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COUNTY OF PRINCE WILLIAM 1 County Complex Court, Prince William, Virginia 22192-9201 PLANNING (703) 792-6830 Metro 629-1703, Ext. 6830 FAX (703) 792-4758 OFFICE Internet www.pwcgov.org

Stephen K. Griffin, AICP Director of Planning February 13, 2006

STAFF REPORT

Rezoning (REZ) #PLN2006-00053, Babazadeh Property (Brentsville Magisterial District)

Planning Commission Public Hearing Date: March 1, 2006

Staff Recommendation: Approval I. Background is as follows:

A. Request - This is a request to rezone the subject property from R-4, Suburban Residential, to B-1, General Business, to develop the existing dwelling for commercial use.

B. Site Location - The site is located at 8308 Yorkshire Lane, approximately 500 feet west of its intersection with Centreville Road, identified on County maps as GPIN #7897-23-4967.

C. Comprehensive Plan - The site is designated as GC, General Commercial, in the Comprehensive Plan.

D. Zoning/Acreage - The subject property is zoned R-4, Suburban Residential, and consists of one parcel with a total of approximately 0.50 acres. Because the property is zoned R-4 currently, it was not included as part of the Rt. 28 Redevelopment Overlay District.

E. Surrounding Land Use & Zoning - The site is bordered by detached single-family dwellings to the east and west with mixed zoning classifications of R-4, Suburban Residential, and B-1, General Business, a CVS Pharmacy Store to the south, and the Yorkshire Volunteer Fire Station #8 to the north.

II. Current Situation is as follows:

A. Planning Office Recommendation - The Office of Planning recommends approval of REZ #PLN2006-00053, Babazadeh Property, subject to proffers dated October 11, 2005, found in Attachment C. See Attachment B for the staff analysis.

B. Planning Commission Public Hearing - A public hearing has been advertised for March 1, 2006 before the Planning Commission.

http://www.pwcgov.org/

REZ #PLN2006-00053, Babazadeh Property Planning Commission Staff Report February 13, 2006

III. Issues in order of importance are as follows:

A. Comprehensive Plan

1. Long-Range Land Use - Is the proposed land use consistent with the long-range land use classification for this site?

2. Level of Service (LOS) - How does the proposal address the Policy Guide for Monetary Contributions in effect June 1, 2004?

B. Community Input - Have members of the community raised any issues?

C. Legal Uses of the Property - What uses are allowed on the property? How are legal issues resulting from the Planning Commission action addressed?

D. Timing - When must the Planning Commission take action on this application?

IV. Alternatives beginning with the staff recommendation are as follows:

A. Recommend approval of REZ #PLN2006-00053, Babazadeh Property, subject to proffers dated October 11, 2005.

1. Comprehensive Plan:

a) Long-Range Land Use - The property will maintain its GC,

General Commercial, designation. The current R-4 zoning is not a consistent zoning district with the GC land use designation. B-1, General Business, is appropriate in areas designated GC.

b) LOS - The proposed rezoning will have service delivery impacts

for fire and rescue and environmental resources. The proffers will mitigate these impacts through monetary contributions, as follows:

Service Impacts Total

Fire & Rescue 2,754 SF $0.56/square foot

$1,542.24

Water Quality Monitoring 0.5 $75.00 $37.50Total $1,579.74

These amounts are consistent with the Prince William County Policy Guide for Monetary Contributions in effect since June 1, 2004.

REZ #PLN2006-00053, Babazadeh Property Planning Commission Staff Report February 13, 2006

2. Community Input - Notification of the application has been transmitted to

adjacent property owners within 200 feet of the proposed use. As of the date of this report, no concerns have been expressed to the Planning Office by residents in the nearby subdivisions or local civic associations.

3. Legal Uses of the Property - The property would be available for uses

allowed in the R-4 zoning district. Legal issues arising from Planning Commission action are appropriately addressed by the County Attorney’s Office.

4. Timing - The Planning Commission has 90 days from March 1, 2006, the

first public hearing date, to take action on this proposal. Approval of the rezoning application would meet the 90-day requirement.

