PUBLIC HEARING REQUEST
Board Meeting Date:
Heritage and Preservation
Robert C. Counts Community Development
An Ordinance Approving
Rezoning Application RZ03-M-08,
This rezoning request is
an amendment to the previously approved proffer conditions to allow
development of a transportation museum on the site. On
Subsequent to the rezoning of the property, the applicant obtained funding in the amount of $395,000 from a TEA-21 grant, administered by the Virginia Department of Transportation, to develop a transportation museum on the subject property. While the C-1 zoning district allows this proposed use by Special Permit through the Board of Zoning Appeals; the specific limitations imposed by the current proffers (i.e. offices only) will not allow the issuance of the needed Special Permit; therefore, in order to continue with the development of the proposed transportation museum, the applicant is seeking to amend the current proffered conditions.
Proposed Amended Proffer Conditions
The applicant proposed the following proffered conditions. It should be noted that the first two conditions are identical to the existing proffered conditions. Only the third condition has been modified to allow for the development of a proposed museum on the site.
The Foundation would also proffer that in the event the existing proffers on the subject property are revised as proffered herein, then the development of the property shall be in conformance with these Revised Proffers pursuant to Section 15.2-2298 B, et seq. of the Code of Virginia, as an amended, and applicable section of the Fauquier Zoning Ordinance, unless further amendment or deletion of these proffers shall be agreed to by the Board of Supervisors or assigns. The applicant also stipulates that these conditions are subscribed to voluntarily.
Land Area, Location and
The property consists of 0.589 acres zoned C-1
(Commercial-Neighborhood). It is located on Virginia Route 17 (
C-1 zoning and related uses surround the property. There is residential zoning (R-4) and land use in the immediate vicinity, but the primary orientation of the subject property is toward the existing business district on Route 55.
Requested Action of the
Board of Supervisors:
Conduct a public hearing for citizen comment and consider adoption of the attached Ordinance.
and appropriate referral agencies have reviewed this request for
conformance with the Comprehensive Plan, the Zoning Ordinance, and other
relevant policies and regulations. Their comments are summarized below.
Compliance With Comprehensive Plan and
If a Special Permit is obtained, the proposed use is consistent with both the zoning and planned land use for the area. Only the current proffer conditions preclude consideration of a Special Permit.
Additional Zoning-Related Comments
1. In accordance with Sections 3-200.2 of the Fauquier County Zoning Ordinance, the existing district is designed for a town center type district allowing neighborhood commercial activities and some residential uses.
2. An existing 30-foot ingress/egress easement is located on the southeastern portion of the property where the existing shared entrance exists. The proposed structure may need to be relocated to meet minimum yard requirements.
3. There appears to be an ingress/egress easement located on the southwestern portion of the property along the rear of the proposed structure. The proposed structure may need to be relocated to meet minimum yard requirements.
4. Approval of a Major Site Plan will be required prior to obtaining building and zoning permits. The amended proffered conditions must be on the site plan.
5. In accordance with Article 7 of the Fauquier County Zoning Ordinance, the use intensity calculations for a museum are less than for office use. Accordingly, the proposed use would require less parking and generate fewer vehicular trips.
6. All easements plats must be approved by the Department of Community Development and recorded in the County land records. Easements must also be shown on the Major Site Plan prepared for the proposed use.
7. This property is located in the Marshal Service District. No wells or septic system are shown on site. Public water and sewer service must be obtained to develop this site.
The Engineering Division reviewed the referenced rezoning plan and had the following comments:
2. The CDP shows parking islands in the 30-foot ingress / egress easement. A determination should be made as to who has the right to use this easement prior to allowing construction within the easement.
3. SWM/BMP’s will be required.
The Warrenton VDOT Residency staff reviewed the referenced rezoning application. Provided that subsequent comments on the site plan are addressed, VDOT had no comments on the proposed rezoning.
and Staff Recommendation:
Staff review of this proposed rezoning has identified a number of technical issues that must be addressed during the development of the property. However, these issues are more appropriately addressed in the review of a major site plan and the consideration of a Special Permit before the Board of Zoning Appeals. The proposed proffer amendment simply removes specific limitations and allows additional review of the proposed use to take place. Accordingly, staff recommended that the Planning Commission forward a recommendation of approval of RZ03-M-08 to the Board of Supervisors.
Planning Commission Recommendation
ORDINANCE APPROVING REZONING APPLICATION RZ03-M-08,
as part of that rezoning, the applicant proffered to limit the use of
structures to offices only; and
WHEREAS, subsequent to that rezoning, the applicant received TEA-21 funding in the amount of $395,000 to develop a transportation museum on the subject property; and
WHEREAS, except for the existing proffer condition, the current zoning allows for the development of a museum by Special Permit; and
WHEREAS, proposed rezoning RZ03-M-08 deletes the proffer language limiting the use to office only, and specifically adds a museum as an allowable use; and
WHEREAS, at its meeting on December 19, 2002, the Planning Commission conducted a public hearing on RZ03-M-08 and voted to forward a recommendation for its approval to the Board of Supervisors; and
WHEREAS, the Board of Supervisors finds that the public necessity, convenience, general welfare and good zoning practice requires approval of the proposed rezoning; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 21st day of January 2003, That Rezoning RZ03-M-08, Fauquier Heritage And Preservation Foundation, Inc. be, and is hereby, approved subject to the revised Concept Development Plan and Proffer Statement.