COUNTY OF PRINCE WILLIAMeservice.pwcgov.org/planning/documents/PLN2012-00243.pdf · COUNTY OF...

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COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia 22192-9201 PLANNING

(703) 792-6830 Metro 631-1703, Ext. 6830 FAX (703) 792-4401 OFFICE

Internet www.pwcgov.org

Christopher M. Price, AICP Director of Planning

October 26, 2012

STAFF REPORT

Rezoning #PLN2009-00403, Geisler Property

Special Use Permit #PLN2012-00243, Geisler Property – Fuel Station

(Coles Magisterial District)

Planning Commission Public Hearing Date: November 7, 2012

Staff Recommendation: Approval

I. Background is as follows:

A. Request – This is a request to rezone with proffers ±9.20 acres from A-1,

Agricultural, to B-2, Neighborhood Business, to permit a mixed use development

consisting of the following uses: 1) 8,650 square foot (SF) freestanding full-

service restaurant; 2) 4,025 SF motor vehicle fuel station, including 6 pumps,

with convenience retail; and 3) nursing and convalescent care facility with a

maximum of 200 beds This case is being concurrently processed with SUP

#PLN2012-00243, Geisler Property – Fuel Station, which is a special use permit

request to allow a motor vehicle fuel station with convenience retail within the

mixed commercial development.

REZ for A-1 to B-2;

SUP request for motor

vehicle fuel station with

convenience retail

Required / Allowed Provided / Proposed with

Development

REZ area N/A ±9.20 acres

SUP area N/A ±1.31 acres

FAR 0.30 maximum 0.23 (total of 3 uses)

Height 45 feet 45 feet (nursing home)

Parking Spaces 25 – fuel station; 65 –

restaurant; 100 –

nursing home

28 – fuel station; 65 – restaurant; 104

– nursing home

http://www.pwcgov.org/

REZ #PLN2009-00403, Geisler Property

SUP #PLN2012-00243, Geisler Property – Fuel Station

October 26, 2012

REZ for A-1 to B-2;

SUP request for motor

vehicle fuel station with

convenience retail

Required / Allowed Provided / Proposed with

Development

Open Space 20% for entire site 58.8% for entire site

Buffers Type C = 50 feet for

commercial/retail and

residential/agricultural

uses; Type B = 30 feet

for commercial and

care facility and

residential uses; Type

A = 15 feet for care

facility and

institutional (high

school); Hoadly Rd.

HCOD = 20 feet;

Dumfries Rd. HCOD =

(no buffer standard)

All buffers provided, as required;

20-foot landscape strip along Dumfries

Road, located outside of NOVEC

easement; This section of Dumfries

Road HCOD does not have specific

buffer planting requirements; however,

a 20-foot strip is provided along

property frontage; 50-foot landscape

buffer and 30-foot landscape buffers are

provided along northern and

northeastern property lines,

respectively.

Average Daily Trips N/A 3,205 VPD (total for development at

right-in/right-out access point along

Dumfries Road)

B. Site Location – The site is addressed as 13709 Dumfries Road. It is located

approximately 260 feet south of the intersection of Dumfries Road (Route 234)

and Hoadly Road and is identified as GPIN 7892-53-8485 on County maps. The

rezoning area is the entire ±9.20 acres, and the special use permit (SUP) area will

apply to ±1.31 acres. (see Attachment A for maps)

C. Comprehensive Plan – The subject site is currently designated as NC,

Neighborhood Commercial, and SRR, Semi-Rural Residential, in the

Comprehensive Plan. The property is located within both the Dumfries Road

(Route 234) and Hoadly Road Highway Corridor Overlay Districts (HCODs).

D. Zoning/Acreage – The subject site encompasses ±9.20 acres and is currently

zoned as A-1, Agricultural. The proposed rezoning will establish B-2,

Neighborhood Business, zoning with proffers. The proposed SUP will allow a

motor vehicle fuel station with convenience retail on ±1.31 acres within the mixed

commercial development.



October 26, 2012

E. Surrounding Land Uses – There are residential properties to the north and east of

the subject property. To the south, there is an existing convenience store with gas

pumps and vacant land owned by the Prince William County School Board (future

High School #12 site). Across Dumfries Road is a convenience store with gas

pumps, and the Coles Fire and Rescue Station #6 is located to the southwest

across Dumfries Road. (see Attachment A for maps)

II. Current Situation is as follows:

A. Planning Office Recommendation – The Planning Office recommends approval of

REZ #PLN2009-00403, Geisler Property, subject to the proffers dated October 25,

2012, and SUP #PLN2012-00243, Geisler Property – Fuel Station, subject to the

conditions dated October 25, 2012, for the following primary reasons:

The proposed two commercial uses and the one institutional use, with

proffers and conditions, effectively implement the B-2 zoning district.

Proposed layout, as proffered and conditioned, offers a functional

development with appropriate transition to surrounding uses.

See Attachment B for the staff analysis, Attachment C for the proposed REZ

proffers, and Attachment D for the proposed SUP conditions.

B. Planning Commission Public Hearing – A public hearing before the Planning

Commission has been advertised for November 7, 2012.

III. Issues in order of importance are as follows:

A. Comprehensive Plan

1. Long-Range Land Use – Is the proposed use consistent with those uses

intended by the current NC and SRR designations?

2. Level of Service (LOS) – How does the proposal address the Policy Guide

for Monetary Contributions in effect July 1, 2006?

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

C. Other Jurisdictional Comments – Have other jurisdictions raised any issues?

D. Legal Uses of the Property – What uses are allowed on the property? How are

legal issues resulting from the Planning Commission action addressed?



October 26, 2012

E. 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 both REZ #PLN2009-00403, Geisler Property, subject to

the proffers dated October 25, 2012 as found in Attachment C, and SUP

#PLN2012-00243, Geisler Property – Fuel Station, subject to the conditions dated

October 25, 2012 as found in Attachment D.

1. Comprehensive Plan Consistency Analysis:

a) Long-Range Land Use – If approved, the land use designation

would remain NC and SRR, and the zoning classification would

change from A-1 to B-2. The proposed B-2 zoning district is

consistent with the NC designation, but is inconsistent with the

SRR designation. The motor vehicle fuel station with convenience

retail requires a special use permit (SUP) in the B-2 zoning district.

b) Level of Service (LOS) – The level of service impacts related to

the request would be mitigated by the conditions as follows:

Water Quality $75 per acre ±9.20 acres $690

Fire & Rescue $0.61 per square

foot (SF) of

building area

8,650 SF

restaurant +

4,025 SF gas

station +

73,052 SF

nursing home

= 85,727 SF

$52,293.47

Total $52,983.47

2. Community Input – Notice of the application has been transmitted to

adjacent property owners within 200 feet. The applicant has held various

meetings with Mid-County Civic Association (MIDCO), LOCCA-PELT,

Woodbine Woods Association, and adjacent property owners from August

2009 to the present. Numerous citizens have called the Planning Office

and have requested to view the file. Primary concerns were expressed in

regard to the overall intensity of the development for this property, size of

the restaurant, site access, and feasibility of the gas station and nursing

home at this location. There have also been questions about the traffic

analysis and anticipated traffic in this location with this development and

the future high school to the south of the subject site. In addition, there



October 26, 2012

has been community concern regarding traffic exiting from the site and the

need to make a U-turn at the Dumfries and Hoadly intersection.

3. Other Jurisdiction Comments – This project is not located near other

jurisdictions.

4. Legal Uses of the Property – The site could be developed with those uses

permitted in the B-2 zoning district, subject to the proffers, as found in

Attachment C. Also, the gas station with convenience retail could be built,

subject to the conditions associated with the approved special use permit

(SUP), as found in Attachment D. Legal issues resulting from Planning

Commission action are appropriately addressed by the County Attorney’s

Office.

5. Timing – The Planning Commission has until February 5, 2013, which is

90 days from the first public hearing date to take action on a rezoning and

special use permit proposal. A recommendation to approve the rezoning

and SUP requests would meet the 90-day requirement.

B. Recommend denial of both REZ #PLN2009-00403, Geisler Property, and SUP

#PLN2012-00243, Geisler Property – Fuel Station.

1. Comprehensive Plan Consistency Analysis:

a) Long-Range Land Use – The A-1, Agricultural, zoning district

does not implement the NC, Neighborhood Commercial, or SRR,

Semi-Rural Residential, land use designations. If denied, the land

use designations for the site on the property would remain as NC

and SRR, and the zoning would remain A-1. The subject site

could be developed under the by-right uses in the A-1,

Agricultural, zoning district.

b) Level of Service (LOS) – There would be no impact on LOS if

denied.

