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:
August 13, 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:

A Resolution to Consider 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

Project Update:

The applicant provided a revised illustrative plan (Attachment 1) dated July 16, 2009 and a draft Code of Development (Attachment 2) dated July 22, 2009.  (A complete Code of Development is required with a rezoning application to the MU-Bealeton District.)  The applicant previously provided staff with a memo dated May 12, 2009 (Revised: May 26, 2009) (Attachment 3).  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.” 

At the Board meeting on July 9, 2009, members considered the “enhancements” offered by the applicant.  Board members discussed changes and additions to the 14 point “enhancements”. Staff took the comments from Board members and revised them into a Comprehensive Plan Text Amendment for Board consideration (Attachment 4).  

The staff refined text amendment includes:

  • The total of all residential units shall not exceed 675;
  • The project shall generate a positive fiscal impact (revenue/expenditure);
  • Dedication of a fire station/emergency services site and an elementary school site;
  • 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;
  • The requirement for a phasing plan that ties commercial development to residential development;
  • Purchase of development rights/transfer of development rights;
  • Illustrative Plan;
  • Draft Code of Development; and
  • An effective date clause whereby the 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.

Should the Board of Supervisors choose to extend the service district boundary to include the 125 acres requested by the applicant and amend the land use designations as requested by the applicant, the text drafted by staff could serve as text for the Comprehensive Plan in lieu of the text requested by the applicant.

Topic Description:

The applicant is seeking to expand the Bealeton Service District by approximately 125 acres (Attachment 5).  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 (Attachment 6).  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 proposed text and a draft Code of Development to be included in the Comprehensive Plan and asked for inclusion in the Comprehensive Plan of an Illustrative 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 7 for previous staff analysis and review agency comments.  

Board Summary and Action of July 9, 2009:

A public hearing was held at which twenty members of the public spoke.  Twelve members of the public requested favorable consideration of the project.  Eight members of the public spoke in opposition to the project.  Board members expressed their views and concerns on the proposal.  The public hearing was continued and action was postponed for thirty days.

Board 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:

The Board of Supervisors has held a work session and two public hearings on this application.  Members have had the opportunity to review the staff analysis, listen to the public, and carefully weigh the issues associated with expanding the Bealeton Service District and changing the land use designations.  Board members and staff had considerable reservation with the applicant’s text amendment and staff prepared an alternate text amendment should the Board be inclined to approve the service district expansion and land use changes proposed by the applicant.

Staff continues to have concerns with including the applicant’s most recent illustrative (Attachment 1) in the Comprehensive Plan.  Unlike earlier illustratives, this one is very detailed and staff foresees future problems should the illustrative not comply with all aspects of the MU-Bealeton Zoning District. To offset this concern, the staff prepared text amendment clearly notes that the illustrative “establishes the general framework for the road network and the general location of commercial, institutional and residential areas and open space to guide preparation of a Development Master Plan upon which the future rezoning would be evaluated.”  It is not meant to be a detailed plan, such as the one that must be filed with a future rezoning. 

The applicant has spent considerable effort on a draft Code of Development that is dated July 22, 2009. Staff has not had time to properly review this very detailed document.   Since a complete Code of Development is required with a rezoning application to the MU-Bealeton Zoning District, staff does not recommend its inclusion with this Comprehensive Plan Amendment. 

Requested Action of the Board of Supervisors:

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

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 Fire, Rescue and Emergency Services
Sheriff’s Department
Fauquier County Public Schools
Area Residents and Businesses

Attachments:

1.       Applicant’s Revised Illustrative Plan Dated July 16, 2009

2.       Applicant’s Draft Code of Development Dated July 22, 2009

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

4.       Staff Refinement to Comprehensive Plan Text Amendment

5.       Proposed Service District Expansion

6.       Proposed Land Use Plan: Figure BE-1/Cheatham Farm

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

 

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