PUBLIC HEARING AGENDA REQUEST

Owner/Applicant:                                                 Board of Supervisors Meeting Date:

Margaret A. Hufnagel, Owner                                                 February 18, 2003

Landmark Property Development, LLC,

Applicant

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District: Center                                       PIN: 6995-21-1875-000

Service District: Warrenton

Topic:

Consider Rezoning Request #RZ03-C-04: the rezoning of approximately 64 acres from R-1 to a Planned Residential Development District; Margaret A. Hufnagel and others, owners, and Landmark Property Development, LLC, applicant, Raymond Farm

Topic Description:

The applicant proposes the rezoning of 64.29 acres from Residential District, one (1) Dwelling Unit/Acre (R-1) to Planned Residential Development District (PRD). The proposed rezoning would yield 64 residential building lots. The current by-right development of the site would, subject to adequate well and septic sites, yield no more than 57 building lots.

The subject property is located at the southeast quadrant of the Route 29 and Route 605 intersection. The property is surrounded by residential development, predominantly by R-1 zoned neighborhoods, such as Millwood, Ashley Meadows, and Lake Whippoorwill. It is bordered on the southwest by property zoned for Highway Commercial (C-2) use (e.g. Rick Hunt Ford and Dodge). Site access for the proposed development is located directly across Route 605 from the P.B. Smith Elementary School .

As outlined in Section 4-101 of the Zoning Ordinance, use of the PRD zoning district is intended to provide flexibility in residential development by providing for a mix of residential uses that include a variety of housing types, densities, and alternative forms of housing, and the combining of these uses with appropriate non-residential uses. In order to accomplish this objective, the PRD district affords flexibility in internal relationships of design elements over those provided in conventional districts.

In the case of the Raymond Farm rezoning proposal, the applicant is seeking to integrate attractive residential development with the preservation of approximately one-third of a farm that has been a long-standing local landmark. In order to accomplish the preservation of the farm’s most engaging features (the existing farm house, tree lined drive, front field, and pond), the applicant is seeking to cluster all of the residential development to the rear of the property. This development will require modification request approvals for a number of Zoning Ordinance requirements for conventional lot lines and setbacks. The requested waivers are summarized below. The applicant’s request for waivers is included as Attachment 2.

Requested Modifications and Waivers:

The applicant is seeking the following modifications and waivers so that the development of the Raymond Farm application from R-1 to the PRD district can be implemented in conformance with the Proffered Concept Development Plan (CDP). This CDP is consistent with the concept presented to the Center District Citizen Planning Committee, and then at a public hearing conducted by the Fauquier County Planning Commission on October 24, 2002.  The requested modifications and waivers to the R-1 district and subdivision standards are consistent with the General Development Plan proffered by the applicant.

2-409 Extensions in to Yard Areas:  Extensions of various design elements of homes are allowed by the Ordinance. The applicant is seeking reductions in all yard areas, but is requesting that allowed extensions remain the same regardless of the reduced yard size (i.e., a reduced front yard would not bring with it a commensurate or proportional reduction in allowed extensions into that yard).

3-401 Maximum Density: The density for the R-1 district is 0.9 units/acre. This application requests a density of 1.0 units/acre. This would allow for the development of seven more residential lots than would be allowed in a by-right development. The applicant contends that this additional density will provide a partial offset to the value lost by going from large lot by-right development to smaller lot development in order to preserve approximately 19 acres of frontage for a public park.

3-402 Minimum Lot Size: The proposed configuration retains the frontage along Lee Highway in open space, preserves the existing pond, retains the existing colonial style farm house and the tree lined drive to the house, and provides a 100 foot buffer to the south and a 300 foot buffer to the east. In order to develop this configuration, a reduction in lot sizes is required.  The proposed PRD development will offer two distinctive dwelling types, with two lot sizes to accommodate the differing home styles. The applicant is requesting that lot sizes be allowed to vary. The larger homes would be sited on lots 9,000 to 10,000 square feet in size and located on the perimeter of the developed area. The smaller homes, to be located to the interior of the development, would be sited on lots of 4,000 to 5,000 square feet.

3-403 Minimum Lot Width: To accommodate the Section 3-402 waiver request, the new smaller lots must be narrower than the 135 feet required for conventional development in the R-1 district. The applicant is requesting that the width of the lots be allowed to vary as low as 40 feet in width.  In general, as depicted on the proffered development plan, larger lots will have a width of 90 to 110 feet and the smaller lots will have a width of 40 to 60 feet.   

