PLANNING COMMISSION PUBLIC HEARING STAFF REPORT. Steve Barney, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning

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1 Date of Hearing: PLANNING COMMISSION PUBLIC HEARING STAFF REPORT SUBJECT: ELECTION DISTRICT: ZRTD , Davis Drive Substation CMPT , Davis Drive Substation SPMI , Davis Drive Substation Broad Run CRITICAL ACTION DATE: July 23, 2017 STAFF CONTACTS: APPLICANT: Steve Barney, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning David Emigh, Virginia Electric and Power Company d/b/a Dominion Virginia Power PURPOSE: The Applicant requests approval of the following: 1) A Zoning Conversion (ZRTD) of 5.3 acres within the Route 28 Taxing District from the Planned Development-Industrial Park (PD- IP) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance; 2) A Commission Permit (CMPT) for a utility substation (electric power distribution) in the PD-IP zoning district; and 3) A Minor Special Exception (SPMI) to modify the landscaping requirements for a utility substation. RECOMMENDATION: Staff supports a Planning Commission recommendation of approval of the proposed Zoning Conversion and Minor Special Exception applications, subject to the Applicant addressing administrative items as outlined in the outstanding issues section of this report, for the following reasons: 1) The Revised General Plan policies support the conversion of properties in the Route 28 Taxing District to the current zoning ordinance; 2) The range of uses permitted and special exception uses in the proposed PD-IP zoning district under the Revised 1993 Zoning Ordinance are compatible with the surrounding existing PD- IP uses; and 3) Modification of the buffer yard requirements of the Ordinance would not create a significant adverse visual impact on adjacent properties. Additionally, Staff recommends Planning Commission approval of the Commission Permit for the following reason: 1) The general location, character, and extent of the proposed Utility Substation, Distribution are in substantial accord with the Comprehensive Plan.

2 Page 2 Consideration of this item was postponed from the September 27, 2016 Planning Commission public hearing agenda due to submission of a landscaping modification request by the Applicant. The applications are ready for Planning Commission action. SUGGESTED MOTIONS: 1. I move that the Planning Commission forward ZRTD , SPMI , Davis Drive Substation, to the Board of Supervisors with a recommendation of approval, subject to the Proffer Statement dated August 30, 2016 and the Conditions of Approval in the October 25, 2016 Staff Report, and based on the Findings for Approval in the Staff Report. OR 2. I move that the Planning Commission forward ZRTD , SPMI , Davis Drive Substation, to a work session for further discussion. OR 3. I move an alternate motion. AND 1. I move that the Planning Commission approve CMPT , Davis Drive Substation based on the Commission Permit plan set entitled Davis Drive Substation prepared by Dewberry & Davis LLC, dated March 14, 2016, revised through September 12, 2016, based on the Findings for Approval in the Staff Report and forward it to the Board of Supervisors for ratification. OR 2. I move that the Planning Commission forward CMPT , Davis Drive Substation, to a work session for further discussion. OR 3. I move an alternate motion.

3 Page 3 Table 1: Application Information APPLICANT REPRESENTATIVE Virginia Electric and Power Company d/b/a McGuireWoods LLP Dominion Virginia Power Greg Riegle, Esq. David Emigh, Project Manager Sheri Akin, Land Use Planner dave.emigh@dom.com sakin@mcguirewoods.com PARCELS/ACREAGE Tax Map Number PIN Number Acreage /81/F22///1D2/ PIN# ACCEPTANCE DATE LOCATION May 24, 2016 East side of Davis Drive (Route 868), south of Sterling Boulevard (Route 846), and west of the Washington & Old Dominion Trail ZONING ORDINANCE EXISTING ZONING 1972 Zoning Ordinance PD-IP (Planned Development Industrial Park) Route 28 Taxing District POLICY AREA PLANNED LAND USE Suburban Policy Area Route 28 Business uses at a recommended FAR between 0.4 and 1.0. CONTEXT: Location/Site Access The subject property is approximately 5.3 acres in size and is located within the TransDulles Centre. The property is accessible from the public roadway network via an existing shared entrance driveway with the adjacent parcel to the north along Davis Drive. Existing Conditions The subject property is an existing pipestem lot. With the exception of a driveway, the property is undeveloped and is forested. Surrounding Properties The subject property is bordered to the north and south by existing office and flex-warehouse uses that are also zoned Planned Development - Industrial Park (PD-IP). The property located to the south is currently occupied by a United Airlines Reservation building that is proposed for demolition for the construction of a 148,560 square foot warehouse building. An existing parking lot separates the subject site from Davis Drive, which is located to the west. The subject property is bordered to the east by a property owned by the Northern Virginia Regional Parks Authority and containing a segment of the W&OD Trail (including a gravel trail for horses and a paved trail for cyclists and pedestrians). The eastern boundary of the property overlaps with an existing power line right-of-way containing 60-foot-tall high- and low-voltage utility poles and 130- foot-tall high-voltage overhead utility transmission towers and lines.

