PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

C.W. Ritchie and Amanda W. Ritchie,
John W. Trumbo and Barbara Pryse Trumbo,
Robert H. Trumbo and Shirley Ruth Trumbo,
Robert H. Ritchie, Jane R. Gibson & Thomas Ritchie
(Owners)/Middleburg Bank (Applicant)

June 11, 2009

 

Staff Lead:
Holly Meade, Senior Planner

 

Department:
Community Development

 

Magisterial District:
Marshall

Service District:
Marshall

PIN:
6969-58-6649-000, 6969-58-6605-000,
 6969-58-5641-000, & 6969-58-4589-000

 

 

Topic:

A Resolution to Approve SPEX09-MA-010, WAVR09-MA-020, WAVR09-MA-021, WAVR09-MA-022, WAVR09-MA-023, and WAVR09-MA-024  – A Category 13 Special Exception for a Drive-Through Facility to Accommodate a Bank and Five Waivers to Allow for a Reduction of the Front Setback, a Secondary Entrance on a Higher Access Street, a Cross/Cooperative Parking Agreement, a Reduction of the Cooperative Parking Requirements, and a Reduction of the Front, Side, and Rear Buffer Requirements

 

Project Information:

Middleburg Bank currently has a small office in Marshall located across the street from this proposed location.  They are interested in expanding their business while remaining in Marshall.  This proposal includes demolishing the existing buildings and constructing a new two-story 5,950 square foot bank with a drive-through facility.  The bank is allowed by-right in the Commercial - Neighborhood (C-1) Zoning District; however, the drive-through facility requires Special Exception approval.  The applicant is proposing two (2) drive-through lanes for the bank.  The drive-throughs are proposed on the side of the building adjacent to the existing IGA grocery store parking lot.  The applicant is proposing drive-through lanes that would be covered with a canopy and be placed as far back on the side of the building as possible with the intent of blocking the view of them from Main Street and allowing for adequate stacking spaces both for the drive- through and for vehicles exiting onto Main Street.

In order to develop the site as proposed, five modification or waiver requests are being processed concurrently with the Special Exception request.  These requests will allow the site to be developed as a traditional townscape in accord with the Comprehensive Plan and in a manner consistent with the existing buildings fronting Main Street.  Details of these waiver/modification requests are provided in the Staff Analysis section of the staff report.

The applicant has worked with staff and various members of the Planning Commission and Board of Supervisors to develop acceptable language for a condition of development addressing future ingress/egress between Frost Street and the IGA property in the form of a future public alley.  This language has been included in condition number 22 for the Board of Supervisors’ consideration.  In addition, the Special Exception plat has been revised since originally submitted, to allow right-out or left-out exits onto Main Street.  The Special Exception plat is included as Attachment 2

Location, Zoning and Current Land Use:

The property is located at the intersection of West Main Street (Route 55) and Frost Street (Route 1003) in Marshall. The site is zoned Commercial-Neighborhood (C-1).  The subject site is occupied by a 5,900 square foot stucco building which houses a carpet store and an 828 square foot tire shop housed in a block building.  

middleburgzoning.bmp

Surrounding Zoning and Current Land Use:  

The surrounding property is zoned Commercial – Neighborhood (C-1) with the exception of three parcels to the northwest zoned Residential (R-4). There is an existing bank (PNC) and parking area to the northeast across Frost Street, an existing grocery store (IGA) to the northwest with other commercial and residential structures across Main Street to the south of the project. 

middleburgaerial.bmp

Comprehensive Plan/Land Use: 

The Comprehensive Plan designates this area as Mixed Use.  The Marshall Service District Plan developed by a local citizen’s committee and adopted by the Board of Supervisors in 2003 states the desire is for “Main Street to fill in and prosper with more shops and businesses.”   

The Marshall Service District Plan sets forth key principles regarding business development and the vitality of its Main Street.  The Plan states:  “The community has determined that new development should be focused in and around the village core, along Main Street, and that all new development should serve to reinforce the vitality of Main Street, rather than compete with it or undermine it.  Thus, the core of Marshall will continue to serve as the market center and economic engine of surrounding agricultural and rural residential area, and to serve as a central meeting place for local residents, employees, and visitors.”