2. Community Input – Notice of the application has been transmitted to

adjacent property owners within 200 feet. The applicant has held various

meetings with Mid-County Civic Association (MIDCO), LOCCA-PELT,

Woodbine Woods Association, and adjacent property owners from August

2009 to the present. Numerous citizens have called the Planning Office

and have requested to view the file. Primary concerns were expressed in

regard to the overall intensity of the development for this property, size of

the restaurant, site access, and feasibility of the gas station and nursing



October 26, 2012

home at this location. There have also been questions about the traffic

analysis and anticipated traffic in this location with this development and

the future high school to the south of the subject site. In addition, there

has been community concern regarding traffic exiting from the site and the

need to make a U-turn at the Dumfries and Hoadly intersection.

3. Other Jurisdictional Comments – This project is not located near other

jurisdictions.

4. Legal Uses of the Property – If the rezoning is denied, the property could

not be developed with the commercial and institutional uses, and the

property would retain its A-1, Agricultural, zoning. All land uses would

remain unchanged. If the special use permit application is denied, the

motor vehicle fuel station with convenience retail could not be built, but

the property could still be developed with uses permitted in the A-1,

Agricultural, zoning district. Legal issues resulting from Planning

Commission action are appropriately addressed by the County Attorney’s

Office.

5. Timing – The Planning Commission has until February 5, 2013, which is

90 days from the first public hearing date to take action on a rezoning and

special use permit proposal. A recommendation to deny the rezoning and

SUP requests would meet the 90-day requirement.

V. Recommendation is that the Planning Commission concur with Alternative A and

recommend approval of REZ #PLN2009-00403, Geisler Property, subject to the proffers

dated October 25, 2012, and SUP #PLN2012-00243, Geisler Property – Fuel Station,

subject to the conditions dated October 25, 2012.

Staff: Scott F. Meyer, x 6876



October 26, 2012

Attachments

A. Area Maps

B. Staff Analysis

C. Proposed REZ Proffers

D. Proposed SUP Conditions

E. GDP Layout Plan

F. Route 234 Frontage Improvements Exhibit

G. SUP Plan

H. ECA Plan Map

I. Historical Commission Resolution

Attachment A – Maps

VICINITY MAP



Page A-1


LONG-RANGE LAND USE MAP



Page A-2


LONG-RANGE LAND USE MAP



Page A-3


ZONING MAP



Page A-4

Attachment B – Staff Analysis



Page B-1

Part I. Summary of Comprehensive Plan Consistency

Staff Recommendation: Approval

The following is a summary of staff’s analysis of this two-part rezoning and special use permit

request to rezone with proffers ±9.20 acres from A-1, Agricultural, to B-2, Neighborhood

Business, to permit a freestanding full-service restaurant, motor vehicle fuel station with

convenience retail, and a nursing home and convalescent care facility. 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 subject property is designated NC, Neighborhood

Commercial, and SRR, Semi-Rural Residential, according

to the Long-Range Land Use Map of the Comprehensive

Plan. The proposed B-2 zoning district is implemented by

the NC designation, but is inconsistent with the SRR

designation. However, the proffers provide conditions and

specific controls to help mitigate the impacts.

Community Design Yes The applicant has provided a Generalized Development Plan

(GDP) which includes details of the site layout, access

improvements, internal circulation, landscaping, and

buffering. The applicant has not presented architectural

elevations, but has proffered quality building materials

intended to complement existing development in the

surrounding area. The applicant has also proffered a

consistent architectural theme among the three buildings

that are proposed. Buffering has been provided along the

northern, southern, and eastern boundaries, along with a

proposed 8-foot board-on-board fence along the north and

northeast property line. Although there is not a specific

HCOD planting requirement along this section of Dumfries

Road, a 20-foot landscape strip, which is outside but

adjacent to the NOVEC easement, has been provided along

the Dumfries Road frontage.




Page B-2


Cultural Resources Yes A Phase I architectural and a Phase I archaeological survey

were submitted. The survey found that the existing Geisler

House (dating from the early 20th

century) was too modified

from its original form to be eligible for listing on the

National Register of Historic Places. Nonetheless, the

applicant has agreed to advertise the property for a period of

six months and sell the house with the condition that it be

removed from the property. In addition, both the County

Archaeologist and the Historical Commission have

recommended no further work.

Environment Yes The applicant is providing a monetary contribution of $75

per acre for water quality monitoring, stream restoration,

and/or drainage improvements. The subject property does

not contain any resource protection area (RPA) or 100 year

floodplain. The applicant has provided a “tree save” area on

the eastern portion of the property. The existing “farm”

pond is being considered for a dual role of providing

stormwater management, as well as being a water feature.

However, an engineering analysis will need to be conducted

to determine if the current facility can accommodate both

roles, as well as accommodating the stormwater

management (SWM) needs of the site. Limits of

disturbance have been shown on the GDP and proffered.

For the motor vehicle fuel station and convenience retail

component, a pre-treatment device for stormwater

management has been conditioned.

Fire and Rescue Yes The applicant has agreed to pay a monetary contribution of

$0.61 per square foot based on the building area

constructed. With the Coles Station #6 across the street

along Dumfries Road, the property is well within the

recommended 4.0-minute response time for fire suppression

and basic life support. The Coles Fire Station has no

advanced life support capabilities and the station is

operating just over-capacity at 102% work load capacity.

The nearest County station equipped with advanced life

support services is the Lake Jackson Fire & Rescue Station

#7 to the north of the subject property, which has a work

load of 52% and is within an 8.0-minute response time from

the site.




Page B-3


Police Yes No significant impact to police services is anticipated. The

applicant has proffered graffiti removal and prevention and

site maintenance. Additionally, the applicant has proffered

that no public phones capable of receiving calls be permitted

within the development.

Potable Water Yes As proffered, the applicant shall design and construct all on-

site and off-site public water facilities.

Sanitary Sewer Yes As proffered, the applicant shall design and construct all on-

site and off-site public sewer facilities.

Transportation Yes Access to the site is being provided via a right-in, right-out

turn lane off Route 234 (Dumfries Road). The applicant has

received two waivers from both the County and VDOT:

1) a reduced distance (498 feet vs. 510 feet) from the project

entrance along Dumfries Road to the Hoadly Road

intersection and 2) a reduced distance (298 feet vs. 510 feet)

from the project entrance to the nearest commercial

entrance, which is Propp’s located to the south. All of the

transportation improvements are shown on the revised GDP.

The applicant has proffered that these improvements will be

shown and constructed with the first approved site plan.

The applicant has proffered that the nursing home will not

be constructed until a secondary point of ingress and egress

is secured. The applicant has also committed to providing

interparcel access points for adjacent parcels to the north

and south. Frontage improvements along Dumfries Road,

including an extended 580-foot deceleration and taper right-

turn lane on northbound Dumfries Road, and a 530-foot

deceleration lane and taper along southbound Dumfries

Road been proffered.




Page B-4

Part II. Comprehensive Plan Consistency Analysis

The following table summarizes the land use and zoning details (see maps in Attachment A):

Direction Land Use Long-Range Land Use Map

Designation

Zoning

North Single-family detached

residential/larger lot with

agricultural use

NC, SRR A-1

South Convenience store with gas

pumps (Propp’s), Vacant land

owned by the PWC School

Board (High School #12 site)

NC, SRR, FEC A-1

East Single-family detached

residential

SRR A-1

West Across Dumfries Road -

Convenience store (BP) with

gas pumps and Coles Fire

Station #6 (to the southwest)

NC, ER B-2

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

for residents and employers’ needs. The Long Range Land Use Plan sets out policies and action

strategies that further the County’s goal of concentrating population, jobs, and infrastructure

within vibrant, walkable, mixed-use centers serviced by transit. In addition to delineating land

uses on the Long Range Land Use Map, the plan includes smart growth principles that promote a

countywide pattern of land use that encourages fiscally sound development and achieves a high-

quality living environment; promotes distinct centers of commerce and centers of community;

complements and respects our cultural and natural resources, and preserves historic landscapes

and site-specific cultural resources; provides adequate recreational, park, open space and trail

amenities that contribute to a high quality of life for county residents; and revitalizes, protects,

and preserves existing neighborhoods.

This subject parcel is located within the Development Area of the County, and is classified

Neighborhood Commercial (NC) and Semi-Rural Residential (SRR) on the Long-Range Land

Use Map. The following table of the next page summarizes the uses and densities intended

within the NC and SRR designations:




Page B-5

Long-Range Land Use

Map Designation

Intended Uses and Densities

Neighborhood

Commercial (NC)

(western portion of site,

with frontage along

Dumfries Road)

Semi-Rural Residential

(SRR)

(eastern portion of site)

The purpose of the Neighborhood Commercial classification is to

provide commercial areas to serve surrounding residential

neighborhoods. NC designated areas shall be planned and developed in

a comprehensive, coordinated manner. NC projects shall not be nearer

than one mile from any other NC area or project, or any GC or

Convenience Retail (CR) area or project. The site orientation of an NC

project shall be toward surrounding neighborhoods, with project access

from primary neighborhood-serving roadways, rather than from

roadways serving pass-through/pass-by traffic. Pedestrian access to

and from the surrounding neighborhood, where appropriate, shall be

encouraged. Primary uses in the NC classification are the retail and

retail service uses permitted in the B-2, Neighborhood Business zoning

district, and/or mixed-use buildings that combine retail/retail service

uses on the first floor only and residential uses on no more than two

additional floors, with a special use permit. In order that the

neighborhood-serving function of NC uses can be maintained,

maximum NC project size shall be 15 acres and the maximum size of

non-residential uses shall be 120,000 gross square feet, with no single

use (other than a grocery store, general store, or drug store) to be larger

than 12,000 gross square feet.

