board of supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2016/01272016/item1.pdf ·...

1300 Courthouse Road, P. O. Box 339, Stafford, VA 22555‐0339 Phone: (540) 658.8600 Fax: (540) 658.7643 www.staffordcountyva.gov

Board of Supervisors

Robert “Bob” Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings

Anthony J. Romanello, ICMA‐CM

County Administrator

January 27, 2016

MEMORANDUM TO: Stafford County Planning Commission

FROM: J

SUBJECT: RC15150925; Reclassification – Stafford Lakes Plaza Minor Proffer

Amendment

ATTACHMENTS:

1. Proposed Ordinance and Resolution

2. Proposed Proffers, dtd 1/20/16

3. Generalized Development Plan, dtd

12/10/15

4. Location Map

5. Application and Related Materials

6. Ordinance O07-13, with original Proffer

Statement

ISSUE:

Consider the request to amend proffered conditions on Tax Map Parcel Nos. 44-62 and 44-62B,

consisting of 25.77 acres, zoned B-2, Urban Commercial.

BACKGROUND:

Location: On the north side of Warrenton Road, east of the intersection with Village

Parkway

Election District: Hartwood

Applicant/Property Owner: Steven Klebanoff

Sumner Falls Run, LLC

5110 Nahant Street

Bethesda, MD 20816

Agent: H. Clark Leming, Esq.

Leming and Healy P.C.

1

http://www.staffordcountyva.gov/

Memorandum to: Stafford County Planning Commission January 27, 2016 of 10

Current Use: Undeveloped Proposed Use: Commercial retail and office uses with motor vehicle fuel sales and

convenience store Application Date: October 5, 2015 (complete application December 14, 2015) Advertisement Dates: January 12, 2016 and January 19, 2016 Time Limit: April 26, 2016 Staff Project Manager: Michael Zuraf, AICP Comprehensive Plan: Commercial Corridor within Suburban & Resource Protection Future Land

Use Designations

Zoning Classification: B-2, Urban Commercial


Abutting Properties: Location Zoning Use Comprehensive Plan North A-1, Agricultural Undeveloped Suburban & Resource Protection South B-2, Urban Commercial Retail / Grocery Store Commercial Corridor / Suburban East B-2, Urban Commercial Multi-tenant Retail Commercial Corridor / R-1, Suburban Residential Single-family Residential Suburban West B-2, Urban Commercial Undeveloped Commercial Corridor / Suburban Utilities: The property will be served by the public water and sewer system. There is an existing 12-

inch water main running along Warrenton Road and an existing 10-inch gravity sewer line that bisects the site, running from Stafford Lakes north to Falls Run.

Roads: The subject property is located along Warrenton Road. Warrenton Road in this location is

a 4-lane divided facility with a posted speed limit of 45 miles per hour and estimated traffic volume of 39,000 vehicle trips per day according to the 2014 VDOT Daily Traffic Volume Estimates.

Schools: There would be no impact to the County School system. Parks and Recreation: There would be no impact on the County Park system.

Proffer Valuation: A proffer statement has been submitted with this application. No monetary proffers are

being modified with this request. Noise Impacts: The use is not intended to generate loud noises. The proffer amendment would not

increase the noise intensity from uses already permitted under the original zoning. Light Impacts: The proposed site lighting would be installed in compliance with Section 28-87 of the

Zoning Ordinance. The proffer amendment would not increase the lighting intensity from uses already permitted under the original zoning.

Existing Conditions: The subject property is located on the north side of Warrenton Road, east of the

intersection with Village Parkway. On the opposite side of Warrenton Road from the site is a Walmart Supercenter and other undeveloped commercial pad sites. To the east along


Warrenton Road is a multi-tenant commercial retail complex and residences that are within the Cardinal Forest subdivision. To the north and west are undeveloped properties.

The site is undeveloped, has generally level terrain adjacent to Warrenton Road due to prior site grading. On the northern half of the site, the land slopes down to Falls Run. The graded area consists of open grassed area and the areas not graded next to Cardinal Forest and Falls Run are wooded. Falls Run is a perennial stream with a 100-foot Critical Resource Protection Area (CRPA) buffer and 100-year floodplain.

COMMENTS: The applicant is proposing to construct a vehicle fuels sales facility with convenience store as the first use of the overall commercial retail and office complex. The proposed design of the site and building details conflict with two of the existing proffers, including: internal street access points and fire sprinkler requirements. This proffer amendment will allow for design of the site that promotes optimal traffic flow and relief from fire suppression requirements further described in this report. The applicant originally proposed amendment of these proffers to satisfy the minor proffer amendment requirement that no more than two proffers be amended. Staff requested additional proffers be amended for consistency and to conform to the latest GDP details and outdated stormwater management requirements. A concurrent application for a Conditional Use Permit (CUP15150926) has been submitted to allow motor vehicle fuel sales in a B-2, Urban Commercial Zoning District and HC, Highway Corridor Overlay Zoning District, and a convenience store in a HC Overlay Zoning District. The proposed 5,400 square-foot convenience store will be located central to the site and surrounded by drive aisles and parking spaces. The fueling stations with 16 gas pumps and canopy will be oriented towards Warrenton Road. The site has direct access off of future internal streets for the overall commercial complex that provides access off of Warrenton Road. There is no direct access into the site from Warrenton Road.