Some of the key goals for the Marshall Service District are as follows: 

·         Revitalize Main Street as the core element of Marshall with shops, apartments, businesses and other commercial enterprises thriving in the historic downtown.

·         Maintain and enhance the existing traditional grid pattern of streets; maintain and expand neighborhood interconnections as new development occurs.

·         Provide tree-lined streets and a network of sidewalks, trails and bike paths that link residential neighborhoods with Main Street, other commercial and employment centers, and public facilities within and adjacent to the community.

·         Maintain and enhance the pedestrian friendly nature of Marshall with a human-scale streetscape and architecture.

·         Provide adequate parking, including on-street parallel parking to help calm traffic, as well as adequate off-street parking near Main Street. 

The Marshall Service District Plan includes Urban Design Principles that specifically encourage “minimal front setbacks, with coherent yet informal streetscape design,” while specifically discouraging “deep front setbacks of buildings.”  The Design Guidelines for Streetscapes as outlined in the Comprehensive Plan envision minimal or no setback from the street, buildings a minimum of two stories, buildings to enclose the street, landscaping to screen parking, with openings and façades of traditional materials with window and door openings. 

Land Use Map

middleburglanduse.bmp

Transportation:

The applicant provided a preliminary traffic assessment prepared by Wells and Associates, dated November 12, 2008, included as Attachment 4.  The proposed new bank would continue to use the full-movement access on Frost Street, but the access on Main Street would be modified to an exit from the drive-through lanes only.  The proposed new drive-through bank would be expected to generate approximately 106 AM peak hour trips, 165 PM peak hour trips and 759 average daily trips upon completion and full operation.  These numbers are well under the required 250 peak hour trips which trigger a Traffic Impact Analysis.

Special Exception and Waiver/Modification Analysis:

Special Exception for Drive-Through Facilities for Bank (§3-313.11)

In addition to the special standards set forth hereinafter for specific uses, all special permit and special exception uses shall also satisfy the following general standards:

1.      The proposed use shall be such that it will not adversely affect the use or development of neighboring properties.  It shall be in accordance with the applicable zoning district regulations and the applicable provisions of the adopted Comprehensive Plan.  The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof. 

The drive-through is being proposed in a commercially zoned area on Main Street in Marshall which is designated as Mixed-Use within the Marshall Service District.  The proposed building will be two-story.  The proposal addresses the streetscape along West Main Street with new sidewalks and landscaping as well as a streetscape along Frost Street to include addition of curb, gutter, sidewalk, landscaping, and on-street parking spaces.  The proposed entrance to the bank is at the intersection.  Low lying shrubs will be planted along the property line to mask the line of cars in the drive-through from those traveling east.  The proposal does not appear to adversely affect the use or development of neighboring properties.

2.   The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the site.

While it is a challenge to site a drive-through in a pedestrian friendly “Main Street” environment, this proposal does so successfully.  The proposed use will have a full service entrance onto Frost Street, and an exit only from the drive-through onto West Main Street.  Based on the analysis prepared by Wells and Associates it appears the use would be expected to generate approximately 106 AM peak hour and 165 PM peak hour trips which is considerably less than the 250 peak hour trips that trigger a Chapter 527 traffic impact analysis. 

3.      In addition to the standards which may be set forth in this Article for a particular category or use, the BZA and Board may require landscaping, screening, yard requirements or other limitations found to be necessary and appropriate to the proposed use and location.

The applicant is seeking several modifications of landscaping requirements in order to develop the site in a compatible nature with the surrounding area and in accord with the design principles outlined in the Marshall Service District Plan.  In addition, further design conditions have been suggested by staff. 

4.      Open space shall be provided in an amount at least equal to that specified for the zoning district in which the proposed use is located.

There is no open space requirement.

5.      Adequate utility, drainage, parking, loading, and other necessary facilities to serve the proposed use shall be provided.  Low impact development techniques are encouraged by the County and shall be incorporated into the site and facility design when deemed appropriate by the applicant after consultation with appropriate county officials.  Parking and loading requirements shall be in accordance with the provisions of Article 7.

