TOWN OF WARRENTON

18 Court Street, Warrenton, Virginia 20186 PLANNING & COMMUNITY

(540) 347-2405 - Planning@warrentonva.gov Internet DEVELOPMENT DEPARTMENT
www.warrentonva.gov

Brandie M. Schaeffer
Director of Planning November 21, 2017

TO: Planning Commission

FROM: Brandie M. Schaeffer

Director of Community Development

RE: Special Use Permit #2017-06, McShin Foundation

I. Summary:

A. Owner: Mill Pond Investments, LLC

B. Applicant: McShin Foundation Recovery Center
C. Request - The request is for a Special Use Permit (SUP) for an Emergency Housing Facility use
to operate a 28-day residential substance use disorder recovery program comprising of up to 14
participants and two employees/managers at 30 Marshall Drive, as allowed under Article 3-4.11.3
of the Zoning Ordinance. The Emergency Housing Facility use would be located in an existing
structure previously used for office on 0.49 acres in the Central Business District. The location is
within 300 of a municipal parking lot.
McShin
Existing Proposed
Foundation
SUP/site area Vacant/Previous Office Use Emergency Housing Facility
On-site parking/Located
Parking within 300 of Municipal No modifications
Lot
Employees Vacant 2 Employees
Hours of Operation Vacant 24 hours/7 Days a Week

D. Site Location - The site is located at 30 John Marshall Street (see maps in Attachment A). The
SUP site is identified as GPIN 6984-33-3611-000.
E. Comprehensive Plan - The site is designated Central Business District in the Comprehensive Plan.
F. Zoning - The site is zoned Central Business District.
McShin Foundation
November 21, 2017
Page 2
G. Surrounding Land Uses
Direction Zoning Current Land Use
North Central Business District Office
Central Business District /
South Parking Lot/ Detention Facility
Public Semi- Public
East Central Business District Parking Lot
West Central Business District Office/Commercial

II. Outstanding Issues:

The proposal seeks to convert an existing office structure to an Emergency Housing Facility use that is
not discussed in the Comprehensive Plans Central Business District. The applicant did not submit a
traditional Special Use Permit Plan designating the parking, access points, and any outdoor space.
However, the proposal is within 300 of a municipal lot that the Zoning Ordinance waives parking in the
Central Business District. In addition, the applicant has stated there will be no structural changes to the
existing structure and no outdoor activities.

III. Staff Recommendation: is that the Planning Commission determine if the proposed use meets the intent
of the Central Business District and the public, health, safety, and welfare of the proposed future
residents, as well as Town are met. If the Planning Commission recommends approval of SUP 2017-06 to
Town Council, staff recommends the Conditions Statement dated November 21, 2017.

IV. Suggested Motions:

1. I move that the Planning Commission recommend approval of SUP 2017-06 subject to the conditions
dated November 21, 2017.

OR

2. I move that the Planning Commission forward SUP 2017-06 to the next Planning Commission Work
Session.

OR

3. I move that the Planning Commission recommend denial of SUP 2017-06 for the following reasons:
[Insert].

OR

4. I move an alternative motion.

Attachments:
A. Area Maps
B. Staff Anaylsis
C. Proposed Conditions
D. Application

SUP 2017-06
 Attachment A - Map
VICINITY MAP

SUP #2017-06, McShin Foundation Recovery Center

Page A-1
 Attachment A - Map
AERIAL MAP

SUP #2017-06, McShin Foundation Recovery Center

Page A-2
 Attachment A - Map
EXISTING ZONING MAP

SUP #2017-06, McShin Foundation Recovery Center

Page A-3
 Attachment A - Map
FUTURE LAND USE MAP

SITE

SUP #2017-06, McShin Foundation Recovery Center

Page A-4
 Attachment B Staff Analysis

Staff Analysis

This analysis is based on the applicable sections of the Comprehensive Plan and Zoning Ordinance. The
standards/analysis table contains the criteria for Planning Commission and Town Council consideration of Special
Use Permits, per Article 11-3.1.3.

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

Future Land Use Map

Direction Land Use Zoning
Designation
North Office Central Business District Central Business District
Central Business District/
South Parking Lot/ Detention Facility Central Business District
Public Semi- Public
East Parking Lot Central Business District Central Business District

West Office/Commercial Central Business District Central Business District

Comprehensive Plan Future Land Use Analysis

The 2002 Comprehensive Plan labels this parcel in the Future Land Use Map as Central Business District (CBD).
The overall Commercial Development goal is to encourage and maintain a viable Central Business District and
specifically the Land Use policies are:

1. To preserve the central business district by encouraging its economic growth while recognizing its
historical significance.
2. To make visiting the CBD a pleasant experience by enhancing its visual appearance and providing
adequate off-street parking.
3. To delineate and establish neighborhood community shopping services outside the CBD.
8. To attract retail patrons to the CBD.
9. To encourage retail rather than office use of the first floors of buildings along Main Street and to
encourage both office and retail uses on the first floors of buildings on other streets in the CBD.