B. Recommend denial of REZ #PLN2006-00053, Babazadeh Property.

1. Comprehensive Plan:

a) Long-Range Land Use - The property will maintain its GC,

General Commercial, designation. The current R-4 zoning is not a consistent zoning district with the GC land use designation.

b) LOS - There would be no impact on the level of service.

2. Community Input - There would be no community concerns, if the case is

denied.

3. Legal Uses of the Property - The property could be used for a maximum of 2 detached dwelling units. Legal issues resulting from Planning Commission action are appropriately addressed by the County Attorney’s Office.

4. Timing - The Planning Commission has 90 days from March 1, 2006, the first public hearing date, to take action on this proposal. Denial of the rezoning application would meet the 90-day requirement.

V. Recommendation is that the Planning Commission accept Alternative A and recommend

approval of REZ #PLN2006-00053, Babazadeh Property, to the Board of County Supervisors.

Staff: Steele Knudson X6908 Attachment: A. Area Maps B. Staff Analysis C. Proposed Proffer Statement D. Proposed Planning Commission Resolution

Attachment A - Maps VICINITY MAP

REZ #PLN2006-00053, Babazadeh Property Page A-1

Attachment A - Maps AERIAL MAP


Attachment A - Maps EXISTING LAND USE AND ZONING MAP


Attachment A - Maps LONG-RANGE LAND USE MAP


Attachment B - Staff Analysis

REZ #PLN2006-00053, Babazadeh Property Page B-1

Part I. Summary of Comprehensive Plan Consistency Staff Recommendation: Approval The following is a summary of staff’s analysis of the applicant/owner’s request. This analysis is based on the relevant Comprehensive Plan action strategies, goals, and policies. A complete analysis is provided in Part II of this report.

Plan Consistency Reasons

Long-Range Land Use Yes The site is classified GC, General Commercial, on the Long-Range Land Use Map. The proposed B-1, General Business, zoning district implements the SRL classification of the Comprehensive Plan.

Community Design No Existing vegetation and tree cover will be maintained with only the removal of that necessary for the construction of a commercial entrance, travel way and parking. The applicant has requested a modification for the 30 foot buffers on the eastern and western property lines. The neighboring lots have single family dwellings.

Cultural Resources Yes No impact to known resources; no additional work warranted.

Environment Yes The applicant has proffered a monetary contribution of $75.00 per gross acre for water quality monitoring and tree save areas. No streams or resource protection area (RPA) or 100-year floodplain are mapped on this site. Provision for an onsite BMP/SWM facility per DCSM standards will be provided or a pro-rata contribution shall be substituted.



Plan Consistency Reasons

Fire and Rescue Yes The proposed new development is 1.4 minutes from the Yorkshire Fire and Rescue Station #8. It is within the travel time LOS standard for fire and rescue facilities. Proffer statement includes recommended contribution for fire and rescue services.

Potable Water Yes The applicant has proffered to extend public water service to the development.

Sewer Yes The applicant has proffered to extend public sewer to the site.

Transportation Yes The applicant has proffered to build a standard commercial entrance.



Part II. Comprehensive Plan Consistency Analysis

The following table summarizes the area characteristics (see maps in Attachment A):

Direction Land Use Long Range Future Land Use Map Designation

Zoning

North Yorkshire Volunteer Fire Station #8

GC R-4 & B-1

South CVS Pharmacy Store GC B-1 West Detached single-family

dwelling GC R-4 & B-1

East Detached single-family dwelling

GC R-4

Long-Range Land Use Plan Analysis

Through wise land use planning the County ensures that landowners are provided a reasonable use of their land while the County is able to judiciously use its resources to provide the services its residents and employers need. The Long Range Land Use Plan sets out policies and action strategies that further the County’s goal of providing a land use pattern that encourages fiscally sound development and achieves a high quality living environment. In addition to delineating land use designations on the Long Range Land Use Map, the plan includes recommendations relating to ensuring adequate land for economic development opportunities, providing for a diverse housing market, protecting against the encroachment of incompatible land uses, encouraging infill development within the development area, protecting environmentally sensitive lands, promoting mixed use development where appropriate, encouraging the provision of adequate public facilities for existing and planned development, preserving valuable open space and environmental resources, encouraging higher density development near existing and future transit facilities, and utilizing the sector planning process to provide more detailed recommendations where appropriate. The site is located in the Development Area of the County, and is classified SRL GC, General Commercial, in the Comprehensive Plan. The following table summarizes the uses and densities intended within the GC classification:



