resolution

A resolution to approve A Special Exception Amendment (SEAM07-SC-005) to Revise Conditions Related to the approved Commercial Center and a Special Permit Request (SPPT07-CR-018) to Allow For a Retail / Shopping Center Between 20,000 and 50,000 Square Feet, SCOTT DISTRICT

whereas, Bishop’s Run, LLC, applicant, is seeking a Special Exception amendment to revise conditions related to the approved commercial center (SOEX05-SC-005) and a Special Permit to allow for a retail/shopping center between 20,000 and 50,000 square feet; and

            WHEREAS, on March 29, 2007, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception amendment and Special Permit request; and

            WHEREAS, on March 29, 2007, the Fauquier County Planning Commission recommended approval of the applications, subject to conditions; and

            WHEREAS, on May 10, 2007, the Fauquier County Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, on May 10, 2007, the Fauquier County Board of Supervisors concurred with the Planning Commission and determined that the application satisfies the standards of Zoning Ordinance Articles 5-006, 5-100, and 5-1200; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 10th day of May 2007, That SEAM07-SC-005 and SPPT07-SC-018 be, and are hereby, approved, subject to the following conditions:

1.      The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.      This Special Exception and Special Permit is granted only for the purpose(s), structure(s), and/or uses indicated on the Special Exception and Special Permit Plat prepared by Rickmond Bury Engineering Solutions dated December 11, 2006 and signed by Paul Bernard on December 27, 2006 received in the Department of Community Development on February 7, 2007. 

3.      A Site Plan shall be required, pursuant to Article 12 of the Zoning Ordinance.

  1. The development of the property shall be in general conformance with the Special Exception and Special Permit Plats prepared by Rickmond Bury Engineering Solutions dated December 11, 2006 and signed by Paul Bernard on December 27,2006 received in the Department of Community Development on February 7, 2007 except as modified by these conditions, with the following ranges in residential, commercial and industrial uses: 

                        Residential:                             20 units

                        Office:                                     5,000 square feet – 7,500 square feet

                        Retail:                                      15,000 square feet – 20,000 square feet

                        Restaurant:                              7,000 square feet – 8,500 square feet

                        Day Care:                                8,000 square feet – 9,500 square feet

                        Police/Sheriff:                         1,500 square feet – 1,650 square feet

The office, retail and restaurant square footages may increase among these uses with a reciprocal decrease in one or two of these uses.  However, in no event shall the total amount of commercial development exceed 40,000 square feet.

  1. The building labeled “Daycare” on the aforementioned Plan shall only be used as a daycare facility.  If the building’s use changes, a new parking analysis shall be submitted along with a revised Site Plan, for any different use, to determine if the overall number of parking spaces at the site is still consistent with the parking reduction granted with this Special Exception.

6.      The property association agreement shall be provided to the County for review and comment prior to Site Plan approval as it relates to stormwater management/BMP facilities, landscaping, parking agreements/arrangements, parking lot maintenance, private streets, open space, etc.

7.      The maximum number of apartment units shall be twenty (20). 

8.      The maximum number of bedrooms per unit shall be one (1).

9.      The apartments shall not exceed 1 ˝ stories (one level with a loft).

10.  Apartments shall be limited to the 2nd floor and above.

11.  This Special Exception approval grants a 20% reduction of the number of parking spaces required pursuant to Zoning Ordinance Sections 5-103.2.e, 7-102.3 and 7-102.4 for the non-residential components of the development and removes the requirement for visitor parking spaces for the residential portion of the development.  This allows for 280 parking spaces, as a reduction from the required 347 spaces.

12.  The Shared Parking Agreement shall be provided to the County for review and approval prior to Site Plan approval.  This Agreement shall provide that all tenants shall share parking rights for a specified number of parking spaces; however, a limited number of parking spaces may be assigned to a particular user/tenant.

13.  Overnight parking of boats, trailers, or camper type vehicles shall not be permitted on the site.

14.  The minimum front yard shall be 14 feet measured from the property line in accord with Zoning Ordinance Section 5-103.2.c.

15.  Per the Proffer Statement, as revised on May 17, 2004, the uses allowed with this Special Exception shall be those uses identified in Article 3 of the Zoning Ordinance permitted in the C-1 zoning district, except the following or similar uses shall not be permitted in mixed residential use buildings:

a.       Auto Repair Garage

b.      Car Wash

c.       Motor Vehicle Impoundment Yard

d.      Automobile Sales

e.       Broadcasting Studio

f.       Recreational Vehicle Storage Area

g.      Kennel/Animal Shelter

h.      Funeral Home

i.        Recycling Center

In addition, the following or similar uses (although not addressed in the proffers) shall not be permitted in mixed residential use buildings:

j.        Medical Care Facility, Minor or Major;

k.      Golf, Miniature;

l.        Veterinary Clinic;

m.    Furniture Repair, Cabinet Making, Upholstery, More Than 5,000 sq. ft.;

n.      Welding, Sheet Metal Shops, Less or More Than 5,000 sq. ft.; and

o.      Any Category 14 Use Except Vehicle Part Sales, Installation (Not Including Repair Garage).

16.  This Special Exception approval does not remove any Site Plan, Administrative Special Permit, Special Permit or Special Exception approval required for specific uses permitted in the C-1 zoning district, pursuant to Article 3 of the Zoning Ordinance.

17.  The Bishops Run Retail Center entrance shall meet the Virginia Department of Transportation (VDOT) design requirements.

18.  Landscaping along Riley Road shall be consistent with VDOT requirements as promulgated in its “Guidelines for Planting along Virginia’s Roadways.”

19.  The property owners association shall be responsible for the continued upkeep and maintenance of landscaping within the retail center complex.

20.  The architectural appearance of the mixed-use residential buildings shall be as shown on the rendering received in the Planning Office August 27, 2004, entitled “Town Center Mixed Use Complex.” 

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