Generalized Development Plan

Zoning History The property was rezoned from A-1, Agricultural to B-2, Urban Commercial on May 15, 2007 with proffers. The original development scheme envisioned a commercial retail and office complex with anchor stores to the rear and several pad sites fronting on Warrenton Road. On March 11, 2010, an Infrastructure Plan was approved for grading of the overall property and installation of utilities. Since this time, no development has occurred.


Original Generalized Development Plan

Proffer Amendments The proposed amendments to the existing proffers are summarized below. The proposed proffer document is included in Attachment 2: Multiple Proffers • add to all proffers referencing “Village Parkway” a statement that this street is “now changed to Main

Entrance - Private,” as reflected on the Generalized Development Plan; Proffer 7 • only require automatic sprinklers in buildings more than one story or 6,000 square feet;

Proffer 10 • along the private access Road A, reduce the access distance to Warrenton Road from 180 feet to 140

feet and add measurement details;

Proffer 12 • along the Main Entrance drive, add that the cross streets on each side shall be aligned, reduce the first

drive entrance distance to Warrenton Road from 180 feet to 140 feet, and add measurement details; and


Proffer 18 • delete specific stormwater management quantity control requirements. EVALUATION: Street Naming The main site entrance would line up with Village Parkway, a collector road serving the majority of Stafford Lakes Village. The original GDP and proffers identified the street name continuing into this project for the main entrance drive into the shopping center. Although the streets line up, staff determined that it would not be appropriate to continue the street name “Village Parkway” to the north of Warrenton Road. The origin of the street has already been determined to be from the south side of Warrenton Road to its terminus in the Stafford Lakes neighborhoods. The type of each road is drastically different and Warrenton Road would be an appropriate point to change the name. Any new name for the shopping center entrance would occur during site plan review. Automatic Sprinklers Currently the proffers require all buildings be equipped with sprinkler systems for fire suppression. The applicant is requesting a modification as the convenience store building, given its function and smaller size, does not require fire sprinklers. Modifications would require sprinklers for larger buildings, more than one story or over 6,000 square feet. This amendment was reviewed by the Fire Marshal’s Office and deemed acceptable. This amendment mirrors a recent proffer amendment for the North Stafford Office Complex on Garrisonville Road to accommodate a Sheetz convenience store. Access Drive Entrance Setbacks Original proffers #10 and #12 required that access into the individual pad sites along Private Access Road A and the Main Entrance Drive be setback 180 feet from Warrenton Road. The original GDP illustrated the access points to the rear of the pad sites. Royal Farms, the specific user along Private Access Road A, is requesting a reduction of the entrance setback to 140 feet from Warrenton Road. The entrance is shown in the following Exhibit A. Staff notes that the proposed entrance lines up with the drive aisle between the convenience store and fuel pumps.

Exhibit A – Road A Access Point


Although the pad site along the Main Entrance Road does not have a specific user at this point, the proffer was also reduced to 140 feet to provide flexibility. The location of the potential entrance is shown in the following Exhibit B.

Exhibit B – Main Entrance Access Point

The applicant has also added additional details to both proffers #10 and #12, clarifying how the distance is measured. The 140 foot distance would be measured from the future third through travel lane on Warrenton Road. VDOT reviewed the proposed amendment and determined that there would be no negative impact to traffic on Warrenton Road. Stormwater Management Requirements Proffer #18 requires enhanced stormwater quantity control to be provided subject to the County requiring this of all properties in the watershed above Cardinal Forest. This was in response to potential erosion concerns. Staff notes that this measure was never approved by the County and since the approval of this proffer, the County adopted new stormwater regulations. Staff suggested the applicant delete this portion of the proffer. The applicant will still be required to meet current stormwater regulations as the project develops. The final part of proffer #18 would remain. It requires the applicant to contribute $10,000 to a County fund or Cardinal Forest HOA to be used for maintenance or expansion of the Cardinal Forest culvert crossing of Falls Run. Staff originally suggested the entire proffer be deleted, but has since requested the applicant retain that proffer should the need arise to address erosion issues along Falls Run. Comprehensive Plan The Comprehensive Plan identifies this site as being within a Commercial Corridor as part of the Suburban land use designation. Commercial Corridors are intended to encourage commercial activities where there are adequate transportation facilities to accommodate proposed uses. Suburban Areas of the County are areas where suburban scale of development is most appropriate. These areas are intended to serve as infill development in the proximity of the established communities in the northern and southern


areas of the County and in close proximity to major existing or planned transportation networks. Development densities should not exceed three dwelling units per acre for residential development and a floor area ratio (FAR) of 0.4 for non-residential development. Staff believes the proposed amendments to the proffers maintain the site’s consistency with the Comprehensive Plan recommendations. EVALUATION CRITERIA: Section 28-206 of the Zoning Ordinance lists twelve (12) criteria to be considered at each public hearing for reclassification. A summary of each criteria are as follows: 1. Compliance of the request with the stated requirements of the district or districts involved - The

use is in compliance with the stated requirements of the B-2 zoning district and Highway Corridor Overlay District.

2. The existing use and character of the property and the surrounding property - The property is currently undeveloped open fields. The adjacent properties fronting Warrenton Road include primarily retail uses and a few undeveloped properties; land to the east contains the Cardinal Forest residential community; other property to the north and west is undeveloped.

3. The suitability of the property for various uses - The conditions of the site make it suitable for a variety of uses. The site is generally level and sensitive resources are located to the rear of the property.

