The law requires specific criteria to be met in order for rezoning to be considered.  The County has not come close to meeting these criteria.

​

If the County can arbitrarily rezone a residential area as industrial here, where there is no M-1 zone within 8 miles, then they can do it anywhere....and that should worry everyone.

​

The relevant factors that MUST be considered-under Virginia State Law-are the: ​

• Conservation of natural resources, the preservation of flood plains, the protection of agricultural land
   

• Conservation of adjacent property values
   

• Comprehensive plan for the area and the Suitability of the property for various uses
   

• Trends in growth or change in the community
   

• Current and future requirements of the community as to land for various purposes as determined by population, economic, and environmental studies
   

• Transportation requirements of the community
   

• Requirements for community services and resources
   

• Existing use and character of the property

​

 • The property sits in a FEMA designated floodplain of the Robinson River. In fact, the County's own report on the property say: "The building is located approximately 28” below the flood plain. Past flooding has created problems with water damage to both the foundation and boiler room areas as well as the steam tunnel located below the first floor elevation. There may also be an increased potential for settlement of the foundation walls due to water table located at or above footing level."
 

• There has been limited evaluation of the environmental impacts of high density, commercial use of the site to town water supply and purity--as well as on the Robinson River. The developer has hired a soil analyst but there has been no independent review.
 

• Noise pollution from a commercial operation situated just yards from numerous residents would be intolerable and--because Madison County has NO noise ordinances--it would also be unregulated.

​

• The property is already in violation of septic regulations and there is no current assessment related to development of the property for high density, commercial use.  The County assessment of the property stated that: "the site utilities affected by the flood plain issue are well water and septic. The septic system is a single concrete tank and distribution boxes with a subsurface drain field located below the paved parking lot. In the 2002 report it is estimated that the water table is above the drain field in violation of the Virginia Department of health Sewage Handling and Disposal regulations. In addition the well and septic tank are approximately 41 feet apart, where state regulations require a minimum separation of 50 feet according to the report."

• The proposed development for the site would, when operated at full capacity, effectively increase the residential population by 250% 

• The developer plans for 91 parking spaces. which would increase the amount of cars in the town by over 150%. VDOT has not had the opportunity to assess the impact on traffic and road.

​

• The commercial square footage of the proposed design on 6 acres would increase the total residential and commercial footage of the ENTIRE town by more than 65%.

• Extensive development within a residential area would have significant impacts on residents with noise and traffic and pollution for years.
 

The County is trying to impose this development on the residents of Criglersville without reasonable due process or analysis.  According to Virginia Code 15.2-2284, "every proposed rezoning should be accompanied by an analysis of how the amendment satisfies one or more of the 'revevant factors'"specified by the Code, which require consideration of the impact of the rezoning on the community and its natural resources.  

 

Other communities in Virginia who have been subjected to this kind of "arbitrary and capricious" rezoning have sued their jurisdictions and won. A lawsuit would cost Madison Taxpayers and use up vital resources that could be better used to serve the County and its residents.