PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

Virginia Crane Rental, Inc. (Owner)

  R.L. Rider & Company (Applicant)

 

June 21, 2004

Staff Lead:

 

Melissa Dargis, Assistant Chief of Planning

Department:

 

Community Development

 

Magisterial District:

 

Cedar Run

 

PIN:

 

6981-32-7629-000

Topic:

 

An Ordinance to Approve Rezoning REZN04-CR-007, Virginia Crane Rental, Inc.

 

A Resolution to Approve CPAM04-CR-003 A Comprehensive Plan Amendment for the Opal Service District

 

Topic Description: 

 

The Applicant wishes to rezone approximately 29.25 acres from Rural Agricultural (RA) to Industrial Park (I-1).  The Applicant also wishes to obtain a Comprehensive Plan Amendment and to rezone a portion of the site from Rural Agricultural (RA) to Industrial Park (I-1).  The portion of the parcel that is zoned Commercial Highway (C-2), ±3.75 acres in size, is not part of the rezoning; the Applicant intends to maintain that commercial zoning.

 

The subject property is located within the northeast quadrant of the Opal Service District.  In general the Service District Plan calls for this area to be developed in “mixed-uses,” a novel live and work district.  Alternatively, the Applicant envisions the site being developed in a mixture of similar industrial uses.  The first step to this process is the Comprehensive Plan Amendment request to change the designation for the site from Mixed-Use (Live-Work) to I-1.  The Applicant has proposed the necessary text changes for the Comprehensive Plan Amendment.  Then, the Applicant can rezone a portion of the property to I-1.  The Applicant will also have to construct its share of the Comprehensive Plan roadway system that is proposed for this location. 

 

Since the April Planning Commission Meeting and public hearing, staff has met on several occasions with the Applicant and its representative to discuss how to integrate the Comprehensive Plan Roads into the proposed concept development plan.  On May 13, 2004, Planning Commission members and staff conducted a site visit to the property.  At that time, the Applicant’s representative provided a refined proposed road layout and revised draft proffers.  Based on Staff comments on the draft proffers and concept development plan, on June 7, 2004,  the Applicant submitted a revised Statement of Proffered Conditions and concept development plan.  The Applicant’s Statement of Proffered Conditions outlines specific monetary contributions and a schedule for transportation improvements.  The proffers include enhanced setback for certain uses; retaining existing vegetation in the buffer adjacent to residential development; enhanced screening of adjoining residential districts; right-of-way reservation and a condition for future right-of-way dedication for Comprehensive Plan roads; accommodation of Comprehensive Plan service road alignment; reconfiguration or elimination of the pond; protection of well head sites on adjacent property; pro rata share of immediate road improvements; contributions to future road improvements; and, monetary contribution for site plan approval of each new applicant’s subsequent use, division, or conveyance (this does not pertain to the R.L. Rider & Company). 

 

The Applicant’s representative is in consultation with the U.S. Army Corps of Engineers (Corps) regarding the status of the pond, which composes the majority of the property’s southern end.  The pond is approximately seven acres in size and captures runoff from a culvert crossing under Route 29.  In addition to this pond area, a wetlands assessment indicates approximately 0.5 acre of possible wetlands that will require further evaluation.  The Applicant seeks to either eliminate or significantly reduce the size of the pond, pending receipt of wetlands delineation from the Corps.  If this area can be reclaimed, it is likely the Applicant will be able to develop the existing C-2 portion of the parcel that fronts Route 29.  The Applicant also addressed the pond in the proffer statement (item 7); pending regulatory agency approval, the Applicant will either repair the existing pond or drain the pond and stabilize the area.

 

Discussion at the site visit pertaining to a well on the property, as well as two WSA (Fauquier County Water and Sanitation Authority) community wells, ensued regarding their buffering and protection.  Staff suggests at the site plan stage to impose possible use limitations, buffering/landscaping commitments along the residential boundaries, providing a berm or buffer along the east side of the site to inhibit surface flow contaminants from entering the water supply wells.  The Applicant has addressed the well heads in proffer item 8, which states that “no surface water from the property shall be permitted to flow across the well head sites on the adjacent property.”

 

Requested Action of the Board of Supervisors:

 

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

 

Financial Impact Analysis:

 

None.

 

Planning Commission Recommendation:

 

After several public hearings, the Planning Commission has recommended that the Board of Supervisors approve the Rezoning REZN04-CR-007 and Comprehensive Plan Amendment CPAM04-CR-003, subject to the Statement of Proffered Conditions and Concept Development Plan, both dated June 7, 2004.

 

Land Area, Location and Zoning:    

 

The property is located in the Opal Service District on the east side of Routes 15/29 & 17, Cedar Run District.  The property is split zoned with approximately 29.25 acres zoned RA with the balance; ±3.75 acres zoned C-2.  A map of the property is shown below.

 

                       

 

Neighboring Zoning/Land Use:

 

The property is bound to the west by Rural Agricultural(RA) and Commercial Highway (C-2) zoning; to the north is undeveloped Residential (R-1); to the east is land zoned Residential (R-2), which includes the Green Meadows residential subdivision currently under development; and to the south is undeveloped RA property.  The property also surrounds an approximate 4.4 acre parcel that is zoned Industrial Park (I-1).

 

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 as attachments.