4. The trend of growth and development in the surrounding area - Development in this vicinity is

experiencing new commercial development. Across Warrenton Road from this site is a Walmart Supercenter and other developing pad sites.

5. The current and future requirements of the county for land - No County needs are identified on the

site. The applicant, through the original proffers, is improving Warrenton Road consistent with the Transportation Plan.

6. The transportation requirements of the project and the county, and the impact of the proposed land

use on the county transportation network - The proposal should have minimal impacts to the surrounding transportation network. The applicant, through the original proffers, is improving Warrenton Road consistent with the Transportation Plan. VDOT determined that the proffer modification would not be detrimental to the transportation network.

7. Requirements for schools, parks, recreational lands and facilities, and other public services, potentially generated by the proposed classification - The proposal would not have any increased impact on schools or parks and recreational lands and facilities. The use may increase the need for fire, rescue and emergency services; however, proffered fire suppression for certain uses that would otherwise not require fire suppression may minimize that need.

8. The conservation of property values in the surrounding area - Staff believes that the project would not have a negative effect on any property values in the surrounding area. The proposed use is consistent with the current zoning of the property. Required street and transitional buffers are designed to minimize visual and noise impacts.


9. The preservation of natural resources and the impact of the proposed uses on the natural environment - The site is large enough to adequately accommodate development outside of the sensitive natural resources, including the CRPA along the northern property line.

10. The most appropriate use of land - The Land Use Plan recommends a Commercial Corridor within Suburban land use in this location. The use is consistent with the development trend in the area, and it could provide services to support area neighborhoods.

11. The timing of the development of utilities and public facilities and the overall public costs of the

development - Public water and sewer utilities are located in the vicinity of the project and are adequate to serve this site. Public roads are in place to support this development. The cost of connecting to the existing utilities and transportation improvements will be borne by the applicant.

12. The consistency, or lack thereof, of the proposed rezoning with the Stafford County Comprehensive Plan as in effect at that time - The proposal is consistent with the Comprehensive Plan.

SUMMARY OF POSITIVE AND NEGATIVE FEATURES: POSITIVE: 1. The proposal is in conformance with the Comprehensive Plan. 2. Adjustments to site layout standards do not negatively impact the transportation network. 3. Additional text clarifies intent of development standards. 4. Removes outdated stormwater management requirements. NEGATIVE: 1. No apparent negative impacts. RECOMMENDATION: Staff recommends approval of the application, pursuant to Ordinance O16-15 with the proposed amended proffers. JAH:mz Attachments (6)

O16-15

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

ORDINANCE

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Administration Center, Stafford, Virginia, on the day of , 2016: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Robert “Bob” Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

AN ORDINANCE TO AMEND AND REORDAIN THE STAFFORD COUNTY ZONING ORDINANCE BY AMENDING THE PROFFERED CONDITIONS ON TAX MAP PARCEL NOS. 44-62 AND 44-62B, ZONED B-2, URBAN COMMERCIAL ZONING DISTRICT, WITHIN THE HARTWOOD ELECTION DISTRICT

WHEREAS, Sumner Falls Run, LLC, applicant, submitted application

RC15150925 requesting an amendment to proffered conditions on Tax Map Parcel Nos. 44-62 and 44-62B, zoned B-2, Urban Commercial Zoning District, within the Hartwood Election District; and

WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; and

WHEREAS, the Board determined that the requested zoning, and amended proffer conditions, is compatible with the surrounding land uses and zoning and meets the zoning classification evaluation criteria; and

WHEREAS, the Board finds that public necessity, convenience, general welfare,

and good zoning practice require adoption of this ordinance to amend proffered conditions on the property;

Attachment 1 Page 1 of 4

O16-15 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of

Supervisors on this the day of , 2016, that the Stafford County Zoning Ordinance be and it hereby is amended and reordained by amending the proffered conditions on Tax Map Parcel Nos. 44-62 and 44-62B, zoned B-2, Urban Commercial Zoning District, as specified in the final proffer statement entitled, “Proffers” dated January 20, 2016.

AJR:JAH:mz


R16-43

PROPOSED


RESOLUTION

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Administration Center, Stafford, Virginia, on the day of , 2016: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Robert “Bob” Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

A RESOLUTION TO DENY AN APPLICATION TO AMEND AND REORDAIN THE STAFFORD COUNTY ZONING ORDINANCE BY AMENDING THE PROFFERED CONDITIONS ON TAX MAP PARCEL NOS. 44-62 AND 44-62B, ZONED B-2, URBAN COMMERCIAL ZONING DISTRICT, WITHIN THE HARTWOOD ELECTION DISTRICT WHEREAS, Sumner Falls Run, LLC, applicant, submitted application

RC15150925 requesting an amendment to proffered conditions on Tax Map Parcel Nos. 44-62 and 44-62B, zoned B-2, Urban Commercial Zoning District, within the Hartwood Election District; and

WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; and

WHEREAS, the Board determined that the requested zoning and amended

proffer conditions, is incompatible with the surrounding land uses and zoning; and WHEREAS, the Board has considered the criteria in Stafford County Code Sec.

