HomeMy WebLinkAboutSP200800033 Staff Report 2008-11-04COUNTY OF ALBEMARLE STAFF REPORT SUMMARY
Project Name:
Staff: Scott Clark
SP 2008-00033 Shadwell Market
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
November 11, 2008
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
Conditions: No
Location: Intersection of Richmond Road
(US 250) and Louisa Road (Route 22).
Existing Zoning and By -right use: C-1
Magisterial District: Rivanna
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
Requested # of Dwelling Units: N/A
DA RA X
Proposal: Use of more than 400 gallons of
Comprehensive Plan Designation: RA -
groundwater per site -acre per day for
Rural Areas: preserve and protect
convenience store.
agricultural, forestal, open space, and natural,
historic and scenic resources/ density (.5 unit/
acre)
Character of Property: This property is a
Use of Surrounding Properties:
small, cleared site used for a long-established
Surrounding properties include a quarry, a
gas station and convenience store.
railroad, commercial uses, and the planned
site of a church.
Factors Favorable:
Factors Unfavorable:
1. The requested level of water use would
1. MTBE contamination has been found
not affect the water supply of nearby
at a nearby site. However, it is not
properties.
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.
2
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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