PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                                       Board Meeting Date:

J. William Gilliam, Applicant                                          December 16, 2002

John W. Mills, Trustee, Owner

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District: Marshall

Service District: Marshall

Topic:                                                                          PIN:

Rezoning RZ03-M-01, J. William Gilliam,                     6969-87-8431-000

(Applicant), John W. Mills, Trustee, (Owner)                                                    

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.

Action Requested of the Board of Supervisors:

Conduct a public hearing and take action on RZ03-M-01. The Planning Commission has recommended denial of this rezoning for the reasons listed herein.

Departments, Organizations or Individuals affected by this request:

  • Community Development
  • VDOT
  • WSA
  • Marshall Water Works

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below.

Comprehensive Plan

The subject property is located in the Marshall Service District. The proposed commercial highway use is consistent with the current planned land use for that area.

Water and Sewer

Although located in the Marshall Service District where public water and sewer are planned utilities, the applicant has provided no information on the actual availability of either. Given that the proposed use appears to be a high volume water consumer, the availability of public water and sewer is critical to the ultimate development of the site. In addition, the applicant may need to provide more information on the design and water utilization of the restaurant and car wash components of the proposed development.

Transportation

The applicant has submitted a conceptual design plan that calls for one access point to Route 622 and two access points to Route 17. Both VDOT and County staff have expressed concerns about access to Route 17, specifically whether two or even one access point should be allowed. While a Transportation Impact Analysis (TIA) was recommended for this rezoning, the applicant has not provided this study and VDOT has indicated that a more limited study of the adjacent intersection would be appropriate.

However, in addition to a level of service analysis, the intersection study should also address several other points:  the need for and adequacy of the proposed Route 17 access points, the separation and sight distances of these access points, and the need for signalization at the adjacent intersection. If signalization is expected to be required in the foreseeable future, a determination should be made as to what contribution the applicant should make to defray this cost.

The subject site is across from the proposed “Carter’s Crossing” subdivision, which will be providing a trails component. The Parks and Recreation Department has requested that the proposed development of the subject site address the potential for providing a linkage to this system as an alternative access to the proposed facilities. Finally, a determination needs to be made regarding whether VDOT may require an additional right of way dedication and what effect this might have on the proposed use of the site.

Environmental Review

The County Soil Scientist has characterized 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. While surface drainage patterns have not been shown on the Conceptual Development Plan, the identified conditions and the proposed development of the site indicate the potential for a high level surface runoff that must be addressed on-site using Storm Water Management and Best Management Practices (SWM/BMP). Given the flat topography, poor soils, and intermittent high water table, certain methods, infiltration for example, may be difficult to implement requiring more costly measures. Given the proposed uses, an oil, grease, and grit separator may be required upstream from SWM/BMP. This feature should be addressed on the final site plan. The quality of the information provided by the applicant makes it difficult to determine the suitability of soils more accurately.  A Type I soil map should be provided as an overlay.

Summary and Planning Commission Recommendation

At its meeting on October 24, 2002 , the Planning Commission agreed to defer action on this rezoning for 30 days at the applicants request. The purpose of the deferral was to allow the applicant more time to respond to the Planning Commission’s request for additional information. That request included:

·         Traffic Impact Analysis including a Level of Service Analysis

·         Architectural Renderings or Sketches on proposed building design

·         A Type I Soil Analysis

·         A Stormwater Management Analysis

·         A detailed study of water usage

·         Letters from WSA and Marshal Water Works

·         A plan for on-site trails including proposed connections to Carter’s Crossing

When the Planning Commission reconsidered this application at its November 21, 2002 meeting, the applicant had yet to provide any of the additional information requested by the Planning Commission, or to request an additional deferral by the Planning Commission.

At that meeting, the Planning Commission 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.

Attachments:

1.      Board of Supervisors Resolution to Deny RZ03-M-01