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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.
The Comprehensive Plan
The
property is located within the New Baltimore Service
District and is planned for development with varying degrees
of intensity. Approximately 26 acres are planned for
Commercial Neighborhood, ±12 acres are planned for Mixed-Use
Neighborhood (up to 3 dwellings per acre), and ±15 acres are
planned for Low Density Residential, with up to 1 dwelling
per acre.
The
existing C-1 (Commercial Neighborhood) zoning has potential
land densities and scale not compatible with C. Hunter
Ritchie Elementary School. If the commercial neighborhood
were to be developed at a 0.25 Floor Area Ratio
(i.e., a ratio of 1 square foot of retail space per 4 square
feet of lot area), the resulting complex would produce a
community shopping center along the lines of those
containing a junior department store (e.g., Peebles), a very
large grocery and drug store, and numerous smaller stores
totaling over 340,000 square feet.
The
transportation component of the New Baltimore Service
District Plan indicates that, in addition to Riley Road, a 2
lane urban road is planned to bisect the western portion of
the Gaines property. The planned location of this road is
at approximately the same location of the main entry road
shown on the applicant's CDP. Even if Riley Road at this
location were improved to four lanes in the future by VDOT,
it could not serve as both the primary entrance road to such
a commercial center and one of New Baltimore's few links to
U.S. Route 29/15. The applicant has proffered an
interparcel connection to the west to address this
Comprehensive Plan road alignment.
What
appears to be a planned overproduction of commercial space
has a more logical explanation. During the preparation of
the New Baltimore Service District Plan, a decision was made
that the land use map for the subject area would reflect
existing zoning. In part, this decision was predicated on
the understanding that while the area designated for
commercial development might be more than desirable, it was
also not sustainable by market forces.
The Plan
assumed that, at the appropriate time, the owner(s) would
work with the County, the elementary school, and the
neighborhood to "fine tune" a development proposal to strike
a more favorable balance between commercial and residential
development in the area. As envisioned by the Plan, the
applicant has scaled back some of commercial land use
intensity to proportions more consistent with the character
of the New Baltimore neighborhood and the capacity of Riley
Road. At the same time, they have proposed a denser
residential component to support the planned commercial
development.
It needs to
be noted that the Service District Plan includes a traffic
circle for the intersection of Route 600 and Route 676. The
purpose of this planned traffic circle is to provide a safer
distribution of traffic at the intersection and introduce a
traffic-calming element near C. Hunter Ritchie Elementary
School. Historically, in addition to proffered cash
contributions, developers have made proportionate
contributions to transportation improvements in the area of
their sites. The applicant has proffered a $25,000
contribution toward the signalization of the intersection of
Route 29 and Riley Road. In addition, a $25,000
contribution is also proffered for future improvements to
the Route 676/600 intersection, upgrading Riley Road between
Route 29 and Route 600, or for the intersection of Riley
Road and Route 29.
Requirements of the Zoning Ordinance
Section
13-202-4 of the Zoning Ordinance provides for amendments to
the adopted Comprehensive Plan, provided the applicant
presents justification based on one or more of the following
considerations:
-
Creative Concepts - presentation of innovative
approaches to land use not currently contemplated in the
Comprehensive Plan.
-
Oversights - the subject property was omitted or
misinterpreted in the original plan review process.
- Change
in Circumstances - there has been a significant change
in surrounding land use since the original Plan review
process.
- Goals
- the goals of the Plan would be better met with the
proposed modification, or better implemented if such
amendments are adopted.
-
Hardship - an applicant has a unique hardship on the
subject property not identified in the original Plan
review process. Such "hardship" shall be similar in
definition to that as defined in this Ordinance.
In the
document "Gaines Plan Amendment Presentation" (included as
Attachment 3), the applicant contends that the
proposed Comprehensive Plan Amendment addresses three of
these criteria: a change in circumstances, a significant
planning oversight, and a better means of attaining the
Plan's goals.
As evidence
of a change in circumstances since the adoption of the Plan,
the applicant cites an upgrade in supporting infrastructure
as reflected in the planned expansion of the Vint Hill
wastewater treatment facility. The applicant argues that
this upgrade brings with it an increase in both a demand and
capacity to support residential development that is not
adequately contemplated in the current Plan.