The purpose of the Semi-Rural Residential classification is to provide

for areas where a wide range of larger-lot residential development can

occur, as a transition between the largest-lot residential development in

the Rural Area and the more dense residential development found in

the Development Area. Residential development in the SRR areas

shall occur as single-family dwellings at a density of one dwelling per

1-5 gross acres. Where more than two dwellings are constructed – as

part of a residential project in the SRR classification – the average

density within that project should be 1 dwelling unit per 2.5 acres on a

project-by-project basis. Cluster housing and the use of the planned

unit development concept may occur, so long as the resulting

residential density is no greater than that possible under conventional

development standards and provided that such clustering furthers

valuable environmental objectives such as stated in the Environment

Plan and is consistent with fire and rescue service objectives. The

lower end of the density range for the SRR classification should be

proposed with a rezoning application. Higher densities shall be

achieved through negotiation at the rezoning stage, not to exceed

average densities established in this category.




Page B-6

The property is addressed as 13709 Dumfries Road, encompasses ±9.20 acres, and is proposed as

a mixed use development that will contain three uses. This two-part rezoning and special use

permit request is to rezone with proffers ±9.20 acres from A-1, Agricultural, to B-2,

Neighborhood Business, to permit a freestanding full-service restaurant, motor vehicle fuel

station with convenience retail, and a nursing home and convalescent care facility.

The combination of uses is partially due to the split-planned status of the property. The portion

of the property with the full-service restaurant and gas station with convenience retail is mostly

contained within the NC, Neighborhood Commercial, portion of the property (Lots A and B).

The nursing home is within the portion of the property (Lot C) which is designated SRR, Semi-

Rural Residential. The B-2 zoning district will allow commercial/retail uses and the nursing

home, as by-right uses. The requested special use permit (SUP) will then allow the gas station

with convenience retail store.

Proposal’s Strengths

Consistency of Scale of Proposed Uses with the NC Area – The NC designation allows

for coordinated, neighborhood-serving retail/commercial uses. The uses on Lot A (4,025

SF motor vehicle fuel station with convenience retail) and Lot B (8,650 SF freestanding

restaurant) are consistent with the scale intended for the NC designation.

Compatibility of Nursing Home Use – The nursing home use can be consistent with the

SRR designation, as in this case it is a use that can be allowed in the Semi-Rural Area and

in the B-2 zoning district, as proffered. In addition, the proposed nursing home could

serve as a transitional use between the residential uses to the north and east and the

neighborhood commercial/retail uses to the south and west on the subject property.

Uses Proffered Out – The applicant has proffered a number of prohibited uses which they

feel are inappropriate for this site. These include the following: child care facility; carry-

out restaurant; indoor theater; car wash; continuing care retirement community; marina;

motor vehicle fuel station; and any permitted uses greater than 12,000 SF.

Proposal’s Weaknesses

Zoning Inconsistency in the SRR Area – The proposed B-2, Neighborhood Business,

zoning district is not consistent with SRR. The SRR land use designation does not

provide for non-residential uses.

Land Use Inconsistency in SRR Area – The intent of the SRR land use designation is not

for nursing home or care facilities. Rather, it is intended for semi-rural residential uses.

As proffered, it can be compatible, given the layout orientation of this proposed

development.




Page B-7

On balance, this application is found to be 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 streetscaping, community open spaces, natural and cultural amenities,

stormwater management, and the preservation of environmental features. The plan also includes

illustrative gateway/corridor design guidelines that recommend streetscaping elements

(architecture, landscaping, signage, lighting, street furnishings, and pedestrian connections) to be

incorporated into projects within the five gateways and corridors.


Substantial Conformance – The applicant’s Generalized Development Plan (GDP), which

details the site layout, access, planned circulation, landscape buffering and screening, and

frontage improvements, has been proffered to substantial conformance.

Unified Architectural Design – The applicant has proffered to provide a compatible,

cohesive architectural theme, color scheme, and building materials through their proffer

statement.

Quality Building Materials – The applicant has proffered high quality building materials

and notes that materials comparable to brick, stone, wood, architectural concrete masonry

units, precast panels, or metal panels of architectural grade and quality will be used.

Buildings on Lots A, B, and C will be governed by this proffer. Additionally, the

applicant has proffered that the nursing home will be constructed with multiple wall

insets and sloping roof lines for added architectural interest and a more residential

character.

Buffers – The GDP indicates buffers where required and appropriate between the

individual lots of the development and in perimeter areas of the overall site as required by

the Zoning Ordinance and the DCSM. Externally, the development will be bounded on

the north (adjacent to residential properties) by a 50-foot Type C buffer (at Lots A and B)

and a 30-foot Type B buffer (at Lot C). This buffer will contain existing and newly

planted vegetation. To the east (adjacent to residential properties), there will be a 30-foot

wide Type B buffer. To the south (adjacent to the convenience store and the future high




Page B-8

school site will be a Type A buffer (15 feet). Additionally, the “tree save” areas are

positioned to complement the buffers. Native, indigenous vegetation will be used.

Landscape Strip – There is a 20-foot strip of property directly adjacent to Dumfries Road,

which is outside of a NOVEC electric power easement. The applicant has indicated that

flowers and shrubbery of lower height shall be planted at this location. This “cleared”

area should provide additional visibility (across the frontage of the applicant’s property)

as drivers approach Dumfries Road to access the site, but is still considered to meet the

HCOD buffer planting requirements. The GDP shows the applicant’s plantings to

directly abut the NOVEC easement.

Open Space – The GDP indicates that open space constitutes 58.8% of the entire site.

There is a large concentration of open space on the eastern portion of the site between the

nursing home and the eastern property line (adjacent to High School #12).

Lighting – The applicant has indicated that lighting will be downward directed and

oriented away from surrounding properties. Additionally, the applicant has proffered that

the lighting pole height shall not exceed 25 feet in height.

Rooftop Mechanical Equipment – The applicant has proffered that rooftop mechanical

equipment will be screened from adjacent residential properties and the right-of-way of

Dumfries Road.


Boundary Line Adjustment (BLA) Proffer – Proffer 1.4 indicates that a boundary line

adjustment is proposed with the adjoining property owner to the north. That proffer

indicates that no later than 90 days following the approval of the application, the

applicant will present a proposed BLA to the adjoining property owner. Staff views this

process as being outside the rezoning process and would have preferred that the BLA be

processed before consideration of the rezoning by the Board of County Supervisors.

Lack of Architectural Elevations – The applicant did not submit any architectural

elevations with the proposal. The applicant represents that no end-users have been

identified and, therefore, no specific architectural elevations have been developed.

However, the applicant has proffered a consistent architectural theme and the use of

quality building materials.

On balance, this application is found to be consistent with the relevant components of the

Community Design Plan.




Page B-9

Cultural Resources Plan Analysis

Prince William County promotes the identification, evaluation, and protection of cultural

resource sites throughout the County, as well as the tourism opportunities these sites present.

The Cultural Resources Plan recommends identifying, preserving, and protecting Prince William

County’s significant historical, archaeological, architectural, and other cultural resources—

including those significant to the County’s minority communities—for the benefit of all of the

County’s citizens and visitors. To facilitate the identification and protection of known significant

properties that have cultural resource values worthy of preservation, the land use classification

County Registered Historic Site (CRHS) is used in the Comprehensive Plan. The plan includes

areas of potentially significant known but ill-defined or suspected pre-historic sites, Civil War

sites, historic viewsheds, landscapes or areas of potential impact to important historic sites, and

encourages the identification, preservation, protection, and maintenance of all cemeteries and/or

gravesites located within the County.

There is an existing house on the property which dates from the early 20th

century. As part of the

review for the widening of Dumfries Road, the Virginia Department of Historic Resources

(VDHR) concluded that the house was not eligible for the National Register of Historic Places.

Further, the house is in a state of deterioration and is in fair condition. The house has undergone

several additions and is no longer a good example of the American Foursquare architectural

style.


Public Offer – Geisler House – The applicant has worked with County staff and has

agreed to advertise and offer the “Geisler House”, free of charge to any party, who would

like to salvage the house or move it to another location. If no buyer comes forward, it is

anticipated that the existing house and its outbuildings will be demolished.

