A rezoning request for 8.5 acres from Residential (R-1) to Commercial-Highway (C-2) and a Special Exception request to permit a store over 50,000 square feet (Costco).

Location:

Scott Magisterial District. New Baltimore Service District. Near the intersection of Broad Run Church Road and Route 29.

Summary:

Comprehensive Plan

The Comprehensive Plan for New Baltimore was approved by the Board of Supervisors only several months ago. The Comprehensive Plan calls for a prohibition on big box stores in the service district. This application violates the Comprehensive Plan.

Wetlands

By deed of easement dated April 27, 2006, the County received a conservation easement on the properties that constitute the Cross Creek Investments applications. The easement protects identified wetlands and specifically states that "[a]ll existing vegetation in the conservation easement shall be preserved and protected...." The conceptual development plan has been overlaid with the easement map. According to the conceptual development plan, Cross Creek Investments will destroy a large percentage of the eased wetlands. Obviously, the conceptual development plan does nothing to secure the easement assurances and it is incumbent upon the applicant to address this inconsistency.

The easement also states that "no clearing or grading shall be permitted, nor shall the easement area be denuded, defaced or otherwise disturbed without the prior written approval of the appropriate agency or department of the County." If the County approves the above referenced applications along with the conceptual development plan, the County needs to make clear that this does not constitute "written permission" of the County to clear, grade, and denude the wetlands.

If the Planning Commission recommends approval, PEC has recommended that the Planning Commission add the following conditions to the Special Exception request and not recommend rezoning of the 8.5 acres unless a corresponding proffer is submitted:

The owner and applicant and their successors and assigns (hereinafter "owner") shall:

1. Prior to any land disturbing activities, stake the conservation easements conveyed to the Board of Supervisors of Fauquier County by a deed of easement dated April 27, 2006 and cordon of all eased lands during construction.

2. Within three weeks of Special Exception approval, provide the Board of Supervisor with an inventory of all existing vegetation in each eased portion of the property.

3. Preserve and protect all existing vegetation in the conservation easements and ensure that no clearing or grading shall be permitted, nor allow the easement areas be denuded, defaced or otherwise disturbed without the prior written approval of the Board of Supervisors.

Approval of this Special Exception, the associated rezoning, the associated concept development plan shall not constitute the written approval referenced in the preceding condition 3.

Traffic:

The proposed development is projected to generate approximately 23,000 vehicle trips on Saturday and approximately 19,000 vehicle trips on a weekday. During peak hours, the level of service on Route 29 at Broad Run Church Road is D or worse. The project will contribute to an already unacceptable level of service.

Status:

The Planning Commission must make a recommendation to the Board of Supervisors by its next meeting, August 30, 2007. The Board of Supervisors will conduct a public hearing and make a decision on September 13, 2007b at 7:00 p.m.