PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

H. Joe Wiltse, Trustee, Owner and Applicant

 

July 14, 2005

Staff Lead:

 

Melissa Dargis, Assistant Chief of Planning

Department:

 

Community Development

 

Magisterial District: Scott

 

Service District: New Baltimore

 

PIN:

 

7916-14-9633-000 and 7916-14-9773-000

Topic:

 

A Resolution to Approve The White House Comprehensive Plan Amendment CPAM05-SC-010 to Change the Land Use Designation for 2.3 Acres of Land from Low Density Residential to Mixed Use Neighborhood in the New Baltimore Service District Plan; and

 

An Ordinance to Approve REZN05-SC-008, The White House

 

Topic Description:

 

Comprehensive Plan Amendment:

 

The Planning Commission initiated the proposed Comprehensive Plan Amendment to change the land use designation for ±2.3 acres from Low Density Residential to Mixed Use Neighborhood.  If this application is approved, the property owner could then proceed with the companion rezoning application.

 

The owner notes that the proposed land use designation changes seem appropriate due to the property’s corner lot configuration with Riley Road and Route 29 intersection and its proximity to land with a similar land use designation across Riley Road.

 

Rezoning:

 

The applicant wishes to rezone ±2.3 acres to Commercial (C-1) at the southeast quadrant of the U.S. 15/29 and Route 676 intersection.  The applicant envisions a low impact office/financial institution use with appropriate site design and landscaping that would serve as the entry point for the New Baltimore Service District.  The site would have all access via Riley Road (Route 676) and vacate its current access on Route 15/29.

 

 

 

Update:

The applicant indicates their intent to develop low impact office and financial institutional uses.  Based on discussions with staff and the Planning Commission, the applicant proposes to limit several uses of the property.

 

The following proffer section is highlighted to show the proposed prohibited uses at the site.

 

Land Use:

 

The primary commercial use on the Property may include offices (professional and medical), financial institutional with a drive thru, support retail and other uses allowed by ordinance except those uses listed in the next sentence.  The following commercial uses shall be prohibited on the subject property:

 

 

a.      Residential Uses

b.      Eating Establishment

c.       Eating Establishment, Fast Food

d.      Convenience Store

e.       Nursery Greenhouse

f.        Bus or Rail Terminal

g.      Interment uses

h.      Auction Establishment

i.        Indoor Theater

j.        Frozen Food Locker

 

k.            Service Station

l.              Auto repair garage

m.          Car wash

n.            Motor vehicle impoundment yard

o.            Automobile sales

p.            Broadcasting studio

q.            Recreational vehicle storage area

r.             Kennel/animal shelter

s.             Funeral Home

t.              Recycling center

 

                                                 

A monetary contribution of $10,000 has been proffered toward the future installation of a traffic signal at Route 676 and Route 29.  In addition, the applicant has proffered additional landscaping along Riley Road.  The proffers are included as Attachment 2.

 

 

Land Area, Location and Zoning:    

 

The properties are located at 4483 Lee Highway at the southeast quadrant of Route 29 and Riley Road (Route 676).  A map is shown below with the parcels outlined in red.

 

                 

 

Neighboring Zoning/Land Use:

 

The property is bounded by U.S. 15/29 to the north; Rural Agricultural (RA) to the east; Residential (R-4) to the south; and Residential (R-1) to the west.

 

Action Requested of the Board of Supervisors:

 

Conduct a public hearing and consider adoption of the attached resolution (Comprehensive Plan Amendment) and Ordinance (proposed rezoning).

 

Planning Commission Recommendation:

 

On May 26, 2005, the Planning Commission recommended unanimously to forward both applications (Comprehensive Plan Amendment and its companion Rezoning request) to the Board of Supervisors with a recommendation of approval.

 

 

Staff Analysis:

Comprehensive Plan Amendment:

 

The White House Plan Amendment to the New Baltimore Service proposed by the Planning Commission follows on Fauquier County’s disposition of the Bishop’s Run rezoning to the south.  This decision left a small wedge of Residential 1 zoned land, barely 2.3 acres, bounded by Federal Highway Route 15/29 to the north and the collector Riley Road to the west.  The proposed mixed-use suggested by the Planning Commission conforms to adopted land use on the west side of Riley Road.  Such designation would allow some commercial and personal service development at the intersection of Route 29 and Riley Road – but not a shopping center. 