4 Page 4 Figure 1. Vicinity Map Directions - From Leesburg, go northeast on Harrison Street SE toward E Market Street. Turn right on East Market Street, and continue on Harry Byrd Highway (Rte. 7) for 5.3 miles. Take the exit for Sully Road, proceed 3.5 miles, and turn left on S. Sterling Boulevard. Proceed.75 miles and turn right on Davis Drive. Background The parcel is subject to the proffers approved with rezoning ZMAP , TransDulles Centre, and is subject to the conditions associated with SPEX , TransDulles Centre Land Bay 1. A pending site plan (STPL , Davis Drive Dominion Substation) for the proposed substation is currently in review. A prior site plan (STMP , TransDulles Business Center) was approved for the property in 2010 for office, research and development, and warehouse uses; however, the property was not developed in accordance with this site plan. The subject property is located within the Route 28 Taxing District, which generates funds for largescale transportation improvements to Route 28. In accordance with Virginia State Code, property owners in the Route 28 Taxing District are not subject to countywide rezonings, but may opt into the current zoning ordinance by request. As such, this property is currently regulated by the 1972 Zoning Ordinance.

5 Page 5 Staff has received one message from a nearby resident objecting to the proposed substation. This document can be viewed in the file named Correspondence located among the documents for ZRTD on the Loudoun County Loudoun Online Land Applications (LOLA) system, which can be accessed at One member of the public has posted a comment regarding these applications on LOLA. One comment regarding the applications was submitted on the County s LOLA system, and one comment was ed to Staff. The Applicant did not conduct a community meeting for this application. Figure 2. Aerial Photo PROPOSAL: In the plat submitted by the Applicant (the Plat), the Commission Permit is illustrated on Sheet 1, the Zoning Conversion comprises Sheet 2, and Sheet 3 shows the Minor Special Exception request.

6 Page 6 Zoning Conversion The Applicant seeks approval a Route 28 Taxing District zoning conversion to rezone approximately 5.3 acres from the Planned Development-Industrial Park (PD-IP) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance in order to convert the property to the most current zoning ordinance. Commission Permit The Applicant seeks approval of a Commission Permit to allow a utility distribution substation. The Statement of Justification (SOJ) submitted by the Applicant states that the new substation is necessary in this area due to forecasted demand for electrical service in the Sterling area. Per the SOJ, the facility currently serving the area is the Sterling Park Substation, which cannot be expanded to meet future demand, and other substations are too far away to serve as alternatives to the proposed Davis Drive substation. Also per the SOJ, the proposed electrical substation will feature overhead utility transmission poles and backbone structures that are approximately 75 feet in height with connecting lines. The groundmounted transformers will be approximately 29 feet tall and the remainder of the substation equipment will be approximately 20 to 24 feet tall. The substation is located within a compound of approximately 3.2 acres in area. Proposed screening includes a 12-foot solid screen wall (artificial stone composite) with a Type 4 landscape buffer varying in width from 25 feet to 30 feet around the perimeter of the property. Minor Special Exception The Applicant seeks approval of a Minor Special Exception to: 1) reduce Type 4 Buffer planting quantities required for a utility substation, and 2) allow a 12 screen wall (see Figure 3) to replace the required 6 fence and to be located outside defined buffer yards. Figure 3. Example of 12 Screen Wall

