PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

Rodgers Family Limited Partnership, Owner /

Fauquier County Board of Supervisors, Applicant

 

August 9, 2007

 

Staff Lead:
Holly Meade, Senior Planner

Department:
Community Development

 

Magisterial District:  Center
Service District: 
Warrenton

 

PIN:
6993-07-7710-000

Topic:

An Ordinance to Approve REZN07-CT-008 to Rezone Approximately 55.56 Acres from Rural Agricultural (RA) to Industrial-1 (I-1) and Industrial-2 (I-2) 

(and) 

A Resolution  to Approve SPPT07-CT-031:  A Category 17 Special Permit to Allow for an Existing Contractor’s Office, Shop and Material Storage Yard

 

Topic Description: 

The applicant wishes to rezone approximately 55.56 acres (44.35 and 11.20 respectively) from Rural Agricultural (RA) to Industrial-1 (I-1) and Industrial-2 (I-2).    The application is being filed along with a Category 17 Special Permit for an existing contractor’s office, shop and material storage yard. 

The County has entered into a three party agreement with the Rodgers Family Limited Partnership and the Fauquier County Fair Board to acquire approximately 4.5 acres of the Rodgers property for the Central Sports Complex and to lease approximately 6 acres of the sports complex property to the Fair Board for parking and other fair-related purposes.  As part of the agreement, the County agreed to initiate a rezoning request for the remaining portion of the Rodgers property to an industrial/employment classification, with proffers related to buffering and limitations on uses allowed, among other items. 

Background:

Approximately five years ago, the Board of Supervisors acquired 70 acres of a larger 130-acre tract, with frontage along Meetze Road (Route 643) and Old Auburn Road (Route 670), from the Rodgers Family Limited Partnership for the development of a sporting and recreational complex to serve the citizens in the central portion of Fauquier County.  The property adjoins the Fauquier County Fairgrounds.  Subsequently, the Fauquier County Fair Board sought to lease a portion of the new Central Sports Complex property for parking and other fair-related activities.  In order to accommodate the needs of the Fairgrounds and to provide for the recreational needs of the community, additional acreage is needed for the park to offset the land leased to the Fair Board.  In February 2007, the Board of Supervisors authorized the execution of an agreement to acquire additional property from the Rodgers property adjoining the Central Sports Complex and to lease property to the Fair Board.  

Rezoning:

On May 10, 2007 the Fauquier County Board of Supervisors passed a Resolution to initiate a rezoning application for the Rodgers Family Limited Partnership property (P.I.N. 6993-07-7710-000). 

The property to the north of the southern boundary of the power line easement (44.35 acres) is proposed for I-1, Industrial Park, and the area to the south of the power line easement (11.20 acres), where Piedmont Contracting and Moriah Farm facilities are located, is proposed for I-2, General Industrial zoning.  As is evident in the proffers, all heavy industrial uses, as defined in 5-1703.1 of the Zoning Ordinance have been proffered out in addition to other uses not suitable in this area. 

With a rezoning application, conformance with the Comprehensive Plan is extremely important.  The Warrenton Service District Plan has two major references to this property:

    1. Campus/employment designation – employment uses are recommended in a campus-like setting.  As the larger I-1 parcel is developed, employment opportunities will become available.  The owners have proffered the future submission of a coordinated development plan as well as an overall architectural theme for the future buildings.   In accord with Section 2-39 (3) (G) of the Fauquier County Subdivision Ordinance, this “Plan of Development” for industrial property will then allow the general subdivision of lots for sale or future development. 
    2. Highway Corridor Overlay – Meetze Road is one of the major entries into Warrenton and is designated in the Plan as a gateway.  The Comprehensive Plan encourages any new construction to exhibit the traditional agrarian characteristics of the Piedmont area, such as having the appearance and scale of traditional farmhouses, barns and other farm buildings.  Street landscaping is to blend in with its neighbors and hide wide expanses of parking and pavement.  To the extent practical, parking should be to the side or rear of new structures and will not intrude visually on the fronting road.  The owners have proffered conditions consistent with these Plan recommendations.

In addition, enhanced buffering along the Old Auburn Road frontage is proposed as illustrated on Sheet 6 of the accompanying rezoning plats.

Special Permit:

Piedmont Contracting is a full-service site development and utility contractor, specializing in estimating, earthmoving, clearing, site utilities and concrete work.  Additionally, Piedmont Contracting provides services to many agricultural and farming operations in the region, and works on both large and small projects.  The current number of employees, both on-site and in the field, varies between 25 and 70.  About 10 employees are on-site, including office personnel and mechanics.  Piedmont has a current inventory of approximately 20 pieces of off-road heavy equipment and 8 highway vehicles (pick-ups and heavy trucks).  There is minimal outdoor storage and the only time heavy equipment is located on site would be for repairs, pick-up and delivery.  All repair work is performed within the existing shop building.  