28-206 and finds that this request does not meet the standards of the Zoning Ordinance for an amendment to proffered conditions;


R16-43 Page 2

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of

Supervisors on this the day of , 2016, that application RC15150925 be and it hereby is denied. AJR:JAH:mz


Assessor’s Parcels 44-62 and 44-62B RC ______________

Sumner Falls Run LLC October 5

December 30January 20, 2015

PROFFERS

Sumner Falls Run LLC, (“the Applicant”), has applied for a Minor Proffer Amendment

for Assessor’s Parcels 44-62 and 44-62B, consisting of approximately 25.7738 acres, (the

“Property”). In the event the above-referenced Minor Proffer Amendment is not approved as

applied for by the Applicant, the below-described proffers shall be withdrawn and are

automatically null and void of no further force and effect. In the event the Minor Proffer

Amendment is approved, it shall take effect and shall thereafter apply to the subject parcel

identified above. The Proffers shall be deemed accepted by the Board upon approval of the

Minor Proffer Amendment as applied for by the Applicant, the expiration of the 30-day appeal

period following the Board’s approval, and confirmation that no litigation has been filed

challenging the Minor Proffer Amendment. Whenever the terms of the Minor Proffer

Amendment refer to the affirmative obligations of the Applicant to make improvements to the

Property, the term Applicant shall refer to the owner(s) of the Property at the time of

development of the Property, their successors and assigns.

1. Prior to the issuance of building permits for more than 50% of the gross leasable

area on the parcel, the Village Parkway extension (now changed to Main Entrance - Private) onto

the adjacent parcel (Parcel 44-61A) shall have been constructed by the owner of the adjacent

parcel.

2. The principle exterior building materials shall be brick, glass, architecturally

textured masonry, architectural pre-cast or job-cast concrete, stucco type material, or compatible

material. No building having metal siding or non-textured cinderblock as a principal exterior


2

building material shall be constructed. For one and two story buildings fronting Warrenton

Road, either pitched roofs or varied architectural detailing, such as varied cornices and roof-edge

detailing, shall be used. For the retail buildings at the rear of the parcel, use façade breaks and

elevation detailing to avoid a long single building plane. Dominant colors shall generally be of

low reflectance, subtle, and neutral or earth tone colors (e.g. such as beige, sage, forest greens,

blues, grays, browns, terracotta, sand, cast stone, etc.) and shall not include high intensity black,

bright white or fluorescent tones. The elevations by Bignell Watkins Hasser dated December 15,

2006, are illustrative only, yet they reflect the use of various building materials and the general

character of design and design coordination for the buildings to be located on the Property.

Nothing herein shall be construed to prohibit national and regional retail users of buildings on

the Property from reasonably employing general features of their prototype architectural design,

provided the building design and colors are consistent with this paragraph.

3. The Applicant shall provide and construct the third thru lane and continuous turn

lane across the frontage for Assessor’s Parcel 44-62B (and provide any necessary additional right

of way so that the right of way line across the Property is 72 feet from the centerline of the full

right of way for Warrenton Road) on or before the earlier of (i) the issuance of occupancy

permits for 25% of the gross leasable area of the parcel, or (ii) the issuance of occupancy permits

for 25% of the gross leasable area of the buildings directly fronting Warrenton Road. Prior to

occupancy of the first building, those improvements required for the right-in/right-out entrance

on Warrenton Road shall be constructed.

4. Applicant agrees that the development of the Property will generally be consistent

with the General Development Plan prepared by Rinker Design Associates, PC dated May 15,

2006, as revised July 24, 2006 (the “GDP”), with respect to the following elements of the GDP:


3

(1) direct parcel access to Warrenton Road and to Village Parkway extended (now changed to

Main Entrance - Private) shall be as generally shown on the GDP and as set forth within these

proffers; (2) the buildings will not exceed three stories and will be directed toward either

Warrenton Road or Village Parkway extended (now changed to Main Entrance - Private); and (3)

the interparcel connections to Tax Map 44, Parcels 61A and 63 will be as generally shown on the

GDP. The following uses shall not be permitted on the Property:

Adult businesses, Commercial apartments, Indoor flea market, Machinery Sale and Service,

Warehousing, Mini-Storage, Building material sale and storage yard and mulch sale, Funeral

home, Lumber/building/electrical/plumbing supply with covered storage, Motel, Recreational

enterprise, and Car Wash. Hotel is permitted provided it provides enclosed stairways and access

points to the rooms and is located a minimum of 400 linear feet from the property line abutting

the residential homes of Cardinal Forest, Section One. The overall development will include a

minimum of 20,000 square feet of office space.

5. While the Applicant intends to retain existing 50-foot landscape buffering

material undisturbed between the site and Cardinal Forest, Section One, as shown on the General

Development Plan, the Applicant will supplement the landscape material where necessary in

areas in which there are any significant gaps in the retained buffer area. Such added landscape

material shall be subject to the approval of the County’s landscape inspector and shall include a

mixture of deciduous and evergreen material. Applicant shall install an eight foot privacy fence

(selection of material to be discussed with abutting residential owners prior to construction)

along the buffer area bordering the residential lots of the above subdivision and shall install

evergreen landscaping (e.g. eight foot Leland cypress or similar) along the fenced area.

Landscape areas that adjoin Warrenton Road and Village Parkway extended (now changed to


4

Main Entrance - Private) shall utilize a mixture of evergreen and deciduous trees and shrubs,

subject to any VDOT and County approval required.

6. Any freestanding signs shall be monument style signs, without neon, and such

monument signs shall be of a consistent design on Assessor’s Parcels 44-62 and 44-62B.