7 Page 7 Sheet 3 of the Plat identifies proposed changes to landscaping requirements, as summarized in Table 2 below: Table 2: Proposed Buffer Yard Plantings Buffer Yard A Adjacent Use Flexwarehouse Canopy Trees Buffer Yard Plantings (Required / Provided) Understory Trees Shrubs Evergreen Trees 11/11 29/29 57/0 46/35 Applicant Comments Buffer yard impacted by storm drainage easements. Tree save area shown on Sheet 3 of Plat. B C W&OD Trail Office (current); Flexwarehouse (proposed) 7/0 7/0 33/81 14/17* 12/6 30/15 59/0 47/22 D Parking lot 15/15 11/11 74/0 0/0 Request to substitute shrubs for canopy and understory trees in areas where utility connections preclude tree planting can be approved administratively pursuant to Sec. 516(D). Buffer yard impacted by electric, fiber optic and water easements. Buffer yard impacted by electric, fiber optic and stormwater easements *Figure of 26 evergreens required and provided as shown on plat is incorrect per correspondence from the Applicant. Because the Applicant proposes to use the Tree Save Area to partially satisfy buffer requirements, the Applicant states that only 14 evergreens are required and 17 are proposed to be provided. The Applicant will submit a revised plat indicating the correct figures. To lessen the impact of the reduced plantings, the Applicant has proposed a 12 solid screen wall (exceeding the 6 requirement of Ordinance Section ) surrounding the proposed substation in addition to a tree save area along the northeastern property line intended to provide better shielding of the view from the W&OD trail.

8 Page 8 Figure 4. Minor Special Exception OUTSTANDING ISSUES: Staff has no outstanding issues with the applications. Figure 5. Eastern view of Subject Property and Electric Lines During the referral process, Staff evaluated the potential visual impact of the substation on the W&OD Trail (located immediately to the east of the subject property) as well as nearby residences, as described in the analysis below. Installation of required landscape buffers would partially mitigate this visual impact. Sheet 3 of the Plat shows a Tree Save Area that encompasses a portion of the existing trees on the eastern property line (see Figure 7) in addition to installation of a modified Type 4 buffer yard (30 feet wide). Existing vegetation located to the east of the subject property would also contribute to screening the proposed substation. An intervening strip of trees of approximately 25 feet in width is located on the west side of the elevated portion of the W&OD Trail. A treed area approximately 50 feet in width separates the W&OD Trail from the rear lot line of adjacent residential properties in the Sterling Park subdivision.

9 Page 9 Staff requests that the Applicant address the following administrative changes to the Plat prior to Board of Supervisors review of this application: 1. Sheets 1 and 3. Change all Tree Save Area references to Tree Conservation Area per County policy. 2. Sheet 3, General Note #1: The current language of the note is broad and should be amended to read, Landscape plan above is illustrative and locations of plantings within each buffer yard are subject to change with final engineering. [Emphasis added.] 3. Sheet 3, General Note #3. The note stating that planting quantities may be reduced by 10% subject to final engineering should be deleted. 4. Sheet 3, Buffer tabulations table: Buffer calculations for Buffer Yard B should be adjusted to correct the number of evergreen trees proposed and required, include the total linear feet of buffer yard required, the linear feet of the Tree Conservation Area, and the net linear feet of proposed planting. 5. Sheet 3: Add a note stating Tree Conservation Area is to be evaluated and deemed acceptable by the County Urban Forester prior to the approval of the first site plan for the proposed utility substation. If the existing tree save area is deemed unacceptable, the Applicant will add supplemental plantings to fully meet the intent of the required buffer, subject to approval by the Department of Planning and Zoning. Figure 6. Eastern Boundary of Subject Property POLICY ANALYSIS: Zoning Map Amendment Petition (ZMAP) Criteria for Approval - Section (E) of the Revised 1993 Zoning Ordinance states that if an application is for a reclassification of property to a different zoning district classification on the Zoning Map, the Planning Commission shall give reasonable consideration to six (6) factors or criteria for approval. These criteria for approval are organized below by category, followed by Staff s analysis. Commission Permit (CMPT) Criteria for Approval - Section (A) of the Revised 1993 Zoning Ordinance states that when considering a Commission Permit, The Planning Commission shall review the

