september 2, 2015 # i-1...size, is zoned pd-cc-nc (planned development-commercial...

Date of Meeting: September 2, 2015

# I-1 BOARD OF SUPERVISORS

BUSINESS MEETING

INFORMATION ITEM

SUBJECT: Briefing Item: Land Development Applications

September 9, 2015 Public Hearing

ELECTION DISTRICT: Countywide

STAFF CONTACTS: John Merrithew, Assistant Director, Planning and Zoning

Ricky Barker, Director, Planning and Zoning

PURPOSE: The purpose of this item is to solicit any additional comments or questions so staff

may prepare a response for the Public Hearing.

BACKGROUND: The Board of Supervisors’ (Board) September 9, 2015 Public Hearing

agenda includes seven (7) land development applications, Five (5) cases were heard by the

Planning Commission (Commission), and the Commission is recommending approval of all five

(5) applications. There are policy issues with the Whitman South application to rezone TR-1 and

TR-3 property to PD-CC-CC (Planned Development-Commercial Center-Community Center)

and develop a retail center at Braddock Road and Rt. 659 in the Transition Policy area. There

are also policy issues with the Brambleton Business Campus proposal to rezone PD-GI (Planned

Development-General Industry) land to PD-IP (Planned Development-Industrial Park) because

of the loss of heavy industrial land.

Of the remaining cases, two are coming directly to the Board without Commission review. Both

cases, a special exception (SPEX) under the 1972 Zoning Ordinance to allow a data center in

Sterling, and a minor special exception (SPMI) to amend a sign plan in Belmont Executive

Center are supported by staff.

Refer to Attachment 1 for additional description of each application. Attachment 2 outlines cases

projected for the October and November Public Hearings.

ATTACHMENTS:

1. September 9, 2015 Public Hearing Agenda

2. Projected Public Hearing Items – October 2015 and November 2015

PUBLIC HEARING LOUDOUN COUNTY BOARD OF SUPERVISORS

WEDNESDAY, SEPTEMBER 9, 2015.

1. APPL 2015-0008, MORLEY CORNER PROFFERS Election District: Ashburn

Project Manager: Amy Kresge, Department of Planning & Zoning

Ricky Barker, Director

Morley Corner Partners, LLC, of McLean, Virginia, is appealing the Zoning Administrator’s May

15, 2015, proffer determination which found that pursuant to Proffers V.D. and V.E. of ZMAP

2009-0006, Morley Corner Temple Baptist Church, a cash-in-lieu of construction payment for the

traffic signal at the intersection of Ashburn Village Boulevard and Red Rum Drive/Romans Drive is

required if such signal is constructed by others. The subject property is approximately 1.74 acres in

size, is zoned PD-CC-NC (Planned Development-Commercial Center-Neighborhood Center), and

is located within the northwest quadrant of the intersection of Ashburn Village Boulevard, Red

Rum Drive, and Romans Drive, at 21684 Romans Drive.

2. COUNTY OF LOUDOUN, VIRGINIA, PROPOSED CAPITAL NEEDS

ASSESSMENT, FY 2021 – FY 2030 Election District: Countywide

Project Manager: Dan Csizmar, Department of Transportation and Capital Infrastructure

Joe Kroboth, Director

The Board of Supervisors, in accordance with the Loudoun County General Plan (Revised General

Plan), will review and consider the capital projects contained within the FY 2021- FY 2030

Proposed Capital Needs Assessment (CNA). The CNA is a planning document that projects the

probable inventory of capital projects within the County of Loudoun for the designated ten year

period based upon the County’s population growth forecasts and adopted Capital Facility Standards

(CFS). This document is prepared and published for information and planning purposes only.

Inclusion of any item(s) in the proposed CNA does not constitute any obligation or commitment on

the part of the County to appropriate funds for that item or purpose. There is no allocation or

designation of funds by the County for any purpose until there has been an appropriation for that

purpose by the Board of Supervisors.

3. AMENDMENTS TO CHAPTER 1066 OF THE CODIFIED ORDINANCES

OF LOUDOUN COUNTY, Private Sewage Disposal Systems Election District: Countywide

Project Manager: Jerry Franklin, Department of Health

Dr. David Goodfriend, Director

The Board of Supervisors intends to propose amendments to Section 1066.07, Private Sewage

Disposal Systems, Responsibility of Owner of System, of the Codified Ordinances of Loudoun

County. The proposed amendments include, without limitation, the following:

Revise existing requirements to clarify that the certified documentation that an owner of an

Alternative Onsite Sewage System may submit in lieu of performing a maintenance pump-out at

least once every 5 years shall be valid for one (1) year, and that the owner shall be required to

Attachment 1 A-1

Red titles denote cases that do not require Planning Commission review.

either submit new certified documentation every one (1) year thereafter or perform a

maintenance pump-out.

