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Location, Zoning and
Current Land Use:
The property is located at
5020 Lee Highway. It is zoned Rural Agricultural (RA).
Consistent with the RA zoning category, the property is
located in a district where agriculture and forestry are the
predominant uses. A map of the property is shown below:
Surrounding Zoning and
Current Land Use:
Surrounding parcels are
zoned RA and the southern portion of the property is bounded
by Route 15/29. South of Route 15/29, the parcels are zoned
Commercial Highway (C-2).
Staff and Review Agency
Comments:
Staff and 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. Following each comment
is a staff note in italics stating how the comment has been
addressed.
There have been no new
comments received since these items were reviewed at the
Planning Commission.
Planning Office
The applicant has met the
requirements of Zoning Ordinance Section
5-006, General Standards for
Special Permits and Special Exception Uses. General
standards for all Special Exceptions require that the
proposed use will not adversely affect the use or
development of neighboring properties, will not conflict
with existing traffic, and other such criteria to protect
the surrounding environment. In this case, the proposed
expansion of the use will not cause degradation of the
surrounding area or add traffic.
In addition, the following
standards for
floodplain uses are relevant for the proposed project:
Standards for All Category
23 Uses
1. No such use shall
cause an increase in the level of flooding or velocity of
flood waters.
The proposed use of
displaying landscaping rocks and like materials will not
cause an increase in the level of flooding or velocity of
flood waters.
2. No such use shall
create a potential hazard of debris subject to movement by
flood waters which might cause damage downstream.
The rocks will not cause
a potential hazard of debris subject to movement by flood
waters which might cause damage downstream, because they are
not buoyant and will not float away.
3. The John Marshall
Soil and Water Conservation District shall be given the
opportunity to comment on such uses.
JMSWCD will comment at
site plan stage.
4. The applicant shall
have obtained and shall present evidence attesting any
applicable approvals by State and Federal authorities
concerning such a use.
There are no applicable
state and federal approvals needed for the display of
landscaping rocks in the floodplain.
5. Materials and
equipment stored in the floodplain shall not be buoyant,
flammable or explosive, and shall not be subject to major
damage by flooding or such materials and equipment must be
firmly anchored to prevent flotation or movement and/or can
be readily removed from the area within the time available
after flood warning.
The materials requested
are landscape rocks, which are not buoyant, flammable or
explosive, nor are they subject to major damage by flooding.
6. Special exceptions
shall only be issued after the Board of Supervisors has
determined that the granting of such will not result in (a)
unacceptable or prohibited increase in flood heights, (b)
additional threats to public safety, (c) extraordinary
public expense, (d) create nuisances, (e) cause fraud or
victimization of the public, or (f) conflict with local law
or ordinances.
If approved, this special
exception will not result in an increase in flood heights,
additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud or victimization of
the public or conflict with local laws or ordinances.
7. Special exceptions
shall only be issued after the Board of Supervisors has
determined that the special exception will be necessary to
provide the applicant with reasonable use of the parcel of
land in question, taken as a whole.
The display of the
proposed goods in the floodplain is a benefit to the owner
of the property, the applicant and (according to the
applicant) to the county. In 2007 the applicant sold over
$300,000 worth of stone at this location. The location of
the display, in close proximity to Route 15/29 is important
to the applicant.
8. The Zoning
Administrator shall notify the applicant for a special
exception in writing, at the time of filing, that the
issuance of a special exception to construct a structure
below the one hundred (100) year flood elevation (a) will
increase risks to life and property, and (b) will result in
increased premium rates for flood insurance.
Noted.
9.
A record of
the above notification as well as all special exception
actions, including justification for their issuance, shall
be maintained and any special exceptions which are issued
shall be noted in the annual report submitted to the Federal
Insurance Administrator.Noted.
Additional Standards for
Plant Nursery/Greenhouse, Retail Sales, in Rural Zoning
Districts
1.
The minimum lot size shall be five (5) acres.
The use is located on a
106-acre parcel.
2.
No building, structure, outdoor storage, parking or
loading area shall be located within 50 feet of any lot
line.
The applicant meets this
standard and notes that its parking has been in existence
prior to this standard being in effect.
3.
Off-street parking, loading and outdoor storage areas
shall be effectively screened.
All areas shall be
effectively screened with the Site Plan, if required.
4.
No sales of power tools, garden vehicles or machinery
shall be conducted on the premises.
The applicant meets this
standard.
Engineering
The Engineering Department
has reviewed the above referenced Special Exception,
Category 23, for display of landscaping rocks and like
materials in the 100-year floodplain as well as the Special
Permit, Category 18, and recommends the following conditions
of approval.
1.
A drainage
study shall be provided with the site plan demonstrating
that the display of landscaping rocks and like materials
within the floodplain will not cause an increase in the
level of flooding or velocity of flood waters on adjacent or
downstream properties.
A Special Exception
Condition has been drafted to address this requirement.
2.
