Board of Supervisors Meeting Date:


Bishops Run, LLC, Owner

Angler Development, LLC, Applicant


November 10, 2004


Staff Lead:


Melissa Dargis, Assistant Chief of Planning



Community Development


Magisterial District:









A Resolution to Approve SPEX05-SC-005, A Category 1 Special Exception to Allow for Up to Twenty (20) Residential Apartment Units Above a Retail Center


Topic Description: 


The applicant wishes to obtain Special Exception approval under Category 1, which would allow for construction of up to twenty (20) residential apartment units above a commercial retail center.  On May 17, 2004, the County approved the Bishops Run Mixed Use Community rezoning.  This approval included the ±9 acre Neighborhood Retail Center with apartment units above the commercial retail that are now being considered in this application.  The entire parcel is ±30 acres.  This application only pertains to the ±9 acre portion identified on the Special Exception Plat called “Bishops Run Retail Center,” dated August 27, 2004.


The proposed apartments, as articulated in the approved Bishops Run Proffer Statement, would be limited to 1½ stories, restricted to one-bedroom units with lofts and have residential architectural features consistent with the “Town Center Mixed Use Complex” dated February 1, 2004.  The approved Proffer Statement, as revised on May 17, 2004, provides for the following list of uses to be precluded from the mixed-use buildings:


    1. Auto Repair Garage
    2. Car Wash
    3. Motor Vehicle Impoundment Yard
    4. Automobile Sales
    5. Broadcasting Studio
    6. Recreational Vehicle Storage Area
    7. Kennel/Animal Shelter
    8. Funeral Home
    9. Recycling Center


In addition, the applicant has also agreed to preclude the following uses or similar uses (although not addressed in the proffers) in the mixed residential use buildings:


    1. Medical Care Facility, Minor or Major;
    2. Golf, Miniature;
    3. Veterinary Clinic;
    4. Furniture Repair, Cabinet Making, Upholstery, More Than 5,000 sq. ft.;
    5. Welding, Sheet Metal Shops, Less or More Than 5,000 sq. ft.; and
    6. Any Category 14 Use except vehicle part sales, installation (not including repair garage).


The applicant has also submitted a request for the 20% reduction in parking for the Bishops Run Retail Center per the Fauquier County Zoning Ordinance, Article 7, 7-102.  The applicant notes that this request is based on industry standards that shared parking between integrated commercial and residential uses is consistent with sound planning principles.  Specifically, the proposed land uses on the site have different parking peak periods and thus common parking areas suit the needs of the multiple users.  This submittal includes the Bishops Run Parking Study that demonstrates that the parking provided, 280 spaces (versus the 347 required) will be adequate to support the variety of commercial uses and residential apartments at the site. 


The applicant feels that the apartment units would expand the diversity and viability of the approved retail center.  With respect to the Fauquier County Comprehensive Plan, this application proposes to enhance and promote the following land use objectives by constructing the twenty (20) residential apartment units above a commercial retail center:


  1. Provide affordable housing opportunities to the County’s moderate income residents
  2. Provide a new housing opportunity for New Baltimore residents; one which is consistent with the County’s “diversity of housing types” for its Service Districts.
  3. Represent a managed growth philosophy of directing the County’s residential growth where there is sufficient infrastructure to support it.
  4. Be consistent with the community’s long-term vision for New Baltimore.


The following parking tabulations were provided by the applicant:



Parking Required

Parking Provided

Residental Units (20)






Retail Sales (12,700 SF)



Restaurants (12,800 SF)



Commercial/Office (17,000 SF)










The request to reduce the parking requirements by 20% is consistent with the Fauquier County Zoning Ordinance Section 7-102.  This can be accommodated via the Special Exception approval for the nonresidential components of the development.  And, it removes the requirement for visitor parking spaces for the residential portion of the development.  Parking space credit can also be given for spaces provided along adjacent roads.


The applicant has presented staff with a detailed parking analysis, to permit a thorough evaluation of the proposed parking allotment in relation to the mix of uses anticipated on the property.  Staff believes that shared parking will work on the property and that there will be differing uses with differing peak parking demands.  The Zoning Ordinance (Article 7) standards for residential uses in C-1 districts permit the Board of Supervisors the authority to reduce the required parking by 20%.  In addition, the parking section of the Zoning Ordinance also makes provision for the Board to reduce parking requirements for neighborhood retail commercial uses that are located with an orientation toward pedestrian or bicycle traffic and if parking may be provided cooperatively between uses with the ability to share spaces based on hours of operation.  Based on the uses in this proposed mixed-use development, the on street parking that may be available, and the various hours of operation, staff believes a 20% reduction of the required parking for the non-residential uses and a reduction in the required visitor parking for the residential may be appropriate.


The ordinance requires 10% green space and the applicant proposed to have 25% green space, 66,250 square feet (SF).  Consolidated usable open space required is 4,000 SF for this project and the applicant proposed to exceed that amount and have 12,000 SF.


Requested Action of the Board of Supervisors:


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


Planning Commission Recommendation:


On October 28, 2004, the Planning Commission recommended approval of this item, subject to a series of development conditions.


Financial Impact Analysis:




Land Area, Location and Zoning:    


The property is located on the north side of Broad Run Church Road (Route 600).  It is zoned Commercial Neighborhood (C-1).  A map of the property is shown below.





