Planning Commission

The following will be the agenda for the Fauquier County Planning Commission meeting to be held on Wednesday, December 10, 2008.


1. Mintbrook Farm (Bealeton Gateway, LLC) (11:00 a.m.)

2. Virginia Department of Transportation (VDOT) (12:30 p.m.)

3. Agenda Review (12:30 p.m.)

4. Zoning Ordinance Text Amendment for Wineries (2:30 p.m.)

5. Colonial Crossing (3:00 p.m.)

6. Catlett-Calverton-Midland Village Service District Plan Draft (4:00 p.m.)

7. Planning Commissioners’ Time

1. APPROVAL OF MINUTES – October 30, 2008

2. ZONING AND SUBDIVISION ORDINANCE TEXT AMENDMENTS

a. Initiation of Zoning Ordinance Text Amendments to Sections 5-006.5 and 12-610 related to utilization of Low Impact Development techniques with site development (Kimberley Johnson, Staff)
b. Initiation of a Zoning Ordinance Text Amendment to Article 2, General Regulations, and Article 6, Accessory Uses, regarding the height and location requirements for accessory windmills. (Andrew Hushour, Staff)

c. Initiation of a Zoning Ordinance Text Amendment to Article 3 and Article 5 to modify requirements and limitations in the C-1 Zoning District, to include changes to Setbacks, Addition of Use Limitations, allowing upper-story residential uses by right, and allowing up to 100,000 square feet of retail/shopping center with approval of a Special Exception. (Kimberley Johnson, Staff)

d. Initiation of a Subdivision Ordinance Text Amendment to Sections 9-3 and 9-4 to change the filing dates for preliminary subdivision plat from forty (40) days to sixty (60) days prior to the Planning Commission meeting. (Susan Eddy, Staff)

3. PRELIMINARY PLATS

• PPLT07-MA-012 & WVRP09-MA-005 – Ali Moshari (Owner)/Paul MacMahon (Applicant) – Tiffany Subdivision – Applicant wishes to subdivide approximately 6.51 acres into six (6) lots. Applicant is also requesting a waiver of Subdivision Ordinance Section 4-11.A.1 to waive the requirement to provide central water. The property is located on the west side of Rectortown Road (Route 710), Marshall District. (PIN #6060-51-9615-000) (Bonnie Bogert, Staff)

4. COMPREHENSIVE PLAN AMENDMENT

• CPAM06-LE-005 – Donald R. Tharpe and Toll Brothers X Limited Partnership (Owners)/Donald R. Tharpe (Applicant) – Tharpe/Marsh Road Commercial – Applicant wishes to obtain a Comprehensive Plan Amendment to add approximately 12.9 acres to the Bealeton Service District with the planned designation of Commercial Office. The property is located on the east side of Marsh Road (Route 17) at its intersection with Old Marsh Road (Route 837), Lee District. (PIN #6899-19-6609-000, 6990-10-5075-000 and a portion of 6899-29-1470-000) (Holly Meade, Staff)

5. POSTPONEMENT OF PUBLIC HEARINGS INDEFINITELY FOR THE FOLLOWING:

a. Zoning Ordinance Text Amendment to create a Marshall Gateway Special District (MG) as Section 4-1000 (Public hearing left open until December 10, 2008.) (Kimberley Johnson, Staff)

b. CPAM08-MA-006 – Amendment to the Comprehensive Plan Chapter 6 – Service Districts – Marshall Service District Plan to re-designate approximately 26 acres, currently designated as Low-Density Residential (1-3 units per acre), to Mixed Use on the Marshall Land Use Plan. Properties are located northeast of Winchester Road (Business Route 17) and south of the Norfolk-Southern rail line, Marshall District (PIN #6969-97-2278-000, 6969-98-4109-000, 6969-98-5472-000, 6969-97-0217-000, 6969-88-9632-000, 6969-98-1750-000, and 6969-87-8431-000) (Public hearing left open until December 10, 2008.) (Susan Eddy, Staff)

c. REZN08-MA-006 – To Rezone approximately 25 acres from Residential-4 (R-4) to Marshall Gateway Special District (MG) to allow commercial and institutional uses and residential uses in the general residential density range of up to 6 units per gross acre or to Commercial Village (CV) to allow commercial and institutional uses. The area is currently planned as Low Density Residential (1-3 units per acre) in the Marshall Land Use Plan of the Comprehensive Plan. The property is located northeast of Winchester Road (Business Route 17) and north of Route 66, Marshall District. (The property to be rezoned is also identified as PIN #6969-97-2278-000, 6969-98-5472-000, 6969-97-0217-000, and 6969-98-4109-000 less and except the approximately 9-acre portion of PIN #6969-98-4109-000 currently zoned C-2) (Public hearing left open until December 10, 2008.) (Susan Eddy, Staff)