 

Care should be taken to reserve whatever land will be needed for the eventual expansion of Route 15/29.  The very narrowness of the White House property, and its proximity to the Riley Road intersection and acceleration lane, will preclude access from Route 29.  Then again, limited frontage on Riley Road will undoubtedly require most carefully designed and spaced access to the collector road to ensure safety in accordance with Virginia Department of Transportation requirements.  Some provision for coordinated commercial entrances and median breaks will also be required to accommodate safe traffic movements between Mixed Use centers on both sides of Riley Road.

 

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.

 

Comprehensive Plan Amendment:

 

Zoning

 

The Zoning office has the following comments:

 

1.                     The proposed rezoning cannot be approved without an amendment to the Comprehensive Plan to change the land use classification to allow commercial uses in this area currently designated for residential use. 

 

Engineering Considerations

 

The Engineering Department has reviewed the above referenced project and has the following comments:

 

1.                  Provide source of water and sewer.  Show utility connections if public.

 

2.                  Additional ROW dedication may be required.  Specifically, the northwest corner of the property appears to be closer than 55 feet to the centerline of Riley Road.

 

VDOT

 

The Warrenton Residency has the following comments: 

1.                  Provide anticipated average daily traffic counts to determine necessary frontage improvements.

 

 

 

Rezoning:

 

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. A summary of staff and referral agency findings, comments, and recommendations are provided below.

 

Zoning

 

The Zoning office has the following comments:

 

1.                     A Major Site Plan consistent with the provisions of Article 12 of the Fauquier County Zoning Ordinance is required prior to obtaining building and zoning permits.  Although a detailed Concept Development Plan (CDP) is provided, any future site plans must conform to the Zoning Ordinance requirements even if not shown on the CDP.

 

2.                     Staff further notes that the two properties proposed to be rezoned are likely to require consolidation in order to construct any buildings meeting the requirements of the zoning ordinance with respect to setbacks, and are definitely required to be consolidated to construct the buildings shown on the Concept Development Plan.  The CDP shows structures located across existing property lines.

 

Engineering Considerations

 

The Engineering Department has reviewed the above referenced project and has the following comments:

 

1.                     Provide source of water and sewer.  Show utility connections if public.

 

2.                     Additional ROW dedication may be required.  Specifically, the northwest corner of the property appears to be closer than 55’ to the centerline of Riley Road.

 

3.                     The County soils maps indicate that there are soils characterized as having a high water table and potential wetlands in the area of pond #2.  This area may not be appropriate for a dry pond.

 

4.                     All ponds and outfall structures are to be kept 25 feet from the property lines.  Trees, shrubs, and any other woody plants are not to be planted on the embankment or adjacent areas extending to at least 25 feet beyond the embankment toe and abutment contacts.  This area is to be within a maintenance easement.  Tree save areas and landscaping cannot be in these areas.

 

5.                     The drainfield, septic tank and well (if one exists), should be abandoned per Health Department requirements.

 

Soil Scientist

 

After reviewing the above stated rezoning plat stamped by Timothy W. Vaughn, P.E. on February 15, 2005, the following comment is made: The soils on this site are adequate for the proposed use.

 

Summary and Recommendations:

 

Planning Commission and staff recommend approval of both applications.  The proposal for the rezoning is a reasonable and appropriate use for this infill location at the intersection of Riley Road and U.S. 15/29.

 

It should also be recognized that the adjoining 2+ acre portion of Bishop’s Run is being considered by the County as a future replacement location for the solid water transfer/recycling facility near Snow Hill.

 

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

  1. Fauquier County Department of Community Development
  2. Virginia Department of Transportation

 

ATTACHMENTS:

 

  1. Rezoning Plat & Concept Development Plan
  2. Proffer Statement
  3. Statement of Justification