PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

W. Robert Gaines, Trustee, Owner

Angler Development, LLC, Applicant

May 17, 2004

Staff Lead:

Department:

Elizabeth A. Cook, Chief of Planning

Community Development

Magisterial District: Scott

PIN:

Service District:  New Baltimore

7916-22-4949-000

7916-12-8941-000

Topic:

A Resolution to Deny Comprehensive Plan Amendment CPA03-S-09 and Rezoning Request RZ03-S-17, Bishop's Run

An Ordinance to Approve Comprehensive Plan Amendment CPA03-S-09 and Rezoning Request RZ03-S-17, Bishop's Run

Topic Description:

The subject property is within the New Baltimore Service District Plan and planned for Low Density Residential Up to 1 Dwelling Per Acre, Mixed Use Neighborhood: Planned Commercial & Up to 3 Dwelling Units Per Acre, and Commercial Neighborhood.  The site encompasses 62.8901 acres; with 31.3806 acres zoned Residential (R-1) and 31.5095 acres zoned Commercial - Neighborhood (C-1).  The applicant proposes to create a mixed-use community by retaining approximately 9.14 acres of the existing C-1 zoning and rezoning the balance of the property to Residential (R-4) Conventional and Cluster. 

To permit the development as proposed, the applicant is seeking a Comprehensive Plan Amendment to change the land use designations from Low Density Residential, Commercial Neighborhood, and Mixed Use Neighborhood Up to 3 Dwellings Per Acre to a new land use designation of Low Density Residential up to 3 Dwellings Per Acre (single-family attached permitted).  The applicant also wishes to rezone ±53.75 acres from R-1 and C-1 to R-4 and to retain 9.14 acres of C-1, which has been made subject to the Concept Development Plan and Proffer Statement.

Requested Action of the Board of Supervisors:

Hold a public hearing and consider adoption of the attached resolution.  An ordinance approving the Comprehensive Plan Amendment and Rezoning is also provided for the Board's consideration.

Project Update:

On April 19, 2004, the Board of Supervisors held a public hearing on the proposed Comprehensive Plan Amendment and Rezoning request.  Action was postponed due to a required public notice defect.  The proposal has not been modified since the April 19^th public hearing.

On March 15, 2004, the Board of Supervisors held a public hearing on the proposed applications.  At that time, the Board postponed action on the applications to allow time for additional refinements to the proposed development.  Attached for reference is the March 15^th staff report.

Prior to that meeting, the applicant submitted revised proffers that included a contribution toward the County's Purchase of Development Rights Program (PDR).  Subsequently, the applicant has made additional modifications to the proffer package, which are summarized below:

1. The applicant has proffered to contribute $15,230 per single-family unit commencing with the 111^th unit to be applied to the purchase of development rights.  This figure includes the $14,730 proffer policy contribution for public facilities.  The proffered contribution would total $197,990 for the remaining 13 single-family units.

2. Using these funds, the applicant will seek to acquire and extinguish the residential development rights on property in the general vicinity of the proposed development.

3. If the applicant has not acquired these development rights by the 111^th residential building permit, then the applicant will pay $20,000 per single-family unit to the Board of Supervisors for use in the County's Purchase of Development Rights Program.

4. The applicant has agreed to contribute $4,750 for each apartment unit authorized and constructed to be applied to the Purchase of Development Rights in the County.  This would total $95,000 if all apartments were approved with a future Special Exception.

5. The proposed landscaping along Riley Road may be modified to be consistent with the Fauquier County Water and Sanitation Authority (WSA) guidelines for those areas subject to WSA easements.

During the Board of Supervisors' March public hearing there was discussion regarding the number of residential units for this property envisioned in the current Comprehensive Plan land use designations.  While there is no clear total number of units identified in the Service District Plan, staff has made density calculations based on the land use designations with some residential density given to the commercial properties for a maximum of 110 units.  This number does not factor in the 9.14 acres proposed to remain C-1 with the proffered maximum potential of 20 apartments.

Staff's analysis of the potential density on the east side of Riley Road would allow a maximum of 18 units for the Low Density Residential (+18 acres) area and 26 units for the Commercial Neighborhood (+13 aces) area.  This envisions a residential density of 2 units per acre for the Commercial Neighborhood area.  On the west side of Riley Road, the Mixed Use Neighborhood (+13 acres) and the Commercial Neighborhood (+9 acres) could result in an upper range of 39 and 27 units, respectively.  This number reflects the maximum of 3 units per acre in the mixed-use area and 3 units per acre for the commercial area. 

The Service District Plan specifically notes that "limited residential uses" will be allowed in the Commercial Neighborhood areas.  No specific density number is indicated, however, the Plan does suggest a density range of 1 to 3 units per acre for the area north of South Run.  Prior to the most recent Zoning Ordinance text amendment, the Zoning Ordinance permitted single-family detached development at 4 units per acre, as well as townhouses (7 units per acre) and garden apartments (13 units per acre) with Special Permit approval by the Board of Zoning Appeals (BZA).  Now, the Zoning Ordinance permits apartments over commercial uses up to 8 units per acre with a Special Exception that must be approved through the Board of Supervisors.  With the articulated Service District densities and the possible densities permitted under the Zoning Ordinance, staff believes that assigning a possible two units per acre on the east side and three units per acre on the west side of Riley Road would seem to be the upper density range suggested by the Plan.

Summary and Recommendation:

The applicant has continued to work diligently with staff to address those issues identified by the Planning Commission and Board of Supervisors.  As revised, the proffers make provision for the applicant to attempt to acquire and purchase the development rights for property in the general area, and provide for an increased contribution if the developer does not purchase those development rights.  In addition, the applicant has made a proffer contribution of $4,750 to reflect the impact of the proposed apartment units, which is also targeted to the PDR program. 

The significant issue remaining for the Board of Supervisors' consideration appears to be the appropriateness of the proposed Comprehensive Plan Amendment, and the resulting increase in density for this area of the New Baltimore Service District.  Based on the Planning Commission's recommendation of denial, a resolution to deny the requests is provided for the Board of Supervisors' consideration.  However, staff has provided an ordinance approving both the Comprehensive Plan Amendment and Rezoning for the Board's consideration.  Acceptance of the applicant's proffer package will result in a determination by the Board of Supervisors that the Fire and Rescue site, the WSA pump station site, and the Transfer/Recycle Center site qualify toward meeting the open space requirements of the development.  This determination is consistent with previous Board of Supervisors and Planning Commission action on other rezoning and subdivision applications with public facility sites including the Brookside and Warrenton Chase developments.