10 Page 10 application to determine if the feature for which approval is sought is substantially in accord with the adopted Comprehensive Plan. Section (A) further states, No street or connection to an existing street, park or other public area, public building or public structure, public utility facility or public service corporation facility other than a railroad facility, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character and extent thereof has been submitted to and approved by the Planning Commission as being substantially in accord with the adopted Comprehensive Plan. LAND USE ZO (E)(1) Appropriateness of the proposed uses based on the Comprehensive Plan, trends in growth and development, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies and the encouragement of the most appropriate use of land throughout the locality. Analysis There are no outstanding land use issues. The property is located within the Sterling Community of the Suburban Policy Area and is designated for Route 28 Business uses. The County encourages Route 28 Tax District landowners in the corridor to rezone to appropriate zoning districts in the revised zoning ordinance that are consistent with the County s overall land use vision. As such, the proposed conversion from the 1972 Zoning Ordinance to the newly amended Revised 1993 Zoning Ordinance is supported by Revised General Plan (Plan) policies. The general location of the proposed utility substation is in substantial accord with the land use policies of the Plan. The location of the proposed electrical substation in the Route 28 Business area is supported by the policies of the County s Comprehensive Plan. The proposed electric substation will support future business and economic development activity by providing required ancillary services to office and data center uses in the vicinity of the subject property. The proposed electrical substation is also in conformance with land use and energy policies of the Plan which support the timely delivery of electrical service to homes and businesses. COMPATIBILITY ZO (E)(2) The existing character and use of the subject property and suitability for various uses, compatibility with uses permitted and existing on other property in the immediate vicinity, and conservation of land values. Analysis Staff continues to have reservations about the potential visual impact of the proposed utility substation on nearby residences and the W&OD Trail. However, Staff has worked with the Applicant to improve the compatibility of this facility. The Applicant has responded to Staff concerns by providing a landscaping plan and showing a Tree Save Area on the Plat. The Plan identifies electrical service as an essential component of daily life and supports the timely delivery of electrical service to businesses and households as development occurs. The County seeks to meet the needs of industry while minimizing negative visual and environmental impacts on the community. As noted above, the heights of the proposed elements of the substation (per the Applicant) are as follows:

11 Page 11 Overhead utility transmission poles and backbone structures with connecting lines approximately 75 feet Ground-mounted transformers - approximately 29 feet Remainder of substation equipment - approximately 20 to 24 feet It is anticipated that upper portions of the proposed electrical substation, specifically the higher portions of the approximately 75-foot tall utility poles, lines, and backbone structures, would be visible above the existing tree cover. A Type 4 buffer yard (minimum 25 feet in width) will be required on all sides of the property. In the rear of the property, adjacent to the W&OD Trail, the Applicant proposes to increase the buffer width to 30 feet. The Applicant has proposed modifications to the required plantings in the buffer yards as outlined in Table 2 and described in more detail in the Zoning Analysis section of this report. Staff finds that the proposed electrical substation will have a visual impact on the surrounding area. However, the potential visual impact is likely to be less obtrusive in the context of the existing 130- foot high-voltage overhead utility transmission towers and lines. The visual impact on the W&OD Trail and nearby residences would also be lessened as a result of a change in grade (approximately eight to 16 feet) from the subject property to nearby residences and the elevated portion of the W&OD Trail. Figure 7. Minor Special Exception, Northeastern Lot Line, Annotated

12 Page 12 Existing vegetation within a Tree Save Area shown on Sheet 3 would contribute to screening the proposed substation. Additionally, a modified 30-foot Type 4 Buffer Yard at the rear of the property is proposed, which exceeds the required width of 25 feet. Per the Applicant, a portion of the rear buffer yard is within an area that must be maintained at a maximum height of approximately 15 feet due to federally mandated safety requirements for vegetation beneath overhead electrical lines (see the hatched area identified as Max Plant Height Area in Figure 7). Some of the evergreen plantings are proposed to be located outside of this area and would be allowed to attain full height, although Staff notes that any new plantings would be significantly shorter than the existing, mature trees on the property that would be removed. With the exception of the W&OD Trail and nearby residences, Staff finds that the proposed electric substation is in keeping with the character and extent of other surrounding uses, specifically the adjoining 130-foot high-voltage overhead utility transmission towers and lines, as well as the industrial character of the surrounding office and flex uses. Impacts to views from the W&OD Trail and nearby residences would be lessened as a result of the Tree Save Area and modified Type 4 Buffer along the northeastern property line in addition to topography and existing vegetation on adjacent properties. As such, Staff finds that the general character and extent of the proposed electrical substation are in substantial accord with the compatibility policies of the Plan. The Commission Permit plat indicates that the development will meet the noise requirements of Section and the lighting requirements of Section The Northern Virginia Regional Parks Authority provided referral comments regarding the proposed substation and had no objection to the approval of a Commission Permit. Regarding the Route 28 zoning conversion application (ZRTD), Staff finds that the range of uses allowed in the proposed PD-IP zoning district is compatible with uses in the vicinity. ENVIRONMENTAL AND HERITAGE RESOURCES ZO (E)(5) Potential impacts on the environment or natural features including but not limited to wildlife habitat, wetlands, vegetation, water quality (including groundwater), topographic features, air quality, scenic, archaeological, and historic features, and agricultural and forestal lands and any proposed mitigation of those impacts. Analysis There are no outstanding environmental, archaeological, or historical resource issues. The majority of the subject parcel is forested, and development of the substation would require the removal of the majority of the existing trees within the approximately 3.2 acre compound area. The Applicant will be required to meet Zoning Ordinance and Facilities Standards Manual requirements that would protect environmental resources upon any future development of the site. The general location, character, and extent of the proposed electrical substation are in substantial accord with the environmental and heritage resource policies of the Plan. TRANSPORTATION ZO (E)(3) Adequacy of sewer and water, transportation, and other infrastructure to serve the uses that would be permitted on the property if it were reclassified to a different zoning district [emphasis added].