Establish a new process that permits owners of conventional onsite systems to submit certain

certified documentation in lieu of performing a maintenance pump-out at least once every 5

years. Such certified documentation shall be valid for two (2) years, and the owner shall be

required to either submit new certified documentation every two (2) years thereafter or perform

a maintenance pump-out.

Authorize the Health Director to develop procedures for granting waivers to the requirements of

this Section.

4. SPMI-2015-0007, BELMONT EXECUTIVE CENTER SIGN

DEVELOPMENT PLAN AMENDMENT* Election District: Ashburn

Project Manager: Kelly Duty, Department of Planning & Zoning

Ricky Barker,

Director

Belmont Chase, LLC, of Vienna, Virginia,

has submitted an application to revise the

approved Comprehensive Sign Package,

ZMOD-2008-0017, Belmont Executive

Center Comprehensive Sign Plan, in order

to revise the maximum number, location,

maximum area, and maximum height of

signs. This application is subject to the

Revised 1993 Zoning Ordinance, which

allows certain minor revisions to approved

Sign Packages by Minor Special Exception.

The property is 17.72 acres in size, and is

located between Route 7, and Russell

Branch Parkway, on the west side of

Claiborne Parkway.

Staff generally supports the proposal but is working with the applicant to reduce the number of

project and entrance signs around the perimeter of the site. The current sign plan is approved for

five such signs and the applicant is proposing to add a sixth. The site is clearly visible from all

roads and the architecture is distinct and the number of signs seems unnecessary.

5. ZRTD-2015-0003, ASHBURN NORTH EQUINIX Election District: Broad Run

Project Manager: Jackie Harlow, Department of Planning & Zoning


Equinix RP II, LLC, of Redwood City, California, has submitted an application to rezone

approximately 44.43 acres from the PD-IP zoning district under the Revised 1993 Zoning

Ordinance to PD-IP under the Revised 1993 Zoning Ordinance. The property is located within the

A-2


Route 28 Taxing District. The subject

property is located on the west side of

Loudoun County Parkway, between the

W&OD Trail and Gloucester Parkway.

The Revised General Plan (Suburban

Policy Area (Ashburn Community) and

Route 28 Corridor Plan) designate this

area for Route 28 Business.

At their July 7, 2015 public hearing, the

Planning Commission voted 8-0-1

(Syska Absent) to forward the rezoning

application to the Board of Supervisors

with a recommendation of approval.

There were no public comments and

staff supports the proposal.

6. ZRTD-2013-0007, SPEX-2013-0020, SPMI-2014-0016, ZMOD-2015-0007,

SPEX-2013-0023 & CMPT-2013-0008, CASCADES BUSINESS CENTER

DAY CARE, CASCADES BUSINESS CENTER TELECOMMUNICATION Election District: Sterling

Project Manager: Evan Harlow,

Department of Planning & Zoning

Ricky Barker,

Director

Cascades Business Center, LLC, of Great

Falls, Virginia, has submitted applications

1) To rezone 2.25 acres from the PD-IP

zoning district under the 1972 Zoning

Ordinance to PD-IP under the Revised

1993 Zoning Ordinance; 2) A Special

Exception and Commission Permit to add

400 square feet to an existing 2,400

square foot base compound of an existing

telecommunications monopole; 3) A

Special Exception to eliminate previously

required buffering and screening along the western and southern perimeters of the

telecommunications monopole; and 4) A Special Exception to permit a child care center with

modifications to the parking setback and buffers, to reduce the required outdoor play area to 5,000

square feet and to the total number of parking spaces. The property is located within the Route 28

Taxing District between Maries Road and Woodland Road on the west side of Cascades Parkway.

The Revised General Plan (Suburban Policy Area (Sterling Community) and Route 28 Corridor

Plan designate this area for Route 28 Business.

The Commission heard this case on June 17 and voted 9-0 to recommend approval. There was no

public comment and the Commission raised no issues. Staff concurs with the recommendation.

A-3


7. SPEX-2015-0027, DOWNS PARK* Election District: Broad Run

Project Manager: Tyler Klein, Department of Planning & Zoning


Seefried Properties of Atlanta, Georgia,

has submitted an application for a Special

Exception to permit up to 300,000 square

feet of commercial office use (data

center) in the PD-IP zoning district under

the 1972 Zoning Ordinance and the

Planning Commission does not review

such cases. The property is located within

the Route 28 Taxing District and

encompasses 5 adjacent parcels that total

approximately 22 acres, located on the

west side of Relocation Drive between

Old Ox Road and Moran Road. The

Revised General Plan designates this area

for light industrial and flex uses.