Neighboring Zoning/Land Use:


The subject property is currently zoned C-1 (Commercial).  Adjacent zoning is as follows:  R-4 (Residential) to the north; C-1 and R-1 to the south; R-1 to the east and C-1 to the west.  The zoning on this parcel is consistent with the character of a Commercial - Neighborhood Center which is generally a town center type district that allows neighborhood commercial activities and some residential uses.


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.  Findings, comments, and recommendations are summarized below. The actual responses from referral agencies are included as attachments.


Zoning Comments


The following is a summary of zoning staff comments:


  1. Proposed use and structures comply with the minimum requirements of Article 3 Part 4 of the Fauquier County Zoning Ordinance; however the Building Restriction lines need to be provided.


  1. Additional Review Comments:


a)      General Standards 5-103.2.c requires that a streetscape be provided with sidewalks and trees.  Please be more specific on the site plan and connect the sidewalks along the frontage.


b)      The SWM facility has been removed from this plan.  


c)      The applicant must submit a parking management strategy for assuring that convenient parking is maintained and preserved for residents of the mixed use buildings as part of this application.


d)      The sidewalks must connect along Riley Road and provide access for adjacent residents and businesses.


e)      The parking shown on the plan must show all size and spaces.  The proposed use should include the maximum number of parking for the square footage provided for commercial retail establishments, residential parking, and the required handicap parking with a breakdown of each.


f)        Please provide appropriate information on water and sewer availability.  The proposed use has not identified well, septic or public water and sewer.


g)      A major site plan consistent with Article 12 of the Fauquier County Zoning Ordinance must be submitted for approval after the Special Exception Approval.    The information included on all site plans shall be in accordance with the requirements set forth in Articles 12-302 and 12-303 of the Fauquier County Zoning Ordinance.


h)      A lighting plan must be included with the site plan and consistent with the requirements set forth in Article 9-1000 of the Fauquier County Zoning Ordinance if operations are during evening or night hours.


i)        A landscape plan must be included with the site plan and consistent with the requirements set forth in Article 7-604 of the Fauquier County Zoning Ordinance.  It is strongly encouraged that the existing vegetation remain on the property, and additional landscaping along the property lines be added to reduce noise and glare appearance from the property.




After reviewing the Special Exception plat, the following comments are made:


As stated in previous staff report dated August 12, 2004, Special Exception applications require soil survey information be incorporated into the plans.  The following is a list of requirements:


1)      The County Soil Survey Map showing all soil mapping units, drainageways, and spot symbols on parcel.  The Soil Survey Map is available from the Geographic Information System (GIS) office.


2)      The soil map shall have a symbol legend if spot symbols are used (drainageways, rock outcrops, springs, etc…) describing each symbol shown on soil map.


3)      The source of the soils map shall be clearly stated on same sheet as soil map.  “Preliminary soils information via Fauquier County Soil Survey (originally mapped at 1 inch = 1320 feet).”


4)      Summary of soil characteristics and use potential shall be stated from the most recent Interpretive Guide to the Soils of Fauquier County, Virginia, for all mapping unit symbols shown on soil map.  State source (i.e. Interpretive Guide to the Soils of Fauquier County, Virginia, 4th Edition – 2002).


5)      The soil map shall be overlain with the lot layout and all infrastructure.


Parks and Recreation Department


The Parks and Recreation Department submits its comments on the aforementioned proposal as follows:


1.      Park land dedication – Using state standards of 10 acres of local parkland per 1,000 population, and a projection of 20 units X 2.89 persons per unit, this equates to a need of approximately .6 acres of parkland.


2.      Under the county’s proffer statement of $730 per dwelling to offset cost associated with new recreational facility construction this development would owe $14,600. Money could be used across the street at Ritchie School.




The Warrenton Residency staff reviewed the Special Exception and has the following comments:

1.      Provide sight distance profiles for both entrances to demonstrate they meet the minimum required sight distance in accordance with the Minimum Standards of Entrances to State Highways.


2.      Sidewalk has been shown adjacent to Riley Road, but the plan does not indicate the type or who will be responsible for the maintenance.  VDOT does not generally maintain sidewalk on ditchline roadways.  In order for VDOT to assume maintenance responsibility, the sidewalk will need to be constructed in accordance with the Subdivision Street Requirements Manual.  Any proposed sidewalk should be located in a manner that does not conflict with the ultimate design of the road.


5.      There appears to be an interparcel connection shown to the residential property, but it is not clear if this is consistent with the proposed plan for the residential streets.  The connection between the proposed state maintained road and the private street needs to be reviewed.  Is the road shown on shown on the north side of the commercial property proposed to be public or private?


6.  VDOT does not have any comments regarding the apartment units over the retail center, but we will need to review the site plan.


Summary and Recommendations:


After working out project refinements and conditions with the applicant, staff asks the Board of Supervisors to consider concurring with the Planning Commission’s finding and recommend approval of this item, subject to a series of development conditions for the Bishops Run mixed-use residential buildings. 


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

Fauquier County Department of Community Development




  1. Special Exception Plat
  2. Statement of Justification
  3. Comments from the Fauquier County Zoning Department
  4. Comments from the Fauquier County Soil Scientist
  5. Comments from the Fauquier County Parks and Recreation Department
  6. Comments from Virginia Department of Transportation