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Topic
Description:
The
applicant wishes to rezone approximately 4.5 acres from
Residential-1 (R-1) to Commercial-Highway (C-2) and to amend
the existing proffers on the balance of the property (9.5
acre portion) in order to allow for more diverse land uses.
Project
Update:
On April 27,
2006, the Planning Commission held a public hearing on this
item. At the meeting, the applicant distributed a new set
of proffers, which committed to removing “retail over 50,000
square feet” onsite and clarified the commitment for utility
relocation within VDOT right-of-way. The Planning
Commission forwarded this item to the Board of Supervisors
with a unanimous recommendation of approval.
Proffers:
The excerpts
below are highlights from the revised Proffer Statement:
LAND USE
1.
The primary commercial use on the Property may
include offices (professional and medical), financial
institutional with a drive thru, eating establishments
(including fast food), support retail and other uses allowed
by ordinance except those uses listed in the next sentence.
In addition, new and used auto sales establishment(s)
shall be permitted with all vehicles stored either indoors
or, if stored outdoors, behind the “BRL” (building
restriction line). Further, any vehicles stored behind the
BRL shall be buffered with landscaping and (if secured) a
board on board fence or an equivalent aesthetic
barrier/buffer.
2.
The following commercial uses shall be prohibited on
the subject Property:
a.
Bus or Rail Terminal.
b.
Interment uses.
c.
Outdoor Auction Establishment.
d.
Motor vehicle impoundment yard.
e.
Recreational vehicle storage area.
f.
Kennel/animal shelter.
g.
Auto Body/Painting Establishment.
h.
Meeting Halls.
i.
Private Club.
j.
Bowling Alley.
k.
Recycling Center.
l.
Funeral Home.
m.
Frozen Food Locker.
n.
Truck/Horse/Crop/Livestock Farm.
o.
Telecommunications/Broadcasting Antenna.
p.
Bulk storage of petroleum products(does not preclude
gas stations)
q.
Truck Stop.
r.
Motor Freight Terminal.
s.
Bus Terminal.
t.
Sewage treatment system, disposal and water
purification.
u.
Medical Care Facility, Major.
v.
Carnival, circus, festival, fair, tractor pull,
horse show, dog show, steeplechase, pony ride, turkey shoot
and other similar activities but does not prohibit the sale
of Christmas trees and other seasonal commodities.
w.
Outdoor firing range, skeet or trapshooting
facility.
x.
Travel trail park.
y.
Drive-in or other movie theatre.
z.
Gold driving range.
aa.
Spectator and Non-spectator Field Events and
Activities (Class A).
bb.
Spectator and Non-spectator Field Events and
Activities (Class B).
cc.
Spectator and Non-spectator Field Events and
Activities (Class C).
dd.
Conference center.
ee.
Arena/Stadium.
ff.
Fairgrounds.
gg.
Wedding chapels.
hh.
Mobile home sales, rental and service.
ii.
Helistops.
jj.
Truck stop.
3. In addition to the referenced land use exclusions,
Applicant shall have only one (1) fast foot restaurant with
a drive-thru and one (1) convenience store with gas pumps,
which shall be limited to 16 “service hoses”. This
restriction does not encompass confectionary/coffee/ice
cream specialty use(s)
Other
proffer highlights include
·
Each site plan that fronts on or has a
“boundary” adjacent to Route 29 shall provide a twenty (20)
foot landscape buffer (outside the VDOT right-of-way) along
said area consistent with the Route 29 landscaping
illustrated on the CDP.
·
All buildings/structures shall be limited to a
maximum height of forty (40) feet. This height restriction
shall be at the mid-point of a pitch roof or to the top of
the building parapet.
·
Roof colors shall be neutral or subdued “earth
tones” plus black.
Project
Background:
On February
21, 1995, the Board of Supervisors rezoned approximately 9.5
acres of the aforementioned property’s 14.22 acres from R-1
to C-2. The proffers limited the commercial uses to a
landscaping business and to some small-scale office and
retail uses. Since that initial rezoning, additional land
use changes, provision of public water and sewer service and
transportation improvements have occurred in the vicinity of
the project. Recent project approvals include the Bishop’s
Run and the White House Rezonings.
The
applicant states its intent is to rezone the balance of this
property, approximately 4.5 acres of land from R-1 to C-2
and to amend the existing proffers on the 9.5 acre portion
of the property. It envisions that the land uses would be
office and retail consistent with the C-2 zoning district
and that the uses would have appropriate site design and
landscaping consistent with an attractive commercial center
along the gateway to Fauquier County and the New Baltimore
Service District. Buffers are proposed along the property’s
borders with the nearby residential community. Access to
the site is proposed from designated right and turn lane
along Route 29, as approved by VDOT.
The
applicant has included provision of an interparcel
connection to the parcel located to the east of the subject
parcel. This road would be located directly behind the
parcels that front the highway. It would be located outside
of the FEMA 100-year floodplain and it would provide
interparcel connectivity to an area designated in the
Comprehensive Plan Mixed-Use. The proffers also include
architectural, signage, lighting and landscaping guidelines
for the site.
Along with
the provision of interparcel access, the proposed project
entrance shall be restricted to right turn ingress/egress
movements and. For any Site Plan filing, the applicant will
also be required to submit a Traffic Impact Analysis (TIA)
to VDOT and the County due to the site’s location on the
highly traveled U.S. 15/29. There is one exception to the
TIA identified in the proffers; if one (1) fast food
restaurant and/or convenience store with gas pumps (limited
to 16 pumps) and one other identified low impact use (as
identified in the proffers) are on the site, they are exempt
from this TIA requirement. The applicant shall also
dedicate 25-feet of right-of-way along its Route 29 property
frontage and make other necessary turn lane improvements.
The Concept
Development Plan (CDP) shows an illustrative of the site as
one large piece. Depending on the market, the land may be
divided up into several lots or have only one primary use.
In the event that the site is developed with more than two
(2) commercial uses, the applicant shall situate a low
impact use in the area currently zoned R-1 and planned for
Mixed-Use. This would then serve as a transition between
the highway commercial uses and the existing residential to
the south and east.
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