Staff Findings: The Comprehensive Plan is silent on emergency housing uses. However, it is fairly specific in the
goals and objectives for the Central Business Districts. It will be a policy decision to determine if the emergency
housing is an appropriate use in the Central Business District. Staff researched other jurisdictional policies on
emergency housing. While limited resources were found, there are policies that might be transferrable to the
Central Business Districts goal of being mixed use for retail, office, and residential. One such recommended
policy finds there should not be a concentration of emergency housing facilities, instead dispersing with a
required distance of several hundred feet between them. A concentration results more in traditional Euclidian-type
zoning as opposed to a true mixed use envisioned in the Central Business District. Within 500 of this site, there is
a detention facility and homeless shelter.

SUP 2017-08, McShin Foundation

Page B-1
 Attachment B Staff Analysis

Other policies staff found in its research that help emergency housing facilities be successful are a Health and
Safety Plan for emergencies in the residence, a Neighborhood Outreach Program with an assigned staff person to
address all neighbor concerns, designated outdoor areas, and a Security Plan for when the facility is open to
ensure the safety of the residents. The applicant has not indicated if McShin Foundation incorporates these items
into their operations model.

The applicant stated all activities will occur inside the structure and is not proposing any outdoor gathering
spaces. Recovery group residential sites residents tend to have gatherings outside in between meetings. If no
designated space is provided, then residents will potentially gather in the public right-of-way (i.e. sidewalk). To
mitigate this potential impact, a Condition of Approval is proposed to prevent this type of activity.

Finally, the applicant states residents to the treatment program will not have vehicles and only two employees.
What is unclear is the Statement of Justification refers to meetings that are open and free to the public. Yet, there
is no indication on the frequency or potential size of these meetings, nor the service area the meetings will draw
from. Conditions of Approval state the occupancy load as set by the Building Official shall be followed at all
times and no residential vehicles will be stored on site.

Transportation and Circulation Analysis

The primary transportation and circulation goal for the Town of Warrenton is To encourage the development of
a safe, efficient and multi-modal transportation system for the movement of people, goods and services, in and
around the Town that is consistent with the historic fabric, land use pattern and expected future fiscal needs of the
Town. The Transportation and Circulation section of the Comprehensive Plan sets out policies and objectives
that work to further this goal. The section includes recommendations addressing improvements for pedestrian use,
new street connections, parking and sidewalks, trails, cost sharing, traffic calming techniques, safety, and signage.

Staff Findings: As the applicant provided limited information on how the site will be used, staff developed
recommended Conditions of Approval to address potential concerns. For instance a condition requiring all
visitors, pick-ups and drop-offs to occur in the parking lot at the rear of the building is proposed. This will work to
ensure traffic is not stopping and stacking on John Marshall Street. In addition, the applicant has stated that all
activities will occur inside and therefore has not designated any outdoor space for residents. Without space
designated to evaluate its potential impact on neighbors, staff is proposing a condition that utilizes the applicants
statement of all activities occurring inside. This will prevent the public right-of-way (e.g. sidewalks) from
becoming gathering places.

Community Facilities and Services Analysis

Public community facilities in the Town are provided by the Town, Fauquier County, and other public groups for
the benefit of all residents. The availability and quality of these facilities, that include, schools, libraries, hospitals,
parks, police and fire and rescue services, are evaluated when people are considering moving into the Town or
nearby area. The provision of these facilities adds to the desirability of living in the Town. The Comprehensive
Plans primary community facilities and services goals for the Town of Warrenton are:

10. To ensure adequate community facilities conveniently located to serve existing and future neighborhoods.
11. To provide high quality community facilities and services while maintaining stable taxes commensurate
with the developing Town area and within the constraints of the Towns fiscal capacity.
12. To continue providing a safe, reliable, and cost-efficient water supply, sewage treatment, and solid waste
collection services to all Town residents, and water and sewer services within designated areas of the

SUP 2017-06, McShin Foundation

Page B-2
 Attachment B Staff Analysis

Town of Warrenton Fauquier County Master Water and Sewer Agreement.