13 Page 13 Analysis Staff has identified no outstanding transportation issues. The Department of Transportation and Capital Infrastructure (DTCI) evaluated the ZRTD application under potential permitted (by-right office) conditions per the Revised 1993 Zoning Ordinance. DTCI analysis indicates that the potential increase in trip generation from the site could be accommodated by the road network currently in place adjacent to the site. DTCI found the projected impact to the public roadway network to be minimal. The general location, character, and extent of the proposed utility substation are in substantial accord with the transportation policies of the 2010 Countywide Transportation Plan (2010 CTP). No traffic study is required for a Commission Permit application. The proposed utility substation does not conflict with any existing or planned CTP roadways. The proposed use will not generate the need for transportation improvements. FISCAL OR CAPITAL FACILITIES IMPACTS ZO (E)(4) The requirements for airports, housing, schools, parks, playgrounds, recreational areas and other public services. Analysis There are no outstanding fiscal or capital facility impact issues. Because the proposed PD-IP zoning district under the Revised 1993 Zoning Ordinance allows for a broader range of uses and an increased floor-area ratio (FAR) allowance than the PD-IP zoning district under the 1972 Zoning Ordinance, the rezoning is anticipated to create the opportunity for more economically viable uses on the subject property, which would likely generate employment opportunities and increase the tax base. PUBLIC UTILITIES/PUBLIC SAFETY ZO (E)(3) Adequacy of sewer and water, transportation, and other infrastructure to serve the uses that would be permitted on the property if it were reclassified to a different zoning district. (6) The protection of life and property from impounding structure failures. [emphasis added]. Analysis There are no outstanding public utility / public safety issues. A note on the plat states that the facility will be unmanned and will not require public water and sewer. If needed, Loudoun Water sewer and water services are available at the site. ZONING ANALYSIS There are no outstanding zoning issues. The application is in general compliance with the requirements of the Revised 1993 Zoning Ordinance for the PD-IP zoning district. A Utility Substation, Distribution is a permitted use in this district. The use is subject to the performance standards of Section 5-616, which requires that the substation be located on a lot one acre in size or greater, that the substation receive Commission approval, and that the substation have a minimum Type 4 Buffer Yard. The proposed substation meets these criteria as the subject property is 5.3 acres in size, this application is for Commission approval, and Sheets 1 and 3 of the Plat show that a minimum Type 4 Buffer (with plantings modified as described in Table 2) will be provided around the site. The Ordinance and the Conditions of Approval of SPEX establish buffer requirements for the proposed substation, as detailed in Table 3 (below).

