CONSENT AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date:

Ray Graham, Cedar Run District Supervisor

June 14, 2007

Staff Lead:

Department:

Kimberley Johnson, Zoning Administrator

Community Development

Topic:

A Resolution Initiating a Zoning Ordinance Text Amendment to Section 3-300 and/or 5-2100 to Allow Certain Incidental Uses at Airports

Topic Description:

This proposed text amendment would allow certain incidental uses at airports.

Requested Action of the Board of Supervisors:

For purposes of good zoning practice, convenience, and general welfare, consider adopting the attached resolution.

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Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report:

A recent request by EDS to utilize the runways at Hartwood Airport (located at the Stafford County Line on Route Cropp Road)  raised a question of whether or not more flexibility is warranted for use of existing airports.  EDS has signed a lease to utilize an existing runway at Hartwood Airport for the testing of vehicle sensors.  The testing involves driving a vehicle down the runway at approximately 40-60 mph, through a canopy-type structure (toll booth) equipped to read a transmission from the vehicle, testing the sensor technology.  According to the applicant, the planned tests are similar to the “fast pass” toll road sensors and will occur on site one day month. 

There is no current use category in the zoning ordinance which would allow this activity at the Hartwood Airport, which is zoned RA/Rural Agriculture.  The use category  “Limited Industrial” seems most appropriate and is allowed in the RA zone with special exception; however uses are limited to in that category to those occurring indoors.   

The airport itself is authorized by special exception approval, and typically as part of this approval accessory incidental uses would be allowed, provided they are somehow related to airport use.  However, in this case the proposed use has nothing to do with airport use and therefore cannot reasonably be considered an accessory use to the airport.   The airport setting is ideal in this case primarily because of the availability of the existing paved area (runway) for driving the vehicle at necessary speeds. 

Two alternatives are proposed for the text amendment.  The first adds a new standard for airports that would allow incidental non-airport related uses to be approved as part of an airport special exception, with a limitation that the use be transportation related (the airport use is under the transportation category).   This approach would require an amendment to the Hartwood airport SE to include the incidental use.

The second alternative would allow incidental transportation related uses to be approved by separate administrative permit by the Zoning Administrator, with limitations aimed at allowing only those uses that are transportation related and which have minimal or no potential impacts.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Economic Development

ATTACHMENTS:

1.   Resolution

RESOLUTION

A Resolution Initiating a Zoning Ordinance Text Amendment to Section 3-300 and/or 5-2100 to Allow Certain Incidental Uses at Airports

            WHEREAS, it is appropriate to amend the Zoning Ordinance to allow additional uses not covered by existing regulations; and

            WHEREAS, Fauquier County seeks to provide clearer and more flexible zoning regulations in support of business development in the County; and

            WHEREAS, adoption of the attached amendments to Sections 3-300 and 5-2100 supports good zoning practice, convenience and the general welfare; now, therefore, be it           

            RESOLVED by the Fauquier County Board of Supervisors this 14th day of March 2007, That amendments to Sections 3-300 and 5-2100 related to allowing incidental non-airport uses to utilize existing airport facilities is hereby initiated and referred to the Planning Commission for public hearing and recommendation; and, be it

            RESOLVED FURTHER, That the following two alternatives represent the proposed changes for consideration:

      Alternative 1:  Special Exception/Amendment to Special Exception Required

5-2101                         Standards for All Category 21 Uses

In addition to the general standards set forth in Section 006 above, the following standards shall apply:

1.   All maintenance, repair and mechanical work shall be performed in enclosed buildings, except in the I-2 District.

2.   All areas for outdoor storage and all equipment, machinery and facilities not included within an enclosed building shall be effectively screened.

3.   All facilities shall be located and designed so that the operation thereof will not seriously affect adjacent residential areas, particularly with respect to noise levels.

4        Structures to be used by aircraft shall be located  a minimum distance of 200 feet from any adjoining rural, residential or commercial zoning district, or 75 feet from any adjoining industrial district.

5        An airport and/or runways may be utilized for transportation uses that are minor in area and extent and not normally associated with an airport, when presented and specifically authorized as part of the special exception. 

                                    Alternative 2:  Administrative Permit Required

5-2102                         Standards for Incidental Category 21 Uses

An airport and/or runways may be utilized for uses that are minor in area and extent and not normally associated with an airport, when the following standards are met: 

1.         The proposed use shall be transportation related.

2.         The proposed use shall utilize existing facilities at the airport.

3.         The proposed use shall be clearly incidental relative to the primary airport use, utilizing substantially less area, with activities occurring less frequently, and/or with lesser impact in terms of traffic, noise, utilities and other land use impacts.