Cultural Resources – A Phase I archaeological and Phase I architectural survey was

submitted. The survey found that the Geisler House had been too altered from its original

design and was not recommended as eligible for the National Register of Historic Places.

Further Archaeological Investigation – Both the Historical Commission and the County

Archaeologist have commented that no further archaeological investigations are

warranted.


None identified.


Cultural Resources Plan.




Page B-10

Environment Plan Analysis

Prince William County has a diverse natural environment extending from sea level to mountain

crest. Sound environmental protection strategies will allow the 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.

The following site conditions are noted:

None of the 9.20 acre site is Resource Protection Area (RPA) or Environmental Resource

(ER) on the Chesapeake Bay Preservation Area overlay.

Less than 1% * of this site contains 15% or greater slopes *.

(* Perimeter of existing pond in southwest part of site is man-made and has steep slopes –

not natural.)

This site is located in Subwatershed #705, which flows into an unnamed tributary of

Powell’s Creek in the Powell’s Creek watershed.

All predominant soils mapped on this site are not well-suited for building due to high

water table, low strength limit, or frost action potential.

One blue-line stream is mapped on this site which outlets from the onsite pond in the

southern portion of this site. A stream assessment and perennial flow determination

(PFD) was performed in December 2007 by Angler Environmental. This PFD found that

one drainage way was present on this site south of the existing pond. This stream had a

weak flow and scored as being intermittent.

An Environmental Constraints Analysis (ECA) was submitted with the rezoning application.

No onsite wetlands areas were identified and the site contains an existing pond used for

agricultural use and there is one drainage way which drains from this pond. The

front/western portion of the site is currently developed with a home, shed and driveway and

two-story barn. The rear of the site is partially wooded, although it appears to be cleared of

mature forest and now contains trees around the perimeter and some sub-canopy trees and

shrubs in the interior. A minimal amount of sloped area greater than 15% is located around

the pond and in southwestern edge of site not is proposed development area. No threatened

or endangered species were found in the vicinity of this site.




Page B-11


Water Quality – A $75 per acre monetary contribution for water quality monitoring,

stream restoration, and/or drainage improvements has been proffered.

Low Impact Development (LID) – The applicant’s proffer statement commits to the use

of LID techniques to be explored during the site plan review process.

Native Vegetation – In a number of places on the GDP and the Proffer Statement, the

applicant has proffered to use native vegetation or to supplement existing vegetation with

native vegetation.

Erosion and Sedimentation Control – The applicant has proffered to use Super-silt

fencing during the construction process.

Stormwater Management/BMP – A possible location for the treatment for stormwater

runoff has been identified on the GDP.

Pre-Treatment Device – For the motor vehicle fuel station component, the applicant has

been conditioned to provide a stormwater pre-treatment device onsite that is acceptable to

County Watershed Management.


Impervious Surface – With this proposal, there is a considerable increase in impervious

area compared to what currently exists on the site.

Limiting Soils – Many of the soils present on the subject site are poorly suited for

development. A geotechnical study may be necessary at the site plan review process.


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 protecting lives, property, and the environment

through timely, professional, humanitarian services essential to the health, safety, and well-being

of the community. The plan includes recommendations relating to siting criteria, appropriate

levels of service, and land use compatibility for fire and rescue facilities. The plan also includes

recommendations to supplement response time and reduce risk of injury or death to County

residents, establishment of educational programs, such as cardio-pulmonary resuscitation (CPR)




Page B-12

training, automatic external defibrillators (AED), and encourage installation of additional fire

protection systems – such as sprinklers, smoke detectors, and other architectural modifications.

The nearest responding fire station would be Coles Fire & Rescue Station #6. The site is located

within the 4.0-minute response area for fire suppression and basic life support, but the Coles

station is not equipped with advanced life support services. According to the FY 2011 figures,

this station work load capacity is at 102% with one tactical unit and 2,034 incidents. The nearest

County station equipped with advanced life support services is the Lake Jackson Fire & Rescue

Station #7 to the north of the subject property, which has a work load of 52% and is within an

8.0-minute response time from the SUP site.


Response Times – The site is located within the recommended 4.0-minute response time

for fire suppression and basic life support, and is within an 8.0-minute response time for

advanced life support services. The Coles station is located to the west of the site, across

Dumfries Road.

Monetary Contribution – The applicant has proffered to provide a monetary contribution

of $0.61 per square foot of total new floor area of all buildings, which may yield up to

$52,293.

Indoor Sprinklers – The applicant has committed to providing an indoor sprinkler system

within the nursing home building.


Capacity – The Coles Fire Station is operating just over-capacity at 102%.

Building Materials – Despite staff’s request that a commitment be made to proffer that

building materials for the nursing home are fire retardant/resistant, the applicant has not

provided this.

On balance, this application is found to be consistent with the relevant components of the Fire

and Rescue Plan.




Page B-13

Police Plan Analysis

Residents and businesses expect a high level of police service for their community. This service

increases the sense of safety and protects community investments. The Police Plan is designed to

promote Prince William County’s public safety strategic goal to continue to be a safe community,

reduce criminal activity, and prevent personal injury and loss of life and property, as well as to

ensure effective and timely responses throughout the County. This chapter encourages funding

and locating future police facilities to maximize public accessibility and police visibility as well

as to permit effective, timely response to citizen needs and concerns. The chapter recommends

educational initiatives, such as Neighborhood and Business Watch, and Crime Prevention

through Environmental Design (CPTED), which encourages new development to be designed in

a way that enhances crime prevention. The chapter also encourages effective and reliable public

safety communications linking emergency responders in the field with the Public Safety

Communications Center.

The Police Department does not feel that this proposal will have an overall significant impact on

police services at this time. However, businesses near quick escape routes (such as Hoadly and

Dumfries Roads) have a higher potential for victimization, absent adequate prevention steps.

The applicant has proffered to install an 8-foot high board-on-board fence around the perimeter

of the restaurant and nursing home facility when construction commences. In addition, measures

have been made to ensure proper lighting on the site and to not allow incoming calls to a pay

phone, to discourage loitering.

Furthermore, the developer/applicant should refer to the following sections in the CPTED

manual:

"Commercial Drive-Throughs" on page 10

"Commercial Storefronts" on page 11

"Parks, Trails and Open Spaces7' on page 19

"Lighting and Landscaping" on page 24

"Business Watch" on page 25


Graffiti and Site Maintenance – As proffered, the applicant shall notify the Police

Department if their property is marked with graffiti and remove it promptly thereafter.

The applicant has also proffered site maintenance and notes that litter control will be

conducted on a daily basis.

Pay Phones – Phones capable of receiving incoming phone calls shall not be installed on

the Property.


None identified.




Page B-14

On balance, this application is found to be consistent with the relevant components of the Police

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 to develop. Public water is available to the subject site, but requires

construction of off-site facilities. Additional water main construction may be required in order to

provide required fire protection hydrant coverage and fire flows. The applicant shall plan, design

and construct all on-site and off-site water utility improvements necessary to develop the subject

property and the above-listed requirements in accordance with applicable Service Authority,

County and State requirements, standards and regulations.


Connection to Public Water – The site will be developed using the public water system, with

the applicant responsible for all associated costs. The applicant has proffered to design and

construct all on-site and off-site water utility improvements necessary to develop the subject

site and to bear the costs associated with said improvements.


None identified.


Potable Water Plan.




Page B-15

Sanitary Sewer Plan Analysis

Appropriate wastewater and sanitary facilities provide needed public health and environmental

protections. The Sanitary Sewer Plan sets out policies and action strategies that further the

County’s goal of providing an economically and environmentally sound sanitary 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 Semi-Rural Residential (SRR), as well as the rural area.

The subject property is within the Development Area of the County and is thereby required to

utilize public sewer to develop. No oils, fuels, anti-freeze, solvents or other pollutants or

flammable substances shall be discharged into the public sewer system. Public sewer is available

to the subject site, but requires construction of off-site facilities. The applicant shall plan, design

and construct all on-site and off-site sanitary sewer utility improvements necessary to develop the

subject property and the above-listed requirements in accordance with applicable Service

Authority, County and State requirements, standards and regulations.


Connection to Public Sewer – The site will be developed using the public sewer system, with

the applicant responsible for all associated costs. The applicant has proffered to design and

construct all on-site and off-site sewer utility improvements necessary to develop the subject

site and to bear the costs associated with said improvements.


None identified.


Sanitary Sewer Plan.




Page B-16

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 creating and sustaining an environmentally friendly, multi-modal transportation

system that meets the demands for intra- and inter-county trips, is integrated with existing and

planned development, and provides a network of safe, efficient, and accessible modes of travel.