Long-Range Land Use Plan Classification

Land Uses Intended

General Commercial (GC)

The purpose of the General Commercial classification is to recognize areas of existing commercial activity along major County roadways—such as those along Route 1, Route 234, Route 28, and at the Minnieville Road-Smoketown Road intersection—that serve a local market rather than a regional market. Access to GC uses shall be limited to abutting arterial or collector roadways, rather than from lesser abutting roadways, except where interparcel connections are provided between abutting GC sites. Pedestrian access to adjacent and nearby residential areas—where appropriate—shall be encouraged. Primary uses in the GC are retail, retail service, and lodging uses. Office use shall be considered a secondary use and shall represent no greater than 25 percent of the total GC project area. Infill and redevelopment of areas identified as GC are encouraged, particularly with new or relocated commercial uses that are of a scale similar to surrounding uses. Designation of new GC areas is discouraged. Office development in GC areas is encouraged to be in accordance with the Illustrative Guidelines for Office Development, provided as a supplement to the Community Design Plan chapter of the Comprehensive Plan and available from the Planning Office. Office buildings in GC areas are preferred at a height of at least 2-3 stories.

This is a request to rezone the subject property from R-4, Suburban Residential, to B-1, General Business, to develop the existing dwelling for commercial use.

Proposal’s Strengths • Generalized Development Plan (GDP) – The use and development of the subject Property will

be in strict conformance with the General Development Plan. • Zoning Consistency - The B-1 zoning district implements the GC classification. Proposal’s Weaknesses • None identified. On balance, this application, as proffered, is consistent with the relevant components of the Long-Range Land Use Plan.



Community Design Plan Analysis An attractive, well-designed County will attract quality development, instill civic pride, improve the visual character of the community, and create a strong, positive image of Prince William County. The Community Design Plan sets out policies and action strategies that further the County’s goals of providing quality development and a quality living environment for residents, businesses and visitors, and creating livable and attractive communities. The plan includes recommendations relating to building design, site layout, circulation, signage, access to transit, landscaping and streetscape, community open spaces, natural and cultural amenities, stormwater management, and the preservation of environmental features. Proposal’s Strengths • Site Landscaping - Existing vegetation and tree cover will be maintained with only the

removal of that necessary for the construction of commercial entrance, travel way and parking.

Proposal’s Weaknesses

• Buffers – Buffers as shown on the GDP do not meet the DCSM standards. On balance, this application, as proffered, is found to be inconsistent with the relevant components of the Community Design Plan.

Cultural Resources Plan Analysis Residents of and visitors to Prince William County are aware of the important links of the County today with the rich heritage of the past because of the preservation and enhancement of our cultural resources. The Cultural Resources Plan sets out policies and action strategies that further the County’s goal of identifying and protecting our historical, archaeological, architectural and cultural resources, including those significant to our minority community, for the benefit of citizens and visitors. The plan includes recommendations relating to the identification of assets, preservation through the use of federal, state, local, and private initiatives, mitigation of negative impacts, and public education/awareness programs. Land use applications should include appropriate records review for prehistoric and historical resources, as well as Phase I, II, and III level archaeological studies as appropriate. County records were checked by the PWC Historical Commission. No cemeteries or individual gravesites were marked on the property.



Proposal’s Strengths • Cultural Resources - Based on a visual inspection and a records review, there is no indication

that archaeological surveys or historical research is needed. Proposal’s Weaknesses • None identified. On balance, this application, as proffered, is found to be consistent with the relevant components of the Cultural Resources Plan.

