Board of Supervisors Meeting Date:


Karen E. Cosner, Trustee, Owner

Shenandoah Development, LLC, Applicant


May 11, 2006

Staff Lead:


Melissa Dargis, Assistant Chief of Planning


Community Development


Magisterial District:





Service District:

New Baltimore



An Ordinance to Approve the Cosner Rezoning REZN05-SC-015 and REZN05-SC-016:  A Rezoning Request for 4.5 Acres of Land from Residential (R-1) to Commercial - Highway (C-2) and to Amend the Existing Proffers on the Remaining 9.5 Acres


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.


The excerpts below are highlights from the revised Proffer Statement:


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.


Land Area, Location and Zoning:    

The property is located on the east side of Route 15/29 at 4545 Lee Highway in New Baltimore.  A map is shown below with the parcels outlined in orange.  The blue cross-hatch represents the FEMA 100-year floodplain.  The light green line that divides the parcel illustrates the two portions represented in this application; the 9.5 acres is nearest the highway and the 4.5-acre portion sits behind it.




Neighboring Zoning/Land Use:


The property is bounded by U.S. 15/29 to the north; Residential (R-1) to the east and south; and Commercial (C-2) to the west.


Action Requested of the Board of Supervisors: 

Conduct a public hearing and consider adoption of the attached resolution.


Staff Analysis:

Staff and the 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 actual responses from referral agencies are included available upon request.

No new referral agency comments have been received since the March 30, 2006 Planning Commission meeting.                         

Summary and Recommendations:

Consider the Planning Commission recommendation of approval for this rezoning and Proffer Statement Amendment request.  The applicant has worked diligently to address referral agency comments and incorporate requested Planning Commission refinements into the project.  Staff notes that this rezoning request is consistent with the Comprehensive Plan land use designation for this area within the New Baltimore Service District.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Fauquier County Department of Community Development

Virginia Department of Transportation


Proffer Statement 

Concept Development Plan

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