6. BOARD OF ZONING APPEALS AGENDA

7. TRANSPORTATION COMMITTEE AGENDA

8. THE PLEDGE OF ALLEGIANCE

9. ANNOUNCEMENTS

This is a public hearing to allow the Commission to gather information from interested citizens on the agenda items. Citizens may speak in reference to each item on the agenda for a time usually limited to three (3) minutes.

Commissioners and staff may ask questions of anyone attending the hearing. Speakers are asked not to direct questions or comments to each other.

Speakers are not allowed additional time for rebuttal. This is a hearing, not a debate. Questions may be directed to Commissioners and staff informally after adjournment or during office hours to the Community Development staff.

10. CITIZENS’ TIME

Comments should not be directed to Public Hearing items.

Citizens wishing to address the Planning Commission should provide their name and residential address. Citizens’ comments are limited to three (3) minutes unless a large number of citizens wish to speak; in which case, the time limit must be reduced to accommodate all who wish to address the Planning Commission.

11. PROPOSED TEXT AMENDMENTS TO THE ZONING AND SUBDIVISION ORDINANCES, THE FAUQUIER COUNTY CODE AND THE COMPREHENSIVE PLAN

a. Zoning Ordinance Text Amendments to Article 5, Article 13, and Article 14 regarding Planning Commission and Board of Zoning Appeals Procedures and Application Requirements (Andrew Hushour, Staff)

b. Subdivision Ordinance Text Amendment to Section 4-1 to require plats not under subdivision control to be submitted to the Subdivision Agent for verification that the plat is not a subdivision (Susan Eddy, Staff)

c. Zoning Ordinance Text Amendment to Section 2-406 to require 100-year floodplain and steep slopes to be placed within common open space in residential developments where common open space is required (Andrew Hushour, Staff)

d. Zoning Ordinance Text Amendment to Section 5-1812 to allow Farmer’s Markets with approval of a Special Exception (Andrew Hushour, Staff)

12. SPECIAL EXCEPTION AMENDMENTS

a. SEAM09-CR-001 – Fauquier County Board of Supervisors (Owner/Applicant) – Warrenton-Fauquier Airport – Applicant wishes to amend the conditions of a previously approved Special Exception which allowed for the construction and operation of a wastewater treatment disposal system. The property is located at 5053 Airport Road and Area “A” west of Midland Road (Route 610), Cedar Run District. (PIN #7900-51-6351-000 and 7809-78-6301-000) (Holly Meade, Staff)

b. SEAM09-CR-002 – Fauquier County School Board (Owner/Applicant) – Kettle Run High School – Applicant wishes to amend a previously approved Special Exception to allow for the relocation of one athletic field as well as the addition of one athletic field. Applicant also wishes to construct an emergency access road. The property is located 7389 Academic Avenue, Cedar Run District (PIN #7914-89-0204-000) (Melissa Dargis, Staff)

13. SPECIAL EXCEPTION AMENDMENT/SPECIAL PERMIT

• SEAM09-CR-003 & SPPT09-CR-014 – Jesse Jones, Jr. & Beverly J. Grantham Jones, Trustees (Owners)/Jeffrey Wickert (Applicant) – Fauquier Christian Church – Applicant wishes to amend a previously approved Special Exception for an open space reduction, to change the authorized use. Applicant also wishes to obtain Special Permit approval to allow for the construction of a place of worship. The property is located at 5524 Catlett Road, Cedar Run District (PIN #7900-02-6993-000) (Melissa Dargis, Staff)