The plan includes recommendations addressing safety, minimizing conflicts with environmental

and cultural resources, maximizing cost effectiveness, increasing accessibility of all travel

modes, minimizing projected trip demand, and providing sufficient network capacity. Projects

should include strategies that result in a level of service (LOS) of “D” or better on all roadway

corridors and intersections, reduce traffic demand through transportation demand management

strategies, dedicate planned rights-of-way, provide and/or fund transit infrastructure, pedestrian

and bicycle pathways, and improved and coordinated access to transit facilities.

The applicant, Dumfries Seisin, LLC, is proposing to rezone approximately 9.20 acres from A-1

(Agricultural) to B-2 (Neighborhood Business) in order to provide a mixed use commercial

development consisting of the following uses:

gas station (with convenience retail) containing 12 fueling positions

8,650 square foot freestanding restaurant use

200-bed nursing home facility

Access to the site is being proposed from one (1) right in/right out access point directly on

Dumfries Road. The volume of traffic generated by the initial version of the development

warranted a traffic impact analysis (TIA) per the Design and Construction Standards Manual

(DCSM). The TIA was completed by Vettra Company on March 17, 2009, and was submitted

along with the original version of the rezoning request. Because a free-standing restaurant

generates fewer trips than the previously proposed fast food restaurant with a drive-thru, no

additional analysis for the site is needed. Thus, the conclusions reached by the initial study still

remain valid, and will be summarized in the following section.

PEAK HOUR LEVEL OF SERVICE (TIA) RESULTS

The TIA analysis shows that for future build-out year conditions (including the proposed

development), traffic conditions remain generally similar to those experienced under the

background scenario. The right-out portion of the applicant’s access point is shown to fail under

future build-out conditions. In order to mitigate this issue, an additional through-lane that

crosses the property and ties into the right-turn lane onto Hoadly Road is being proposed. This

improvement has been proffered.




Page B-17

Due to the configuration of the proposed layout and existing conditions, four waivers have been

granted by the County and VDOT. They are summarized as follows:

WAI2009-00190 – The proposed site access consists of a right-in/right-out access

entrance located 498 feet south of the Hoadly Road intersection with Dumfries Road

(Route 234). The waiver for the right-in/right-out entrance is acceptable with conditions

that the proposed nursing home shall not be developed without the required second

entrance or emergency access, and the geometry design will be reviewed in detail in final

site plan. (County DCSM Waiver)

WAI2011-00122 – The location of this entrance is approximately 58 feet north of the

beginning of the existing commercial entrance serving the Propp’s Store located on the

adjacent Acton X parcel to the immediate south. The waiver is acceptable with condition

that interparcel connection and easement shall be provided to the parcel on the south in

order to eventually close the existing substandard entrance for the parcel on Route 234.

(County DCSM Waiver)

Access Management Exception (RUID #11260) – To allow 498 feet space between

proposed site entrance along Dumfries Road and existing intersection at Hoadly Road

when 510 feet spacing is prescribed. (VDOT waiver)

Access Management Exception (RUID #11262 – To allow 219 feet space between

proposed site entrance along Dumfries Road and existing entrance on adjacent property,

when 510 feet spacing is prescribed. (VDOT waiver)

The access points to the gas station and restaurant that are closest to Dumfries Road may pose

congestion and safety concerns due to their proximity to the overall site access. Vehicles that

turn left from the gas station to exit onto Dumfries Road, as well as vehicles entering the site that

wish to turn left into the restaurant may be blocked by vehicles already queued to exit the site.

The applicant will need to strongly sign and mark that access point so there are no conflicting

movements.


Controlled Site Access – Access to the project will be from a single right-in, right-out

entrance from Dumfries Road. The proposed configuration is depicted on the GDP.

Entrance Channelization – As shown on the SUP plan, the westernmost entrance to the

SUP area for the gas station with quick service retail store shall be limited to right-in

only. This entrance configuration is to be constructed with a fully mountable curb and

island channelization in the hashed out area and specific pavement markings.




Page B-18

Obstruction of Travelways – The applicant has been conditioned to ensure that any

vehicles associated with the use do not obstruct the travelways, fire lanes, adjoining road

network, or parking spaces as shown on the SUP Plan.

Interparcel Connections – As proffered and shown on the GDP, the applicant will provide

interconnections to the property to the north and south, subject to County review and to

be recorded as easements.

Timing of Dumfries Road Improvements – The applicant has proffered to provide the

Dumfries Road improvements to coincide with the construction of the first site plan

approved on the Property.

Provisional Construction of Nursing Home – As stated in the proffers, the applicant will

not be able to construct the nursing home on the eastern portion of the property until a

second access point for emergency vehicles is approved and bonded.

Right-of-Way Provided – Additional right-of-way has been provided adjacent to

Dumfries Road.


Lack of Second Point of Access – The DCSM requires a second point of access for traffic

volumes greater than 2,500 vehicle trips per day. The applicant has not been able to

provide a full second access point. Rather, the proffer statement states that the nursing

home will not be constructed until a second point of access for emergency vehicles is in

place or approved and bonded. For a site of this projected traffic volume, staff would

have preferred a second access as it is more efficient and provides better traffic relief.


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. The materially relevant issues in this case are as follows:

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. All Zoning

Ordinance and Design and Construction Standards Manual (DCSM) requirements must

be satisfied.




Page B-19

Boundary Line Dispute – A neighboring property owner has contested the applicant’s

property line and notes that the common property line varies, which may impact the

residual parcel areas for conveyance after the rezoning.

Agency Comments

The following agencies have reviewed the proposal and their comments have been summarized

in relevant comprehensive plan chapters of this report. Individual comments are in the case file

in the Office of Planning:

County Archaeologist

PWC Health Department

PWC Historical Commission

PWC Planning Office / Proffer Administration / Zoning

PWC Police / Crime Prevention

PWC Public Works – Watershed / Environmental / Arborist

PWC Service Authority

PWC Transportation

Virginia Department of Transportation

Attachment C – Proposed REZ Proffers

Dated October 25, 2012


Page C-1

October 25, 2012

Record Owner/Applicant: Dumfries Seisin, LLC

Property: GPIN No. 7892-53-8485

Rezoning Area (Total): 8.7439 acres (9.196 acres)

Zoning: A-1 (Agricultural) to B-2 (Neighborhood Business)

Pursuant to §15.2-2303(A), Code of Va, 1950 as amended, the undersigned hereby proffers

that the development and use of the 8.7439 acres of land as delineated on the Rezoning Plat

(hereinafter “Property”), out of a total 9.196 acres of land owned by the Applicant on

Dumfries Road (Route 234) identified as GPIN 7892-53-8485, shall be in substantial

conformance with the following proffered development conditions and the hereinafter

defined General Development Plan, unless an amendment is mutually agreed upon by the

Prince William County Board of County Supervisors (the “Board”) and the undersigned

Applicant (the “Applicant”). In the event the above referenced rezoning is not granted as

applied for by the Applicant, then these proffers shall be deemed withdrawn and shall be null

and void.

The term “Applicant” as referenced herein shall include within its meaning all successors and

assigns of the Record Owners.

1. DEVELOPMENT AND USE

1.1 Development of the Property shall be in substantial conformance with the design features

and maximum gross floor area depicted on the General Development Plan/Zoning Plat;

consisting of five sheets prepared by Hish and Company of Reston, Virginia. The five sheets

are collectively hereinafter referred to as the General Development Plan (“GDP”). The GDP

sheets are individually entitled:

1. Rezoning Plat

Dated August 31, 2010, last revised September 3, 2012 ,

2. Existing Conditions and Demolition Plan

Dated August 31, 2010, last revised September 3, 2012

3. General Development Plan





Page C-2

4. General Notes and Tabulations


5. Landscape Plan


Transportation Improvements associated with development of the Property shall be in

substantial conformance with the Route 234 (Dumfries Road) Improvements Exhibit, consisting

of one sheet prepared by Hish and Company of Reston, Virginia, dated August 2012

(“Transportation Improvements Plan”).

Provided however, minor design modifications that do not materially alter the features shown

on the GDP may be made due to final engineering and architectural site plan review

considerations at the time of final site plan submission.

1.2 The Property shall be developed into three (3) lots.

Lot A, located on the southwesterly portion of the Property along the frontage of

Dumfries Road, will be developed with a maximum 4,025 gross square foot Quick

Service Food Store with a Retail Motor Vehicle Fuel Station, identified on the GDP as

“CONVENIENCE RETAIL W/ FUEL 6 PUMPS”, subject to special use permit approval

for the proposed use.

Lot B, located on the northwesterly portion of the Property along the frontage of

Dumfries Road, will be developed with a maximum 8,650 gross square foot Restaurant,

identified on the GDP as “FREESTANDING FULL SERVICE RESTAURANT”. There

shall be no live entertainment or dancing allowed at the Restaurant.

