James City County planning commission backs Grove convenience center with added stormwater condition

The James City County Planning Commission voted unanimously March 5 to recommend approval of JCC SUP 20430 for a Grove-area convenience center at 8429 and 8415 Pocahontas Trail, with an added condition that stormwater improvements be accepted before an occupancy certificate is issued.

Staff said the county-applied special-use permit would allow construction of a solid-waste container and transfer facility — described by the applicant as an attendant shed, open-top roll-offs for scrap, closed-top containers for recyclables, a baler and an enclosed trash compactor — to serve the Grove area and provide recycling options.

The permit is required because one parcel is zoned R-2, general residential, and the proposed convenience center is not shown on the county comprehensive plan. Planning staff recommended the commission find that the general location, character and extent of the proposed public facility are substantially in accordance with the comprehensive plan, citing section 15.2-2232 of the Code of Virginia, which requires local review when a facility is not shown on a jurisdiction's comprehensive plan.

“ We sent out property owner letters to adjacent residents, and we have received no response,” Susan Istanis, director of planning, said when commissioners asked whether residents near the site were notified.

Applicant Bob Dittman, of the James City County Department of General Services, said the project would use existing impervious area where an older fire station sits and that the only new structure would be an attendant shed. “The only structure that's actually going to be on there is an attendance shed. It's gonna be a couple open top roll offs for scrap, closed top for recyclables, a baler, and a trash compactor which is enclosed,” Dittman said.

Commissioners focused much of their discussion on stormwater controls and downstream drainage. A commissioner asked whether adjacent stormwater facilities, including a dry pond built when a nearby firehouse was constructed, would need upgrading and whether conditions should require stormwater work to be completed prior to occupancy. Staff and the applicant indicated stormwater design will follow current county stormwater standards and that consultant work is underway to address stormwater agency comments, but commissioners pressed for an explicit occupancy trigger.

“ If we're going to do this for other SUPs and other folks, it only makes sense that we're transparent about that for our own dealings,” Commissioner Polster said, and moved the approval with the added condition that the stormwater facility be accepted before an occupancy certificate is issued.

The commission voted aye — Polster, Rogers, Everson, May, Allman, Haskins and Haldeman — on both the motion finding the proposal substantially in accord with the comprehensive plan and the motion recommending approval of the SUP with the added stormwater/occupancy condition. The commission’s recommendation will go to the Board of Supervisors for final action.

Discussion at the meeting also noted proximity of the site to Fire Station 2, Dominion Energy easements and downstream tributaries to Skiffs Creek. Commissioners identified potential material-handling concerns raised during review — including storage of items such as waste oils and lead-acid batteries — and confirmed a spill prevention, control and countermeasure plan is required prior to site-plan approval under condition 6 in the staff report. Commissioners added the explicit requirement that stormwater upgrades be accepted prior to occupancy to mirror similar conditions the county places on private developments.

The public hearing drew no members of the public to speak; the applicant was the only speaker card submitted. The commission also noted three residences immediately northwest of the site; staff said the homes are occupied but that the county received no response to mailed notices.

The commission’s recommendation and the added condition address local implementation details that the Board of Supervisors will review when it considers the SUP application.