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Staff
Review Agency Comments:
Staff and
appropriate referral agencies have reviewed this request for
conformance with the Comprehensive Plan, the Zoning
Ordinance, and other relevant policies and regulations.
Findings, comments, and recommendations are summarized
below. Following each comment is a staff note in italics
stating how the comment has been addressed.
Community Development Project
Background Information
- Site
plan regulations will require landscaping in conjunction
with the building of the church. Additional screening
between the parking area and the access way and between
the proposed church and the property boundaries would
help create a visual buffer between the parking areas
and the neighboring Mennonite Church and help soften the
hardscape, complementing the rural character of
surrounding development.
A Special Exception condition has been drafted to address
this issue.
- New
drainfields will be required. The location of these
drainfields could affect the ability to appropriately
screen the use from adjoining properties and/or Route
28. The current permit serving the three bedroom house
was issued in 1971 and a repair to that system was
issued in 1997 limiting use to 300 gallons per day. The
Health Department previously indicated that the
applicants will need to contact an AOSE (soil
consultant) to establish a proposed drainfield/reserve
area and well site to serve a church. The drainfield/reserve
area would be sized according to the number of church
members and the gallons used per day per member.
The applicant is working with an AOSE who has determined
that there is adequate septic capacity on the site for the
place of worship use and the existing house, which will
ultimately be used as a parsonage.
- Gravel
parking spaces require approval of a dustless surface
waiver, since gravel is considered a dust creating
material. This can be addressed at the time of site plan
review. The Applicant will be required to adequately
demonstrate that traffic is of either a low volume or is
infrequent to the site.
Information for the applicant.
Zoning
1.
A site plan is required for the proposed church use
pursuant to Zoning Ordinance Section 3-306.
Information for the applicant.
2.
This application was originally submitted for BZA
consideration. However; staff found that an approval of a
reduction in open space to zero was approved on May 25,
2000, tying permitted uses on the property to that shown on
a Special Exception Plat prepared by D. Thomas Basham dated
6-9-1998 (SEA98-CR-01). Therefore, the use requires a
special exception amendment and special permit. This
application is being processed concurrently with Special
Permit # SPPT09-CR-014 in order to amend the plat to remove
the Retreat Center use and to add the proposed Church use.
Therefore, if this Special Exception is approved, uses on
the property will be limited to that shown on this amended
plat, namely, a church and parsonage.
Important background information.
3.
The condition that the property be deed restricted to
prevent further subdivision is not affected by this
amendment.
Background information.
4.
A Major Site Plan is required for this use pursuant
to Zoning Ordinance Section 3-306.
Information for the applicant.
5.
This Special Permit being processed concurrently with
Special Exception Amendment # SEAM09-CR-003.
Background information.
6.
This application was originally submitted for BZA
consideration. However; staff found that an approval of a
reduction in open space to zero was approved on May 25, 2000
tying permitted uses on the property to that shown on a
Special Exception Plat prepared by D. Thomas Basham dated
6-9-1998. Therefore; the use requires a Special Exception
Amendment and Special Permit.
Background information.
7.
The following zoning ordinance standards are
applicable:
a.
5-006, General Standards;
b.
5-601 Standards for All Category 6 Uses;
c.
5-602 Additional Standards for Places of Worship.
- Zoning
staff defers to Planning staff for evaluation of the
standards.
The proposed building on the site will be visible from
the road whereas the previous use was to be located in
existing buildings in the back of the property. The
capacity of the proposed building is similar to the
previously approved use on the site (Jones Retreat Center),
but, in addition, the house will be used as a parsonage.
The Dayspring Mennonite Church is located on the
adjacent property, so on Sundays both sites could have their
peak traffic movements at the same time.
The applicant’s AOSE has demonstrated that it has
adequate septic capacity and water supply.
Technical Division
The
Technical Division has reviewed the plans for the above
special exception amendment (Category 6), letter signed by
Jeffery D. Wickert dated October 29, 2008, and has the
following comments:
Soils
Code
Compliance:
Applicant
shall provide soil information/analysis that indicates the
feasibility of drainfields on parcel (Zoning Ordinance
5-011).
A Special Exception condition has
been drafted to this effect.
Findings:
1.
18 percent of the site is mapped as soils with a
marginal potential for development using conventional septic
tanks and drainfields; 12 percent, poor; 70 percent not
suited. The major limitations are depth to bedrock, depth
to watertable and shrink – swell potential.
Information for the applicant.
2.
28 percent of the site is mapped as hydric soils and
42 percent as map units with the potential for hydric soil
inclusions. The presence of hydric soils indicates the
possible presence of jurisdictional wetlands, which are
protected under federal law. If there are jurisdictional
wetlands present, they can reduce the area available for
development. Also, during the site plan process a
jurisdictional determination by the Corps of Engineers,
which legally identifies the presence and limits of
jurisdictional wetlands, will be required.
Information for the applicant.
3.
70 percent of the site is mapped as soils with a high
shrink-swell potential. Due to the ability of shrink-swell
soils to damage foundations and structures, a geotechnical
study will be required prior to issuance of a building
permit. The geotechnical study will evaluate the soil’s
ability to support a building foundation and propose any
necessary modifications to the foundations.