The
approximately 30,000 square foot site used for display of
landscaping rocks and like materials shall meet SWM/BMP
design criteria in accordance with the Fauquier County
Design Standards Manual.
Information for the
applicant (for Site Plan).
Zoning
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Staff would note that a
Special Permit was approved for this site on March 2,
1972. This original use area is depicted as existing on
the current Special Permit Plat. Since that time, the
use has been expanded beyond the area approved by that
Special Permit and now extends into the floodplain, in
conflict with the provisions of Section 4-406.7 of the
Fauquier County Zoning Ordinance. The area of this
expansion is denoted on the Special Permit Plat as “New
Stone Center Display Area.” A notice of violation dated
December 12, 2007 was sent to the property owners citing
the following violations on the property:
a.
Expanding
materials into the floodplain area;
b.
No site plan
for retail nursery sales;
c.
No Special
Permit approved to allow storage in the floodplain;
d.
No standards
met for floodplain uses;
e.
No site plan
approved.
Upon receiving the Notice of
Violation, the Applicants promptly met with staff to
determine the best way to clear up the violations. Instead
of removing the new area, the Applicant is undertaking the
process of obtaining permits that will legalize the entire
use. These applications are the result. The Special Permit
will cover the previously approved area and the expansion of
the retail nursery. The Special Exception is for the
display of materials in the 100-year floodplain and is
required by Section 4.406.7 of the Zoning Ordinance.
The Special Exception and
Special Permit requested in this application seek to cure
the aforementioned zoning violations.
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Staff would further note
that there appears to be numerous sign violations on the
property. Within the RA zoning district the property is
limited to a 32 square foot identification sign.
Information for the
applicant.
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A site plan shall be
required for this use, if approved.
The Site Plan pertains to
the requested area on the plat titled “New Stone Center
Display Area.”
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The following Zoning
Ordinance standards are applicable:
a.
5-006 General
Standards;
b.
5-1801
Standards for All Category 18 Uses in Rural Zoning
Districts;
c.
5-1804
Additional Standards for Plant Nursery/Greenhouse, Retail
Sales, in Rural
Zoning Districts as follows:
1.
The minimum
lot size requirement shall be five (5) acres.
2.
No building,
structure, outdoor storage, parking or loading area used for
or in conjunction with such use shall be located within
fifty (50) feet of any lot line.
3.
Off-street
parking, loading and outdoor storage areas shall be
effectively screened.
4.
No sales of
power tools, garden vehicles or machinery shall be conducted
on the premises.
d.
5-2301,
Standards for All Category 23 Uses.
The following findings are
required by the Board in order to grant this Special
Exception: That the granting will not result in (a)
unacceptable or prohibited increase in flood heights, (b)
additional threats to public safety; (c) extraordinary
public expense, (d) create nuisances, (e) cause fraud or
victimization of the public, or (f) conflict with local law
or ordinance. (Section 5-2301.6). The Board must also find
that the special exception will be “necessary to provide the
applicant with reasonable use of the parcel of land in
question, taken as a whole.” (Section 5-2301.7)
Zoning Staff defers to
Planning Staff the assessment of standard compliance. Staff
notes that a site plan is required for this use and, in
conjunction with the new portion of the property, will be
required to be provided, including along the Route 29
frontage.
Please see the earlier
“Planning Staff” comments for detail on how the applicant
has met each of these standards.
Soils
Findings:
Based off the Fauquier
County Soil Survey and the Interpretive Guide to the Soils
of Fauquier County, VA, this parcel contains soils listed as
“NOT SUITED” for general development using a conventional
septic tank and drainfields due to high potential for
shrink-swell soils and a high water table. The remainder of
the site (3%) is listed as “MARGINAL” due to slow
percolation in the subsoil. The majority (69%) of the site
is listed as “hydric” and 28% of the site may have hydric
soil inclusions meaning there is a potential for
jurisdictional wetlands. Also 3% of the site is rated as
“Statewide Important Farmland.”
Information for the
applicant. There are no buildings or drainfields requested
with this application.
Virginia Department of Health
This office has no objection
to the proposal. However, our records indicate there is not
an approved sewage disposal system for the nursery. The
applicant would need to receive permission from the county
in order to retain the two existing portable toilets on a
non-temporary basis. If approved, application will need to
be made through this office and the privies must be
maintained in accordance with all requirements of Sec. 17-16
b. of the County Code. If not approved, the applicant will
need to contract with a private soil evaluator to locate an
area suitable for a sewage disposal system and reserve; or
tap into public sewer if available.
The original Special
Permit approval did not have a time limit on it. The
continued use of portable toilets under the original
permission (Special Permit) may continue as long as the
parameters of that use have not been violated. The
additional storage area does not trigger the need for
upgraded facilities.
Summary and Recommendation:
All agency comments have
been addressed.
Planning Commission
Action:
On October 30, 2008, the
Planning Commission unanimously recommended approval of this
item, subject to conditions.
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