13. To obtain the Towns proportionate share of community services provided by other governments,
including a fair and reasonable balance in funding sources for community facilities and services from
Town residents, businesses, the County government, the State and Federal governments, and developers.

Public services are essential to the community structure and quality of life, as well as to long-term economic
vitality. They support existing and planned developments and contribute to the health, safety, education and
general welfare of Warrenton residents. The applicants Statement of Justification indicates this site is appropriate
for the proposal due to its proximately to the sheriffs office, the adult detention center, the courts, the local 12
step meeting place and the local hospital make it a prime location. This makes ease for the participants to get to
court appointments and get around using public transportation or walking. The Emergency Housing Facility use
would change the use of the existing structure to a 14 bed residential building. Due to the nature of the use and for
the protection of future residents, a Condition of Approval requiring the building install a sprinkler system is
proposed.

In addition, the Department of Public Works/Public Utilities indicated that the existing building is currently
served by a 5/8 line. This may need to be increased to a 1 line depending on the plumbing fixtures. The
Fauquier County Emergency Shelter located on Keith Street is served by a 1 line.

Staff Findings: The proposed use does not add to the tax base. However, the applicant believes it adds a
community service that is currently lacking in the Town. Conditions of Approval require the applicant to increase
to a 1 line if required by Public Utilities.

Economic Resources Analysis

The Town of Warrenton seeks to strengthen its economic base through business development and tourism
promotion. The goals of the Economic Resources section of the Comprehensive Plan are to:

1. Maintain the Towns role as the economic and governmental center of Fauquier County.
2. Promote and maintain the economic vitality of the historic downtown area.
3. Promote a diverse, balanced and stable employment base.
4. Promote a stable and healthy commercial tax base that expands in proportion to the residential tax base.

Staff Findings: Balancing the services provided to residents with economic development is always important. The
Town of Warrenton seeks to promote the economic vitality of the historic downtown and expand its commercial
tax base. The introduction of Emergency Housing Facility in the Historic District and Central Business District
with a non-profit foundation does not work to achieve these economic development goals.
Zoning Analysis

The legislative intent of the Central Business District is to provide for orderly development, infill and
revitalization of the central business and commerce area of the Town of Warrenton in accordance with objectives,
policies, and proposals of the Comprehensive Plan of the Town; and for the logical and timely development of the
land for primarily business purposes providing for higher density residential development, especially on the
upper floors of structures on Main Street and encouraging a lively retail environment at the street level of Main

SUP 2017-06, McShin Foundation

Page B-3
 Attachment B Staff Analysis

Street.

The Special Use Permit application shows no changes to the existing building location or height. The Reply to the
Conditional Acceptance dated October 17, 2017 states the applicant will not be changing anything to the
structures nor making any additions to the property as it stands. However, on October 25th, an administrative
subdivision application was submitted for the site. In the event a subdivision occurs, staff proposes a Condition of
Approval that restricts the Emergency Housing Facility use, if approved, to the site containing the existing
structure. All Zoning Ordinance requirements must still be adhered to regardless of the new boundaries. No non-
conforming outcomes or waivers shall be allowed. If the change in use triggers a site plan, then a landscaping plan
shall be required to show proof of compliance with the Zoning Ordinance.

Staff Findings: Several Conditions of Approval have been crafted to offset the proposed change in use from office
to residential. Transportation impacts, a subdivision request, and the safety of the future residents to mitigate the
potential impact on adjacent properties. Permits, site plan, landscaping, lighting, refuse collection, ingress/egress,
occupancy loads, and Certificate of Appropriateness items are all also required. Conditions to the number of beds,
curfew, location of activities, and length of stay are all items the applicant states to be part of the operational plan.
Therefore, these items have been conditioned to ensure the use remains as presented.

Article 11-3.10 Evaluation Criteria

Below is the criterion the Planning Commission and Town Council must consider when reviewing a Special Use
Permit request to uphold the public health, safety, and welfare of the Town and minimize impacts of the proposed
use.

Standard
Whether the proposed Special Use Permit is
consistent with the Comprehensive Plan.
Whether the proposed Special Use Permit will
adequately provide for safety from fire hazards
and have effective measures of fire control.
The level and impact of any noise emanating
from the site, including that generated by the
proposed use, in relation to the uses in the
immediate area.
The glare or light that may be generated by the
proposed use in relation to uses in the immediate
area.
The proposed location, lighting and type of signs
in relation to the proposed use, uses in the area,
and the sign requirements of this Ordinance.
Analysis
The CBD seeks to promote retail and office on the
ground floor while encouraging compatible
residential infill. Emergency Housing Facility use is
not addressed in the CBD. It is more residential in
nature and the existing kitchen is 1st floor.
A sprinkler system is a Condition of Approval. The
site is accessible for Emergency Services vehicles.
The applicant states all activities are to be conducted
within the building and will have a 9:00 pm curfew
for residents. As such, the curfew is a Condition of
Approval.
The applicant is not proposing any lighting. A
Condition of Approval is include a lighting plan
with full cut off at time of Site Plan submission.
The applicant has a previously approved Certificate
of Appropriateness for a sign permitted under
Zoning Ordinance.

