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Staff
Review Agency Comments
Staff and appropriate referral agencies have reviewed this
request for conformance with the Comprehensive Plan, the
Zoning Ordinance, and other relevant policies and
regulations. Findings, comments, and recommendations are
summarized below. Following each comment is a staff note in
italics stating how the comment has been addressed.
Planning Division
5-001 Purpose and Intent (excerpt from section)
There are certain uses, which, by their nature, can have an
undue impact upon or be incompatible with other uses of land
within a given district. These uses as described may be
allowed to locate within certain designated districts under
the controls, limitations, and regulations of an
administrative permit, special permit, or special
exception.
5-006 General Standards for Special Permits and Special
Exception Uses (excerpts from section)
The proposed use shall be such that it will not adversely
affect the use or development of neighboring properties.
The proposed use shall be such that pedestrian and vehicular
traffic generated will not be hazardous or conflict with the
existing and anticipated traffic in the neighborhood and on
the streets serving the site.
Staff is concerned that a high school may not be compatible
with the surrounding uses in this predominantly rural area.
The scale and intensity of the proposed school and its
traffic generation are not appropriate for this location.
Adequate utility, drainage, parking, loading, and other
necessary facilities to serve the proposed use shall be
provided.
Adequate sewer and water is required for all Special
Exception uses. It is still not clear whether there is
adequate septic capacity on the site based on the
information submitted. However, the applicant would have
to expend more funds in order to obtain that information.
That is a financial risk for the applicant; she has been
advised to first consider the Planning Commission’s
recommendation as well as the input from the public hearing
prior to making that decision.
5-501 Standards for All Category 5 Uses
All
off-street parking and loading areas, swimming pools and
tennis courts and similar facilities shall be effectively
screened and shall not be located in any required yard in
all Residential and Rural District.
(Applicant will address this standard at Site Plan
phase.)
5-502 Additional Standards for All Category 5 Uses Other
than Pre-School/Day Care Center/Nursery School
1.
No structure used for or in conjunction with the use
shall be located within 100 feet of any adjoining property
which is in a Residential or Rural District.
(Applicant will address this standard at Site Plan
phase.)
2.
The site shall have minimum road frontage, as
required for the site's zoning district, on a road
designated as a major collector in the Comprehensive Plan,
unless the Board of Supervisors or the Board of Zoning
Appeals find that the type and amount of traffic generated
by the facility is such that it will not cause an undue
impact on the neighbors or adversely affect safety of road
usage.
The Board
of Supervisors can waive the requirement for frontage on a
major collector, but only if it finds that the traffic
generated will not cause undue impact to the neighbors or
affect the safety of road usage. Since Germantown Road
(Route 649) is not classified as a major collector in the
Comprehensive Plan, the Board must make such a finding in
order to approve this application. The applicant indicates
there will be 252 vehicle trips in the AM peak and 252
vehicle trips in the PM peak which would result in 504 daily
trips to the school. The Virginia Department of
Transportation (VDOT) has noted that the ITE Manual
indicates 446 daily trips for a 180 student private school
with 142 trips during the AM peak. Germantown Road
currently has approximately 550 vehicle trips per day. The
446 trips indicated by the ITE Manual would represent an 81%
increase in traffic at full capacity. The Statement of
Justification estimates approximately 90 students when the
school opens, which would represent 223 vehicle trips based
on the ITE Manual. That would be a 40% increase in traffic
on Route 649 (Germantown Road) when the school opens. At
full capacity, the amount of traffic generated by this
school on this rural road is a significant increase.
The
proposed school location is almost 2 miles from the
intersection of Route 649 (Germantown Road) with Route 28,
the closest rural minor arterial. This will pose a
challenge for young drivers traversing the rural local road.
Route 649 does not have a designated speed limit and thus,
is 55 mph.
The applicant has indicated
to staff that VDOT will allow her to use the public parking
area (commuter lot) in Midland for the students to pool
rides to the school. It is located on Route 28, near Old
Carolina Road, and is about 2¼ miles from the proposed
school. The applicant is seeking to obtain a similar
agreement from a church near Warrenton to use their parking
lot to pool rides as well.