The building will be served with existing water and sewer connections.  Drainage, parking and loading will be discussed during the site plan process.  Parking modifications and cooperative parking agreements are being sought by the applicant and are discussed in more detail later within the staff report.

6.      Signs shall be regulated by the provisions of Article 8, except as may be qualified in the parts that follow for a particular category or use.  However, the BZA and the Board, under the authority presented in Section 007 below, may impose more strict standards for a given use than those set forth in this Ordinance.

A condition related to signage has been drafted.  A copy of the proposed signage package is included as Attachment 5.  These will be reviewed during the site plan process.

7.      The future impact of a proposed use will be considered and addressed in establishing a time limit on the permit, if deemed appropriate.  Existing and recent development, current zoning, and the Comprehensive Plan shall be among the factors used in assessing the future impact of the proposed use and whether reconsideration of the permit after a stated period of time would be necessary and appropriate for the protection of properties in the vicinity and to ensure implementation of the Comprehensive Plan.

The applicant is requesting no time limit restriction on the drive-through.  The bank is allowed by-right.

8.   The proposed use shall be such that air quality, surface and groundwater quality and quantity, are not degraded or depleted to an extent that would hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.

The applicant will satisfy all applicable Ordinance requirements as it relates to surface run-off, Stormwater Management (SWM) and Best Management Practices (BMP’s). 

9.   Except as provided in this Article, all uses shall comply with the lot size, bulk regulations, and performance standards of the zoning district in which located.

The two lots will be required to consolidate prior to site plan approval and as such will meet the lot requirements of the C-1 zoning district as outlined in the Zoning Ordinance.  A front setback modification is requested as part of the proposal.

BOS Waiver to allow vehicular access to higher standard street (§2-410.A)

A.  Where a lot has frontage on two or more streets, vehicular access shall not be permitted to the higher standard street unless the County approves a waiver to allow the access on the higher standard street as necessary to improve public safety.  The waiver shall be granted by the Director in conjunction with site plans; by the Planning Commission in conjunction with Preliminary Plats and other Divisions; and the Board of Supervisors in conjunction with Special Exceptions and Rezonings.

The applicant is requesting a waiver of this standard, permitting direct access to Main Street which will be an exit only for the drive-through.  There will not be an entrance on Main Street.  This will improve vehicular flow on the site while still maintaining a safe, direct exit onto Main Street.

BOS Waiver to reduce front setbacks (§3-400.16)

16. A reduction in the front yard setback for commercial buildings may be approved by the Zoning Administrator in conjunction with site plan review and approval, by the Board of Supervisors when approving a Special Exception, or the Board of Zoning Appeals when approving a Special Permit provided that the approving authority finds that:

A.  the setback provided is consistent with older, established buildings in the immediate area;

B.  the setback is consistent with any design guidelines or requirements established by the Comprehensive Plan, if any such guidelines or requirements exist;

C.  sufficient area is provided to accommodate construction requirements, including drainage; and

D.  sufficient area is provided to accommodate a full streetscape along the street, to include sidewalks and street trees, where appropriate.

The applicant is requesting a modification of the front yard setback along Main Street and along Frost Street.  The applicant is proposing the bank to be located between five and 10 feet from the existing right-of-way line along Main Street and between eight and 10 feet from the right-of-way line along Frost Street.  The applicant is requesting a range because the proposed streetscape along Main Street has not yet been finalized by the Marshall Citizen’s Committee or adopted by the Board of Supervisors.  The setbacks above will allow for the widening of the sidewalk to 10 feet and allow for construction without impacting the bank building.  Given that the Marshall Plan calls for minimal front building setbacks and that many commercial buildings along Main Street have zero setback, staff would recommend a reduction in the setback to zero feet along both Main Street and Frost Street.

BOS Waiver to allow off-site parking (§7-102.1)

1.   All required off-street parking spaces shall be located on the same lot as the structure or use to which they are accessory or on a lot contiguous thereto which has the same zoning classification and is under the same ownership provided that where there are practical difficulties or if the public safety and/or public convenience would be better served by a location other than on the same lot or a contiguous lot, the Board, acting upon a specific application, may authorize such alternative location subject to the following conditions:

A.  Such required space shall be located on land in the same ownership as that land on which the use to which such space is accessory or, in the case of the cooperative provision of parking spaces, as provided in Paragraph 3 below, in the ownership of at least one of the participants in the combination, and

B.  Such required space shall be located within 500 feet walking distance of a building entrance to the use that such space serves.