(i) So long as the property identified as GPIN 7892-54-7439 is used for single

family residential purposes, the sound pressure level, measured at the Property

boundary shall not exceed 55 dBA between 10:00 p.m. and 7:00 a.m. the

following morning on weekdays and from 10:00 p.m. to 9:00 a.m. the following

morning on Saturdays, Sundays, and legal holidays. The sound pressure level,

measured at the Property boundary shall not exceed 60dBA at any other time.

(ii) No alcoholic beverages shall be sold for consumption within the premises

between 12:00 midnight and 11:00 a.m. the following day.




Page C-3

Lot C, located on the most easterly portion and at the rear of the Property, will be

developed with a Nursing and Convalescent Care Facility with a maximum of 200 beds.

The Nursing Home architectural design shall serve as a transition to the surrounding

residential land use.

1.3 The Applicant agrees that the following uses authorized pursuant to B-2 zoning district of

the Prince William County Zoning Ordinance shall not be permitted on the Property or within

the Special Use Permit area;

Uses permitted by-right – hereby prohibited

8. Child-care facility

38. Restaurant, carry out

44. Theatre (indoor).

Special Uses – hereby prohibited

1. Any permitted use greater than 12,000 square feet of floor area.

2. Car wash (manned or self service)

3. Continuing care retirement community

6. Marina

9. Recreation facility, commercial (indoor or outdoor)

1.4 The Applicant shall, within 90 days after the approval of this rezoning, present a

boundary line adjustment plat and deed (“Eller BLA”) that conveys the areas of land along

the northerly boundary of the Property and shown on the GDP as “TO REMAIN A-1

ZONED” (collectively hereinafter “BLA Lands”),, to (i) the owner of the parcel identified as

GPIN 7892-54-7439 now or formerly Betty Jean Eller (“Grantee”); and (ii) the owner of the

parcel identified as GPIN 7892-64-0118, now or formerly Paul L. and Betty Jean Eller

(“Grantee”); Upon execution by the Grantee, the Applicant shall submit the Eller BLA to

the County for review and approval as required by County ordinance; and upon approval by

the County, the Applicant shall record the Eller BLA plat and deed among the land records of

Prince William County

1.5 The Applicant shall, within 90 days after the approval of this rezoning, present a plat and

deed that conveys the area of land along the easterly boundary of the Property, located to the

east of lands owned now or formerly by Gregory A. Kirk, and shown on the GDP as “TO

REMAIN A-1 ZONED” (“Kirk Land Transfer”), to the owner of the parcel identified as

GPIN 7892-63-4852, now or formerly Gregory A. Kirk (“Grantee”). Upon execution by the

Grantee, the Applicant shall submit the Kirk Land Transfer plat and deed to the County for

review and approval as required by County ordinance; and upon approval by the County, the

Applicant shall record the plat and deed among the land records of Prince William County.




Page C-4

2. TRANSPORTATION

2.1 Access Points - The initial number of access points to the Property shall be limited to one

public road entrance along the existing Dumfries Road frontage of the Property, as shown on

the GDP. Compliance shall be demonstrated on the approved final site plan. A second access

point shall be permitted with review and consultation by the Virginia Department of

Transportation and the Prince William County Department of Transportation in accordance

with Proffer 2.4.

2.2 If requested by Prince William County, and subject to final engineering and design

considerations, the Applicant shall provide an interparcel connection, (i) to the property to the

south identified as GPIN 7892-53-4584; and (ii) to the property to the north identified as

GPIN 7892-54-7439. Said interparcel access locations shown on the GDP are approximate

locations for access to adjacent properties. Actual locations will be recorded as easements

with site plans and plats and shall be subject to County approval. Interparcel access

easements shall be provided on the first final site plan for the area of the Property on which

the interparcel access is located.

2.3 The Dumfries Road improvements, including the privately maintained sidewalk, as

shown on the Transportation Improvements Plan will be provided by the developer of the

Property with construction of the first site plan approved on the Property, or on the Special

Use Permit area.

2.4 The Applicant shall not construct the Nursing Home until a second point of access for

emergency vehicles to the public road is in place or approved and bonded. Said second point

of access to the public road may be provided by interparcel connection and private roads,

direct connection, or extension of public or private streets.

2.5 The Applicant agrees that access to the Property shall not utilize Independence Drive.

2.6 The Applicant shall indicate on the final site plan the necessary paint stripe

channelization, detailed directional signage, and crosswalk striping to assist vehicle and

pedestrian flow along, and across, the internal private drives.

2.7 The loading space for the freestanding, full service restaurant shall not be utilized

for loading or trash, or garbage removal between the hours of 7 a.m. and 9 a.m. or 5 p.m. and 7

p.m. during week days, weekends and holidays.




Page C-5

3. COMMUNITY DESIGN

3.1 The Property shall be developed as a unified development

A. All buildings on proposed Lots A and B will have a compatible architectural

theme, compatible color scheme, and compatible building materials. All buildings shall

be faced on all sides with durable, attractive, high quality materials, comparable to brick,

stone, wood, architectural concrete masonry unit (e.g., regal stone, split face, precision,

ground face), precast concrete panels, or metal panels of architectural grade and quality.

In no instance shall EFIS, corrugated or channeled metal, pre-engineered metal or

exposed metal wall systems, unfinished/smooth face concrete block or simulated masonry

be used as a primary exterior building material.

B. The Nursing and Convalescent Care Facility (“Nursing Home”) on proposed Lot

C shall serve as a transition from the commercial character uses along Dumfries Road to

the residential land uses to the east. The Nursing Home building shall be constructed

with multiple wall offsets and sloping roofs as appropriate and shall be faced on all sides

with durable, attractive, high quality materials, comparable to brick, stone, wood,

architectural concrete masonry unit (e.g., regal stone, split face, precision, ground face),

precast concrete panels, or metal panels of architectural grade and quality. In no instance

shall EFIS, corrugated or channeled metal, pre-engineered metal or exposed metal wall

systems, unfinished/smooth face concrete block or simulated masonry be used as a

primary exterior building material.

C. The Applicant shall provide to the Planning Office building architectural

elevations of any building to be built on Lot A, Lot B, or Lot C at least two weeks prior to

building permit release letter issuance.

3.2 Landscaping plantings provided on the Property shall be native and indigenous species

appropriate to the location and the climate of the area. Landscaping plantings shall conform

to the §800 DCSM requirements as to the minimum requirement for plant units in buffers.

A. The Applicant shall preserve, to the greatest extent possible, existing high quality

native and healthy trees and vegetation located within the buffer areas, tree save areas,

and outside the limits of disturbance as recommended by a certified arborist in

consultation with the County Arborist. Poison ivy and other noxious vegetation shall be

removed prior to planting within buffer areas. Notwithstanding the above, the existing

fence line and existing vegetation along the north boundary shall not be disturbed.

Compliance shall be demonstrated on the final site plan.

B. The existing NOVEC easement along Dumfries road shall be graded and

stabilized with appropriate lawn grass. Flowers and low growing shrubbery, less than 3

feet high, shall be planted to the extent allowed by NOVEC guidelines and consistent

with the landscaping design for the Property; however, said plantings shall not interfere




Page C-6

with NOVEC’s exercise of any of its rights granted under the terms of the easement. The

nature and extent of the plantings within the NOVEC easement will be determined with

the engineering and final grading for this area of the Property at the first final site plan for

the Property and shall be in accordance with the NOVEC guidelines in place at the time

of site plan approval.

3.3 All freestanding parking lot lights shall have a maximum height of twenty-five (25) feet

above finished grade and shall have nonglare flat lens prism lighting angled at 90 degrees

with full cut-off fixtures that direct light downward and inward to the site. In addition, all

building mounted lighting, if any, shall be directed or shielded in such a manner to prevent

glare from projecting onto adjacent properties or public right-of-way. Low-pressure sodium-

vapor lamps shall be prohibited and a note indicating this prohibition shall be placed on each

final site plan.

3.4 Signage is not addressed in this rezoning. All signage associated with the Property shall

be constructed in accordance with all applicable Zoning Ordinance regulations and shall be

subject to approval of sign permits.

3.5 Parking and signage for handicapped customers shall be provided by the applicant in

accordance with the DCSM and other current standards.

3.6 Banners, pennants, streamers, balloons, figures and other attention getting devices not

permitted by the zoning ordinance shall be strictly prohibited.

3.7 Rooftop mechanical equipment on all buildings shall be screened from adjacent

residential properties and public rights-of-way. The material used to provide the screen shall

be a color that is compatible with the overall design of the building.

3.8 The Applicant shall advertise and offer the existing Geisler house, free of charge to any

party who will salvage the house or move it to another location. The advertisement will

commence within 90 days of approval of this rezoning and will run for 30 days

(“Advertisement Period”). The salvage or removal of the existing Geisler house shall be in

accordance with the terms of a written agreement (“Salvage Agreement”) prepared by the

Applicant. All salvage activities or removal operations shall be completed within 30 days

(“Salvage Period”) of said Salvage Agreement. If (i) no party enters into the Salvage

Agreement within the Advertisement Period, or (ii) at the completion of the Salvage Period

under the Salvage Agreement, the Applicant may demolish and remove the existing Geisler

house or its salvage remains without any further action required by any party other than the

appropriate demolition permit from the County. The Applicant shall provide written proof to




Page C-7

the Proffer Administrator 90 days after approval of the rezoning that the required

advertisement was initiated and will for 30 days.