3.
All off-street parking and loading spaces, swimming
pools and tennis courts and similar facilities shall be
effectively screened and shall not be located in any
required yard in all Residential and Rural Districts.
(Applicant will address this standard at Site Plan
phase.)
5-504 Additional Standards for Primary School,
Secondary/Advanced
Schools and Technical Schools (Indoor)
1.
In addition to complying with the minimum lot size
requirements of the zoning district in which located, the
minimum lot area for a private school of general education
shall be of such size that:
A.
200 square feet of usable outdoor recreation area
shall be provided for each child in grades kindergarten
through three (3) that may use the space at any one time,
and
B.
430 square feet of usable outdoor recreation area
shall be provided for each child in grades four (4) through
twelve (12) that may use the space at any one time. Such
usable outdoor recreation shall be delineated on a plat
submitted at the time the application is filed. For the
purpose of this provision, usable outdoor recreation area
shall be limited in the same manner as paragraph 503.1.
(The proposed new recreation area is 79,200 square feet
in size so it could accommodate all 180 students at once,
although it is unlikely that they would all recreate at the
same time).
2.
All outdoor recreation areas shall be fully fenced.
(Comment for Site Plan phase.)
3.
The following standards shall apply to primary and
secondary/advanced schools in residential zoning districts:
A.
Minimum lot size shall be 5 acres.
(The project site is 14 acres.)
B.
All exterior lighting shall be designed and installed
so that all direct rays are confined to the site and
adjacent properties are protected from glare
(Special Exception conditions have been drafted to this
effect.)
Zoning Office
- The
following Zoning Ordinance standards are applicable:
a.
5-006 General Standards;
b.
5-501 Standards for All Category 5 Uses;
c.
5-502 Additional Standards for All Category 5 Uses
Other than Pre-School/Day Care Center/Nursery School;
d.
5-504 Additional Standards for Primary School,
Secondary/Advanced Schools, and Technical Schools (Indoor).
Zoning Staff defers to Planning Staff the assessment of
standard compliance. However, it is noted that Paragraph 2
of Section 5-502 requires that road frontage shall be
provided on a major collector, unless the Board finds that
the type and amount of traffic generated by the facility is
such that it will not cause an undue impact on the neighbors
or adversely affect safety of road usage. Since Germantown
Road is not classified as a major collector in the
Comprehensive Plan, then the Board must make this finding
when considering this specific application.
(See earlier Planning Division
staff analysis.)
- A
total of 76 parking spaces are proposed, which satisfies
the 43 parking spaces required based on a maximum
enrollment of 180 students, of which only half would be
eligible to drive, and a professional staff of
approximately 20 persons. However, staff recommends
considering a reduction in the overall number of parking
spaces, or possibly relocating the spaces that are
located in the drive circle, since the design of this
feature and the adjacent drop-off location could present
visibility and safety issues for vehicles backing out of
the 19 spaces in this area.
Information for the applicant.
- One
loading space will be required pursuant to Section 7-200
of the Zoning Ordinance, and should be indicated on the
Special Exception (SE) plan.
The applicant’s representative contends that one of the
three parking spaces labeled “pick up and drop off” is for
this purpose.
- There
is no sidewalk or other proposed means of pedestrian
access to the school for visitors that are parking in
the 10 spaces located off the main entrance drive.
Information for the applicant for Site Plan phase.
- The
finished height of the facility should be included on
the SE plan to demonstrate that it meets the maximum
height requirement of 35 feet for the RA District.
This is a Zoning Ordinance requirement; however, it has
been added as a Special Exception condition.
- Site
plan approval is required for the project, which will
require conformance with all landscaping, buffering, and
lighting requirements, as well as any other applicable
standards such as those for signage. However, the
following items are noted:
·
The applicant is proposing parking lot
lighting and it would be beneficial to include the general
locations of these fixtures on the SE plan.
·
The drive circle area and any parking in this
area will require additional screening from Germantown Road.