3-404 Minimum Front Yard:  In the R-1 district the requirement is for a 60-foot front yard setback.  The proposed development concept presents a more urban style community with the homes being set closer to the road and sidewalk.  The stated intent is to encourage more interaction among neighbors, promoting a more vital community. The applicant is requesting a reduction of the front yard requirement and is proposing a minimum of 15 feet from the sidewalk.

3-405: Minimum Side and Rear: The R-1 district calls for 25-foot side and rear yards.  Raymond Farm will develop as a small lot community of 5,000 and 10,000 square foot lots. The lots will be narrower and shallower than a conventional lot. The smaller (± 5,000 square feet) will essentially have a “zero lot line.” These lots are proposed to be as close as 3 feet to the side yard lot line and as close as 15 feet to the rear yard lot line. Since nearly all of the proposed lots will back up to multi-acre community open space, the applicant feels that a sense of openness will be retained even with the smaller lots. The applicant is, therefore, requesting a reduction in the side yards to a minimum of 3 feet, and rear yards to a minimum of 15 feet.

7-103 Residential Parking Spaces:  The Zoning Ordinance stipulates that, in addition to parking for residents of the units, residential developments must also provide one (1) space for each five (5) units for parking of residents' boats, recreational vehicles, etc. One-half (1/2) of such spaces must not be less than 12 feet by 30 feet. The Raymond Farm Home Owners Association will prohibit outside storage of recreational vehicles, boats, and other related vehicles such as trailers. Accordingly, the applicant requests the elimination of parking space requirements for boats, recreational vehicles and related trailers and vehicles.

Cul-de-sac Length:  Section 12-607 of the Zoning Ordinance states that the desirable maximum length for cul-de-sacs is 700 feet, but this length may be extended within reasonable limits based on physical design conditions with the approval of the Director and the resident engineer for VDOT. That Section also states that no cul-de-sac street shall be shorter than 200 feet in overall length including the turn-around or 100 feet in overall length exclusive of the turn-around.

The applicant had previously requested that the standard limitation of 700 feet of cul-de-sac length be waived for this development to allow for the construction of a cul-de-sac more that 1600 feet in length. The applicant has since eliminated the need for this cul-de-sac waiver by agreeing to extend the entrance boulevard through Parcel “C” to connect to, and shorten, the cul-de-sac in question (See Proffer Condition 11).

 

Staff Analysis:

Staff and 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.

Comprehensive Plan

The subject property is located in the Warrenton Service District and is currently planned and zoned for low-density residential development. The current R-1 zoning would allow the by-right development of up to 57 residential lots. The applicant estimates that with site constraints the parcel would yield in excess of 50 residential lots if developed as a conventional subdivision.

The applicant proposes to use PRD zoning to develop at slightly higher than the current zoning density, but clustering 64 building lots to the rear of the property, away from the frontage on Route 29. This approach was chosen to accommodate both a preferred smaller lot urban design and the provision of several proffered public amenities including:

  • Donation of approximately one-third of the entire site for use as publicly owned open space (± 19.2 acres).
  • Preservation of the existing “landmark pond” included in the public open space.
  • Preservation and donation of the existing home circa 1910-1919.
  • Preservation of trees surrounding the existing home.
  • Preservation of tree-lined drive.
  • Retention of approximately 50% open space.
  • Integration of open space areas via a trails system that would be open to the public.

The proposed plan is responsive to the input provided by the Citizen Planning Committee for the Warrenton Service District Plan Update.

Zoning Considerations

In accordance with Sections 3-200.5 of the Fauquier County Zoning Ordinance, the existing R-1 district is intended to promote and maintain single-family residential communities. The proposed development takes advantage of the greater flexibility of design afforded by the PRD district, but is at similar density and is compatible with the character of the surrounding neighborhoods. The applicant has requested several waivers of yard and set back requirements to accommodate the smaller lot sizes required by the preservation of the front acreage. However, to the extent that existing structures will be preserved, those structures must meet the minimum yard and set back requirements.

 

Engineering Considerations

The proposed design is predicated on the provision of public water and sewer. The site is within the Warrenton Service District. The applicant has a commitment of public water service from FCWSA, but has yet to obtain a commitment from the Town of Warrenton to provide sewer to the proposed development. Public water and sewer are integral to the proposed subdivision. The applicant needs to demonstrate that there is an agreement to serve the site. The applicant also needs to show where the connections to these services will be made. The applicant recognizes that the proposed development is dependent on the availability of public sewer, and has reflected that dependency in the proffered conditions. If sewer is not available, this rezoning application will be withdrawn.