Staff does
not concur with this characterization. While the applicant
proposes a change in the allocation of sewage treatment
capacity (from commercial to residential development), such
a change does not constitute a change in the capacity
contemplated in the Service District Plan. The Plan
addresses both the initial and second phase capacity
associated with the expansion of the Vint Hill facility.
The Plan provides a specific analysis of New Baltimore
Service District's Proposed Local Sewers, including the
location of anticipated trunk lines. Although new lines are
now being constructed within the Service District, the
ultimate capacity of the plant has not changed since the
adoption of the Plan.
With regard
to the perceived planning oversight, the applicant maintains
that the current concentration of commercial neighborhood
use, without supporting residential development, creates a
market imbalance. The applicant contends that successful
commercial neighborhood development is dependent upon either
close proximity to a major thoroughfare or to a sufficiently
large residential community in order to attain the critical
market mass that will support diverse commercial activity.
The applicant further claims that the Plan's designation of
C-I uses some distance from U.S. Route 29/15 argues for a
stronger residential component in that area of the Service
District. Failure to provide for such a component is, in
the applicant's estimation, a "significant oversight" in the
planning process.
Finally,
the applicant presents the case that an improved balance of
residential and commercial development in this area would
bring the following benefits:
- It
would provide a more sensitive land use edge to the
Service District's eastern rural boundary in this area;
-
It would be more compatible with the existing C. Hunter
Ritchie Elementary School environment; and,
-
It would enhance the Plan's objective of protecting the
County's rural/agricultural areas.
The January
7, 2004 Proffer Statement has introduced a new proposal.
The "Land Use" proffer states that the apartment units shall
be permitted to share parking with the commercial uses and
are authorized zoning waivers as may be required to permit
design and construction as generally depicted on the CDP.
Zoning Ordinance waivers may not be approved by proffered
conditions with conventional rezoning applications. The
Board of Supervisors is permitted to grant Zoning Ordinance
waivers only with Planned Districts. The applicant's
Proffer Statement needs to be amended to remove this
reference. In addition, it is not clear that the CDP meets
all Zoning Ordinance and site plan requirements.
Additional Zoning-Related Comments
- The
townhouse proposal will require site plan approval, as
will the commercial and apartment development.
- In
accord with Section 7-603.2 of the Fauquier County
Zoning Ordinance, Residential Subdivisions, a landscape
plan will be required for the R-4 zoning district at
record plat or construction drawing phase.
- The
bulk regulations for the applicable zoning districts
should be shown on the plan.
- The
recreational area and trails should be shown on the
conceptual plan.
Engineering Considerations
The
Engineering Division has reviewed the applicant's requests
and has provided the following comments:
-
SWM/BMP's will be required for this site. More than 1
facility may be required to meet the minimum
requirements.
- Some
of the soils in these properties are characterized as
hydric. A wetland study should be performed and state
and federal permits obtained as required prior to Final
Construction Plan approval.
- The
proposed cul-de-sacs do not meet the minimum
requirements for length.
- It
should be noted that in an earlier submittal, several
dwellings were shown in the FEMA designated 100-year
floodplain. In response to staff comments, the
applicant has revised the CDP to relocate the dwellings
outside the floodplain.
The Engineering
Office verbally indicates that an additional proffer should
be included that states the following:
·
No modifications shall take place in the areas
currently designated as in the FEMA 100-Year Floodplain
until the revised floodplain has been approved by FEMA.
Soils/Environmental
After
reviewing the package submitted by Greenhorne and O'Mara,
Inc., and stamped by Robert C. Baker, L.S. on July 31, 2003,
the County Soil Scientist provided the following comments:
- As
stated in a July 23, 2003 staff report, the general
soils information showed areas of concern.
- A
detailed soil report will be needed in order for the
reviewing agencies to conduct a comprehensive review of
this project, particularly if this proposed subdivision
is submitted as a preliminary plat.
- The
applicant needs to complete the requirements for either
a Preliminary Soil Report or Type I Soil Map prior to
submitting a preliminary plat.
Proffer
Analysis
The
applicant has submitted a detailed Proffer Statement
outlining a significant number of improvements and/or
dedications both on and off-site, as well as a proposed cash
proffer to the County. The current proffer package reflects
revisions that address some of the needed refinements noted
by the Planning Commission. For example, the monetary
contributions are now proposed to be made at the building
permit application stage, and the credit for the off-site
Fire and Rescue site has been reduced from $850,000 to
$450,000.