7. All buildings more than one story or 6,000 square feet shall be equipped with

sprinkler systems for fire suppression.

8. Any retaining walls on the property shall be designed and constructed to minimize

impacts and disturbance to the Resource Protection area (the “RPA”). Any section of retaining

wall located closer than 10 feet to the limits of the RPA will be subject to review by the County

as to design and construction means and methods to evidence constructability without

disturbance to the RPA. Any disturbance to the RPA shall be subject to approval by the County.

9. Prior to major grading and clearing operations, the limits of the RPA and any

buffer areas to be maintained shall be clearly identified on site and protected during construction.

10. Direct parcel access to Warrenton Road shall be limited to one right-in/right-out

entrance as generally shown on the GDP (labeled Road A - Private) with such entrance to be

located a minimum of 400 feet from the intersection of Village Parkway (now changed to Main

Entrance - Private). From this access to the Property, there shall be a minimum of 140 180 feet

of distance into the parcel prior to the first drive access serving the interior pad sites. The there

shall be a minimum of 180 140 feet of distance into the parcel shall be measured from the edge

of the future third through lane on Warrenton Road to the near face of curb of the proposed

entrance.

11. The Applicant shall provide any necessary construction and access easements that

may be required for the adequate alignment of the extension of Village Parkway (now changed


5

to Main Entrance - Private) to serve Parcel 44-62 and 44-61A and shall provide an easement, if

necessary, for the location of traffic signal equipment required by VDOT at the Village Parkway

intersection with Warrenton Road.

12. Along the Village Parkway access extension (now changed to Primary Road -

Private) onto Parcel 44-61A, Applicant will place drive entrances generally as shown on the

GDP and Parcel 44-61A and Parcel 44-62B shall coordinate those drive entrances with a cross

street aligned on each side of Main Entrance -Private. The first such drive entrance shall be a

minimum of 180 140 feet from Warrenton Road. The 140 feet of distance into the parcel shall

be measured from the edge of the future third through lane on Warrenton Road to the near face

of curb of the proposed entrance.

13. Within the area of the Property designated as Resource Protection Area, (“RPA”),

the Applicant agrees to dedicate sanitary sewer and temporary construction easements to Stafford

County sufficient in width to accommodate a future increase in size of, and the extension of, the

Falls Run Interceptor. The proffered easement areas will not extend beyond the limit of the RPA

and shall be the minimum width necessary under Stafford County easement guidelines pertaining

to size and depth of sewer. The easement location within the RPA will be determined by

Stafford County in consultation with the Applicant, with the caveat that the location chosen will

not impact any construction undertaken by or planned by the Applicant adjacent to the limits of

the RPA, including stormwater management facilities and retaining walls. The Applicant shall

provide a copy of its property survey and topography to the County. The Applicant shall agree

to a plat of the location and limits of the easement area during the County’s full and complete

design of the Falls Run Interceptor expansion and extension and agree to the recordation of the

deed of dedication and plat upon County approval of the design plans and funding approval for


6

the complete expansion and extension of the Falls Run Interceptor from I-95 through the

Property. This proffer is intended as a covenant that shall run with the land and shall be binding

on the Applicant and any future successor or assigns of the land which is the subject of this

rezoning.

14. Adjacent to the residential lots numbered 10 through 14 along the eastern property

boundary, the edge of the Applicant’s buildings shall not be located closer than 100 feet from the

common boundary line with these residential lots.

15. Trash dumpsters will be scheduled for pick-up after 8 a.m. and before 9 p.m.

16. The stormwater management pond shall have fencing installed along its perimeter

as appropriate.

17. Adjacent to the face of any building located within 150 feet of the common

property line with the residential lots numbered 10 thru 14 of the Cardinal Forest Subdivision,

Applicant shall install trees adjacent to the building such that as they mature will serve to

obscure the building glazing facing directly towards such residential lots to the extent feasible.

Applicant shall plant trees with an initial height of 10 feet. Applicant agrees to consult with the

Planning Director, or his designee, with respect to the types of trees to be planted and their

spacing. Applicant agrees that it will maintain any such trees and agrees to replace any that may

die.

18. With respect to stormwater management quantity control, in the event prior to the

Applicant’s site plan submission the County requires all properties in the Falls Run watershed

above Cardinal Forest Drive to provide quantity control for the 20 year storm, the Applicant shall

provide such quantity control and, if technically feasible and reasonably practicable, the

Applicant shall provide 10% of the 10 year quantity management control amount through


7

infiltration. If the County does not enact such a requirement At the time of site plan approval,

Applicant shall contribute $10,000 to a County fund or the Cardinal Forest HOA to be used

towards the cost of any maintenance or expansion of the Cardinal Forest culvert crossing of Falls

Run.

SUMNER FALLS RUN LLC

By ____________________________

Name: _________________________

Title: __________________________

COMMONWEALTH/STATE OF _______________

COUNTY/CITY OF _________________, to wit:

I, the undersigned, a Notary Public in and for the County and State aforesaid, do

hereby certify that _______________ has personally acknowledged the same before me in my

aforesaid jurisdiction for the corporation.

GIVEN under my hand and seal this ____ day of __________, 2016.

_______________________

Notary Public

My Commission Expires: _____________


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RC15150925; ReclassificationProduced by the Stafford County Department of Planning and Zoning540-658-8668 | P.O. Box 339 Stafford, VA 22555

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±Produced: 12/30/2015

STAFFORD LAKES PLAZA MINOR PROFFER AMENDMENT

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Impact Statement

Falls Run Retail CenterStafford Lakes Plaza

Stafford Lakes Plaza Royal Farms @ Falls Run Retail Center.