The proposed development does not drain to the facility designated as the SWM/BMP facility.  Additional facilities may be necessary.  If this facility is used, as-built plans and a dam safety inspection will be required to determine if the pond meets state and county requirements.  Alterations may be required.

Soils

The predominant soil types are Fauquier silt loam 45B, Glenelg loam 52C, and Elioak loam 55C.  Fauquier silt loam is a very deep, well drained, and red clayey soil on undulating summits and gently sloping back slopes.  Glenelg loam is a very deep, well drained, micaceous, and dark brown loamy soil on summits and gently sloping back slopes.  Elioak loam is a very deep, well drained, micaceous, and dark red clayey soil on undulating summits and gently sloping back slopes.  These soils are rated good for general development using central water and central sewer.

The County Soil Scientist highly recommended that a Type I Soil Map and Report be obtained from the Fauquier County Soil Scientist Office for this property to identify highly sensitive environmental areas. This mapping should be completed before any further design is proposed on this property.

Summary and Planning Commission Recommendation:

The Planning Commission first conducted a public hearing and considered this application at its meeting on October 24, 2002 . At that meeting the Planning Commission, at the applicant’s request, deferred action on this Rezoning request. The purpose of the deferral was to allow the applicant more time to respond to issues and concerns presented at the public hearing, and to determine the availability of public sewer for the project from the Town of Warrenton .

The application has since been reviewed at two additional public hearings: November 21, 2002 and January 23, 2003. The January review included consideration amendments to include a number of requests for specific waivers. The requested PDR zoning designation allows extensive latitude in the granting of such waivers. The Planning Commission concluded that the majority of the requests (e.g. reduced yard and setback requirements) are reasonable accommodations to the extensive preservation of open space that is proffered.  None of the proposed waivers will impose any hardship or inconvenience on any County residents other than, perhaps, the future residents of this development. For the most part, the requested waivers involve aesthetic changes that the applicant sees as responsive to the market for the proposed development. Only the waiver of cul-de-sac length limitations was a subject of the Planning Commission’s concern. That waiver request has been eliminated by a change to the proposed street layout.

The applicant has responded to most of the concerns voiced at the Planning Commission’s public hearings. This response is in the form of updated proffered conditions that are included with this report as Attachment 1. The two biggest concerns of adjacent property owners who spoke at the public hearing were the proposed public access to the trail system passing through private areas of the Raymond Farm development, and the potential for construction in the designated buffer area. The applicant has addressed the latter concern by proffering that “The buffer area as shown on the development plan is to remain as open space and no construction of recreation facilities or other uses (unless required by Fauquier County) will be permitted within this buffer/setback area which adjoins residentially zoned and developed areas.” The proffer statement is silent on public access to the trail system, but the applicant has indicated the intention to retain this access as a component of the development plan.

The Planning Commission’s review of this application focused on the proposed rezoning and Conceptual Development Plan as an attractive response to both the type of development proposed in the Comprehensive Plan update for the Warrenton Service District and the desire of the Community to preserve a long-standing local landmark. The Planning Commission voted to forward a recommendation of approval for both RZ03-C-04, and the requested waivers, subject to the proffered conditions.

Action Requested of the Board of Supervisors:

The Board is requested to conduct a public hearing and take action on the proposed rezoning and requested waivers. The Planning Commission has recommended approval.

Financial Impact Analysis:

The current County Proffer Policy anticipates contributions by the developer of $14,730 per residential unit above the by-right density. The by-right density on this site would yield approximately 57 residential units. The proposed rezoning would yield 64 residential units. The difference of seven units is subject to the new proffer policy and is expected to yield a proffered contribution of $103,110. However, the applicant has proffered more than 19 acres for use as parkland; the preservation and improvement of the site’s existing pond; the preservation of the existing manor home for public use, along with its tree-lined drive; and the development of an extensive trials system that will be open to the public. The applicant values this proffered land, facilities and improvements at more than $2 million, and is seeking the acceptance of these amenities in lieu of the cash contribution anticipated by the proffer policy.

Departments, Organizations or Individuals that may be affected by this request:

Community Development

VDOT

Parks and Recreation

WSA

Town of Warrenton

Attachments:

  1. Applicant’s Statement of Proffered Conditions
  2. Applicant’s Request For Waivers
  3. Concept Development Plan (Pages A (page A is large and will require extra time to open), B , and C)
  4. Ordinance Approving RZ03-C-04