The applicant has requested a Board waiver to allow parking to be provided off-site on property under different ownership than the Bank property.  The Bank property and proposed parking property are currently under the same ownership; the waiver is sought to allow the sale of the Bank property to Middleburg Bank. 

The Board must find that “there are practical difficulties or if the public safety and/or public convenience would be better served” by an alternative arrangement and further provided that arrangements have been made “that will assure the permanent availability of such spaces” to the satisfaction of the Board. 

The size of the bank parcels precludes the applicant’s ability to provide the required financial institution parking as outlined in Section 7-104.7 of the Zoning Ordinance.  The bank was initially designed as a one-story structure.  However, after numerous conversations with staff and the Marshall District Commissioner and Supervisor, the bank is now proposed as a two-story structure.  If the bank were to remain one-story, the parking requirement could be accommodated with on-site parking as well as with the additional parking spaces created along Frost Street.  The second floor will eventually be used for bank business and will not be leased to outside tenants.  The cooperative parking agreement appears to be warranted.

BOS Waiver to allow cooperative parking for 2 uses (§7-102.3)

3.    Required off-street parking spaces may be provided cooperatively for two or more uses, subject to arrangements that will assure the permanent availability of such spaces to the satisfaction of the Board.  The amount of such combined space shall equal the sum of the amounts required for the separate uses, provided, however, that the Board may reduce the total number of parking spaces required by strict application of said requirements when it can be determined the same spaces may adequately serve two or more uses by reason of the hours

 of operation of such uses.

See analysis above and below for cooperative parking.

 

Zoning Administrator Waiver to reduce amount of parking (§7-102.18)

18. When an applicant can demonstrate through its records, technical studies, shared parking agreements, or other probative evidence, that the parking requirements of this Article are in excess of what is reasonably necessary, the Director shall determine the number of spaces to be provided.  Appeals of the Director’s decision shall be taken to the Planning Commission which will have the final decision making authority.

The applicant has proposed to cooperatively park the proposed bank with the neighboring grocery store.  The applicant has requested the Board approve a reduction in the number of parking spaces to be shared by the IGA and the bank from the required 115 to 59 plus 5 on-street parking spaces.  The Zoning Ordinance establishes that the Director, not the Board, has the authority for this parking waiver.  The reduction is allowed where the Director finds that the number required is in excess of what is reasonably necessary.  The applicant provided a very detailed analysis on parking in their Statement of Justification.  Staff has evaluated the proposed reduction in parking spaces and concurs that it should be adequate for the proposed uses, and the waiver in total number of spaces will be approved for both parcels provided that a parking agreement assuring the long-term sharing of spaces between the IGA and the bank is provided prior to site plan approval.  The Director concurs.

Zoning Administrator Waiver to reduce landscape buffer yards (§7-604.4)

4.    Buffer yard requirements may be waived or modified by the Zoning Administrator in the following circumstances.  The Zoning Administrator may attach conditions to any waiver or modification in order to assure that the results of the waiver or modification will be in accord with the intent of this ordinance.

a.      Where the strict provisions of this section would reduce the usable area of a lot configuration or size to a point which would preclude a reasonable use of the lot, buffer yards may be waived, reduced and/or modified by the Zoning Administrator, upon showing that the building and/or yard has been designed to minimize adverse impact through a combination of architectural, landscape and/or other design techniques; or

b.      The Zoning Administrator may waive, reduce and/or modify buffer yard requirements:

(1)  If the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective; or

(2)  For any public use when it has been specifically designed  to minimize adverse impacts on adjacent properties; or