Minor Proffer Amendment (Tax Map Parcels 44-62 and 44-62B)

Conditional Use Permit (Tax Map Parcel 44-62B, part)

October 5, 2015

Revised December 30, 2015

This application seeks a Minor Proffer Amendment and a Conditional Use Permit for a

convenience store with gas pumps for the Falls Run Retail Center Stafford Lakes Plaza. This

25.7738 acre project was originally rezoned with proffers on May 15, 2007 from A-1 to B-2.

Development is proposed for 73,000 square feet of office space and 144,500 square feet of retail

space (the construction of a minimum of 20,000 square feet of office space is proffered). The

Minor Proffer Amendment does not propose any changes to uses or density. Two proffers are

were originally proposed to be modified: the location of internal pad site entrances and a

requirement for fire suppressant systems. Staff requested the deletion of the proffer #18

concerning stormwater management, as the system has already been constructed.

A concurrent conditional use permit application is sought for approximately 5,371 square

foot convenience store with 16 gas pumps. The Property is located on the northern side of

Warrenton Road, on the northeast quadrant of the intersection of Warrenton Road and Village

Parkway. Commercial development is consistent with the Comprehensive Plan's Suburban

designation of this Property. All impacts described below, unless otherwise noted, concern the

impact of the proposed convenience store with gas pumps.

1. Capacity Impact

A.) Highway - The Property has two entrances on Warrenton Road: a full entrance

originally referenced as Village Parkway Extended (now described as Main Entrance-Private) 1,

and a right-in/right-out entrance identified as Road A. In addition, there are 2 inter-parcel

connections to adjacent parcels. Warrenton Road is a four lane north-south undivided highway.

The latest (2014) VDOT posted daily traffic volume is 39,000 ADT. The Applicant submitted a

traffic study as part of the 2007 rezoning, which studied and recommended mitigation for all

traffic generated by the Property. As a result, the Applicant proffered the construction of a third

through lane and continuous right-turn lane on Warrenton Road across the frontage of the

Property, as well as the necessary right-of-way. Additional improvements were proffered for the

right-in/right-out entrance in 2007. No additional traffic will be generated by either the minor

proffer amendment or the conditional use permit use.

A traffic study prepared by The Traffic Group dated September 24, 2015 has evaluated

the impact of the traffic generated by the convenience store with fuel pumps, and has determined

that there is minimal impact on the two Warrenton Road intersections from the convenience store

traffic. The study finds that the convenience store with gas pumps generates 243 AM peak hour

trips and 290 PM peak hour trips, but that LOS of the two intersections will remain at or above

LOS C for all movements.

1 Staff requested the change of the road's name because the road does not meet the definition of a parkway north of

Warrenton Road.


2

In the event that the applications are denied, commercial development will still be

permitted on the Property.

B.) Utility Impact - This project shall be served by public water and sewer

along Warrenton Road. The Property is within the Urban Services Area. There is sufficient

pressure and capacity to serve the proposed project. Fire protection will also be provided for the

project along with the domestic water demand. This project is located within the 520 pressure

zone.

Water: The anticipated water demand for the Property is as follows:

Commercial: 1.91 acres x 2,000 gpd/ac. = 3,820 gpd

The anticipated water demand would not change if the conditional use permit is not approved.

Sewer: This project is located in the Falls Run Sewer Shed. The treatment facility

serving this area has adequate capacity for this project. The anticipated sewage demands for the

project are as follows:

1.91 acres commercial x 2,000 gpd/ac. = 3,820 gpd

The anticipated sewer demand would not change if the conditional use permit is not approved.

C.) Schools/Recreational Facilities –

Proposed: Commercial development of this Property would not generate demand

for schools or recreational services.

Current: Commercial development of this Property would not generate demand

for schools or recreational services.

D.) Storm Drainage – The Property will utilize BMPs.

E.) Fire and Rescue – The closest Fire and Rescue Station is Station #12, Berea.

which is located about 3 miles from the Property.

2. Comprehensive Plan and Zoning Ordinance Consistency –

A.) Comprehensive Plan: The Property is designated Suburban in the Comprehensive

Plan.

B.) Zoning Ordinance: The Property is currently zoned B-2. The Property is within

the Highway Corridor Overlay District (HCOD).

C.) HCOD Access and Internal Circulation Plan: The access and internal circulation

plan will be submitted at site plan, based on the final location of buildings on site.


3

There are 2 inter-parcel connections proffered in connection with the 2007 zoning

approval.

3. Environmental Impacts – None identified in the 2007 rezoning.

4. Historic Resources, Cemeteries, and Endangered Species - None identified in the 2007

rezoning.

5. Fiscal Impacts - Continuing Annual Revenues –

Development of a 5,371 square foot convenience store would yield the following

continuing annual revenues in the form of real property, business property, meals, and sales tax

based on an appraised value of $880,000 per acre.

Real Estate Tax $880,000 x $1.019 x 1.91 acres

$100.00 = $17,127.35

Business Property – In addition, the following business property tax will be generated:

5,371 sq. ft. x $25 sq. ft. x $5.49 x 40% = $2,948.68

$100.00

Total: $20,076.03

If the conditional use permit is not approved, other commercial development may be developed

on this Property. Valuation would not likely change.

