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The owners, Beights
Development Corporation and Pepsi-Cola Bottling Company of
Central Virginia, have filed an application to rezone
approximately 3.2982 acres from Residential (R-1) to
Industrial Park (I-1) on property described as PIN
7906-21-3506-000 (3.14 acres) and 7906-21-1470-000 (.15
acre), located on the south side of Lee Highway (Route
15/29), approximately 1,200 feet north of the intersection
of Telephone Road and Lee Highway. While the rezoning is
requested to allow for the expansion of an existing
warehouse and parking area located on the adjoining
property, approximately 1.9 acres of the site to be rezoned
has no known use yet.
The Pepsi-Cola Bottling
Company has been located in the Mill Run Business Park for
the last twenty-two years. The application states that,
with the addition of new products they are selling today,
Pepsi is finding it necessary to expand and prepare for
their future at this site in Warrenton.
Location, Zoning and Current
Land Use:
The properties are located
on the south side of Lee Highway (Route 15/29),
approximately 1,200 feet north of the intersection of
Telephone Road and Lee Highway. The properties are
currently zoned Residential (R-1) and the larger parcel has
an older, uninhabited dwelling located on it.
Surrounding Zoning and Current Land Use:
The neighboring properties
to the north and west across Lee Highway (Route 15/29) are
zoned Village (V) and contain residences and a truck
servicing business. Properties to the east are zoned
Residential (R-1) and contain residential structures.
Property to the south is zoned Industrial (I-1) and includes
the site of the Pepsi plant.
Comprehensive Plan/Land Use:
The Comprehensive Plan
currently designates these parcels as Industrial after the
October 2009 adoption of a Comprehensive Plan Amendment to
change the designation on the 3.2982 acres from Low Density
Residential. Immediately south of the subject property is
the Mill Run Business Park, the site of the Pepsi plant,
various businesses, and vacant industrial land. The blue
area to the north and east is now designated as Office Park.
The Comprehensive Plan
states that “commercial and industrial uses in designated
plan areas or within proposed land development shall be
appropriately scaled, landscaped and buffered to protect the
integrity of adjoining and existing residential
neighborhoods.” A goal of the New Baltimore Service
District Plan is to develop Route 29 as a ‘Gateway Corridor’
to Fauquier County and the Piedmont Region by providing a
visual experience commensurate with the County’s high
quality environmental and historic significance.
The recently adopted
Comprehensive Plan states that there will be only two access
points on Route 29 between the current intersection with
Grays Mill Road and the western end of the Mill Run Business
Park. One access point will be a signalized full
intersection at Old Alexandria Turnpike (if warranted). The
second will be a new right-in/right-out on Route 29.
Elimination of all other access points will allow for better
and safer traffic movement on Route 29 and was a key
component of the Comprehensive Plan Amendment.
This application does not
comply with the Comprehensive Plan’s goal of having only two
access points on Route 29 in this area. The applicant has
proffered elimination of all future access to Route 29 from
the subject 3.30 acre parcels (7906-21-3506-000 and
7906-21-1470-000) upon completion of the road network shown
on the Comprehensive Plan. It is impossible to know when
this road network will be dedicated and constructed, leaving
the timing of this proffer undetermined.
The application also does
not address closing the existing Pepsi entrance (through the
glass company property) once the road network shown in the
Comprehensive Plan is in place, nor does it address
foregoing access to Route 29 from the rezoned 3.30 acres
immediately upon rezoning. The owner has proffered for the
Pepsi tractor trailer traffic to use an alternate access,
providing access to Route 29 through Telephone Road. Staff
has suggested all traffic could use this rear access, thus
realizing the vision of the Comprehensive Plan. The owner
has not concurred with this suggestion.
The Comprehensive Plan
Amendment recently adopted by the Board of Supervisors also
calls for the office park and adjacent industrial land to
not be a visual obtrusion along the Journey Through Hallowed
Ground. The plan requires additional landscaping along
Route 29 and Grays Mill Road and street trees, landscaped
plaza areas and parking lot landscaping internal to the
office park. The applicant has proffered additional
landscaping to buffer the use from Route 29, but has not
proffered building orientation nor internal landscaping.
Public Utilities:
The Comprehensive Plan
currently shows these parcels (Figure 2 New Baltimore
Service District Water and Sewer Service) as being slated
for Water and Sanitation Authority (WSA) public water and
sewer. At the writing of this staff report, WSA had not
commented on the application.