3.9 When construction commences on the respective lot, the Applicant shall construct the 8

foot high board on board fence on Lot B and Lot C to provide visual screening and noise

reduction consistent with County ordinance for the properties to the north and such fencing

shall be reflected on the site plan.

4. ENVIRONMENT

4.1 Super-silt fencing or equivalent practices, where required for erosion and sedimentation

control, shall be provided in connection with any land disturbing activity. Compliance will be

demonstrated on the final site plan.

4.2 The Applicant shall make a monetary contribution to the Prince William Board of County

Supervisors in the amount of $75.00 per acre for water quality monitoring, stream restoration

projects and/or drainage improvements. Said contribution shall be paid as a condition of final

site plan approval.

4.3 Discharges – No fuel, oil, solvents, anti-freeze, and/or other similar pollutants, hazardous

materials, or flammable substances shall be discharged into the public sewer, storm drainage

or other surface waters.

4.4 The Applicant shall install a back-flow prevention device as approved by the Service

Authority.

4.5 The Applicant shall utilize Low Impact Design techniques, to the extent soil

suitability permits and where economically feasible, consistent with good engineering practice,

and harmonious with the proposed use of the Property. The exact type, location and nature of

the LID techniques will be demonstrated on each site plan approved for the Property.




Page C-8

5. STORM WATER MANAGEMENT

5.1 Unless waived by the County, a stormwater management facility for the property shall be

provided at the first final site plan submitted for the Property. The final configuration of the

stormwater management facility will be determined in consultation with County Watershed

Management, and be based on final engineering, at the first final site plan submitted for the

Property. The size of the SWM shall be increased in volume to compensate for loss of

intermittent stream on site in consultation with County Watershed Management.

Maintenance of such facility shall be as required by the DCSM.

5.2 The existing farm pond location is shown as a potential site for SWM/BMP only.

The existing pond shall be evaluated for use as a SWM/BMP facility at the first final site plan

submitted for the Property. The feasibility of such use shall be determined by engineering

studies and DCSM requirements.

5.3 The existing farm pond shall also be investigated for dual use as SWM/BMP and

as a wet pond site amenity. The feasibility of such dual use as a wet pond site amenity shall be

determined by engineering studies and DCSM requirements as appropriate at the first site plan

submitted for the Property.

5.4 The SWM/BMP mechanism for the Property as a whole, including alternative

strategies, low impact facilities, appropriate SWM pre-treatment devices, or other innovative

systems, shall be all acceptable to County Watershed Management and approvable by the County

at the final site plan submitted for the Property.

6. FIRE & RESCUE

6.1 The Applicant shall make a monetary contribution to the Prince William Board of County

Supervisors in the amount of $0.61 per gross square foot of nonresidential building and

canopy square footage constructed on the Property to be used for fire and rescue purposes.

The contribution shall be made prior to and as a condition of the issuance of a building

permit for each building.

6.2 The Applicant shall provide a sprinkler system in the Nursing Home.




Page C-9

7. POTABLE WATER AND SANITARY SEWER

Public water and sanitary sewer shall serve the Property. The Applicant shall be

responsible for the costs of design and construction of all on and off-site improvements as

required by the service provider in order to provide such services for the demand generated

by the development on the Property.

8. MISCELLANEOUS

8.1 Refuse and Refuse Containers: All of the dumpsters shall be located within storage areas

that are completely screened with masonry walls and/or landscaping that is compatible and

complementary to the approved building materials and elevations. The gates shall be closed

when the refuse containers are not being accessed.

8.2 Litter Control: The Applicant shall be responsible for the daily collection of litter and

trash on the site.

8.3 The Applicant agrees to remove any graffiti from the Property. Graffiti shall be deemed

any inscription or marking on walls, buildings or structures not permitted by the sign

regulations in Section 32-250.20 et seq. of the Zoning Ordinance. Any graffiti is to be

reported to the Prince William County Police Department before removal. Access to the roof

shall be designed to prevent scaling of walls by keeping dumpsters away from walls and

covering or enclosing drainpipes, among other similar measures.

8.4 Pay Phones – Pay phones capable of receiving incoming phone calls shall not be installed

on the Property.




Page C-10

9. ESCALATOR CLAUSE

In the event the monetary contributions set forth in the proffer statement are paid to the

Prince William County Board of Supervisors within eighteen (18) months of the approval of

this rezoning as applied for by the Applicant, said contributions shall be made in the amounts

stated herein. Any monetary contributions set forth in this Proffer Statement which are paid

after eighteen (18) months following the approval of this rezoning shall be adjusted in

accordance with the Urban Consumer Price Index (CPI-U) published by the United States

Department of Labor, such that at the time the contributions are paid they shall be adjusted by

the percentage change in the CPI-U from the date eighteen (18) months after the approval of

this rezoning to the most recently available CPI-U to the date the contributions are paid,

subject to a cap of six percent (6%) per year, non compounded.

[SIGNATURES ON FOLLOWING PAGES]




Page C-11

Dumfries Seisin, LLC

(GPIN 7892-53-8485)

By: _____________________________________

Nodi Chhabra, Manager

V:\Company\Chhabra, Nodi\Rezoning 13709 Dumfries Rd\2012_1025_ PROFFER STATEMENT (final for PC) -PWCo edited_PJG.doc

Attachment D – Proposed SUP Conditions



Page D-1

PROPOSED CONDITIONS

Owner/Applicant: Dumfries Seisin, LLC

Project Name: Geisler Property – Fuel Station

Project Number: SUP #PLN2012-00243

Address/GPIN: 13709 Dumfries Road / 7892-53-8485 (part)

Special Use Permit Area: ± 1.31 acres

Existing Zoning: A-1, Agricultural

Proposed Zoning: B-2, Neighborhood Business (REZ #PLN2009-00403)

Land Use: NC, Neighborhood Commercial; SRR, Semi-Rural Residential

Magisterial District: Coles

Date: October 25, 2012

The following conditions are intended to offset the impacts of the proposal and would render the

application consistent with the applicable chapters of the Comprehensive Plan. If the conditions

of this special use permit or “The Plan” are in conflict with the Zoning Ordinance approved

proffers or the Design and Construction Standards Manual (DCSM), the more restrictive shall

apply unless otherwise specified herein. The applicant shall file a site plan within one (1) year of

approval of this special use permit and shall have up to five (5) years from the date of final site

plan approval to commence the proposed use. Issuance of an occupancy permit constitutes

commencement of the use. The term “Applicant” as referenced herein shall include within its

meaning the Applicant and all future owners and successors in interest.

1. Site Development – The site shall be developed in substantial conformance with the

special use permit plan consisting of 1 sheets, dated December 15, 2011, last revised

September 3, 2012, entitled “SPECIAL USE PERMIT MOTOR VEHICLE FUEL

STATION, RETAIL LOT A, SUP # PLN 2012-0243 GEISLER PROPERTY ROUTE

234”, prepared by Hish and Company, P.C., (“SUP Plan”) and in accordance with all

minimum requirements for site plan approval.

2. Use Parameters

A. Use Limitation – The use approved with this special use permit shall be limited to

a retail motor vehicle fuel station containing double sided pumps on a maximum

of three (3) islands for a maximum of twelve (12) fueling positions with a by-right

quick service food store as shown on the SUP Plan.

B. Truck Deliveries – Fuel tanker trucks, garbage trucks, and trucks making

deliveries to the by-right quick service food store shall not make deliveries

between 7 a.m. and 9 a.m. or 5 p.m. and 7 p.m.

C. Vehicle Repair – No vehicle repairs shall be performed in association with the

motor vehicle fueling station.




Page D-2

D. Outdoor Speaker System – Any outdoor speaker system shall be limited to one

speaker per pump fueling position used for ordering from the pump area and shall

not be audible off-site as a condition of site plan approval.

E. Amenities – The applicant shall provide compressed air and water for vehicular

use at the end of one of the pump islands, or adjacent to a proposed parking space

or other paved area. The final location of said water spigot shall be subject to

approval at final site plan. These amenities shall be inspected daily and

maintained in operating condition.

F. Cessation of the Use – If the sales of motor vehicle fuel should cease for a period

of more than one year, the owner of the property shall be responsible for removal

of the following structures within 60 days:

i) Underground fuel storage tanks;

ii) Fuel dispensers;

iii) Pump islands;

iv) Overhead canopy;

v) Air and water dispensers; and

vi) Signage related to motor vehicle fuel sales.