Information for the applicant.
4.
26 percent of the site is mapped as FEMA 100-year
floodplain. When siting the well, bear in mind that wells
cannot be located in the floodplain (Fauquier County Code
19-11). Locating drainfields (primary or reserve) in
floodplains is not recommended.
Information for the applicant.
5.
The parcel is not located in a service district so a
200 percent drainfield reserve shall be required.
Information for the applicant.
6.
Due to the proposed number of occupants, the well
will have to meet the Virginia Department of Health’s
requirements for a community water supply. The Fauquier
Office of the Virginia Department of Health can provide
these requirements. When siting the utilities, bear in mind
that Fauquier County Ordinance does not allow wells to be
located in drainageways or swales.
A Special Exception condition has
been drafted to this effect.
7.
20 percent of the site is mapped as Prime Farmland
(soil map units 73B, 74B and 75B) and should be protected to
the maximum extent possible.
A Special Exception condition has
been drafted to this effect.
8.
Additional information (preliminary soil report,
geotechnical investigation, etc.) may substantially change
comments.
Information for the applicant.
Future
Actions: (at site plan phase)
Preliminary
Soil Report
Geotechnical
Investigation
Jurisdictional Determination
Information for the applicant.
Conditions of Special Exception Approval:
1. See code
compliance.
2.
Drainfields shall not be located in FEMA 100-year
floodplain.
3. Prime
Farmland shall be preserved to the maximum extent possible.
Special Exception conditions have
been drafted to this effect.
Erosion &
Sediment Control
No comments.
Engineering
Finding:
1.
FEMA floodplain is shown on the 32.5 acre parcel;
however, no development is proposed within the floodplain
based on the attached special exception plat.
Background information.
Future
Actions: (Shall be addressed on the final site plan)
1.
Based on the proposed area of land conversion, the
site plan will require stormwater management in accordance
with the Northern Virginia BMP Handbook. Water quality
measures shall provide a minimum of 80% site coverage and
40% phosphorus removal using the Occoquan Method. (Fauquier
County Design Standards Manual (FCDSM) 201.8 #1.A.2, 203.2
#2, 204.2 #2, and A204.2.2)
Information for the applicant for
Final Site Plan phase.
2.
It appears that the land disturbance associated with
this project will occur on soils that are hydric or may have
hydric inclusions. This will require a jurisdictional
determination from the USACE to determine if the site has
wetlands. The applicant shall assure that all applicable
environmental permits have been acquired for the project
prior to approval of the final plan. (FCDSM 201.8 #4)
Information for the applicant for
Final Site Plan phase.
3.
All receiving channels shall be checked for adequacy
in accordance with the Virginia Erosion and Sediment Control
Handbook Minimum Standard #19. All culverts are to be
designed to convey the 10-year storm event. (FCDSM 201.8 #3)
Information for the applicant for
Final Site Plan phase.
VDOT
The Warrenton Residency reviewed the above referenced
Special Exception Amendment/Special Permit to operate a 255
seat church. Based on combined traffic generation
information for the proposed 255 seat church and the
existing 300 seat Mennonite church, our Commercial Entrance
Worksheet indicates that both a left and right turn lane
will be needed for the site. The site plan for the
Mennonite church only required a 150’ taper at the time this
was approved, and would need to be upgraded.
The applicant will comply with VDOT requirements. A
Special Exception condition has been drafted to this effect.
The applicant has met with VDOT staff. VDOT has verbally
agreed to have the church improve the right turning lane
from a 150’ taper to a 200’ regular turning lane, and forgo
the left turning lane at this time. The applicant has
submitted this formal proposal in writing to VDOT and
anticipates formal comments on it as part of the Site Plan
process.
Planning Commission Summary and Action of January 29,
2009
The Planning Commission discussed this item at its work
session. A public hearing was held at which two members of
the public spoke in favor of the project. The Commissioners
agreed the use was appropriate at this site and unanimously
recommended approval, subject to conditions.
Planning Commission Summary and Action of December 10,
2008
The Planning Commission discussed this item at its work
session. The Zoning Administrator provided background
information and stated that the proposed use may not be
appropriate because the reduction in open space was given
based on the use being a retreat center, with much visible
open space. A public hearing was held at which one member
of the public, an adjacent property owner, spoke in favor of
the facility. The public hearing was postponed until
January 29, 2009.
Summary and Recommendations:
The
applicant has addressed the referral agency comments and
Special Exception conditions have been drafted for the
proposed use. The applicant’s AOSE has provided
calculations to demonstrate that they have adequate septic
capacity on the site.
On May 25,
2000, this site had its non-common open space reduced to
zero based on a plan for a retreat center at the rear of the
site. While this is not specifically an application for a
reduction in non-common open space, the issues are much the
same. The Board of Supervisors will need to determine if
the proposed church in this location will diminish the rural
character of the area.
Requested Action of the Board of Supervisors:
Conduct a public hearing and consider the
attached
resolution.
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