14. SPECIAL EXCEPTIONS

• SPEX08-CR-021 – Donna Andes (Owner/Applicant) – Bethel Lighthouse High School (Formerly Midland Extension School) – Applicant wishes to obtain a Category 5 Special Exception to allow for a private Christian High School. The property is located on the northeast side of Germantown Road (Route 649) east of its intersection with Balls Mill Road (Route 663), Cedar Run District. (PIN #6990-88-0850-000) (Melissa Dargis, Staff)

15. REZONING/SPECIAL EXCEPTIONS

• REZN08-LE-007, SPEX08-LE-028, SPEX08-LE-029, & SPEX08-LE-030 – James I. & Grace S. Lim and In Seok Lim (Owners/Applicants) – Applicants wish to rezone 6.7 acres from Rural Agricultural (RA) to Commercial – Highway (C-2) and 1.56 acres from Commercial – Highway (C-2) with proffers to Commercial – Highway (C-2) with revised proffers. Applicants are also requesting three Category 13 Special Exceptions to allow for drive-throughs to accommodate a bank, restaurant, and pharmacy. The property is located at the intersection of Marsh Road (Route 17) and Catlett Road (Route 28), at 10772 Bowers Run Drive, Lee District. (PIN #6899-16-9374-000 and 6899-16-6332-000) (Holly Meade, Staff)

16. COMPREHENSIVE PLAN AMENDMENTS

• CPAM09-LE-001 – David Leroy Hodgson, Terry Lynn Hodgson, Jean Elizabeth Cheatham, & William Wirt Goulding (Owners)/Douglas E. Darling/Bealeton Gateway, LLC (Applicant) – (Mintbrook Farm) – Applicant wishes to obtain a Comprehensive Plan Amendment to expand the Bealeton Service District and to allow for a change in land use designation from Low Density Residential, Residential/No Sewer or Water, Rural (outside of service district), Institutional/Office, Park/Open Space & SCFRR (School/Church/Fire/Rescue/Parks/Recreation) to Mixed Use (Residential and Commercial). The properties are located at 6331 Mintbrook Lane and 10633 Bowers Run Drive, Lee District (PIN #6899-18-3742-000 and 6889-89-6214-000) (Melissa Dargis, Staff)


1. PRELIMINARY PLAT

a. PPLT07-SC-001 – David W. Beach (Owner) and Sigma Builders 1, LLC (Applicant) – Grays Ridge Subdivision – Applicant wishes to subdivide approximately 25.6 acres into fifteen (15) lots. The property is located east of Grays Mill Road (Route 674), Scott District. (PIN #7906-30-6411-000) (Postponed on October 12, 2006, until resubmission, at the request of the applicant.)

b. PPLT08-MA-004 – Goose Pond Grove, LTD (Owner/Applicant) – Goose Pond Grove – Applicant wishes to subdivide approximately 23.15 acres into sixty-eight (68) lots. The property is located on the northeast side of Winchester Road (Route 17) north of its intersection with Route 66, Marshall District. (PIN #6969-97-2278-000, 6969-98-5472-000, and a portion of 6969-98-4109-000)

2. PLAN OF DEVELOPMENT

• PLDV08-MA-002 – Arabelle Laws Arrington (Owner)/DRH Design Group, Inc., (Applicant) – Arabelle Arrington – Applicant wishes to obtain approval of a Plan of Development to remove 5.59 acres of property zoned C-2 from an 286.96 acre lot. The property is located west of James Madison Highway (Routes 17/15/29) at its intersection with Alwington Boulevard, Marshall District. (PIN #6983-36-8598-000)

3. SPECIAL EXCEPTIONS

a. SE03-M-27 – Judith A. Almquist (Owner)/AT & T Wireless Services, Inc. (Applicant) – Applicant has filed a Special Exception application under Category 20, which would allow for construction of an 80 foot monopole, antennas, and related equipment. The property is located at 9309 Belle Haven Lane, Marshall District. (PIN #6050-50-3466-000)

b. SPEX05-MA-021 – Charles R. Chamberlain (Owner/Applicant) – Oak Hill - Applicant wishes to obtain Special Exception approval under Category 9, in order to hold Class C events. The property is located at 9358 Justice Lane on the east side of Grove Road (Route F-185) in Delaplane, Marshall District. (PIN #6050-37-4078-000)

c. SPEX08-LE-003 – True Deliverance Church of God (Owner)/Community Touch, Inc. (Applicant) – Community Touch – Applicant wishes to obtain a Category 6 Special Exception to allow for transitional housing. The property is located on the east and west side of Jericho Road, south of its intersection with Botha Road (Route 661), Lee District. (PIN #6970-40-1785-000 and 6970-41-9150-000) (Postponed on September 27, 2007, until resubmission, at the request of the applicant.)


