A RESOLUTION TO DENY REZONING APPLICATION REZN08-LE-007 AND SPECIAL EXCEPTION APPLICATIONS SPEX08-LE-028 AND SPEX08-LE-030: LIM
WHEREAS, Grace Lim and James Lim (a.k.a. In Seok Lim), owners, have initiated an application to amend the Fauquier County Zoning Map in accordance with the provisions of Zoning Ordinance Sections 13-202 to rezone approximately 6.7 acres (PIN #6899-16-6332-000) from Rural Agricultural (RA) to Commercial – Highway (C-2) and 1.56 acres (PIN #6899-16-9374-000) from Commercial – Highway (C-2) with proffers to Commercial – Highway (C-2) with revised proffers; and
WHEREAS, Grace Lim and James Lim (a.k.a. In Seok Lim), owners, are seeking Special Exception permits on parcels identified as 6899-16-6332-000 and 6899-16-9374-000 to allow for two drive-throughs; and
WHEREAS, the drive through uses are limited to a bank and pharmacy; and
WHEREAS, on February 26, 2009, the Fauquier County Planning Commission held the final public hearing on the Rezoning and Special Exception requests and unanimously recommended that the applications be denied; and
WHEREAS, on March 12, 2009 and June 11, 2009, the Fauquier County Board of Supervisors held a public hearing on the Rezoning and Special Exception requests and considered both oral and written testimony; and
WHEREAS, the Fauquier County Board of Supervisors finds in the matter of the Rezoning application REZN08-LE-007 and Special Exceptions SPEX08-LE-028 and SPEX08-MA-030:
1. That the provisions of the Zoning Ordinance for a Rezoning and Special Exception are not met in these applications, the Board of Supervisors finding that said applications will negatively impact the public health, safety, and welfare of residents of Fauquier County.
2. The proposed use will hinder and discourage the appropriate development and use of adjacent land and buildings and impair the value of adjacent land and buildings in violation of Section 5-006 of the Zoning Ordinance.
3. That the proposed use will be incompatible with existing or planned development in the general area, as set forth in Section 5-006 of said Zoning Ordinance, and will be incompatible with the Comprehensive Plan.
4. That the proposed use fails to comply with and is not in conformity with all the applicable standards of Article 5 or Article 13 of said Zoning Ordinance and all other applicable requirements of said Zoning Ordinance.
5. That the proposal does not conform to the Comprehensive Plan as it relates to uses, design standards and site layout in the Bealeton Service District.
6. That the Traffic Impact Analysis (TIA) indicates the development will produce service levels of E and F.
7. That the traffic impacts of the proposed use have not been mitigated.
8. That the proffers presume approval of waivers to access, landscaping and yard requirements, whereas such waivers have not been requested or analyzed.
9. That a waiver to allow access from both Routes 17 and future Church Road have not been requested or analyzed, but access to both is shown on the proffered Concept Development Plan (CDP); now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 11th day of June 2009, That SPEX08-LE-028 and SPEX08-LE-030, and REZN08-LE-007 be, and are hereby, denied.