(3)  When a land use is proposed adjacent to a lake, pond, wetland, or other natural area, which is to remain undeveloped, and which is at least 300 feet in width; or

c.      The Zoning Administrator may waive, reduce and/or modify buffer yard requirements in RA and RC districts when, in the opinion of the Zoning Administrator, reasons or factors for employing buffers are not present; or

d.      In cases where similar uses adjoin each other, the Zoning Administrator may approve a reduction in the buffer requirements between such similar uses.  As appropriate and reasonable, the Zoning Administrator may require increased landscaping elsewhere on the site.  The increased landscaping shall be focused in areas adjacent to potentially conflicting land uses, if such exist; or

e.    The Zoning Administrator may waive, reduce and/or modify buffer/landscaping

       requirements for commercial property where such property abuts recorded open space when, in the opinion of the Zoning Administrator, reasons or factors for employing buffers are not present.  However, the Zoning Administrator shall not make any decision under this subsection until twenty-one days after written notice to all adjoining property owners of the open space advising them of the request to reduce and/or modify such buffer/landscaping requirements.  As appropriate and reasonable, the Zoning Administrator may require increased landscaping elsewhere on the site.

Section 7-102.18 of the Zoning Ordinance allows the Zoning Administrator the authority to waive/modify buffer yard requirements.  Conceptually, staff agrees that buffer reductions are warranted in this case and that the overall site layout and design has been done in a manner that meets the requirements for allowing a modification.  By utilizing a streetscape, including landscaping within the right-of-way, in lieu of a traditional front buffer, and shrubs to screen parking and drive-aisles, the proposed site layout appears to meet the criteria outlined in the Zoning Ordinance.

Historic Resources:

Marshall is the second oldest “town” in Fauquier County.  The two parcels along Main Street are located within the Marshall National Register Historic District although none of the structures on this site are a contributing historic resource.

Staff and Review Agency Comments:

 

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 available upon request.

Planning

Planning Division staff is pleased with the quality of the site design and building elevations submitted with this application.  The statements below memorialize much of what was shown on the submitted plans and elevations.  In many cases, the results of the Marshall Moving Forward Grant will determine details of the streetscape.  As these are not yet available, staff used its judgment to provide guidance. 

The building shall be constructed in substantial conformance to the illustratives, including fenestration, entrance features, water table and soffits, etc.

Building materials shall be brick and stone, including cast stone.  Materials shall not include artificial stucco (dryvit), plastic or foam.  Architectural features at ground level shall be masonry or wood.

The building should have a minimum building height, to the soffit, of 27’ and a maximum height, to the soffit, of 40’.

The first floor shall have a minimum clear height of 12’.

A flat roof is acceptable if a parapet wall adequately screens the mechanical equipment.

A tower/cupola may be included provided the height is no greater than 10’ above the building height.

The building design includes a cut corner at the intersection of Main Street and Frost Street.  This area may include a portico.  Brick pavers should be the hardscape material in this notched area.

The drive-through structure should be substantially similar to the architecture of the main building.  All lighting for the drive-through shall be recessed.

It is staff’s best estimate that the future right-of-way will include the following:

Main Street                                                                 Frost Avenue

Right of way – 66’                                                      Right of way – 60’

Travel lane – 12’                                                         Travel lane – 11’

Parking lane – 8’                                                         Parking lane – 7’

Curb – 0.5’                                                                  Curb – 0.5’

Clear zone – 3’                                                            Clear zone – 3’

Planting zone – 2.5’                                                    Planting zone – 2.5’

Sidewalk – 7’                                                              Sidewalk – 6’

Curb extensions (bulb-outs) should be used to protect parking lanes.

Sidewalks should be red brick.

Crosswalks should be red brick.

Driveway aprons should be concrete masonry pavers, such as EP Henry Old Towne Cobble in charcoal.

Planting zones should not be a continuous strip.  They should include a planting area, approximately 5’ long, which includes a street tree and low plantings with seasonal color. 

Street trees should be Red Maple of 4” caliper at time of planting and planted at intervals of 30’. 

A maintenance agreement will be needed for the street trees and for plantings along Main Street and Frost Street.

The sidewalk area will extend in between the planting areas and include street lights.

Street lights, likely to be determined through the Marshall Moving Forward Grant, will be subject to approval by the Zoning Administrator.

Parking lot lights will be subject to approval by the Zoning Administrator.

Street furniture, such as benches and trash containers, likely to be determined through the Marshall Moving Forward Grant, will be subject to approval by the Zoning Administrator.