14 Page 14 Table 3. Buffer Yard Requirements Source Revised 1993 Zoning Ordinance (Section 5-616) SPEX , TransDulles Centre Land Bay 1 Minimum Type 4 buffer yard. Buffer Requirement Width: 20 to 30 feet (front), 25 to 30 feet (side/rear). In areas where required utility connections preclude installation of the required canopy and understory trees of the Type 4 Buffer Yard, such trees may be replaced with shrubs, at a rate double to that of the required canopy and understory trees. 30-foot landscape buffer adjacent to the W&OD Trail. The buffer is to include an undulating berm at least four feet in height with landscape plantings equivalent to a Type 4 buffer yard. Approval of the application would allow development of all principal and accessory uses permitted in the PD-IP Zoning District under the Revised 1993 Zoning Ordinance. A note on the plat states that, The application will not be subject to future amendments of the PD-IP Zoning Ordinance. ZONING MODIFICATIONS: Criteria for Approval - Section of the Revised 1993 Zoning Ordinance states that the Board of Supervisors may modify the additional regulations for specific uses contained in Section by Minor Special Exception upon a finding that such modification will achieve an innovative design, improve upon the existing regulations, preserve the County s historic or archeological heritage, or otherwise exceed the public purpose of the existing regulation. The Applicant is requesting the following modifications of the Revised 1993 Zoning Ordinance: Zoning Ordinance Section 5-616(D), Utility Substations Table 4. Requested Modifications. Requested Modification and Applicant Justification Reduce the required plantings in a Type 4 Buffer Yard. Allow a 12 screen wall to replace the required 6 fence and to be located outside defined buffer yards. (See Table 2, above) The Applicant s justification for the modification, per the SOJ, is: 1) portions of the vegetation within the buffer yard must be restricted in height due to its location beneath Dominion s transmission lines; 2) a 10 cleared area along the perimeter of the proposed wall is required in order to provide adequate space for security assessment and response; 3) utilities run along certain areas of the buffer area over which plantings cannot be installed; and 4) in certain areas of the buffer yard, vaults and bio-retention facilities must be installed. Staff Analysis

15 Page 15 Table 4. Requested Modifications. Staff could support the Board s approval of the modification request (SPMI ). Staff finds that the Applicant s proposal would improve on existing regulations by increasing the height of the solid screen wall to 12 feet (from the minimum required height of 6 feet) in order to shield views of substation equipment, as well as by providing a tree save area along the northeastern property line to partially screen the property from the W&OD trail. Also, the 30 width of the rear buffer yard exceeds the 25-foot minimum required width of a Type 4 buffer yard. Locating the wall outside of the buffer yards would not negatively impact screening because no significant features of the substation (such as transformers) are shown on the plat as proposed to be located outside of the wall. The three buffer yards proposed for modification are adjacent to flex-warehouse uses and parking. The requested modification is not anticipated to significant impact views of the proposed substation from nearby residential or recreational uses. FINDINGS FOR APPROVAL - ZRTD The conversion of the subject property to the Revised 1993 Zoning Ordinance is supported by the policies of the Revised General Plan. 2. The range of permitted and special exception uses in the proposed PD-IP zoning district under the Revised 1993 Zoning Ordinance are compatible with the surrounding existing PD-IP uses. 3. Adequate utility, water and sewer, and other public facilities exist to serve the range of PD-IP uses permitted under the Revised 1993 Zoning Ordinance. FINDINGS FOR APPROVAL - CMPT The general location, character, and extent of the proposed expansion of the proposed Utility Substation, Distribution are in substantial accord with the Comprehensive Plan, specifically, the land use and energy policies of the Revised General Plan. 2. The general location, character, and extent of the proposed Utility Substation, Distribution are in substantial accord with the Countywide Transportation Plan and the Bicycle & Pedestrian Mobility Master Plan, as the proposed development does not conflict with any existing or planned CTP roadways, will add minimal trips to the public roadway network and will not generate the need for transportation improvements. 3. The proposed Utility Substation, Distribution is in general compliance with the PD-IP (Planned Development Industrial Park) regulations of the Revised 1993 Zoning Ordinance. The layout shown on the CMPT Plat demonstrates that the proposed uses can comply with the Additional Regulations for Utility Substations set forth in Section of the Ordinance. FINDINGS FOR APPROVAL - SPMI Modification of the buffer yard requirements of Section 5-616(D) of the Ordinance to reduce the required plantings in a Type 4 Buffer Yard would not create an adverse visual impact on adjacent properties.