Environment Plan Analysis Prince William County has a diverse natural environment extending from sea level to mountain crest. Sound environmental protection strategies will allow that natural environment to co-exist with a vibrant, growing economy. The Environment Plan sets out policies and action strategies that further the County’s goal of preserving, protecting and enhancing significant environmental resources and features. The plan includes recommendations relating to the incorporation of environmentally sensitive development techniques, improvement of air quality, identification of problematic soil issues, preservation of native vegetation, enhancement of surface and groundwater quality, limitations on impervious surfaces, and the protection of significant viewsheds. No resource protection area (RPA) or 100-year floodplain is mapped on this site. A perennial flow determination (PFD#05-00522—8308 Yorkshire Lane) was submitted for this 0.5 acre site in March 2005. No streams or drainageways are present on this site. The site is previously developed with a residence, shed and gravel driveway. An environmental constraints analysis (ECA) narrative is included with this REZ. Overall, no sensitive environmental resources are present on this site. The main concern for this site, due to its location in a critical watershed, will be the increase in impervious surface for the driveway and parking and the stormwater management (SWM/BMP) best-management practice requirements.

No specific proposal for a Storm Water Management (SWM)/ BMP facility is proposed for this site. This site is within Subwatershed #186, which flows into an unnamed tributary of Bull Run. The applicant has proffered that “SWM/BMP will be addressed for this redevelopment at the time of final site plan. Provision for an onsite facility per DCSM standards will be provided or a pro-rata share shall be submitted.” REZ proffers should include the $75.00 per acre contribution for water quality monitoring.

Proposal’s Strengths



• Water Quality Monitoring - The applicant has proffered to contribute $75.00 per acre for water quality monitoring.

• Stormwater/Best Management Facility - The applicant has proffered to provide on-site SWM/BMP facilities per DCSM standards or a pro-rata contribution shall be substituted

Proposal’s Weaknesses • Stormwater/Best Management Facility - No specific proposal for stormwater management

(SWM)/ BMP facility is proposed for this site. On balance, this application, as proffered, is found to be consistent with the relevant components of the Environment Plan.

Fire and Rescue Plan Analysis Quality fire and rescue services provide a measure of security and safety that both residents and businesses have come to expect from the County. The Fire and Rescue Plan sets out policies and action strategies that further the County’s goal of providing timely response to fire, medical, hazardous material and natural disaster emergencies. The plan includes recommendations relating to equipment and facility needs to meet desired levels of service and encouraging the use of fire and safety features beyond the minimum required by the Virginia Uniform Statewide Building Code. The proposed new development is 1.4 minutes from the Yorkshire Fire and Rescue Station #8. It is within the travel time LOS standard for fire and rescue facilities. The station has remaining capacity. Proposal’s Strengths • Monetary Contribution - The proffers provide the recommended LOS contribution for fire and

rescue services for the building square footage. Proposal’s Weaknesses • None identified

On balance, this application, as proffered, is found to be consistent with the relevant components of the Fire and Rescue Plan.



Potable Water Plan Analysis A safe, dependable drinking water source is a reasonable expectation of County residents and businesses. The Potable Water Plan sets out policies and action strategies that further the County’s goal of providing an economically and environmentally sound drinking water system. The plan includes recommendations relating to system expansion, required connections to public water in the development area, and the use of private wells or public water in the rural area. The subject property is within the development area of the County and is, thereby, required to utilize public water and sewer. . Proposal’s Strengths Connection to Public Water - The applicant has proffered to connect the development to the public water system. The applicant shall be responsible for required improvements in order to provide such service for the demand generated by the development of the property. Proposal’s Weaknesses

• None identified.

On balance, this application, as proffered, is found to be consistent with the relevant components of the Potable Water Plan.

Sewer Plan Analysis Appropriate wastewater and sanitary facilities provide needed public health and environmental protections. The Sewer Plan sets out policies and action strategies that further the County’s goal of providing an economically and environmentally sound sanitary and stormwater sewer system. The plan includes recommendations relating to system expansion, required connections to public sewer in the development area, and the use of either private or public sewer systems in locations classified as Suburban Residential Rural, SRR, as well as the rural area. The subject site is located within the development area. Public sewer is available. Proposal’s Strength • Connection to Public Sewer System - The applicant has proffered to connect the development

to the public sewer system. The applicant shall be responsible for required improvements in order to provide such service for the demand generated by the development of the property.