Staff supports the proposed data center

use, which is in conformance with Revised General Plan land use policies. Issues outlined in the

staff report have been addressed with conditions of approval.

8. SPEX-2014-0019 & CMPT-2014-0005, VERIZON WIRELESS CONKLIN

GRID Election District: Dulles

Project Manager: Kate McConnell, Department of Planning & Zoning


Cellco Partnership (d/b/a Verizon Wireless) of

Annapolis Junction, Maryland, has submitted

applications for a Special Exception and

Commission Permit to modify the conditions of

approval and special exception plat associated

with SPEX-1993-0002 and CMPT-1993-0001,

Cellular One Conklin Grid Site, to permit a 10-

foot extension to the existing 150-foot

monopole and a 1,960 square foot expansion of

the base compound. The site is a 4.6 acre tract

in the TR-3LF (Transitional Residential–3)

zoning district on the east side of Gum Spring

Road and south of Braddock Road. The policies

of the Revised General Plan and the Strategic

Land Use Plan for Telecommunications

Facilities, support the proposal.

A-4


The contract purchaser of the property spoke at the June 17 Commission hearing supporting the

application. The Commission voted 8-0-1 (Syska absent)to approve the CMPT and recommend

approval of the SPEX.

9. ZMAP-2014-0008, SPEX-2014-0013 & SPEX-2014-0014, WHITMAN

PROPERTY-SOUTH Election District: Dulles

Project Manager: Tyler Klein, Department of Planning & Zoning


Van Metre Communities, LLC, of Fairfax,

Virginia has submitted applications 1) To rezone

approximately 8.87 acres from TR-1LF and TR-

3LF to PD-CC-CC to develop a 35,010 square

foot retail center including a convenience store

with gas pumps; 2) A Special Exception to

permit gas pumps accessory to a convenience

food store; and 3) A Special Exception to permit

a child care center in the TR-3LF zoning district.

The property is 59.41 acres in size and located

on the east side of Gum Spring Road and on the

south sides of Braddock Road. The Revised

General Plan (Transition Policy Area)

designates this for residential uses and small

scale non-residential uses.

A resident of the Seven Hills subdivision

immediately west of the subject site objected to the applications stating the suburban retail was not

appropriate or compatible in the area. Staff objects to the case noting the strip commercial design

of the project is undesirable and along with similar applications could raise issues of traffic safety

and compatibility with neighbors. The Commission addressed a number of issues related to

transportation and buffering and voted 7-0-2 (Ryan, Syska absent) to forward the applications to the

Board of Supervisors with a recommendation of approval.

10. ZMAP-2012-0017 & SPEX-2013-0007, BRAMBLETON BUSINESS

CAMPUS Election District: Blue Ridge

Project Manager: Kate McConnell, Department of Planning & Zoning


Brambleton Group, L.L.C., has submitted applications: 1) To rezone 54.39 acres from the PD-GI

(Planned Development–General Industry) zoning district to PD-IP (Planned Development–

Industrial Park) to develop Office, Educational Institution, and/or other principal and accessory uses

permitted in the PD-IP district; and 2) A Special Exception to permit Office uses that do not meet

the criteria contained in Section 4-503(G). The Applicant also requests Zoning Ordinance

modifications to reduce yards and setbacks:

A-5


The subject property is located on both sides of Arcola Road between Trade West Drive and

Loudoun County Parkway. The Revised General Plan designates this area for Industrial uses.

The Commission heard this case at the

June 16, 2015 Public Hearing and

discussed it further at a June 7, 2015

Work Session. The Planning

Commission discussed airport noise,

transportation and the loss of industrial

land. The Commission voted (6-2-1,

Salmon, Syska opposed; Klancher

absent) to recommend approval and to

recommend that the applicant include a

proffer commitment for interior airport

noise mitigation should an Educational

Institution be established on the

property.

Staff cannot support the proposal

because it does not comply with land use policy. The current zoning district, PD-GI, is one of few

districts that permits heavy industrial uses. The Department of Economic Development (DED) also

does not support the proposed rezoning as it would result in the loss of a large parcel currently

zoned for heavy industrial uses. However, should the Board wish to proceed with the case,

conditions of approval and proffers addressing site development have been agreed to by all parties

and are readfy for Board consideration.