 

Comprehensive Plan

 

1.  Adopted and Proposed Amendment to the Opal Service District Plan

 

The Applicant has requested that Fauquier County amend the Comprehensive Plan concerning the north-east quadrant of the Opal Service District.  This quadrant is described in the adopted Comprehensive Plan as follows:

 

3a. Overall Layout  [Opal Service District Plan; page 3]:

 

“Land located in the northeast quadrant of the district, currently an uncoordinated mix of residential and industrial uses, would be developed as a novel “Live-Work” district for craftsmen.  This land would buffer residential areas along Clarke’s Road from commercial uses along Route 15/29.  Implementation of such a new district will require amendment of the Zoning and Subdivision Ordinances – see Overall Policy Guidelines for the Live-Work Zone below.”  

 

                       

The Applicant would replace this language with the following:

 

a. Overall Layout  [Applicant amended language]:

 

“Land in the northeast quadrant of the district also offers an excellent location for local contractors, with much of the property already appropriately zoned for industrial use.  The Plan configuration of internal roadways running behind properties fronting on US Route 15/29 makes this area well suited for business development that will contribute to the County’s non-residential tax base through a mixture of industrial uses.  Such uses will take advantage of easy access to major thoroughfares, while being oriented away from the existing US Route 15/29 corridor.  The Opal Plan encourages development of such industrial uses in the area.”                       

 

[Staff amended language, to be included in addition to the above proposed text.]:

 

“This section encourages development of such industrial uses in the area, along with the novel ‘Live Work’ district for craftsmen as represented in the ‘Mixed Use’ designation in the Opal Service District Land Use Plan.  It needs to be noted that the ‘Live Work’ district will require amendment to the Zoning and Subdivision Ordinances {refer to Section 4. Overall Policy for the Live Work Zone}.”

 

(Please note that Staff’s proposed text addition does not affect the Applicant.)

 

Virginia Department of Transportation

Warrenton Residency staff reviewed the information submitted regarding the Virginia Crane Rental property along U.S. Route 15/29 & 17 (Rte. 29). Listed below are topics and comments that VDOT recommends the Board of Supervisors consider.

Comprehensive Plan Amendment:

1.      Internal Road layout: The illustration dated March 18, 2004 contains road geometry that is generally acceptable.  Further, planning for this development should allow for turning radiuses through intersections as well as pavement width to accommodate industrial traffic. The ability to have inter-parcel connections with property with similar land uses is encouraged.  VDOT recognizes certain limitations with connecting to all abutting parcels due to conflicting land uses and environmental conditions.

 

2.      Intersection with Rte. 29 (Short term): The sight distance is satisfactory for the conditions. The increase of traffic generated by this and other sites using the current roadway will likely cause the need to extend the existing right turn lane to the property line with East Coast's parcel. The cost of the additional lane length recommended is anticipated to be the combined responsibility of all parties using the roadway.

 

3.      Intersection with Rte. 29 (Long term): The long-range plan for Rte. 29 is to add additional lanes to the existing roadway establishing 6 to 8 lanes total as well as sufficient turn lanes. The location of the current entrance on Rte. 29 has many desirable characteristics that would be beneficial to establishing a median break and alignment of a new roadway from the opposite side of the highway for full two-way (likely signalized) access to Rte. 29. The limitation of this recommendation is the lack of uniform centerlines between the opposing lanes of the roadway. It is important to remember this is a long-range goal and should be one part of an access management plan for the entire corridor.

Rezoning:

1.      Residency staff would like an opportunity to review any proposed proffers associated with the zoning change.  VDOT will be interested in the applicant's participation in frontage improvements and any contributions that may be offered.

 

2.      Please provide some estimated vehicular Trip Generation for the development. The estimates should be derived using the highest and best use of the permitted uses in the I-1 zone. In the event permitted uses are not apart of the applicant's plan, those uses should be prohibited in the proffers.

 

3.      Any streets intended for acceptance to the Secondary System of State Highways must be constructed to our current Road and Bridge Standards and Specification, Subdivision Street Requirements as well as meeting satisfactory service requirements to warrant expenditures of public funds for maintenance. It was noticed that the portion of the road serving Lot 1 and the existing General Excavation, Inc. (GEI) property does not appear to meet service requirements.

 

4.      Additional right-of-way for the long-term improvements to Route 29 is requested.

 

Summary and Recommendations:

 

The Applicant has addressed Staff and the Planning Commissioners requests and provided for long range transportation improvements at Route 29.  Staff recommends that the Board of Supervisors approve the rezoning request and Comprehensive Plan Amendment.  However, Staff added language at the end of the Applicant’s proposed text amendment to the paragraph entitled 3.a. Overall Layout.  The staff refinement does not affect the Applicant, but instead provides more use flexibility and more effectively links the proposed text change with the Adopted Opal Service District’s Land Use Plan and its intent.  The Applicant and his representative have worked diligently with staff and hosted a site visit on May 13, 2004.  Additionally the Applicant has provided a series of proffered conditions with monetary contributions and a refined concept development plan.  This plan includes placement of the Comprehensive Plan Roads, the overall transportation network and the timing of road improvements.

 

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

Fauquier County Department of Community Development

Virginia Department of Transportation

 

 

Attachments:

 

  1. Rezoning Concept Development Plan & Zoning Plat
  2. Comments from the Virginia Department of Transportation
  3. Statement of Proffered Conditions