Proposal’s Weaknesses • None identified.



On balance, this application, as proffered, is found to be consistent with the relevant components of the Sewer Plan.

Transportation Plan Analysis

By providing a multi-modal approach to traffic circulation, Prince William County promotes the safe and efficient movement of goods and people throughout the County and surrounding jurisdictions. The Transportation Plan sets out policies and action strategies that further the County’s goal of providing a complete, safe and efficient multi-modal circulation system that includes sufficient capacity to meet the demands placed upon it. The plan includes recommendations relating to improving existing service levels, increasing capacity of the existing system, minimizing negative impacts to environmental and cultural resources, supporting targeted industries and major activity centers, exploring innovative funding mechanisms, promoting regional approaches to transportation issues, and promoting transit opportunities. At a minimum, projects should include strategies that result in a LOS of “D” or better on all roadways, the dedication of planned rights-of-way, the provision of pedestrian pathways, and access to mass transit and other commuter facilities, as appropriate. The project plans to access Yorkshire Lane just to the west of its intersection with Centreville Road (Route 28). A traffic impact analysis (TIA) was not required for this rezoning application because the volume of traffic generated by this development does not exceed the thresholds shown in the DCSM to warrant a TIA. The applicant will need to make sure that their parking supply meets the demand for the proposed use based upon the parking factors shown in the DCSM. The applicant has not provided for inter-parcel connectivity with the adjacent properties. The applicant will need to provide the standard right-of-way (Yorkshire Lane) and provide frontage and entranceway improvements as required and shown in the DCSM. This can be further addressed at site plan review. Proposal’s Strengths • Frontage Improvements - A standard commercial entrance is shown on the proffered GDP.

Proposal’s Weaknesses • Interparcel Connections - The GDP does not provide an ingress-egress easement for

interparcel connection with adjacent properties. On balance, this application, as proffered, is found to be consistent with the relevant components of the Transportation Plan.

Materially Relevant Issues



This section of the report is intended to identify issues raised during the review of the proposal, which are not directly related to the policies, goals, or action strategies of the Comprehensive Plan, but which are materially relevant to the County’s responsibilities in considering land use issues.

• Safety and Security Measures - The Police Department traditionally recommends safety and security measures that should be incorporated into the design of the site. These measures are available in the Planning Office for the applicant’s reference.

• Building Services - This rezoning application indicates that the intent of the project will

be the conversion of the existing structure on the site from residential to commercial use. Please be advised that in addition to the rezoning process, Section 103.3 of Part I of the Virginia Uniform Statewide Building Code (2003 edition) stipulates that no change shall be made in the existing occupancy classification of a structure when the current USBC requires a greater degree of structural strength, fire protection, means of egress, ventilation or sanitation.

When such a greater degree is required, the owner or the owner’s agent shall make written application to the local building department for a new certificate of occupancy and shall obtain the new certificate of occupancy prior to the use of the structure under the new occupancy classification. This change in Occupancy shall require an application for permit as outlined in USBC Section 108. While not required as part of the Rezoning process, the applicant may want to consider as part of his due diligence the assessment of the existing structure by a Design Professional licensed in the Commonwealth of Virginia in order to determine the existing residential structure’s compliance with the International Building Code. While not inclusive, significant differences exist between the residential building code and the IBC in the areas of structural loading, egress, handicap accessibility, fire protection, ventilation, and sanitation.

Staff and other agencies have reviewed the proposal and noted the following minimum design criteria. The development proposal will be reviewed for compliance with all minimum standards at the time that the applicant submits detailed site development information prior to the issuance of construction permits. The listing of these issues is provided to ensure that these concerns are a part of the development record. Such issues are more appropriately addressed during the site plan review.

