COUNTY OF ALBEMARLE STAFF REPORT SUMMARY

Project Name: SP 2009-34 Re-Store 'N Station Staff: Summer Frederick, Senior Planner; Glenn
Brooks, County Engineer
Planning Commission Public Hearing: June 8, Board of Supervisors Public Hearing:,SD
2010
Owners: Jeffries II, LLC Applicant: Jo Higgins
Special Use Permit for: Uses permitted by right,
not served by public water, involving water
consumption exceeding four hundred (400)
gallons per site acre per day. (Sec. 18-24.2.2.13]
TMP: Tax Map 558 Parcell Existing Zoning and By right use: HC-Highway
location: US 250 (Rockfish Gap Turnpike) Commercial; EC - Entrance Corridor Overlay
approximately 1,600 feet (0.3 miles) west of
Western Albemarle High School.
Magisterial District: Whitehall Conditions: Yes
Requested # of Dwelling Units: N/A DA RA X
Proposal: Use of more than 400 gallons of Comprehensive Plan Designation: RA - Rural
groundwater per site-acre per day for Area in Rural Area 3
convenience store.
Character of Property: The site is currentlv Use of Surrounding Properties: Surrounding
vacant. properties indude the Crozet Moose Lodge,
single-family residential, and various commercial
enterprises, including convenience stores with
gas stations.
Factors Favorable: Factors Unfavorable:
1. Character of the zoning district 1. There is not enough data to
will not be changed by the determine if the existing water
proposed use, supply is adequate to support
2. Granting the special use permit water consumption in excess of
will allow a proposed 400 gallons per site-acre per
development that directly day on this parcel.
promotes the purpose and
intent ofthe HC-Highway
Commercial zoning district.
3. The proposed water
consumption will not adversely
affect uses permitted by right in
the HC~Highway Commercia!
zan ing district.
RECOMMENDATION: Staff recommends approval of $P 2008-00033, with the following conditions:
1, The applicant shall install a meter on the well head to monitor water consumption. Prior to
installation, the model of said meter will be approved by the Zoning Administrator. Results
of daily water consumption monitoring results will be made available within forty-eight (48)
hours of a request from the Zoning Administrator; and,
2. Water consumption shall be restricted to 1,625 gallons per day. STAFF: Summer Frederick, Senior Planner; Glenn Brooks, County Engineer

PLANNING COMMISSION: June 8, 2010

BOARD OF SUPERVISORS: TBD

PROJECT:

SP2009-34 Re-Store 'N Station

Petition:

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

ZONING CATEGORY/GENERAL USAGE: He-Highway 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: 18-24.2.2.13: Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day.

COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Area in Rural Area 3 - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources! density (.5 unit/ acre in development lots).

ENTRANCE CORRIDOR: Yes.

LOCAT10N: US 250 (Rockfish Gap Turnpike) approximately 1,600 feet (0.3 miles) west of Western Albemarle High School.

TAX MAP/PARCEL: Tax Map 55B Parcell MAGISTERIAL DISTRICT: Whitehall

Character of the Area:

The immediate surrounding properties include commercial uses, the Crozet Moose Lodge, and singlefamily residential properties.

Specifics of the Proposal:

Section 18-24.2.2.13 of the Zoning Ordinance requires uses in the He-Highway Commercial zoning district not served by public water to obtain a special use permit if they use more than 400 gallons per site-acre per day. As it cannot be determined that the proposed gas station and convenience store will not use less than 400 gallons of water per site-acre per dav, this requirement must.be met

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

Planning and Zoning History:

SDP200B-.154: Request for preliminary site plan approval to construct a 5,750 square foot, two {2} story commercial building with gas pumps and associated parking 4.06 acres. Application includes a request to waive restrictions found in Sec. 18-21.7{c) in order to allow for land disturbance In a required twenty (20) foot buffer area. To be reviewed and acted uponjoJ/owing the Planning Commission taking action on this special use permit application.

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Conformitv with the Comprehensive Plan:

The Comprehensive Plan designates the site as Rural Areas, emphasizing the preservation and pro tectio n of ag rlcu Itu ra I, fares ta I, open spa ce, and na tu ra I, histo ric and see nit. reso u rces.

The eha racter of the a rea is unusual, as it contains HI-Heavy Industrial, HC-H ighwav Com mercial, NMDNeighborhood Model District, Rl-Low density single-family residential, and RA-Rural Areas zoning all within one-half of a mile (Attachment AJ. All these areas are designated as Rural Area in the Comprehensive Plan (Attachment B).

Zoning ofthis parcel is HC-Highway Commercial, The proposed use (convenience store with gas station) is by-right in this district.

