Board of Supervisors Meeting  Date: 

Beights Development Corporation and Pepsi-Cola Bottling Company of Central Virginia (Owners)
Collins Engineering, LLC (Applicant)

January 14, 2010

Staff Lead:


Holly Meade, Senior Planner

 Community Development

Magisterial District:                                                                                                              PIN:
Scott                                                                                                                   7906-21-3506-000

Service District:
New Baltimore                                                                                      


REZN09-SC-004 – Beights Development Corporation and Pepsi-Cola Bottling Company of Central Virginia (Owners)/Collins Engineering (Applicant) – Mill Run Business Park – Pepsi Expansion – Applicant Wishes to Rezone 3.2982 Acres From Residential-1 (R-1) to Industrial Park (I-1) in Order to Allow the Expansion of an Existing Warehouse and Parking Area 


Project Update: 

Prior to the Board’s December 10, 2009 public hearing, the owner requested that action on the application be postponed to allow time to address access issues along Route 29.  The owner has continued meeting with the Board members on this issue.  At the writing of the staff report, revised proffers had not been received. 

Topic Description:

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.  


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. 


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. 


·         See earlier analysis.

·         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. 


  • 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. 



  1. 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.
  1. 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 ) 

  1. 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. 

  1. 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. 

  1. 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. 

  1. 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  

  1. 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.
  1. 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.  


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.

Financial Impact Analysis: 



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

Department of Economic Development
Commissioner of the Revenue
New Baltimore Area Businesses and Residents



1.      Statement of Justification

2.      Pepsi Expansion Rezoning Plan - Concept Development Plan

3.      Architectural Rendering

4.      Comment Response Letter

5.      Proffer Statement Dated November 20, 2009

6.      Proffered Landscape Plan

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