SUP 2017-06, McShin Foundation

Page B-4

The compatibility of the proposed use with other
existing or proposed uses in the neighborhood,
and adjacent parcels.
The location and area footprint with dimensions
(all drawn to scale), nature and height of existing
or proposed buildings, structures, walls, and
fences on the site and in the neighborhood.
The nature and extent of existing or proposed
landscaping, screening and buffering on the site
and in the neighborhood.
The timing and phasing of the proposed
development and the duration of the proposed
use.
Whether the proposed Special Use Permit will
result in the preservation or destruction, loss or
damage of any significant topographic or
physical, natural, scenic, archaeological or
historic feature.
Whether the proposed Special Use Permit at the
specified location will contribute to or promote
the welfare or convenience of the public.
The traffic expected to be generated by the
proposed use, the adequacy of access roads and
the vehicular and pedestrian circulation elements
(on and off-site) of the proposed use, all in
relation to the public's interest in pedestrian and
vehicular safety, efficient traffic movement and
access in case of fire or catastrophe.
Whether the proposed use will facilitate orderly
and safe road development and transportation.
Whether, in the case of existing structures
Attachment B Staff Analysis
The proposed use is generally surrounded office
uses. This will introduce residential to a street that is
historically office; creating a mix of uses on the
street. The applicant has stated all activities will
occur indoors and thus is conditioned to do so. The
residential beds are limited to 14.
No changes proposed to the site as currently
developed.
A landscaping plan is required at time of Site Plan
submission.
No phasing is proposed.
This is a fully developed site. No existing buildings
and structures are to be removed as part of this
proposal.
The applicants Statement of Justification states
there is a need in the Town of Warrenton for a
facility of this kind. The location was chosen due to
its proximately to the detention center, courts, local
12 step meeting locations, hospital, and central
walkable location.
The location is within the CBD, allowing for
walkability to many locations. The applicant does
not anticipate any additional traffic as individuals
within the program will not have vehicles on site.
Family visits are limited to weekends at designated
times. A Condition of Approval states residents will
not store vehicles on site.
The existing structure contains a sidewalk along
John Marshall Street and a parking lot located at the
rear of the building. However, the lack of a Special
Use Permit Plan results in an unconfirmed number
of parking spaces and no indication of planned main
entrance into the facility. The building is located
within 300 of a municipal parking lot. A Condition
of Approval states all pick-ups/drop-offs will occur
in the parking lot at the rear of the building to
prevent stacking on the street.
The applicant is not proposing any exterior
SUP 2017-06, McShin Foundation
Page B-5
 Attachment B Staff Analysis

proposed to be converted to uses requiring a modifications to the building or site. A site plan with
Special Use Permit, the structures meet all code landscaping and lighting will be required. All
requirements of the Town of Warrenton. interior modifications are conditioned to obtain all
building and trade permits, meet Building Code, and
be completed prior to commencing the use at time of
Occupancy Permit.
The site is currently served by public facilities,
Whether the proposed Special Use Permit will
services, and utilities. There is a Condition of
be served adequately by essential public
Approval to increase to a 1 line if required by
facilities, services and utilities.
Public Utilities.
The effect of the proposed Special Use Permit
on environmentally sensitive land or natural The site is fully developed with no proposed
features, wildlife habitat and vegetation, water changes.
quality and air quality.
Whether the proposed Special Use Permit use
will provide desirable employment and enlarge
the tax base by encouraging economic The proposed use is a non-profit foundation.
development activities consistent with the
Comprehensive Plan.
The effect of the proposed Special Use Permit
The proposed use will serve as a 28-day treatment
use in enhancing affordable shelter opportunities
facility serving Town residents and the region.
for residents of the Town, if applicable.
The location, character, and size of any outdoor None proposed at this time, any will be addressed at
storage. site plan.
The proposed use of open space. The applicant has not provided this information.
The location of any major floodplain and steep The site is fully developed with no proposed
slopes. changes.
The location and use of any existing non-
There are no known non-conforming structures.
conforming uses and structures.
The location and type of any fuel and fuel
The applicant is not proposing any fuel storage.
storage.
The location and use of any anticipated
The applicant has not provided this information.
accessory uses and structures.
The building at 30 John Marshall Street and adjacent
parking lot. If subdivided, there is a Condition of
The area of each proposed use.
Approval stating the use is limited to the parent
parcel with the existing structure.
The proposed days/hours of operation. 24/7 with a 9:00 pm curfew.
The location and screening of parking and
No changes to existing site proposed.
loading spaces and/or areas.
The location and nature of any proposed security A lighting plan is conditioned at time of site plan to
features and provisions. ensure the safety of the residents.