As noted earlier,
the applicant proposes the dedication of more than 5.5 acres
for use as a Fire and Rescue site. This site may also be
used for a waste transfer/recycle center. The dedication of
the Fire and Rescue site is particularly significant. The
applicant currently controls a ±3.27-acre property that is
intended for dedication to the Fire and Rescue Service.
While the location of this property is desirable, it is
constrained by 100-year floodplain. Consequently, the
usable area does not offer enough property for Fire and
Rescue requirements. In order to accommodate these
requirements, the applicant has proffered to acquire and add
2.23 acres of land adjacent to the proposed public safety
site. The resulting 5.5-acre site would provide the Fire
and Rescue Service with a location for its new fire station
and a community hall.
The Table below
summarizes the cash contributions expected for Bishop's Run
public facilities. The Proffer Policy governing these
contributions covers environmental services, fire and
rescue, libraries, Parks and Recreation, Schools, and the
Sheriff.
Base Proffer
Calculation
Per Unit Cash
Contribution Per Proffer
Policy
$14,730
Proposed
Residential Units
168
Less By-Right
Residential Units in R-1 District (30)
Units Subject To
Proffer Policy
138
Calculated Cash Proffer (138 X $14,730/unit)
$2,032,740
As shown in
this base calculation, the number of units subject to the
Proffer Policy has been reduced by the units that would be
allowed by-right on the land currently zoned R-l. There is
no "by-right" residential density on the C-l property.
The
applicant has proffered cash contributions of $11,890 per
single-family detached and attached dwelling units after the
30th building permit. However, no contribution
is proposed for the apartment units or the other elements
included in County Proffer Policy. To help offset the other
Proffer Policy elements, the applicant has proposed credits
for the other items included in the proffer package,
resulting in a cash proffer as presented in the table below:
Proposed Credits
Contribution
Value
Schools:
Schools
cash payment for 118 units ($11,890/lot)
$1,403,020
Fire and
Rescue:
On-site Fire
& Rescue dedication (±3.27
acres) $ 110,624
Off-site Fire
& Rescue dedication (±2.23
acres) $ 450,000
Off-site Fire
& Rescue water
line
$ 35,000
Off-site Fire
& Rescue site preparation work
$ 25,000
Off-site Fire
& Rescue sewer
line
$ 45,000
Fire and
Rescue total
$ 665,624
Transportation:
Off-site traffic improvement
(Rt.676/Rt. 600) $ 25,000
Off-site
contribution to traffic signalization (Rt.676/Rt. 29)
$ 25,000
Transportation total
$ 50,000
Applicant's Proffer Contribution
Credits: $2,118,644
During the
Board of Supervisors' review of the proposed development,
the Board must determine whether the value to the County of
these proffers (e.g., cash contributions, land dedications,
actual improvements, and development opportunities) is
sufficient compensation for a very specific monetary loss by
not meeting the full Proffer Policy contribution of $14,730
per unit or $2,032,740 plus proffer contributions to offset
transportation impacts. In addition to the credits noted
above, the applicant has proffered an off-site WSA New
Baltimore 12-inch water main extension with a credit
proposed of $125,000. It is not clear what portion of the
water main extension is a necessary expense for the
development and what portion the credit reflects just the
over sizing requested by WSA. Attachment 4 is the
applicant's public facility analysis.
It is
important that the impact of the proposed residential
component of Bishop's Run on the School system not be
obscured by the debate over changing land use, public
facilities, and land dedication. The expected voluntary
contribution of $14,730 per unit contained in the County's
Proffer Policy includes cost increments for Environmental
Services, Fire and Rescue, Parks and Recreation, the
Sheriffs Department, and Schools. The Proffer Policy
allocates a cost to Schools of $11,850/unit. After
deducting the applicant's 30 by-right units from the
proposed 168 unit residential development, the Proffer
Policy anticipates a cash contribution of $1,640,820 for
schools alone. The applicant proposes a cash proffer of
$1,403,020 for 118 units, approximately 85% of the
anticipated amount if the apartment units are included.
Despite the existing proffer package, staff questions any
lesser cash contribution that will have a negative impact on
schools.
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