Agency Comments



The following agencies have reviewed the proposal and their comments have been summarized in relevant chapters of the 2003 Comprehensive Plan in this report. Individual comments are in the case file in the Office of Planning: Planning Office, Urban Designer Historical Commission Public Schools Public Works, Environmental Services Division Public Works, Transportation Division PWC Service Authority Public Library System Park Authority Police Department Planning Office, Archaeologist VDOT

Attachment C Proposed Proffer Statement

dated October 11, 2005

REZ#PLN2006-00053, Babazadeh Property Page C-1

PROFFER STATEMENT

Applicant/Owner: Willard M. & Betty J. Kelley

Project Name: Babazadeh Property Property: Prince William County GPIN 7897-23-4967

.505 acres; Brentsville Magisterial District (“Property”) Rezoning Number: PLN2006-00053

October 11, 2005 Zoning-R-10, Residential to B-1, General Business

The undersigned hereby proffers that the use and development of the subject Property shall be in strict conformance with the following conditions and the General Development Plan. In the event the above-referenced rezoning is not granted as applied for by Applicant, these proffers shall be withdrawn and are null and void. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. 1. Land Use:

Property will be zoned B-1 and be used for offices and other B-1 uses for which adequate parking is provided pursuant to the DCSM at site plan stage.

2. Community Design: No new public roads will be constructed. Existing vegetation and tree cover will be maintained with only the removal of that necessary for the construction of commercial entrance, travel way and parking.

3. Environmental: Seventy-five (75.00) dollars per gross acre for water quality monitoring will be paid prior to and or a condition of final site plan approval. BMP/SWM will be addressed at time of final site plan. Provision for an onsite facility per DCSM standards will be provided or a pro-rata contribution shall be substituted.

4. Fire and Rescue: A monetary contribution of .56 per sq. ft. of floor area shall be paid prior to and as a condition of final site plan approval.

Attachment C Proposed Proffer Statement


REZ#PLN2006-00053, Babazadeh Property Page C-2

5. Transportation:

A standard commercial entrance minimum 30 feet at the throat with minimum 25 feet returns will be provided.

6. Materially Relevant: 1. Escalator Clause:

In the event that the monetary contributions set forth in the Proffer Statement are paid to the Board within eighteen (18) months of approval of the rezoning, an applied for said contribution shall be in the amounts stated herein. Any monetary contributions required hereby which are paid to the Board after eighteen (18) months following approval of the Rezoning shall be adjusted in accordance with the Urban Consumer Index (PPI,U) published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage of change in the CPI-U from that date eighteen (18) months after approval hereof, to the most recently available CPI-U to the date the contribution are actually paid, subject to a cap of six percent (6%) per year, non-compounded. Willard M. & Betty J. Kelley, Owner By: __________________________ Counsel

Attachment C General Development Plan


REZ #PLN2006-00053, Babazadeh Property Page C-3

Attachment D Proposed Planning Commission Resolution

REZ #PLN2006-00053, Babazadeh Property Page D-1

PLANNING COMMISSION RESOLUTION

MOTION: March 1, 2006 Regular Meeting SECOND: Res. No. 06- RE: REZONING (REZ) #PLN2006-00053, BABAZADEH PROPERTY -

BRENTSVILLE MAGISTERIAL DISTRICT ACTION:

WHEREAS, this is a request to rezone +/- 0.5 acre parcel from R-4, Suburban Residential to B-1, General Business for development of existing structure to a commercial use; and

WHEREAS, the site is located at 8308 Yorkshire Lane, approximately 500 feet

west of the intersection with Centreville Road; and WHEREAS, the site is identified as GPIN 7897-23-4967, is zoned R-4, Suburban

Residential, and is designated GC, General Commercial in the Comprehensive Plan; and WHEREAS, the Prince William County Planning Commission duly ordered,

advertised, and held a public hearing on March 1, 2006, at which time public testimony was received and the merits of the above-referenced REZ were considered; and

WHEREAS, the Prince William County Planning Commission believes that public

general welfare as well as good planning practices are served by the approval of this REZ; NOW, THEREFORE, BE IT RESOLVED, that the Prince William County

Planning Commission does hereby recommend approval of REZ #PLN2006-00053, Babazadeh Property, subject to proffers dated October 11, 2005.

Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: MOTION CARRIED

CERTIFIED COPY Clerk to the Commission

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