SUP 2017-06, McShin Foundation

Page B-6

The number of employees.
The location of any existing and/or proposed
adequate on and off-site infrastructure.
Any anticipated odors which may be generated
by the uses on site.
Refuse and service areas.
Agency Comments
The following agencies have reviewed the proposal and found no outstanding issues.
Planning and Community Development Department
Public Works and Utilities Department
Town of Warrenton Police Department
Attachment B Staff Analysis
Two house/center managers proposed.
The site is located within the Central Business
District that provides municipal parking lots. No
changes proposed to existing infrastructure.
The applicant has stated all activities will occur
inside the structure and is thus conditioned.
Will be identified at Site Plan and is conditioned to
be screened. The time of refuse pick up is also
conditioned between the hours of 7:00 am and 10:00
pm.
SUP 2017-06, McShin Foundation
Page B-7
 Attachment C Special Use Permit Conditions
Dated November 21, 2017

PROPOSED CONDITIONS
Owner/Applicant: Mill Pond Investments, LLC
Applicant: McShin Foundation
Special Use Permit: SUP #2017-06
Address: 30 John Marshall Street
GPIN 6984-33-3611-000 (the Property)
Special Use Permit Area: +/- 0.49 acres
Zoning: Central Business District
Date: November 21, 2017

In approving a Special Use Permit, the Town Council may impose such conditions, safeguards and restrictions as
may be necessary to avoid, minimize or mitigate any potentially adverse or injurious effect of such special uses
upon other properties in the neighborhood, and to carry out the general purpose and intent of this Ordinance. The
Council may require a guarantee or bond to ensure that compliance with the imposed conditions. All required
conditions shall be set out in the documentation approving the Special Use Permit (SUP).

The Applicant shall file a site plan within one (1) year of approval of this Special Use Permit by the Town
Council unless waived and/or exempted under Article 10-2, 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.

1. The use shall be governed by the definition of Emergency Housing as contained within the Zoning
Ordinance.
2. A Certificate of Appropriateness is required for proposed external modifications to the structure.
3. A building and/or trade permit is required for any interior and/or exterior changes to the structure.
4. The building will be supplied with a sprinkler system.
5. The Occupant Load as determined by the Building Official and State Codes will not be exceeded for all
activities, including meetings open to the public.
6. A lighting plan is required at time of Site Plan submission to ensure the security of residents. All lighting
shall be full cut-off, to minimize glare, sky glow, and light trespass.
7. A landscaping plan shall be required to show proof of compliance with the Zoning Ordinance as part of
the Site Plan submission.
8. If required by Public Works/Public Utilities, the meter shall be increased from 5/8 to 1. All associated
required upgrades and fees for service shall be paid prior to Occupancy Permit and commencement of the
use.
9. If the parcel is subdivided, the use and Conditions of Approval will apply exclusively to the current parent
parcel that contains the existing structure. Regardless, the use will be required to meet all Zoning and
Building Code requirements under current and potential future site boundaries.
10. The Occupancy Permit and use shall not commence until all health and safety use modifications are
approved with a Site Plan and completed.
11. The facility will staffed and supervised by employees who maintain all required professional licenses,
meet all State and Health permits and approvals, and a house coordinator must reside on the premises at
all times. Evidence of compliance will be presented to the Town annually.
12. Visitors, pick-ups and drop-off will occur in the parking lot at the rear entrance of the building to prevent
any possible stacking on John Marshall Street.
13. The maximum stay for residents will be 28 days.
14. All programs and activities will occur inside the structure.
15. Residents vehicles will not be stored on site.
16. The maximum number of beds will be 14.
 Attachment C Special Use Permit Conditions
Dated November 21, 2017
17. There is a 9:00 P.M. curfew for residents.
18. Any refuse storage areas shall be screened with a solid enclosure constructed of materials that are
compatible with the building on the property. Refuse pick-up and deliveries shall not occur between the
hours of 10:00 PM and 7:00 AM.