In the event all uses are discontinued and the site is vacant, then the owner shall

stabilize the site using erosion control measures acceptable to the Department of

Public Works.

3. Community Design – All building architecture shall be consistent with the proffered

conditions of REZ #PLN2009-00403, Geisler Property. The Property shall be developed

as a unified development.

A. All building(s) on proposed Lot A for the motor vehicle fuel station with

convenience retail store and B will have a compatible architectural theme,

compatible color scheme, and compatible building materials to what is to be

constructed on Lots B and C. All buildings shall be faced on all sides with

durable, attractive, high quality materials, comparable to brick, stone, wood,

architectural concrete masonry unit (e.g., regal stone, split face, precision, ground

face), precast concrete panels, or metal panels of architectural grade and quality.

In no instance shall EFIS, corrugated or channeled metal, pre-engineered metal or

exposed metal wall systems, unfinished/smooth face concrete block or simulated

masonry be used as a primary exterior building material.

B. The Applicant shall provide to the Planning Office building architectural

elevations of any building and canopy to be built on Lot A at least two weeks

prior to building permit release letter issuance.




Page D-3

4. Signage

A. Signage/Advertising – All signage is subject to approval of a sign permit per the

Zoning Ordinance. Color, scaled renderings of all signage shall be submitted as

part of the sign approval process.

B. Promotional/Advertising Materials – The use of banners, balloons, streamers,

pendants, figurines, and similar attention-getting devices shall be strictly

prohibited, including promotional signs affixed to the façade of the building, on

light poles, or on other fixtures on the property.

C. Outdoor Displays – The outdoor display of merchandise shall be strictly

prohibited, including, but not limited to such items as tires, vehicle accessories,

and recreation equipment.

5. Lighting – All Lighting shall be consistent with the proffered conditions of REZ

#PLN2009-00403, Geisler Property. All freestanding parking lot lights shall have a

maximum height of twenty-five (25) feet above finished grade and shall have nonglare

flat lens prism lighting angled at 90 degrees with full cut-off fixtures that direct light

downward and inward to the site. In addition, all building mounted lighting, if any, shall

be directed or shielded in such a manner to prevent glare from projecting onto adjacent

properties or public right-of-way. Low-pressure sodium-vapor lamps shall be prohibited

and a note indicating this prohibition shall be placed on each final site plan.

6. Maintenance of the Property

A. Site Maintenance – The applicant shall remove litter, trash and debris from the

motor vehicle fueling station, retail site on a daily basis.

B. Refuse and Refuse Containers – Refuse shall be stored within a storage area

generally as shown on the SUP plan and shall be completely screened with an

opaque wall and gate. The gate shall be closed when the refuse containers are not

being accessed. Compliance with this condition shall be evidenced with the final

site plan approval.

C. Graffiti Removal – Graffiti on the site shall be removed promptly. Graffiti shall

be deemed any inscription or marking on walls, buildings or structures not

permitted by sign regulations in Section 32-250.20 of the Zoning Ordinance. Any

graffiti is to be reported to the Prince William County Police Department before

removal.




Page D-4

7. Environment

A. Water Quality – The Applicant shall contribute $75 per acre (±1.13 acres) as a

condition of the final site plan approval to the Prince William Board of County

Supervisors to conduct water quality monitoring, stream restoration projects,

and/or drainage improvements. Said monetary contribution shall be paid via the

proffers associated with REZ #PLN2009-00403, Geisler Property.

B. Hazardous Materials – The discharge of fuel, oil, solvents, anti-freeze, and/or

other pollutants, hazardous materials, or flammable substances into the public

sewer, storm drainage, or other surface waters is strictly prohibited.

C. Back-Flow Prevention Device – The applicant shall install a back-flow prevention

device as approved by the Service Authority.

8. Stormwater Management – All stormwater management facilities, including an

appropriate SWM pre-treatment device which is acceptable to PWC Watershed

management, shall be consistent with the proffered conditions of REZ #PLN2009-00403,

Geisler Property.

9. Emergency Spill Contingency/Notification – The owner/operator of the property shall

prepare an emergency spill notification contingency plan and shall have the same

approved by the Fire Marshal and posted on the premises before the issuance of any

occupancy permits. The owner/operator of the property shall be responsible for notifying

the Fire Marshal’s office immediately in the event of a spill of any petroleum or chemical

waste on the property. The owner/operator shall assume full responsibility for the costs

incurred in the cleanup of such spills.

10. Transportation

A. Entrance Channelization – As shown on the SUP Plan, the west most entrance to

the SUP Area, Quick Service Food Store, and Retail Motor Vehicle Fuel Station

shall be limited to right-in only. This entrance shall be constructed with fully

mountable curb and island channelization in the hashed out area on the SUP Plan

labeled “SEE NOTE 1”, and “No Exit” pavement marking so that only fuel

tanker trucks shall be allowed to make a left turn to exit the site as shown on the

SUP Plan. The entrance restrictions shall be shown on the site plan for the SUP

Area. The east most entrance to the SUP Area Quick Service Food Store and a

Retail Motor Vehicle Fuel Station shall allow all turning movements.

B. Obstruction of Travelways – The applicant shall ensure that any vehicles

associated with the use do not obstruct the travelways, fire lanes, adjoining road

network, or parking spaces as shown on the SUP Plan.




Page D-5

C. The Dumfries Road improvements as shown on the Transportation Improvements

Plan will be provided by the developer of the Property with construction of the

first site plan approved on the Property, or on the Special Use Permit area.

D. Parking for the SUP use shall not utilize the adjacent public roadways.

11. Connections to Public Water & Public Sewer – The site shall be connected to public

water and public sewer with the Applicant bearing all costs associated with providing all

on-site and off-site facilities to establish and/or maintain said connections.

12. Monetary Escalator – In the event the monetary contributions set forth in the development

conditions are paid to the Prince William County Board of County Supervisors within

eighteen (18) months of the approval of this special use permit, as applied for by the

Applicant, said contributions shall be in the amounts stated herein. Any monetary

contributions set forth in the development conditions which are paid after eighteen (18)

months following the approval of this special use permit shall be adjusted in accordance

with the Urban Consumer Price Index (CPI-U) published by the United States

Department of Labor, such that at the time the contributions are paid they shall be

adjusted by the percentage change in the CPI-U from the date eighteen (18) months after

the approval of this special use permit to the most recently available CPI-U to the date the

contributions are paid, subject to a cap of six (6%) percent per year, non-compounded.

Attachment E – GDP Layout Plan


Page E-1



Page E-2



Page E-3



Page E-4

Attachment F – Route 234 Frontage Improvements Exhibit



Page F-1

Attachment G – SUP Plan


Page G-1

Attachment H – ECA Plan Map



Page H-1

Attachment I – Historical Commission Resolution



Page I-1

HISTORICAL COMMISSION RESOLUTION

MOTION: SWAVELY August 14, 2012 Regular Meeting SECOND: VAN DERLASKE Res. No. 12-033 RE: LAND DEVELOPMENT RECOMMENDATIONS ACTION: APPROVED

WHEREAS, the Prince William County Historical Commission seeks to identify, preserve and protect historic sites and structures in Prince William County; and

WHEREAS, the Prince William County Historical Commission’s review

of pending land development applications assists in determining the necessity for cultural resource surveys and other research and evaluations; and

WHEREAS, the Prince William County Historical Commission believes

that the identification, preservation and protection of historic sites and structures throughout Prince William County is well served by this action;

NOW, THEREFORE, BE IT RESOLVED, that the Prince William

County Historical Commission does hereby recommend to the Prince William County Planning Commission the action(s) noted for the following properties:

Case Number Name Recommendation REZ PLN2009-00403 Geisler Property (5th Revision) No Further Work REZ PLN2011-00268 New Dominion Square Recommendations to

proffers. Proffer 9 – Increase dollar amount for

historical research and documentation.

Proffer 10 – Replace plaque with interpretive

signage. SUP PLN2012-00243 Fuel Station at Geisler

Property (2nd Revision) No Further Work

REZ PLN2012-00420 Potomac Shores See Attached Proffer Recommendations

PFR PLN2012-00338 PRTC Bus Facility No Further Work SUP PLN2012-00434 Potomac Shores Town Center No Further Work SUP PLN2013-00004 Sentara Northern Virginia

Medical Center No Further Work

PRA PLN2013-00005 St. Margaret’s Church No Further Work PRA PLN2013-00009 Rivergate Proffer Amendment No Further Work REZ PLN2013-00011 Glass Property Rezoning Phase I

Attachment I – Historical Commission Resolution



Page I-2

Case Number Name Recommendation SUP PLN2013-00025 Fauquier Bank Drive-Thru

(Gateway Crossing) No Further Work

Votes: Ayes: by acclamation Nays: None Absent from Vote: None Absent from Meeting: Knock, Turner, Wright MOTION CARRIED

CERTIFIED COPY Secretary to the Commission

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