STAFF COMMENT:

It is understood a site plan will be reviewed for compliance with all applicable Ordinance requirements should this special use permit application be approved. The Planning Commission is required to review the submitted preliminary site plan because an abutting owner has requested such a review in accord with Sec. 18-32.4.2.5(c). Submitted site plan drawings are included in this report for informational and reference purposes only (Attachment C).

In conjunction with other information submitted by the applicant, staff has reviewed the Tier III Groundwater Study prepared by a Professlonal Geologist, certified by the State Board of Geology. It is staff's opinion that the processes used to prepare the Groundwater Study are sound.

Section 18 - 31.6.1 of the Code of Albemarle req uires that Special Use Permits be assessed as follows:

31.6.1: Spec;al use permits for uses as provided in this ordinance may be issued uoan a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property,

After reviewing data submitted by the applicant (Attachment DJ, the County Engineer states the proposed, or projected, water use on this parcel is acceptable from an engineering standpoint. Additionally, the area in which the parcel is located is not known for groundwater well failure.

However, there is not sufficient data to ensure future groundwater well failure will not occur in the area,

that the character of the djstrict will not be chal1ged thereby and

The character in terms of established by right usage of the area will not change as this property has been zoned HC-Highway Commercial since the adoption of the current zoning ordinance.

that such use will be in harmony with the purpose and intent of this ordinance,

The purpose of the HC-Highway Commercial zoning district, as stated in the ordinance, is to permit development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations, The intent ofthis district is stated as limiting sprawling strip commercial development by providing sites with adequate frontage and depth to permit controlled access to public streets.

The proposed use, water consumption, does not directly promote the purpose of the HC-Highway Com me rcia I zo n i ng district; however, water can sum pti on in excess of 400 ga lions pe r si te-acre per da y is allowed by special permit in the district. Given that allowing such water consumption would support

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a use that directly promotes the purpose and intent of the assigned zoning district. the special use permit is consistent with th e purpose and intent of the ordinance.

with the uses permitted by right in the district,

Water withdraw in excess of 400 gallons per site-acre per day would not adversely affect the by right uses in the He-Highway Commercial district.

with additional regulations provided in section 5, and

Section 5.0 contains no additional regulations regarding water usage.

with the public health, safety and general welfare.

The public health, safety, and general welfare of the community are protected through the special use permit process which assures that the proposed use is appropriate in the location requested ..

As previously addressed, concern has been expressed in relation to the question of whether or notthe existing water supply can support water consumption in excess of 400 gallons per site-acre per day on this parcel.

The applicant has submitted information from a state certified geologist indicating adequate water supply is available. A study submitted by a member of the public, also a state certified geologist, raises questions regarding the adequacy of the water supply.

The applicant states water usage will not exceed 1,625 gallons per day. Staff proposes a condition capping water consumption at 1,625 gallons per day, which translates to 400.25 gallons per site acre, per day. By-right water consumption for this parcel is 400 gallons per site acre, per day. Based on the analysis ofthe available information, it is staff's opinion that the minor increase in water consumption is not inconsistent with public health, safety, a nd general welfare.

SUMMARY:

Staff has identified the following factor favorable to this application:

1, Character of the zoning district will not be changed by the proposed use.

1. Granting the special use permit will allow a proposed development that directly promotes the purpose and intent of the HC-Highway Commercial zoning district.

3, The proposed water consumption will not adversely affect uses perm itted by right in the HC-Highway Commercial zoning district.

Staff has identified the following factor unfavora ble to this application:

1. There is not enough data to determine if the existing water supply is adequate to support water consu mption in excess of 400 galla ns per site-acre per day on this parcel.

RECOMMENDED ACTION:

Based on the findings contained in this staff report, staff recommends approval of SP2.009-34 Re-Store 'N Station, with the followlng conditions:

1. The applicant shall install a meter on the well head to monitor water consumption. Prior to installation, the model of said meter will be approved by the Zoning Administrator. Results of daily water consumption monitoring results will be made available within forty-eight (48) hours of a request from the Zoning Administrator; and,

2.. Water consumption shall be restricted to 1,625 gallons per day,

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ATIACHMENTS

Attachment A - location Map with zoning districts

Attachment B -location Map with Comprehensive Plan designations Attachment C - Submitted site plan drawings

Attachment D - Information submitted in Junction with special use permit application AttachmentE - Memo from County A.ttorney in reference to review of special use permit Attacnment F - Tier III Groundwater Study

Attachment G - Additional information submitted by the applicant. Attachment H - Additional Information submitted by the public.

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