Signs should be consistent with a traditional townscape.  Signs should be made of wood or metal.  Plastic and back-lit signs are prohibited. Signs should not obstruct architectural details. 

The proposed project meets many goals expressed in the 2003 Marshall Service District Plan, in terms of creating new buildings that continue Marshall’s overall pattern of development, scale, and materials. There may be greater consideration given to more landscaping on this project to meet the Service District Plan’s goal to sustain the current character of Main Street as the area witnesses additional infill development.  Also, a waiver/modification of landscaping buffers has been analyzed by the Zoning Administrator and appears to be warranted.

Zoning

1.      Zoning Staff confirms the following:

a.   Properties are currently zoned C1-Commercial Neighborhood.

b.   Surrounding properties are zoned C-1 Commercial Neighborhood.

c.   The proposed bank use (financial institution) is allowed by-right with approval of a major site plan pursuant to §3-316.6.

d.   The proposed drive-through facilities require a special exception pursuant to §3-313.11.

Noted, no action required.

2.      The proposed Special Exception for Drive-Through facilities must be evaluated pursuant to the following standards in the Zoning Ordinance:

a.   Article 5-006 General Standards for All Special Exceptions.

b.   Zoning Staff defers to Planning Staff for the evaluation of standards.

Evaluation of standards is provided under the Analysis section of the staff report.

3.      Pursuant to Section 2-410, no access is allowed to/from this lot onto Route 55.  The applicant has requested a Board waiver of this prohibition.  Such waiver to allow access onto Route 55 requires a BOS finding that it is “necessary to improve public safety” (Section 2-410.A).

The Board will have to make this finding, the request is analyzed later within the staff report.

4.   Pursuant to Section 3-400, the following setback requirements apply to this property:

Front:          55’ from the centerline of Frost Street;

70’ from the centerline of Main Street.

Side/Rear:    0’ or if not 0’, then a minimum of 12’.

The applicant has requested a reduction to 38’ from the center of both Frost and Main Streets.  A Board waiver to reduce front setbacks requires Board of Supervisors’ findings that:

a.   the setback provided is consistent with older, established buildings in the immediate area;

b.   the setback is consistent with any design guidelines or requirements established by the Comprehensive Plan, if any such guidelines or requirements exist;

c.   sufficient area is provided to accommodate construction requirements, including drainage; and

d.   sufficient area is provided to accommodate a full streetscape along the street, to include sidewalks and street trees, where appropriate. (Section 3-400.16)

The Board will have to make this finding, the request is analyzed within the staff report.

5.      The applicant has requested a Board waiver to allow parking to be provided off-site on property under different ownership than the Bank property (although the Bank property and proposed parking property are currently under the same ownership, the waiver is sought to allow sale of the Bank property to the Bank).   The proposed cooperative parking arrangement is eligible for approval provided the Board finds  “there are practical difficulties or if the public safety and/or public convenience would be better served” by an alternative arrangement and further provided that arrangements have been made “that will assure the permanent availability of such spaces” to the satisfaction of the Board.   (7-102.1,3)

The Zoning Administrator has indicated this request is warranted.

6.   The applicant has requested the Board approve a reduction in the number of parking spaces to be shared by the IGA and the bank from the required 115 to 59 off-street plus 5 on-street parking spaces.    Section 7-102.18 establishes that the Director, not the Board, has the authority for this parking waiver.   The reduction is allowed where the Director finds that the number required is in excess of what is reasonably necessary, based on records, technical studies, shared parking agreements, or other probative evidence.  Staff has evaluated the proposed reduction in parking spaces and concurs that it should be adequate for the proposed uses, and the waiver in total number of spaces will be approved for both parcels provided that a parking agreement assuring the long-term sharing of spaces between the IGA and the bank is provided.

This document will be required to be provided prior to site plan approval.  The Director has indicated this request is warranted provided the parking agreement is executed as per the drafted condition.

7.   The Zoning Ordinance requires the following minimum landscape buffer yards with the development:

Front: 10 ft width w/1 canopy tree & 10 shrubs each 35 linear feet.

Side:   20 ft width w/2 canopy trees, 5 understory trees & 20 shrubs each 100 linear feet.