d. SPEX08-MA-017 & SPEX08-MA-020 – Peter Petronzio & Katherine Ellsworth (Owners/Applicants) – Applicants wish to obtain a Category 20 Special Exception in order to remediate or repair an existing failed septic system and a Category 23 Special Exception to allow for structures associated with the septic system to be installed in the FEMA 100-year floodplain. The property is located on Springs Road (Route 802) at its intersection with Opal Road (Route 687), Marshall District. (PIN #6962-30-1310-000) (Melissa Dargis, Staff) (Postponed on November 19, 2008, until January 29, 2009, at the request of the applicant.)

4. REZONING/SPECIAL EXCEPTION

• REZN08-SC-003 & SPEX08-SC-018 – Larry & Nancy Terry and Christopher & Rhianna Hahn (Owners)/Brimar Enterprises, LLC (Applicant) – Riley Road Retail – Applicant wishes to rezone approximately 6.71 acres from Residential – 1 (R-1) to Commercial – 2 (C-2). Applicant is also requesting a Category 12 Special Exception to allow for a shopping center over 50,000 square feet with three drive-through facilities. The property is located at the intersection of Lee Highway (Route 15/29) and Riley Road (Route 676), Scott District. (PIN #7916-14-6710-000, 7916-14-3299-000 and 7916-14-5477-000) Postponed on July 31, 2008 for up to 90 days, at the request of the applicant, with the public hearing left open.

5. REZONINGS

a. REZN08-LE-004 – Donald R. Tharpe (Owner/Applicant) – Global Way – Applicant wishes to rezone approximately 9.01 acres from Rural Agriculture (RA) to Commercial – 2 (C-2). The property is located on the north side of Catlett Road (Route 28), Lee District. (PIN #6990-61-3090-000)

b. REZN08-LE-005 – Donald R. Tharpe, Trustee & Toll Land X Limited Partnership (Owners)/Donald R. Tharpe (Applicant) – Colonial Crossing Mixed Use – Applicant wishes to rezone approximately 97.12 acres from Rural Agriculture (RA), Commercial–Neighborhood (C-1), and Residential (R-4) to a Mixed Use Special District – Bealeton Service District (MU-Bealeton). The property is located on the east side of Marsh Road (Route 17) at its intersection with Old Marsh Road (Route 837), Lee District. (PIN #6990-10-5075-000, 6899-19-6609-000, 6899-29-1470-000, and 6990-20-9359-000)

6. PROPOSED TEXT AMENDMENTS TO THE ZONING AND SUBDIVISION ORDINANCES, THE FAUQUIER COUNTY CODE AND THE COMPREHENSIVE PLAN

a. Zoning Text Amendment to Article 4, Part 4 and Section 5-904 of the Fauquier County Zoning Ordinance and Sections 15-300, and 3-323 Pertaining to Floodplain Overlay Districts

b. Zoning Ordinance Text Amendment to Section 2-405 to require lots in the RA and RC districts to have buildable area outside of steep slopes and addition of Section 5-3000 to provide standards for building on steep slopes within the RA and RC districts

c. Zoning Ordinance Text Amendment to Section 2-406 to require a buffer to be established adjacent to floodplain within non-common open space in the RA/RC zoning districts

d. Zoning Ordinance Text Amendment to Section 2-406 to restructure and clarify existing provisions related to non-common open space (Postponed on October 30, 2008 up to February 26, 2009, with public hearing left open.)

e. Zoning Ordinance Text Amendment to Section 2-412 to increase the required setback from floodplain district boundaries for residential dwellings and accessory residential structures in the RA/RC zoning districts (Postponed on October 30, 2008 up to February 26, 2009, with public hearing left open.)