PUBLIC HEARING AGENDA REQUEST

 

Owners/Applicants:

David L. Hodgson; Terry L. Hodgson; Jean Elizabeth Cheatham; William Wirt Goulding – Owners
Douglas E. Darling, Applicant

 

Board of Supervisors Meeting Date:

July 9, 2009

 

 

Staff Lead:
Melissa Dargis, Assistant Chief of Planning

Department:
Community Development

Magisterial District:
Lee

Service District:
Bealeton

 

PIN:
                 6899-18-3742-000
6889-89-6214-000

 

Topic:

CPAM09-LE-001 – Mintbrook/Cheatham Farm (Bealeton Gateway, LLC): A Comprehensive Plan Amendment to Expand the Bealeton Service District by Approximately 125 Acres to the North and to Allow for a Change in Land Use Designation from Medium Density Residential, Residential/No Sewer or Water, Rural (Outside of Service District), Park/Open Space and SCFRR (School/Church/Fire/Rescue/Recreation) to Institutional/Office/Mixed Use, Medium Density Residential, Park/Open Space and SCFRR (School/Church/Fire/Rescue/Recreation).  The Applicant is also Proposing Text Changes to the Bealeton Service District Plan and Inclusion in the Bealeton Service District Plan of an Illustrative Development Plan.

Staff would note that this application does not include the Starr Mawyer property (PIN 6899-17-4995), nor will a future rezoning include the Starr Mawyer property.

Project Update:

The applicant provided staff with a memo dated May 12, 2009 (Revised: May 26, 2009) (Attachment 1).  This memo contains “enhancements” to the application in the form of 14 points that “establish expectations for and commitments to which the applicant would be agreeable.”  The applicant also provided a revised illustrative plan (Attachment 2) received in the Planning Office on June 19, 2009.  This illustrative was not deemed by the applicant’s representative to be a new submittal, and therefore was not routed to referral agencies for review.  It is staff’s understanding that while the applicant did not formally submit the illustrative, in the applicant’s view “it will ultimately be the Board's decision as to whether or not an "illustrative plan" is to be included as an "official" part of what might be approved with the Comprehensive Plan Amendment (CPA).  As prior discussed and documented, the applicant's intent is to offer the plan (in addition to the baseline requirements for a CPA application) as a guideline upon which a subsequent rezoning would be evaluated.”

In staff’s opinion, expansion of the service district and changes to the land uses could present the opportunity to create a community in Bealeton that is in keeping with the mixed-use/traditional neighborhood design vision contained in the Bealeton Plan, but only if the impacts of such a development are carefully mitigated to protect the existing Bealeton community.  With that in mind, staff reviewed the applicant’s memo in light of comments made by Board members at their work session on this application on May 14, 2009.  Staff then took the liberty of incorporating comments from Board members and review agencies into revised supplemental criteria (Attachment 3) that might allow the Board to consider approval of this application.   

The staff criteria includes:

·         The total of all residential units shall not exceed 675;

·         The project shall generate a positive fiscal impact (revenue/expenditure) at each phased interval of project development;

·         Dedication of a school site;

·         The collector road shall be designed as a two lane road with on-street parking that can later be converted to a four lane road if warranted;

·         A floodplain study shall demonstrate that downstream properties shall not be subject to greater flooding impacts;

·         Preservation of the old farm house and its rural setting; and

·         A sunset clause whereby this plan amendment shall not be deemed to be effective unless the Board approves a rezoning to the MU-Bealeton Zoning District consistent with the terms of this amendment within two years of the date of this amendment.

In addition, staff has strong reservations about including the applicant’s most recent illustrative (Attachment 2) in the Comprehensive Plan.  Unlike earlier illustratives, this one is very detailed and staff foresees future problems as the illustrative does not comply with all aspects of the MU-Bealeton Zoning District. Staff would recommend a more general illustrative plan. 

The applicant has spent considerable effort on a draft Code of Development to be submitted with this application.  However, a complete Code of Development is required with a rezoning application to the MU-Bealeton Zoning District; therefore, staff did not seek its inclusion with this Comprehensive Plan Amendment.

While during the course of this application process the applicant mentioned transfer of development rights (TDR), the current proposal contains no commitment to TDRs.

Topic Description:

The applicant is seeking to expand the Bealeton Service District by approximately 125 acres (see Attachment 4 for details).  The applicant is proposing that 99 acres of this area be designated Medium Density Residential: 4-6 Units Per Acre, and that three acres along Route 17, east of the floodplain, be designated Institutional/Office/Mixed Use.  Areas in the floodplain would be designated Federal Emergency Management Agency (FEMA) Floodplain. 

Approximately 208 acres of the site are already within the Bealeton Service District. The applicant is proposing that the existing Institutional/Office/Mixed Use area be expanded northward and westward to include a total of 110 acres.  This land is currently designated a combination of Medium Density Residential 4-6 units per acre, Residential/No Sewer or Water, Park/Open Space and SCFRR (School/Church/Fire/Rescue/Recreation).  The applicant is proposing a designation of Medium Density Residential: 4-6 Units Per Acre for 34 acres currently designated as Residential/No Sewer or Water.  Finally, the applicant is proposing two new sites, totaling 17 acres, to be designated Park/Open Space, and five acres to be designated SCFRR (School/Church/Fire/Rescue/Recreation).

The applicant previously provided text to be included in the Comprehensive Plan and the applicant’s memo (Attachment 1) adds further “expectations for and commitments to which the applicant would be agreeable.”  The applicant is also asking for inclusion of an illustrative plan in the Comprehensive Plan.

 

Location, Zoning and Current Land Use:

The properties are located at 6331 Mintbrook Lane and 10633 Bowers Run Drive.  The properties are zoned Rural Agricultural (RA), Rural Residential (RR-2), and Planned Residential District (PRD).  The site is in agricultural use. 