6. Adjacent Properties - This project is on the north side of Warrenton Road. The Royal

Farms convenience store is surrounded on three sides by vacant land that is zoned to contain

commercial uses. Royal Farms will front Warrenton Road. Adjacent parcels on either side of

the area subject to the Minor Proffer Amendment are zoned B-2, as is the property on the south

side of Warrenton Road. The residential development of Cardinal Forest abuts the back portion

of the Property subject to the Minor Proffer Amendment. The 2007 proffers provides for

supplemental buffering as necessary along the common boundary between the Property and

Cardinal Forest Section One, as well as the installation of an eight foot tall privacy fence.

7. Noise, Dust and Smoke Impacts – This project will not provide any adverse impacts to

users or adjacent property owners from noise, dust, and smoke.

8. Architectural Design – Architectural design was addressed in the 2007 proffers for the

area subject to the Minor Proffer Amendment. No change to these proffers is proposed.

Renderings of the proposed convenience store, canopy and signage designs are attached to the

Conditional Use Permit's GDP.



ORDINANCE

007-13

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, Stafford County Administration Center, Stafford, Virginia, on the 15th day of May, 2007: ----------------------------------------------------------------------------------------------------------MEMBERS: Jack R. Cavalier, Chairman Mark Dudenhefer, Vice Chairman M.S. "Joe" Brito Peter J. Fields Robert C. Gibbons Paul V. Milde III George H. Schwartz

VOTE: Yes Yes Yes No No Yes Yes

----------------------------------------------------------------------------------------------------------On motion of Mr. Brito, seconded by Mr. Mil de, which carried by a vote of 5 to 2, the following was adopted:

AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY FROM A-1, AGRICULTURAL, TO B-2, URBAN COMMERCIAL, ON PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL 44-62, HARTWOOD ELECTION DISTRICT

WHEREAS, Sumner Partners, LLC, applicant, has submitted application RC2600390 requesting reclassification from A-1, Agricultural, to B-2, Urban Commercial, of property consisting of approximately 26.12 acres, located on the north side of Warrenton Road, approximately 800 feet northwest of Cardinal Forest Drive, Hartwood Election District; and

WHEREAS, the Board has carefully considered the recommendation of the Planning Commission and staff and the testimony at the public hearing; and

WHEREAS, the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 151h day of May, 2007, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the Zoning District Map to reclassify the parcel of land, as shown on the plat of survey by Target Surveys, Inc., dated February 4, 2003, revised March 21, 2003, from A-1, Agricultural, to B-2, Urban Commercial, with the following proffers:


007-13 Page 2

1. Prior to the issuance of building permits for more than 50% of the gross

2.

, leaseable area on the parcel, the Village Parkway extension onto the adjacent parcel (Parcel 44-61A) shall have been constructed by the owner of the adjacent parcel.

The principle exterior building materials shall be brick, glass, architecturally textured masonry, architectural pre-cast or job-cast concrete, stucco type material, or compatible material. No building having metal siding or nontextured cinderblock as a principal exterior building material shall be constructed. For one and two story buildings fronting Warrenton Road, either pitched roofs or varied architectural detailing, such as varied cornices and roofedge detailing, shall be used. For the retail buildings at the rear of the parcel, use fa9ade breaks and elevation detailing to avoid a long single building plane. Dominant colors shall generally be of low reflectance, subtle, and neutral or earth tone colors (e.g. such as beige, sage, forest greens, blues, grays, browns, terracotta, sand, cast stone, etc.) and shall not include high intensity black, bright white or fluorescent tones. The elevations by Bignell Watkins Hasser dated December 15, 2006, are illustrative only, yet they reflect the use of various building materials and the general character of design and design coordination for the buildings to be located on the Property. Nothing herein shall be construed to prohibit national and regional retail users of buildings on the Property from reasonably employing general features of their prototype architectural design, provided the building design and colors are consistent with this paragraph.

3. The applicant shall provide and construct the third thru lane and continuous turn lane across the frontage for Assessor's Parcel 44-62 (and provide any necessary additional right of way so that the right of way line across the Property is 72 feet from the centerline of the full right of way for Warrenton Road) on or before the earlier of (i) the issuance of occupancy permits for 25% of the gross leaseable area of the parcel, or (ii) the issuance of occupancy permits for 25% of the gross leaseable area of the buildings directly fronting Warrenton Road. Prior to occupancy of the first building, those improvements required for the rightin/right-out entrance on Warrenton Road shall be constructed.

4. Applicant agrees that the development of the Property will generally be consistent with the General Development Plan prepared by Rinker Design Associates, PC dated May 15, 2006, as revised July 24, 2006 (the "GDP"), with respect to the following elements of the GDP: (1) direct parcel access to


5.

007-13 Page 3

Warrenton Road and to Village Parkway extended shall be as generally shown on the GDP and as set forth within these proffers; (2) the buildings will not exceed three stories and will be directed toward either Warrenton Road or Village Parkway extended; and (3) the interparcel connections to Tax Map 44, Parcels 61 A and 63 will be as generally shown on the GDP. The following uses shall not be permitted on the Property - Adult businesses, Commercial apartments, Indoor flea market, Machinery Sale and Service, Warehousing Mini-Storage, Building material sale and storage yard and mulch sale, Funeral home, Lumber/building/electrical/plumbing supply with covered storage, Motel, Recreational enterprise, and Car Wash. Hotel is permitted provided it provides enclosed stairways and access points to the rooms and is located a minimum of 400 linear feet from the property line abutting the residential homes of Cardinal Forest, Section One. The overall development will include a minimum of 20,000 square feet of office space.