·
Depending on the height and detail of the
fencing proposed to enclose the recreation area, additional
screening may be required, especially along the western
property line.
Information for the applicant for Site Plan phase; these
items are not required for the Special Exception phase.
Special Exception conditions have been drafted to address
appropriate types of lighting.
Technical Division
The
Technical Division has reviewed the plans for the above
referenced project Special Exception (Category 5) for
educational use dated October 29, 2008, and has the
following comments:
Soils
Code
Compliance
Wells shall
not be placed in ground swale areas or floodplains (Fauquier
County Code 19-11).
Information for the applicant for Site Plan phase, but has
implications for the overall Concept Development Plan.
Findings:
The Level 2
evaluation of the drainfields should be completed as soon as
possible. The drainfields are a major limitation to the
proposed land use and any changes to the dainfields could
have major impacts on the Concept Development Plan and the
Site Plan.
Important
information for the applicant: Staff is concerned that this
application may not be possible as currently conceived once
further soil information is available.
Future
Actions:
The
drainfields will have to receive a Level 2 evaluation by the
Fauquier County Office of the Virginia Department of Health
and the Fauquier County Soil Scientist’s Office prior to
approval of the site plan.
Information required for Site Plan phase.
Erosion &
Sediment Control
No comments.
Engineering
Future
Actions: (Shall be addressed on the final site plan)
1.
A stormwater management plan prepared by a
professional in adherence to all minimum standards and
requirements pertaining to the practice shall be required
with the site plan in accordance with the Northern Virginia
BMP Handbook. Water quality measures shall provide a
minimum of 80% site coverage and 40% phosphorus removal
using the Occoquan Method. (Fauquier County Design Standards
Manual (FCDSM) 201.8 #1.A.2, 203.2 #2, 204.2 #2, and
A204.2.2)
Information for the applicant for Site Plan phase.
2.
Where hydric soils have been identified by the soil
report within the project site, a jurisdictional
determination by the U.S. Army Corps of Engineers will be
required with the site plan. The applicant shall assure
that all applicable environmental permits have been acquired
for the project prior to approval of the final plan. (FCDSM
201.8 #4)
Information for the applicant for Site Plan phase.
3.
All receiving channels shall be checked for adequacy
in accordance with the Virginia Erosion and Sediment Control
Handbook Minimum Standard #19. All culverts are to be
designed to convey the 10-year storm event. (FCDSM 201.8 #3)
Information for the applicant for Site Plan phase.
VDOT
The Warrenton Residency staff reviewed
the above referenced special exception plan dated October
26, 2008, and has the following comments:
-
Location that sight distance was measured from still
does not appear to be in conformance with the Road
Design Manual Section B-3 (D3). Line of sight should be
measured 4 feet from the centerline of the entrance and
20 feet from the middle of the nearest travel lane.
The
applicant will have to make modifications to the plat to
meet VDOT requirements for site distance. The application
should not proceed until this issue is resolved.
- Any
areas where the line of sight is outside of the
right-of-way will need to be in a sight distance
easement including areas along their property. This can
be determined at site plan because there will likely
need to be additional right-of-way dedicated for the
construction of the turn lane.
Comment for Site Plan phase.
- The
traffic note on sheet 3 is indicating 252 vehicle trips
in the AM peak and 252 vehicle trips in the PM peak
which would result in 504 daily trips to the school;
however, some of the numbers do not appear to add up.
The ITE Manual indicates 446 daily trips for a 180
student private school with 142 trips during the AM
peak. The 504 trips indicated by the applicant would
represent a 91.6% increase to the 550 trips on Route
649. The 446 trips indicated by the ITE Manual would
represent an 81% increase in traffic at full capacity.
The Statement of Justification is indicating
approximately 90 students when the school opens which
would represent 223 vehicle trips based on the ITE
Manual. That would represent a 40.5% increase in
traffic when the school opens.
The
applicant should resubmit its calculations with corrections.