Currently the 11.2-acre portion of the property is the site of the Moriah Farm farming operation and the location of the contractor’s office/shop and material storage yard.  The office building is shared by both Moriah Farm and Piedmont Contracting.  The contracting operation occupies only one additional structure on the property, shown as Piedmont shop/repair on the Special Permit Plat.  The remaining structures are currently used by, and will continue to be used by, Moriah Farm.  All of the existing structures on-site were constructed as agriculture buildings for the use of the farming operations and have been determined as agriculture related structures exempting them from building code requirements permits and inspections.  All structures to be used for the farm operations will remain with no proposed changes.  All structures being used for the contractor’s office and shop/repair will secure proper permits, inspections and a certificate of occupancy through the Building Office, meeting the building code requirements.  Following Special Permit approval, a Minor Site Plan will be submitted meeting all ordinance provisions.    The entrance along Meetze Road is shown as the current entrance with no proposed changes.  A proffer has been provided that requires the owner to work with Fauquier County and VDOT on a shared entrance with the Central Sports Complex, along Meetze Road, if determined necessary by VDOT for safety reasons.  If this occurs, then at the time such shared entrance and associated road improvements on Meetze Road are complete and operational, the owner shall abandon its existing entrance.  As the entrance to the Central Sports Complex is designed, the staff will need to work with VDOT to ensure the use of recreational grant funds for a shared entrance.

 

Land Area, Location and Zoning:  

The property is located at the intersection of Meetze Road (Route 643) and Old Auburn Road (Route 670) adjacent to the Central Sports Complex.  It is zoned Rural Agricultural (RA).  A map of the property is shown below:

 

Neighboring Zoning/Land Use:

The subject property is bounded on the southeast by the proposed Central Sports Complex, on the north across Old Auburn Road by residential and vacant land and on the southwest, across Meetze Road by an equipment supply business and vacant land. 

 

Action Requested of the Board of Supervisors:

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

Planning Commission Recommendation:

On July 26, 2007, the Planning Commission recommended approval of these applications, subject to the conditions included in the attached Resolution for Board of Supervisors’ consideration and by acceptance of the associated proffers.

 

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 and have the following comments:

Zoning Office:

An analysis of the General Standards for a Special Permit Request is outlined below.  With the conditions noted herein, this Special Permit request complies with the general standards.

Code Section

 Standard

 Review

General Standards

5-006.1

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 Special Permit is sought for the purpose of bringing an existing illegal contractor office, shop, and material storage yard into compliance with the Zoning Ordinance. No new facilities are proposed. The property is described as industrial in the comprehensive plan.

 

5-006.2

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.

This is not a pedestrian oriented use. The existing vehicular entrance will be used until such time as it is vacated for a shared entrance with the adjacent Central Sports Complex.

5-006.3

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

Existing trees provide a significant buffer adjacent to the county park parcel

5-006.4

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.

No open space is required.

5-006.5

Adequate utility, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided.  Parking and loading requirements shall be in accordance with the provisions of Article 7.

The Applicant acknowledges that all utilities, drainage, parking, loading and other necessary facilities to serve the use shall be provided in accordance with the ordinance. These issues can be addressed in detail on the Site Plan.

 

5-006.6

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.

Signs are not addressed in the application. All signs must meet Zoning Ordinance requirements and receive proper permits.

 

5-006.7

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 long-term plans for this immediate area are industrial.

5-006.8

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.

There is an area of floodplain at the southern corner of the property. No structures or activity is shown in the floodplain area. During the Site Plan process, Stormwater/BMP issues will be addressed if required.

5-006.9

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 existing one story office building will be within the 75’ side setback abutting the county park parcel. The building will be significantly screened from the county parcel.

 

Engineering Office:

The Engineering Office worked directly with the applicant’s engineer and has received a revised plan addressing the comments below.    

  1. On sheet 8, Area A4 designates a regional pond with 65% credit for phosphorus removal. This is not a regional pond so the removal rate has to be revised to 50%. The soils map on sheet 3 indicates that the pond in area A1 is located in an area this is characterized as having a high water table and therefore this is not suitable for a dry pond as is designated. This pond should be converted to an enhanced extended detention pond. This designation will allow the removal rate for this sub area to be raised to 50%. When you revise both of these sub areas in Part 3 of the BMP calculations you are still under the 40% minimum removal rate that is required for the site. One way to fix this is to shift the pond in area A3 downhill a little bit and increase the drainage area to at least 11.3ac.
  2. An area near the entrance is designated as possible wetlands. Wetlands are required to be shown with rezoning applications. Furthermore, the Central Sports Complex site shows much more extensive wetlands in this area that appear to extend into the Rodgers property. Provide the source of the wetland information shown.
  3.  If additional right-of-way dedication is required for Meetze Road the pond in area A4 will have to be shifted so the toe of slope of the pond embankment is at least 25 feet away from the right-of-way. If additional right-of-way is required for Old Auburn the same setback will apply.