A-6

Projected Public Hearing Agendas

October - November, 2015

Planner Name District Number Accepted PC PH Date BOS PH Date Brief Description

KLEIN TYLERVERIZON WIRELESS - ASHBURN CORP

CENTERBRDRUN

CMPT-2015-0003

SPEX-2015-00084/17/2015 9/15/2015 10/14/2015

A Special Exception and Commission permit to allow rooftop

antennas on an existing building in the PD-IP Zoning District.

CARTER JOSEPHLOUDOUN COUNTY GOVERNMENT

SUPPORT CENTERCATOCT

CMPT-2013-0007

SPEX-2013-00058/26/2013 9/15/2015 10/14/2015

A Commission Permit and Special Exception to allow uses at the

Loudoun County Support Center Master Plan.

SCHNEIDER MARCHANTROCK HILL RESTAURANT BRDRUNSPEX-2014-0023

SPEX-2014-00242/2/2015 10/14/2015

A special exception to supercede the already approved special

exception to add an additional 500 sf to the existing restaurant in

the C-1 zoning district. A special exception for a dance hall.

KLEIN TYLERCATHERINES REST INVISIBLETOWERS

MONOPOLEBLURDG

CMPT-2015-0007

SPEX-2015-0020

SPEX-2015-0021

5/26/2015 9/15/2015 10/14/2015Allow a 185' monopole in the AR-1 zoning district and the MDOD

district

HARLOW EVANBRAMBLETON-42784 HERMITAGE CT-

FUJIWARABLURDG ZCPA-2015-0006 5/5/2015 10/20/2015 11/11/2015

An amendment to the approved Zoning Concept Plan and

proffers of ZMAP-1993-0005 and ZCPA-1993-0007 to allow

encroachment in the proffered setback.

HARLOW JACKIE DULLES 28 CENTRE BRDRUNZMAP-2015-0005

ZCPA-2013-00026/18/2013 9/15/2015 11/11/2015

Rezone approximately 1 acre from PD-IP ('72) to PD-CC(RC). A

ZCPA to modify the proffers relating to the timing of office

development and stormwater management.

KLEIN TYLER ASHBURN FARM SECTION 1 DECKS ASHBUR ZMOD-2015-0009 6/12/2015 10/20/2015 11/11/2015MODIFICATION TO ALLOW DECK/PORCH ENCROACHMENT IN THE

REAR YARD SETBACK

BIRKITT JUDIGUM SPRING VILLAGE CENTER

RESTAURANTDULLES SPEX-2015-0032 7/20/2015 10/20/2015 12/9/2015

A special exception to amend SPEX 2003-0033 to allow adding an

option to develop a 5,000 sf fast food restaurant with drive

through in place of the bank.

HARLOW EVAN POLAND HILL DULLESZMAP-2014-0003

SPEX-2014-00065/15/2014 10/20/2015 12/9/2015

Rezone 49 acres from R-1 to PD-H4, administered as R-8 ADU

and R-16 ADU to develop 219 single family detached, single

family attached, and multi-family units, a portion of which will be

age restricted. A special exception to build a 70,000 square foot

continuing care facility.

HARLOW EVAN WOODLAND ROAD INDUSTRIAL PARK STRLNG ZRTD-2014-0004 7/9/2015 11/17/2015 12/9/2015

A zoning map amendment to rezone lots 1B and 2 of Woodland

Road Industrial Park from PDGI under the 1972 Zoning Ordinance

to PDGI under the Revised 1993 Zoning Ordinance.

HARLOW JACKIE VINE AND BRANCHES CHURCH BLURDGSPEX-2015-0025

SPEX-2015-00266/18/2015 10/20/2015 12/9/2015

Special Exceptions to allow a church with more than 300 seats

and a child care center in the TR-3LF zoning district.

KLEIN TYLERSILVER LINE PARKING STRUCTURE

MOOREFIELDBRDRUN SPEX-2015-0024 6/3/2015 10/20/2015 12/9/2015

A special exception to allow parking structure in the PD-TRC

zoning district.

SCHNEIDER MARCHANTBRAMBLETON SHREVEPORT SOUTH BLURDG ZMAP-2012-0014 6/17/2013 10/20/2015 12/9/2015A rezoning application to rezone approximately 214.2 acres from

PD-IP and PD-GI to PDH-4 and PD-GI and CR1 to PD-IP.

09-02-15 Public Hearing Briefing Item Att 2.xlsx

Attachment 2 A-7

september 2, 2015 # i-1...size, is zoned pd-cc-nc (planned development-commercial...

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