RESOLUTION 

A RESOLUTION TO DENY REZONING APPLICATION RZ03-M-01, PIN: 6969-87-8431-000, MARSHALL DISTRICT , J. WILLIAM GILLIAM, APPLICANT, JOHN W. MILLS, TRUSTEE, OWNER

            WHEREAS, the owner of the property, identified by PIN 6969-87-8431-000, has requested to rezone the identified property from R-4 (Residential) to C-2 ( Commercial Highway ); and

WHEREAS, on September 26, 2002 , the Planning Commission conducted a public hearing on the request; and 

WHEREAS, the Planning Commission identified a number of issues relating to public safety and consistency with the Comprehensive Plan and deferred action to allow the applicant to address these issues; and

WHEREAS, the applicant did not address these issues as requested by the Planning Commission; and

WHEREAS, at its meeting on November 21, 2002 , the Planning Commission considered RZ03-M-01 and voted to recommend to the Board of Supervisors that this rezoning request be denied for the reasons listed below; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 16th day of December, 2002, That Rezoning RZ03-M-01, J. William Gilliam, Applicant, John W. Mills, Trustee/ Owner, is hereby, denied for the following application deficiencies:

(1)               The applicant has failed to provide sufficient justification showing that the present zoning for the parcel is either unreasonable or was a mistake.  Failure to provide justification includes but is not limited to the following:

·                    A Transportation Impact Analysis (TIA) was not provided for this application.

·                    VDOT has indicated that at least a limited study of the adjacent intersection would also be appropriate. None was provided

·                    The proposed conceptual design calls for one access point to Route 622 and two access points to Route 17. Based on current information about the existing and projected traffic at and around the site, access to Business Route 17 cannot be permitted as shown. The applicant must provide a traffic study demonstrating why this position can and should be waived.

·                    The site is across from the proposed “Carter’s Crossing” subdivision, which will be providing a trails component. The development of this site has not addressed the potential for providing a linkage to this system as an alternative access to the proposed facility.

·                    The County Soil Scientist characterizes this property as being located on a broad flat ridge that is subject to an intermittent high water table. The soil is expected to have a high shrink/swell potential, low bearing capacity, and a slow percolation rate. These conditions indicate the potential for a relatively high level surface runoff that must be addressed on-site. In order to determine the suitability of soils more accurately, a Type I soil map should be provided as an overlay. This has not been done

·                    Surface drainage patterns have not been shown on the Conceptual Development Plan (CDP).

·                    Stormwater Management and Best Management Practices (SWM/BMP) are required on this site but are not shown on the CDP as required by the Stormwater Management Ordinance.

·                    Intermittent high water will make an infiltration system infeasible, thus an appropriate system needs to be shown on the CDP and has been omitted.

·                    The proposed facility is a probable high water consumer. The utilization of public water and sewer still must be addressed. Comments on this rezoning have been requested from both the Marshall Water Works and WSA; to date, neither has provided a response.

·                    Consistency with the Comprehensive Plan is questionable. The adopted Marshall Service District component of the Comprehensive Plan designates this area for commercial highway use.

(2)               Applicant has failed to provide proffers adequately addressing the impacts of the proposed rezoning.

(3)        Applicant has other reasonable uses available for the property under the present zoning district category.