16 Page 16 CONDITIONS OF APPROVAL - SPMI Substantial Conformance. This Minor Special Exception grants approval of the modification of the Additional Regulations of Section 5-616(D) of the Revised 1993 Zoning Ordinance with regard to the buffer yard requirements for a Utility Substation, Distribution (the SPMI Use ). All development pursuant to the said Minor Special Exception modification shall be in substantial conformance with Sheet 3 of 3 of the plat entitled Davis Drive Substation Zoning Conversion and Commission Permit Plat ZRTD CMPT SPMI , dated March 14, 2016, and revised through September 12, 2016, prepared by Dewberry & Davis LLC (the SPMI Plat ) incorporated herein by reference, and the Revised 1993 Zoning Ordinance (the Zoning Ordinance ). Approval of this application for the parcel identified as Tax Map Number /81/F22///1D2/ (PIN# ) as delineated on Sheet 3 of the SPMI Plat (the Property ), shall not relieve the Applicant or the owners of the Property, their successors, or parties developing, establishing, or operating the approved SPMI Use (together, the Owner ), from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or regulatory requirement. 2. Buffering and Screening Modification. Pursuant to Section of the Zoning Ordinance, this Minor Special Exception grants approval of the following modification to the Buffering and Screening requirements of Section 5-616(D), as shown on Sheet 3 of the SPMI Plat: Zoning Ordinance Section 5-616(D), Utility Substations. Modification Description Reduce and modify the required minimum plantings for a Type Four (4) Buffer Yard along all buffer yards of the Property. 3. Buffering and Screening. Buffering and screening shall be provided as shown on Sheet 3 of the SPMI Plat. All buffering and screening, to include any existing vegetation approved by the Zoning Administrator for use as required plantings, shall be depicted on the first site plan submitted for any development pursuant to the SPMI Use. Such buffering and screening shall be bonded for installation prior to or in conjunction with the approval of the first site plan and shall be installed prior to the issuance of the first Occupancy Permit for any development pursuant to the SPMI Use. The Applicant shall maintain all buffering and screening in good condition and the Applicant shall replace any dead or diseased materials with reasonable promptness, taking into account seasonal weather limitations. 4. Tree Conservation Area. Tree Conservation Areas. Within the areas identified on the Concept Development Plan (CDP) as Tree Conservation Areas, the Owner shall preserve healthy trees provided, however, that trees may be removed to the extent necessary for the construction of trails and Stormwater Management Facilities that are required pursuant to proffers or Conditions of Approval and/or shown on the approved construction plans and profiles as lying within such Tree Conservation Areas and for the construction of utilities necessary for development of the Property. Notwithstanding the previous sentence, a minimum of eighty (80) percent of the canopy within the cumulative Tree Conservation Area

17 Page 17 depicted on the CDP will be preserved, exclusive of stands of Virginia Pine over 25 years in age. In the event that the eighty (80) percent canopy threshold cannot be achieved within the designated Tree Conservation Areas, such lost canopy will be recaptured elsewhere onsite in locations to be designated at the discretion of the Owner in consultation with the County. Boundaries of all Tree Conservation Areas shall be delineated on the first site plan for the SPMI Use. If, during construction on the Property, it is determined by the Owner s certified arborist and/or the County that any healthy tree located within the boundaries of any of the Tree Conservation Areas described in this condition has been damaged during construction and will not survive, then, prior to bond release, the Owner shall remove each such tree and replace each such tree with two (2) 3 inch caliper native, non-invasive deciduous trees. The placement of the replacement trees shall be proximate to the area of each such damaged tree so removed, or in another area as requested by the County. The Tree Conservation Area shall be protected by a Tree Conservation Easement granted to the County and recorded prior to approval of the first site plan for the SPMI Use. A Deed of Easement, running to the benefit of the County, shall be recorded prior to or concurrent with each record plat, or prior to the approval of each site plan, for the Property containing any portion of the Tree Conservation Area. Such deed shall include a provision that prohibits removal of trees in Tree Conservation Areas as shown on the record plat or site plan after construction has been completed by the Owner without specific permission of the County Urban Forester except as necessary to accommodate Forest Management Techniques, performed by or recommended by a professional forester or certified arborist, that are necessary to protect or enhance the viability of the canopy. Such Management Techniques may include, without limitation, pruning and the removal of vines, invasive species, trees uprooted or damaged by extreme weather conditions, and trees or limbs that are diseased, insect-infested, dead, or are considered a hazard to life or property. The record plat or site plan for each portion of the Property containing a Tree Conservation Area shall contain a note stating that the removal of trees within a Tree Conservation Area is prohibited except in accordance with the Deed of Easement for the Tree Conservation Area. ATTACHMENTS 1. Review Agency Comments 2. Applicant s Statement of Justification 3. Applicant s Response to Referral Comments 4. Applicant s Proffer Statement ( ) 5. Concept Development Plan ( ) *This Staff Report with attachments (file name PCPH STAFF REPORT PDF) can be viewed online on the Loudoun Online Land Applications System (LOLA) at Paper copies are also available in the Department of Planning.