Rear:   25 foot width w/4 Canopy Trees, 6 Understory Trees & 30 shrubs planted each 100 linear

           feet.

The applicant has requested the Board reduce landscaping buffer requirements, Section 7-102.18 establishes that the Zoning Administrator, not the Board, has the authority for this waiver.   Section 7-604.4 allows the Zoning Administrator to waive the buffer requirements where the strict provisions of the buffer requirements would reduce the usable area of a lot configuration or size to a point which would preclude a reasonable use of the lot….upon a showing that the building and/or yard has been designed to minimize the adverse impact through a combination of architectural, landscape and/or other design techniques. 

Conceptually, staff agrees that buffer reductions are warranted in this case, and that the overall site layout and design has been done in a manner that meets the requirements for allowing a modification by utilizing a streetscape, including landscaping within the right-of-way, in lieu of a traditional front buffer and shrubs to screen parking and drive-aisles.   Staff would note, however, that the requirement for 10% green area on the property, which is not a buffer requirement, cannot be waived under Section 7-604.4.  No information has been provided as to whether this requirement has been met. 

The Zoning Administrator has indicated the buffer reductions are warranted.  The applicant contends they can meet the 10% green area requirement and will do such at time of site plan.

8.      Staff notes the following for informational purposes for the applicant:

a.   The signs shown on the materials submitted with the application are not being reviewed or approved as part of this submission.  Separate sign permits are required.

b.   The property line shown to be vacated must be vacated prior to the release of the final site plan for the property.

c.   Building permits are required for demolition of existing buildings as well as construction of new building. 

Provided for informational purposes.

Virginia Department of Transportation (VDOT)

  1. Memo from Wells and Associates entitled Transportation Assessment is indicating a Traffic Impact Analysis will be required, but one was not included.  Traffic generation does not meet the requirements of Chapter 527, but if one is required by Fauquier County it should be reviewed with the special exception.

A traffic impact analysis is not warranted based on VDOT and County standards.

  1. Dimensioning on Frost Street for the street width appears to include the gutter pan which cannot be calculated as part of the travel lane.
  2. Entrance need to be designed in accordance with the Minimum Standards of Entrances to State Highways which requires a minimum of 14’ for a one-way entrance and a minimum of 30’ for a two-way entrance.
  3. If the entrance on Route 55 is to be right out only, the entrance should be designed to preclude left turns and right-in movement.
  4. Parking lanes in commercial areas are to be 8’ in width measured from the face of curb.
  5. Handicap ramps need to be provided.
  6. It appears that the proposed landscaping may block the line of sight.

Numbers 2-7 above will be addressed during the site plan process.

Engineering

The Engineering Department has reviewed the above referenced Special Exception and Zoning Waivers and has no comments.

Planning Commission Action of March 26, 2009:

The Planning Commission discussed this item at its work session.  A public hearing was held and only the applicant’s representative spoke.  The public hearing was postponed until April 30, 2009 to allow time for the applicant to address ingress/egress requirements to Frost Street.

Planning Commission of Action of April 30, 2009:

The Planning Commission discussed this item at its work session.  A public hearing was held where three people spoke, one being the applicant’s representative.  One neighbor voiced concerns regarding run-off and one citizen asked if the trees would be saved.  The representative stated that final site details were still being worked out; however, the applicant would try to preserve as many trees as possible.  The Planning Commission unanimously voted to forward a recommendation of approval to the Board of Supervisors, subject to conditions.

 

Summary and Recommendation:

If the Board of Supervisors wishes to approve the Special Exception for a drive-through facility to accommodate a bank, and the associated waivers, the Planning Commission suggested conditions of development which have been included as part of the attached Resolution.

 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider the attached resolution. 

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

Department of Economic Development
Commissioner of the Revenue

Attachments:

1.      Statement of Justification

2.      Special Exception Plat Prepared by Carson-Ashley Dated January 21, 2009

3.      Architectural Drawings Prepared by Ammon Heisler Sachs Architects Dated January 16, 2009

4.      Traffic Analysis Prepared by Wells & Associates Dated November 12, 2008

5.      Signage Package Prepared by Ammon Heisler Sachs Architects Dated January 29, 2009

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