COUNTY OF ALBEMARLE STAFF REPORT SUMMARY

 

Project Name: 

SP 2008-00033 Shadwell Market

Staff:  Scott Clark

Planning Commission Public Hearing:  November 11, 2008

Board of Supervisors Public Hearing: December 3, 2008

Owners: Lloyd Wood, Jr.

Applicant: Lloyd Wood, Jr.

Acreage:  1.18 acres

Special Use Permit for: Groundwater use over 400 gallons per site-acre per day on C-1 zoned property not served by public water.

TMP:  Tax Map 79 Parcel 10

Location: Intersection of Richmond Road (US 250) and Louisa Road (Route 22).

Conditions: No

Existing Zoning and By-right use:  C-1 Commercial - retail sales and service uses; and residential use by special use permit (15 units/ acre); EC Entrance Corridor - Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access

Magisterial District: Rivanna

Requested # of Dwelling Units:  N/A

DA                               RA   X

Proposal:  Use of more than 400 gallons of groundwater per site-acre per day for convenience store.

Comprehensive Plan Designation:  RA - Rural Areas: preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre)

Character of Property:  This property is a small, cleared site used for a long-established gas station and convenience store.

Use of Surrounding Properties:  Surrounding properties include a quarry, a railroad, commercial uses, and the planned site of a church.

Factors Favorable:

1.      The requested level of water use would not affect the water supply of nearby properties.

Factors Unfavorable:

1.      MTBE contamination has been found at a nearby site. However, it is not expected that the requested water use would lead to contamination on this site. If it did occur, MTBE can be easily detected and filtered out of the water.

RECOMMENDATION: Staff recommends approval of SP 2008-00033.

 

 

 

Petition: 

 

PROPOSED: Use of more than 400 gallons of groundwater per site-acre per day for convenience store.

ZONING CATEGORY/GENERAL USAGE: C-1 Commercial - retail sales and service uses; and residential use by special use permit (15 units/ acre); EC Entrance Corridor - Overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access

SECTION: 22.2.2.11, Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes.

COMPREHENSIVE PLAN LAND USE/DENSITY:  Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5  unit/ acre in development lots)

ENTRANCE CORRIDOR: Yes

LOCATION: Intersection of US 250 (Richmond Road) and Route 22/231

TAX MAP/PARCEL: Tax Map 79 Parcel 9

MAGISTERIAL DISTRICT: Scottsville

 

Character of the Area:

The immediate surroundings include commercial and highway-related uses, a railroad, and the Luck Stone quarry. However, to the north (across I-64) the area is characterized by large rural estates along the Southwest Mountains.

 

Specifics of the Proposal:

Section 22.2.2.11 of the Zoning Ordinance requires uses in the C-1 zoning district that are not served by public water to obtain a special use permit if they use more than 400 gallons per site-acre per day. As this site is expected to use approximately 1,000 gallons per day (estimate based on septic-output numbers from the Virginia Department of Health), but is located on a very small site, this requirement must be met.

 

The water would be used for a gas station and convenience store with food service. This is a by-right use in the C-1 district, and the site is currently being redeveloped with a new store that will replace the long-stranding store on the site.

 

This request is only for the water usage, and not for the store use—the store itself is a by-right use in the C-1 zoning district.

 

Planning and Zoning History:

 

ZMA 2002-00009: On November 6, 2002, the Board of Supervisors approved this rezoning, which only affected the portion of the property located south of US 250. The northern portion had always had commercial zoning, but the southern portion was rezoned by the County during the 1980 comprehensive rezoning. This made it impossible to use the southern portion for C-1 related impacts, including the septic field for the store. Approval of this rezoning applied C-1 zoning to the entire property.

 

SDP 2007-00155: This final site plan for the redevelopment of the store on this site is still under review, pending a decision on this special use permit request. The site plan would permit redevelopment of the site and would accommodate planned safety improvement to the VA 22/US 250 intersection.

 

Conformity with the Comprehensive Plan:

The Comprehensive Plan designates the site as Rural Areas, emphasizing the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources. However, the C-1 zoning of this property recognizes the established commercial nature of the site.

 

The character of the surrounding area is unusual, as it contains LI Light Industrial, HC Highway Commercial, and NR Natural Resource Overlay zoning within areas designated as Rural Areas in the Comprehensive Plan.

 

STAFF COMMENT:

 

Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.

 

31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property,

 

The Groundwater Manager has made the following review of the proposed water useage:

 

The well completion report for the well on TMP 79 - 9 shows a yield of 15 gallons per minute.  At that rate, the 1,000 gallons per day maximum use estimated by the Virginia Department of Health would represent only 6.5% of the flow over the 17 hours per day the present store operates.  There is ample water to support the planned use.  The small percentage of the groundwater flow that the store will require would most likely neither effect the speed and direction of the flow, nor the quantity of water available to the neighbors. 

 

Therefore no substantial detriment to adjacent property is expected.

 

that the character of the district will not be changed thereby and

 

No change to the character of the area would occur. The site would continue to be a highway-related commercial use.

 

and with the public health, safety and general welfare.

 

The only known public-health issue on this site is the existence of a methyl tertiary butyl ether (“MTBE”) contamination in the soil of the former GOCO oil site across the railroad tracks from this use. MTBE is a fuel oxygenate that is added to gasoline to help reduce air pollution. The federal Environmental Protection Agency (EPA) reviewed available health effects information on MTBE in its 1997 Drinking Water Advisory guidance and decided that there was insufficient information available to allow EPA to establish quantitative estimates for health risks and as such would not set health advisory limits. Therefore, while MTBE is of potential health concern, it is currently an unregulated substance.

 

No contamination has been found in the Shadwell Market well, and the Groundwater Manager’s review cited above states that the level of use is not sufficient to significantly change the flow of groundwater in the area. Therefore, it is not expected that the nearby contamination will cause any health risks on this site. Most concerns with MTBE arise due to the unpleasant taste it causes in water. Staff discussions with the Virginia Department of Health’s Drinking Water division found that MTBE would be detected by water users even at levels below health concern, and could then be removed by various EPA-approved filtration methods. Filters are placed on the water line from the well by the landowner.

 

SUMMARY:

 

Staff has identified the following factor favorable to this application:

 

1.       The requested level of water use would not affect the water supply of nearby properties.

 

Staff has identified the following factor unfavorable to this application:

 

1.       MTBE contamination has been found at a nearby site. However, it is not expected that the requested water use would lead to contamination on this site. If it did occur, MTBE can be easily detected and filtered out of the water.

 

RECOMMENDED ACTION: 

Based on the findings contained in this staff report, staff recommends approval of SP 2008-00033 Shadwell Market.

 

ATTACHMENTS

Attachment A – Area Map

Attachment B – Detail Map

 

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