Transportation:
As mentioned above, the newly adopted Comprehensive Plan
calls for a collector road between Route 29 and Grays Mill
Road to circulate traffic through the industrial park and
office park (see map below). The road does not traverse
this property. The applicant has submitted an easement plat
for an access road between the Pepsi Plant and the collector
road, some of which is already constructed. This will allow
Pepsi traffic to exit to the collector road. The black dots
on the map below indicate intersections to be closed.
New Baltimore Comprehensive Plan Transportation Map
Site
Suitability/Environment:
According to the Federal
Emergency Management Agency (FEMA) Flood Insurance Rate
Maps, these properties are not located within the 100-year
floodplain. However, it appears there are soils that are
characterized as being subject to frequent flooding and may
have hydric inclusions, which indicate the possibility of
wetlands.
The most northeast area of
the parcel has steep slopes ranging from 30-50%. Staff has
encouraged the applicant to preserve the visual integrity of
the area as the site is developed. More direction will be
provided in the future as the project develops.
Historic Resources:
The Comprehensive Plan,
Appendix C, identifies historic resources located within the
County; the Appendix does not identify any historical
features on this site by the plan. However, this list is
not exhaustive and Chapter 2 of the Comprehensive Plan
states that there are more historical sites beyond those
listed in the Appendix.
A site visit by staff showed
an older home that was in disrepair located on the
property. This home does not appear to have any significant
historic value.
Route 29 in this location is
part of the Journey Through Hallowed Ground. While this
designation does not have land use implications, screening
of industrial sites and parking areas is appropriate along
this route.
Proffers:
The most recent set of
proffers were received on November 20, 2009. These proffers
restrict allowed uses to expansion of the Pepsi facility, a
civic center (governmental), or a small office or repair
service. The applicant has also committed to a landscaped
buffer and earthern berm along Route 29.
The owner has proffered that
Pepsi’s tractor trailer traffic will no longer use the
existing entrance on Route 29. The trucks will use an
alternate access to Route 29 through an easement to the
partially constructed Comprehensive Plan road, which
currently connects to Telephone Road. In addition, the
proffers eliminate all new access to Route 29 from the
subject parcels upon completion of the road network shown on
the Comprehensive Plan, giving the subject parcel access to
Route 29 at a signalized intersection. Staff has concerns
that this proffer will be hard to enforce. Instead, staff
has suggested that the applicant simply commit to using
alternative access through an easement to the Comprehensive
Plan road.
It is unclear when the road
network shown on the Comprehensive Plan will be in place.
It is also uncertain if the new intersection across from Old
Alexandria Turnpike will warrant a signal or if in the
future the Virginia Department of Transportation (VDOT) will
even allow more signalization on Route 29. Therefore, with
the language in the proffers, access to Route 29 from the
rezoned parcel may never be restricted. In working with the
owners, staff suggested they consider proffers eliminating
access to Route 29 and closing the entrance to Pepsi from
the glass company when a new traffic light is installed at
Old Alexandria Turnpike and/or all roads connect. Currently
the applicant has not addressed either recommendation in a
manner consistent with the Comprehensive Plan’s vision of
only having two access points along this stretch of
highway.
This area serves as a
significant gateway to Fauquier County. As recommended in
the adopted Comprehensive Plan, staff is working on an
overlay district which would restrict access on Route 29 and
provide a visual buffer along Route 29. These items need to
be taken into consideration in assessing this application.
At this time staff has no
idea what type, or size of building is proposed for the
vacant portion of the site. The proffers submitted do not
achieve compliance with the design aspects of the
Comprehensive Plan.
Staff and Review Agency
Comments:
Staff and the appropriate
referral agencies have reviewed this request for conformance
with the Comprehensive Plan, the Zoning Ordinance, and other
relevant policies and regulations. Staff and referral
agency findings, comments, and recommendations are
summarized below. The italicized language below the
agency’s comments represents how the comments will be
addressed.
Planning
·
See earlier
analysis.
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A boundary
line adjustment will be required to combine all 3 lots that
will be used for Pepsi. This should be noted on the Concept
Development Plan (CDP) and is required prior to site plan
approval.
This will be required
prior to site plan release.
Zoning
-
A Major Site Plan in
conformance with all applicable Zoning Ordinance
provisions will be required for this development. Staff
would note that the depicted conceptual landscape
buffers may need some alteration, given the requirement
for dense evergreen screening where the properties
adjoin R-1 zoned properties. (Zoning Ordinance Section
7-604.3.i)
Future action.
Environmental
Findings:
-
Based on a site visit,
it appears that much of parcel 7906-21-3506 to the
northeast of the existing house is fill material,
including the steep slope down to the drainageway. Due
to the variable nature of fill material, a geotechnical
study will be required at the site plan phase. There is
also what appears to be a small stormwater management or
E&S basin in the drainageway. The applicant is advised
to confirm the use of and need for the structure.
