indicates that this project would help further the goals and intent of the Comprehensive Plan.  It notes that by changing this parcel to commercial land it would maintain the area as a service center for the surrounding agricultural community.  The applicant asserts that it would preserve the rural landscape by reinforcing the edges of the village.  The proposed development would create both jobs and provide services for the surrounding residents, according to the applicant.  

Staff Comments:

The Marshall Service District Plan set forth key principles regarding business development and the vitality of its Main Street.  The Plan stated:

“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.”

The adopted Plan did not envision expanding mixed-use any further than that represented on the Future Land Use Plan.  Care was taken to establish a balance and coordination between Main Street redevelopment and the Winchester/Old Stockyard Road areas.  Even an incremental increase, as proposed in this application, is inconsistent with the Strategies to Achieve the Planning Goals for the Marshall Service District regarding 3.b (Main Street) and 3.d (New Mixed-Use and Industrial Areas).  The mixed-use area designated provides potential for over 1.7 million square feet of commercial space, with existing business development in place representing only 29 percent of that total.  There appears to be no need to expand that planned area at this time.


The applicant requests that the parcel be rezoned to Commercial Highway (C-2) to allow for commercial development.  The Statement of Justification further proposes a two story structure to be occupied by a financial institution (with a drive-thru) on the first floor and professional offices on the second floor.  As described, the building materials would be brick with details typical of early American architecture and be sited close to the street.  The applicant indicates that the architecture would help create a visual connection between the southern gateway of Marshall to the historic village center, much of which is listed on both the Virginia Landmarks and National Register. 

The Planning Commission considered the rezoning and determined that the requested uses (from the C-2 zoning district) would be compatible with the adjacent mixed-use and residential areas.  Typically, the C-2 district (Highway Commercial) is not a compatible zoning category with mixed-use, as designated within the approved Comprehensive Plan, unless the uses are proffered out.  The C-1 and the Planned Development Mixed-Use districts are more preferred due to the uses permitted and scale of development allowed.



Summary and Recommendations:

The Board of Supervisors must make determination as to whether the following requests have been justified to approve a) Comprehensive Plan Amendment request to change the land use designation for approximately ±1.78 acres of land in the Marshall Service District from Low Density Residential (1 to 3 units per acre) to Mixed Use; b) the rezoning from Residential-4 (R-4) to Commercial Highway (C-2) to allow for commercial development; and c) a Special Permit to allow for an office greater than 5,000 square feet in size. 

Included for Board of Supervisors consideration is an ordinance adopting the proffered rezoning as well as a resolution for approving the amendment to the Marshall Service District’s Land Use Plan and Special Permit condition for an office use in excess of 5,000 square feet in size.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Community Development

Virginia Department of Transportation


1.      Proffers & Architectural Plan

2.      Concept Development Plan

3.      Statements of Justification


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