Soil Scientist’s Office:

Based on the Official Fauquier County Soil Survey, the 60 acre site has the following ratings for development using conventional drainfields:

-          57% is rated GOOD (53C, 45C)

-          12% is rated MARGINAL (40C, 47C)

-          13% is rated POOR (48B)

-          18% is rated NOT SUITED (10A, 16B)

Areas rated MARGINAL to NOT SUITED are due to issues with depth to bedrock (40C), depth to water table (10A, 16B, 48B), landscape position (10A, 16B, 48B) and shrink-swell potential (48B).  Map units 10A and 16B may contain hydric soil inclusions, meaning that these are areas that may contain jurisdictional wetlands.  The site also contains soils that are classified as “Prime Farmland” (13% of the site), with an additional 62% of the soils being classified as “Statewide Important.”  There is about 0.5 acres of floodplain in the southern tip of the tract.

Virginia Department of Transportation (VDOT):

In their comments, VDOT requested a Traffic Impact Analysis prior to the rezoning of the 44.35 acres proposed for Industrial (I-1) zoning.  VDOT has stated they have no objection to the Rezoning and Special Permit requests for the 11.2 acres which is the current location of Piedmont Contracting.

In December, 2006, VDOT’s central offices located in Richmond adopted state-wide “Traffic Impact Analysis Regulations Administrative Guidelines.”  These regulations outline when a Traffic Impact Analysis is required as part of a development proposal.  VDOT’s requirements went into effect July 1, 2007, but are being phased by the various Districts.  Culpeper District, which includes Fauquier County, does not start implementing these requirements until January, 2008.  Based on this timing and the fact that development is being postponed for several years, necessitating the need for an updated plan at that time, staff does not feel a Traffic Impact Analysis is pertinent at this stage.

Submission of a Traffic Impact Analysis has been proffered with the submission of the first site plan for the I-1 parcel.  The following comments received from VDOT will be addressed during the site plan process: 

1.      Plans need to indicate existing right-of-way width on Routes 670 and 643, and right-of-way dedication a minimum of 25 feet from centerline.

2.      Vehicle trips per day need to be provided for both existing and proposed uses.

3.      A traffic impact analysis and master plan should be provided prior to the rezoning to determine any impacts.  The proffers are indicating providing a TIA with the first site plan, but at that time the zoning has already been approved.

4.      Concerns were raised during the planning of the Central Park about the impact of traffic on Route 670 which led to the entrance being proposed on Route 643.  The Moriah Farm rezoning is indicating two entrances on Route 670, but no documentation has been provided for the traffic generation.

5.      The latest plan on file for the Central Park does not show the location of the existing entrance to the Moriah Farm, but it appears that there is minimal separation between the entrances.

6.      Illustrate the needed road improvements for the Central Park on the plan in order to evaluate any potential conflict, and demonstrate any right-of-way needed for those improvements.

7.      There appears to be an access easement proposed from the Moriah Farm over to the road into the Central Park.  The main road into the Central Park is proposed to be constructed as a recreational access road project through VDOT, and access to this road from an industrial use could affect the status of that project.  The recreational access guide
indicates that the alignment for recreational access roads should avoid allowing access to residential or commercial development.  A reduced street width is allowed for recreational access roads because of the low volume and type of vehicles that will be utilizing the road, and the introduction of large construction equipment to this traffic could create a safety problem.

8.      VDOT has no objection to the rezoning of the 11.20 acres of the farm that it is the existing Piedmont Contracting offices in order to provide zoning consistent with the current use.

Summary and Recommendations:

If the Board of Supervisors wishes to approve Rezoning REZN07-CT-008 and Special Permit SPPT07-CT-031, staff has prepared conditions for the Special Permit request: 

  1. The use must be in general conformance with the Special Permit Plat (Sheet 5) dated May 17, 2007.
  2. The contractor storage operation shall be limited to the shop building and shared use of the office building (with farm operation).
  3. All repair work shall be performed within the existing shop building.
  4. Outdoor storage shall be limited to equipment and vehicles only, with the area for storage clearly identified on the site plan and screening provided if storage is visible from the street or park property. No more than 20 pieces of equipment shall be stored on-site with no more than 8 highway vehicles parked on-site.
  5. The existing trees areas abutting the county park parcel must be located within a tree preservation easement within one year of approval of the Special Permit application to ensure their existence and maintain the existing buffer.
  6. All signs must meet Zoning Ordinance requirements and receive proper permits.  Any unpermitted signs shall be removed.
  7. Building permits shall be secured for the shop and office building within one year of approval of this special permit.
  8. Site plan approval is required for the portion of the site occupied by the existing use within one year of approval of this special use permit.

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

Fauquier County Department of Community Development
Department of Parks and Recreation
Commissioner of the Revenue
Fauquier County Fair Board
Fauquier County Department of Economic Development

 

ATTACHMENTS:

1.      Rodgers Family Limited Partnership at Moriah Farm Rezoning/Special Permit Plat

2.      Statement of Justification

3.      Signed Proffers dated August 8, 2007

Back to Agenda...