In addition, it appears that the increase to traffic on
Germantown Road is significant as it is potentially an 80 to
90% increase when the school is at full capacity. The
applicant is in the process of obtaining permission for park
and ride arrangements so that the majority of students would
carpool from those locations.
Board of Supervisors Summary and Action of March 12,
2009:
The Board of Supervisors held a public hearing on this
item. The application was postponed for thirty (30) days,
at the request of Supervisor Graham, and the hearing was
continued. Members of the public spoke at the hearing: 2
were opposed and 4 were in favor of the application.
Planning Commission Summary and Action of January 29,
2009:
The Planning Commission discussed this item at its work
session. A public hearing was held at which two members of
the public spoke against the project and four members spoke
in favor of Christian education. Commissioners agreed the
use was not appropriate at this particular location and
unanimously recommended denial. However, the Commission did
refine previously drafted Special Exception conditions in
order to provide the Board of Supervisors with conditions,
should the Board be inclined to approve this application.
Planning Commission Summary and Action of December 10,
2008:
The Planning Commission discussed this item at its work
session. Issues discussed included: traffic, whether this
was an appropriate location for a high school, reducing the
size of the school, and septic capacity, including the
requirement for an additional Special Exception if the
system capacity is 1,000 gallons per day (gpd) or more.
The Planning
Commission held a public hearing on this item. Eight
members of the public spoke, including the applicant.
Several speakers were not County residents. Concerns were
voiced regarding traffic, privacy for adjacent neighbors and
the site not being the right location for a school. The
public hearing was postponed until January 29, 2009.
Planning Commission Summary and Action of May 29, 2008:
The Planning Commission held a public hearing on this item.
Several members of the public spoke at the hearing. Some
members of the public voiced concern regarding an adequate
septic and water supply, and traffic concerns. The
applicant requested a postponement in order to conduct
technical studies and provide additional information to
address the public concerns and referral agency comments.
Summary
and Recommendation:
A
fundamental question to be considered with this application
is whether the proposed high school is an appropriate use in
this rural location (Zoning Ordinance 5-006).
As
highlighted in the staff analysis, this site is far from
collector or arterial roads. Germantown Road is not
classified as a major collector in the Comprehensive Plan.
The requested use requires road frontage on a major
collector, unless the Board of Supervisors finds that the
type and amount of traffic generated by the facility is such
that it will not cause an undue impact on the neighbors or
adversely affect safety of road usage. The proposal will
increase the traffic on Germantown Road by approximately 80
– 90%. The proposed location is almost 2 miles from Route
28, the closest road eligible for a Category 5 Special
Exception. In addition, Germantown Road does not have a
posted speed limit, thus it is 55 mph.
The applicant is willing to consider a condition to require
some level of carpooling for the students to reduce traffic
to the site. She has identified a commuter lot on Route 28
(near Old Carolina Road) that is approximately 2¼ miles from
the site. She is also looking into using a church parking
lot to carpool students from the Warrenton area. At this
time it is not clear how this would be enforced or whether
school vans or buses would be utilized.
Referral
agencies have reviewed the revised submittal and indicated
that there is still risk associated with the proposed use at
this location due to the soils. It is recommended that the
applicant obtain the additional technical information to
verify soil suitability. The applicant will need to include
after school and weekend uses in the analysis. It should be
noted that this additional technical information, while not
required at the Special Exception phase, would address
concerns raised by the County soil scientist. It is
required for the Site Plan phase.
In particular, the drainfields are a major limitation to the
proposed land use and any changes to the drainfields could
have a major impact on the concept development plan and the
site plan. The County soil scientist recommends that the
Level 2 evaluation of the drainfields be completed as soon
as possible. Due to the cost of this study, the applicant
was advised to first consider the Planning Commission
recommendation, Board of Supervisors’ input, as well as the
input from the public hearing prior to commissioning the
study. A Category 20 Special Exception would also be
required if the septic system uses 1,000 gpd or more (i.e.,
1000 gpd equates to 100 total people or more on this
particular site).
Requested Action of the Board of Supervisors:
Conduct a public hearing and consider adoption of the
attached resolution. |