Mintbrook Zoning

Surrounding Zoning and Current Land Use:

Surrounding parcels are zoned RA to the north.  East of Route 17 is Village (V), Residential-4 (R-4), RA, and Commercial-Neighborhood (C-1) zoning.  The parcels to the south are zoned RA, PRD, and Residential-2 (R-2).  The parcels to the west are zoned Residential-1 (R-1), R-2, RR-2, and RA. 

Land to the north is in agricultural use.  To the east is the Village of Liberty and Liberty High School.  Land immediately adjacent to the south is vacant, with commercial properties south of Route 28.  Land to the west is residential, the Meadowbrooke Subdivision, and agricultural.   

Staff Analysis/ Staff and Review Agency Comments: 

See Attachment 4 for previous staff analysis and review agency comments.  

Board Action Summary and Action of May 14, 2009:

On May 14, 2009, the Board of Supervisors held a work session on this application.  Board members expressed their views and concerns.  A public hearing was held at which the applicant’s representative requested favorable consideration of the application.  Nine members of the public spoke in opposition to the application.  The public hearing was continued and action was postponed for up to 90 days.

 

Planning Commission Summary and Action of March 26, 2009:

The Planning Commission discussed this item at its work session.  A public hearing was held at which seven members of the public spoke in opposition to the project.  Concerns included: adding 125 acres to the service district; the large size of the project; inconsistency with the Comprehensive Plan; floodplain concerns; overcrowded schools; no input from the Bealeton residents; and Meadowbrook Subdivision’s opposition to the proposal.

The Planning Commissioners expressed their views on the proposal.  Chairman Stone stated that a rezoning application was needed in tandem with the Comprehensive Plan Amendment, so that the County would be assured of the complete project.  Chairman Stone was less concerned with the number of residential units, but was opposed to expansion of the Service District.  Commissioner Meadows said he was not necessarily against moving the service district line, if there was sufficient green space preserved to the north of the new edge.  He was disappointed that the rezoning application did not accompany the Comprehensive Plan Amendment.  Commissioner Garreau said she would be opposed to this amendment even with a companion rezoning, as this application was not in compliance with the citizen-driven Comprehensive Plan.  Commissioner Alm noted the benefits of one developer rather than having piecemeal development, however, he wanted to respect the existing plan with its northern boundary.  He also expressed particular concern over the floodplain.  Commissioner McCarty stated that she was opposed to the expansion of the service district. 

Commissioner Meadows made the motion for a recommendation of denial.  The Planning Commissioners unanimously recommended denial to the Board of Supervisors.   

 

Planning Commission Summary and Action of February 26, 2009:

The Planning Commission discussed this item at its work session.  The applicant submitted a study entitled “Sanitary Sewer Capacity and Demand Analysis Bealeton Service District & Remington Sewer Treatment Facility.”  Commissioners discussed their reservations with this application.

A public hearing was held.  The applicant presented a PowerPoint overview of the project that included a “Southern Fauquier Regional Recreation Complex and Elementary School” on an adjacent property northwest of the Bealeton Service District.  The applicant indicated this was not part of his formal application.  Concerns have remained constant during hearings and included: opposition to adding 125 acres to the service district; preserving a green gateway to Bealeton; 1,000 residential units will generate too much traffic; sewer capacity; rezoning application needed in tandem with the Comprehensive Plan Amendment (CPAM); and overcrowded schools.

The public hearing was postponed until March 26, 2009.

Planning Commission Summary and Action of January 29, 2009:

The Planning Commission discussed this item at its work session.  A public hearing was held at which eight members of the public spoke against the project.  Concerns included: opposition to adding 125 acres to the service district; preserving a green gateway to Bealeton; 1,000 residential units will generate too much traffic; sewer capacity; rezoning application needed in tandem with the CPAM; and overcrowded schools.

The public hearing was postponed until February 26, 2009.

Planning Commission Summary and Action of December 10, 2008:

The Planning Commission discussed this item at its work session.  A public hearing was held at which five members of the public spoke against the project.  Concerns voiced were: increased flooding, lack of land designated for institutional uses, sewer capacity, density of development, uncertainty over regional stormwater  management, need for a companion rezoning application, increased taxes for school costs, overcrowded schools, potential for private wells to dry up, and general impacts to public facilities.

The public hearing was postponed until January 29, 2009.

Summary and Recommendation:

Section 13-202(4)(A)(c)(2) of the Zoning Ordinance lists considerations for evaluating Comprehensive Plan Amendments, all or some of which may be applicable:

  • Creative Concepts;
  • Oversights;
  • Change in Circumstances;
  • Goals; and
  • Hardship

The Board is asked to consider:

·         the merits of this case as presented in earlier staff reports (Attachment 4);

·         the items the applicant is prepared to commit to with a future rezoning (Attachments 1 and 2);  and

·         other considerations that have been raised throughout the course of this application review and which the Board may view as essential (Attachment 3); and

decide whether there is justification for expanding the Bealeton Service District by 125 acres and changing the land uses designations as proposed. 

 

Requested Action of the Board of Supervisors: 

Conduct a public hearing.

 

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

Department of Community Development
Fauquier County Water and Sanitation Authority
Department of Emergency Services
Sheriff’s Department
Fauquier County Public Schools
Area Residents and Businesses

Attachments:

1.       Memo from Frank Cox Dated May 12, 2009 (Updated May 26, 2009)

2.       Applicant’s Revised Illustrative Plan Received in the Planning Office on June 19, 2009

3.       Staff Suggestions for Supplemental Criteria

4.       Board of Supervisors Staff Report Dated May 14, 2009 (Including Attachments)

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