Exit 150 Overlay District Approved Despite Public Opposition

An overlay zoning at Exit 150 that would allow developers more freedom to construct what they wish on property in and around the area known as Gateway Crossing received a 3-1 nod from the Board of Supervisors at the Tuesday, September 27, 2022 meeting.

The project also would allow as many as 2,000 apartment units in the area in question, according to Planning Director Drew Pierson.

Calling the overlay district “a tool that can foster an attractive entrance into the county,” county planner Nicole Pendleton said the reduction on restrictions for redevelopment of the area would assist in creating better development in the Exit 150 area. It should also “minimize spread into rural areas,” she added.

Overlay districts encompass certain areas and are not county wide. The district applies only to a specific area around Exit 150 and up to Food Lion in Daleville. It does not affect properties outside of the overlay district, or current uses of property within the overlay district.

Overlay districts are additional standards on top of current zoning. Those standards can be restrictive or, as in this instance, relax some regulations for developers and property owners.

“It minimizes public hearings,” and other paperwork required for development, Pierson said. Most projects would no longer come before the Planning Commission and/or the Board of Supervisors. The existing underlying zoning use districts would remain in effect, except for certain prohibited uses in the proposed amendments that were described as uses that did not contribute towards fulfilling the purpose of the overlay.

The overlay, which is divided into three subdistricts, reduces front, side, and rear setbacks under certain conditions, eliminates floor area ratio requirements and impervious surface requirements, provides standards for entrances, windows, and doors for new principal buildings, and increases the maximum height of buildings and structures in each subdistrict. It provides standards for new public streets, subdivision blocks, access management, and provides sidewalk requirements for new development or construction exceeding 15% of the gross floor area unless otherwise waived by the zoning administrator.

The overlay also reduces the minimum number of required parking spaces required for all land uses, encourages the placement of parking to the side and rear yards, limits the location of drive-through service windows, requires accommodations for bicycles, eliminates the total lot square foot maximums for signage, and defines uses not otherwise listed in the ordinance.

As an example of the need for the overlay district, Pierson noted the former Shoney’s site is a small piece of property that has attracted attention. He said that a developer was interested in tearing down the existing structure and building a fast-food restaurant.

The Gateway Crossing overlay district is divided into three distinct subdistricts. The interstate subdistrict is intended to provide a combination of service-oriented commercial uses and is designed to be compatible with the goals of a walkable district with a mixture of uses. Businesses in this subdistrict will serve as a draw for travelers.

The business subdistrict is intended to provide a range of business and residential uses. These uses may include a mix of small-scale retail shops, offices, civic spaces, neighborhood parks, mixed-use dwellings, and other local needs. The focus for this district is to meet the needs of those who live along the corridor and to not be a significant draw for travelers.

The residential subdistrict is intended to provide a mixed density of residential uses, promoting walkability and neighborhood-scale commercial uses. It provides opportunities for single family housing, duplexes and townhomes, apartments, and small shops.

Botetourt has been working on making Exit 150 a more attractive entrance since 2016. “Zoning needs to change as our environment changes,” Pendleton said during her presentation. “This is years of planning and visioning.” She said the overlay zoning designation would be subject to change, much as any zoning designation.

The Botetourt County Planning Commission recommended approval of the Gateway Crossing overlay district at its September meeting.

More than 20 people spoke at the supervisors’ public hearing on the Gateway Crossing overlay district. The majority opposed the overlay district and questioned the lack of accountability created by the loosening of regulations. “You’re delegating to an unelected body,” one woman told the supervisors. Speakers also were disturbed by the potential number of apartment dwellings.

One woman who lives behind Botetourt Commons brought a video showing the flooding that occurs on her property because of the asphalt and run-off from that development, sparking concern about drainage and water run-off in newly developed areas around the county’s main entrance way.

A few business owners spoke in favor of the overlay district. One owner noted that she had lost employees who were unable to find affordable housing in the county, and she knew of other folks who were looking for work but unable to find it locally. “Business begets business,” she said.

Valley District Mac Scothorn made the motion to approve the Gateway Crossing Overlay, with conditions, and it was seconded by Chairman Dick Bailey.

Discussion afterwards consisted of dissent by Amsterdam District Steve Clinton, who called the expansion of “by right” construction a “fool’s errand. . . . Everybody in Botetourt deserves to know of development in this area we’re talking about,” he said.

Development “by right” means a person in a particular zoning area can build whatever they want without public input or knowledge. For example, anyone can build a home on property zoned Residential without having to have a public hearing; all the owner needs is a building permit, which is all many new businesses would have to have under the new overlay district.

Clinton urged caution and attempted to table the vote on the overlay district for 90 days, but was unable to convince the other supervisors to accept his motion. Bailey, Scothorn, and Buchanan District Supervisor Amy White voted for the Gateway overlay district, while Clinton opposed the motion to approve. Blue Ridge Supervisor Billy Martin was absent.

For more information on the Gateway Overlay District, along with a more detailed map, visit: Gateway Crossing Overlay (arcgis.com).