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Comments may change
substantially when the preliminary soil report is
submitted.
Provided for
informational purposes.
Future Actions:
Preliminary Soil Report at
site plan phase;
Geotechnical Investigation
at site plan phase.
Virginia Department of
Transportation (VDOT )
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VDOT continues to have
concerns about possible future access to Route 29, and
rezoning the property without knowing how they would get
an entrance that meets access management standards. The
comment response letter indicates there are proffers
attached, but we did not receive any proffers.
The current proffers do
not address closing the existing Pepsi entrance once the Old
Alexandria Turnpike signal and road network are in place,
nor do they restrict immediate access to Route 29 from the
3.2 acres.
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The additional 25’ of
right-of-way dedication has not been clearly labeled or
dimensioned on the plan.
It will be a requirement
prior to site plan approval.
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The comment response
letter is indicating that the turn lanes for the
existing Pepsi entrance have been labeled, but the plan
appears to be dimensioning the turn lane for Telephone
Road rather than the Pepsi entrance. There does not
appear to be any left or right turn lanes being shown at
the Pepsi entrance. The Subdivision and Commercial
Worksheet is indicating that the Pepsi entrance needs to
have a 350’ right turn lane and taper and a 400’ left
turn lane and taper.
Noted for informational
purposes. It will be a requirement to meet VDOT standards
at Site Plan stage.
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The comment response
letter is indicating that the revised Comprehensive Plan
road is not shown on their property. If the existing
Comprehensive Plan road is on this property, we
recommend the rezoning be postponed until the
Comprehensive Plan Amendment has been approved.
The Comprehensive Plan
Amendment has been approved. The Comprehensive Plan road is
not on this property.
Erosion & Sediment Control
-
Take in consideration
the existing conditions. For example, there are
seepage/drains on the slope above the sediment
basin/future stormwater management (SWM) pond. This
area always has water flow. Consider how this will be
addressed.
-
The concept plan shows a
stormwater pond. It is a possibility that the
stormwater pond may still be a sediment basin on the
adjacent site. A phase 1 E&S plan may need to be
submitted to show the stormwater pond as a sediment
basin. Determine if the existing sediment basin is
adequate to handle additional flow from future disturbed
area.
These items will be
discussed during the site plan process.
Planning Commission Action on August 27, 2009:
The Planning Commission
discussed this item at its work session. The owner
requested that action on the rezoning request be postponed
to allow time to further refine landscaping detail and
proffers. At the public hearing, one adjoining property
owner expressed concern regarding stormwater run-off from
the site potentially affecting his property.
Planning Commission Action
on September 24, 2009:
The Planning Commission
discussed this item at its work session. At the public
hearing two applicants spoke in opposition to the request
due to the applicant’s unwillingness to restrict access to
Route 29. The Planning Commission postponed action on the
application for thirty days to allow time for the Board of
Supervisors to act on the New Baltimore Comprehensive Plan
Amendment.
Planning Commission Action
on October 29, 2009:
The Planning Commission
discussed this item at its work session. The owner and
applicant agreed that they would do a boundary line
adjustment following rezoning to combine the two rezoned
parcels with the existing Pepsi site. They also agreed that
tractor trailer traffic would no longer use Pepsi’s existing
entrance on Route 29. However, the applicant did not amend
the proffers prior to the public hearing. At the public
hearing no one spoke regarding the request. The Planning
Commission stated they had worked hard on the application at
the work session; however, lack of conformance to the
Comprehensive Plan and safety concerns could not be
ignored. The Planning Commission voted unanimously to
recommend denial of the rezoning request.
Board of Supervisors Action
on December 10, 2009:
At the public hearing, staff
gave a brief summary of the staff report and stated the
owner had requested the Board postpone action to allow time
to work out access issues along Route 29. Two individuals
reminded the Board of Supervisors of the most recent
amendment to the New Baltimore Service District which
restricts access along this stretch of Route 29. They
expressed the importance of following the Comprehensive
Plan.
Recommendation:
If the Board of Supervisors
wishes to recommend approval of the application, an
Ordinance to approve has been prepared for your
consideration which incorporates the proffers dated November
20, 2009.
If the Board of Supervisors
wishes to recommend denial, a Resolution for denial has been
prepared for that action as well.
Requested Action of the Board of Supervisors:
Conduct
a public hearing and consider adoption of the attached
Ordinance or
Resolution.
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Financial
Impact Analysis:
None
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Identify any
other Departments, Organizations or Individuals
that would be affected by this request: |
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Department of
Economic Development
Commissioner of the Revenue
New Baltimore Area Businesses and Residents |
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