While the applicant intends to retain ex1stmg 50-foot landscape buffering material undisturbed between the site and Cardinal Forest, Section One, as shown on the General Development Plan, the applicant will supplement the landscape material where necessary in areas in which there are any significant gaps in the retained buffer area. Such added landscape material shall be subject to the approval of the County's landscape inspector and shall include a mixture of deciduous and evergreen material. Applicant shall install a eight foot privacy fence (selection of material to be discussed with abutting residential owners prior to construction) along the buffer area bordering the residential lots of the above subdivision and shall install evergreen landscaping (e.g. eight foot Leland cypress or similar) along the fenced area. Landscape areas that adjoin Warrenton Road and Village Parkway extended shall utilize a mixture of evergreen and deciduous trees and shrubs, subject to any VDOT and County approval required.

6. Any freestanding signs shall be monument style signs, without neon, and such monument signs shall be of a consistent design on Assessor's Parcel 44-62.

7. All buildings shall be equipped with sprinkler systems for fire suppression.

8. Any retaining walls on the property shall be designed and constructed to minimize impacts and disturbance to the Resource Protection Area (the "RPA"). Any section of retaining wall located closer than 10 feet to the limits of the RP A will be subject to review by the County as to design and construction means and methods to evidence constructability without disturbance to the RP A. Any disturbance to the RP A shall be subject to approval by the County.

9. Prior to major grading and clearing operations, the limits of the RP A and any buffer areas to be maintained shall be clearly identified on site and protected during construction.


10.

007-13 Page 4

Direct parcel access to Warrenton Road shall be limited to one right-in/right-out entrance as generally shown on the GDP with such entrance to be located a minimum of 400 feet from the intersection of Village Parkway. From this access into the property, there shall be a minimum of 180 feet of distance into the parcel prior to the first drive access serving the interior pad sites.

11. The applicant shall provide any necessary construction and access easements that may be required for the adequate alignment of the extension of Village Parkway to serve parcel 44-62 and 44-61 A and shall provide an easement, if necessary, for the location of traffic signal equipment required by VDOT at the Village Parkway intersection with Warrenton Road.

12. Along the Village Parkway access extension onto Parcel 44-61A, Applicant will place drive entrances generally as shown on the GDP and Parcel 44-61A and Parcel 44-62 shall coordinate those drive entrances. The first such drive entrance shall be a minimum of 180 feet from Warrenton Road.

13. Within the area of the Property designated as Resource Protection Area, ("RP A"), the Applicant agrees to dedicate sanitary sewer and temporary construction easements to Stafford County sufficient in width to accommodate a future increase in size of, and the extension of, the Falls Run Interceptor. The proffered easement areas will not extend beyond the limit of the RP A and shall be the minimum width necessary under Stafford County easement guidelines pertaining to size and depth of sewer. The easement location within the RP A will be determined by Stafford County in consultation with the Applicant, with the caveat that the location chosen will not impact any construction undertaken by or planned by the Applicant adjacent to the limits of the RP A, including storm water management facilities and retaining walls. The Applicant shall provide a copy of its property survey and topography to the County. The Applicant shall agree to a plat of the location and limits of the easement area during the County's full and complete design of the Falls Run Interceptor expansion and extension and agree to the recordation of the deed of dedication and plat upon County approval of the design plans and funding approval for the complete expansion and extension of the Falls Run Interceptor from I-95 through the Property. This proffer is intended as a covenant that shall run with the land and shall be binding on the Applicant and any future successor or assigns of the land which is the subject of this rezoning.

14. Adjacent to the residential lots numbered 10 through 14 along the eastern property boundary, the edge of the Applicant's buildings shall not be located closer than 100 feet from the common boundary line with these residential lots.

15. Trash dumpsters will be scheduled for pick-up after 8 a.m. and before 9 p.m .

16. The storm water management pond shall have fencing installed along its perimeter as appropriate.


17.

007-13 Page 5

Adjacent to the face of any building located within 150 feet of the common property line with the residential lots numbered 10 thru 14 of the Cardinal Forest Subdivision, Applicant shall install trees adjacent to the building such that as they mature will serve to obscure the building glazing facing directly towards such residential lots to the extent feasible. Applicant shall plant trees with an initial height of 10 feet. Applicant agrees to consult with the Planning Director, or his designee, with respect to the types of trees to be planted and their spacing. Applicant agrees that it will maintain any such trees and agrees to replace any that may die.

18. With respect to storm water management quantity control, in the event prior to the Applicant's site plan submission the County requires all properties in the Falls Run watershed above Cardinal Forest Drive to provide quantity control for the 20 year storm, the Applicant shall provide such quantity control and, if technically feasible and reasonably practicable, the Applicant shall provide 10% of the 10 year quantity management control amount through infiltration. If the County does not enact such a requirement, at the time of site plan approval, Applicant shall contribute $10,000 to a County fund or the Cardinal Forest HOA to be used towards the cost of any maintenance or expansion of the Cardinal Forest culvert crossing of Falls Run.

A Copy, teste:

Steve Crosby County Administrafor

SC:JAH:kb


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