PLANNING COMMISSION PUBLIC HEARING STAFF REPORT ZRTD FAIRFAX MARBLE & GRANITE

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1 Date of Hearing: PLANNING COMMISSION PUBLIC HEARING STAFF REPORT SUBJECT: ELECTION DISTRICT: ZRTD FAIRFAX MARBLE & GRANITE Broad Run CRITICAL ACTION DATE: September 27, 2017 STAFF CONTACTS: APPLICANT: Jacqueline Marsh, AICP, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning Fazli Celik, Dulles Summit, LLC PURPOSE: The purpose of this application is to consider a zoning conversion of 2.43 acres within the Route 28 Taxing District from PD-GI (Planned Development General Industry) under the 1972 Zoning Ordinance to PD-GI under the Revised 1993 Zoning Ordinance. RECOMMENDATION: Staff does not support the Planning Commission s recommendation of approval for the following reason: 1. The Applicant has not reserved the necessary right of way (ROW) along the property s frontage along Old Ox Road as requested by staff in order for the application to be in conformance with the Countywide Transportation Plan (2010 CTP). This could also have fiscal impacts to the County.

2 APPLICATION INFORMATION: APPLICANT Dulles Summit LLC Fazli Celik, Manager ZRTD , Fairfax Marble & Granite Page 2 REPRESENTATIVE Walsh, Colucci Lubeley & Walsh, PC Kimberlee Welsh Hise, AICP khise@thelandlawyers.com PARCELS/ACREAGE Tax Map Number PIN Number Acreage /94//36/////2/ # acres ACCEPTANCE DATE September 27, 2016 ZONING ORDINANCE 1972 Zoning Ordinance POLICY AREA Suburban Policy Area (Sterling Community) LOCATION Northeast quadrant of the intersection of Dulles Summit Court (Route 1029) and Old Ox Road (Route 606) at Old Ox Road EXISTING ZONING PD-GI (Planned Development General Industry) AI (Airport Impact) Overlay District, LDN60 1-mile buffer Route 28 Taxing District PLANNED LAND USE Route 28 Industrial uses at an FAR between 0.2 and 0.4. CONTEXT: Location/Site Access. The site is located in the northeast quadrant of the intersection of Dulles Summit Court (Route 1029) and Old Ox Road (Route 606) in Sterling. There is one access point from Old Ox Road and one access point from Dulles Summit Court. Existing Conditions The subject property is occupied by an existing two-story, flex-industrial building which is currently occupied by Fairfax Marble and Granite, with associated parking. The site is located in the AI (Airport Impact) Overlay District. Surrounding Properties The surrounding zoning of the property is PD-GI under the 1972 Zoning Ordinance. Existing uses surrounding the site include other similar flex-industrial buildings to the east and west, as well as a vacant lot to the north. Directions From Leesburg, take East Market Street to the US-15/VA-7 W/Leesburg Bypass. Follow VA-267 E to VA-606 E in Dulles for approximately 11 miles. Take the 606 exit from 267 E. Take 606 West for 1.2 miles. The subject property is on the left.

3 Figure 1. Vicinity Map ZRTD , Fairfax Marble & Granite Page 3 PROPOSAL: The Applicant is seeking a zoning conversion from PD-GI (Planned Development-General Industry) under the 1972 Zoning Ordinance to PD-GI under the Revised 1993 Zoning Ordinance in order to permit the development of all principal and accessory uses permitted in the PD-GI zoning district under the Revised 1993 Zoning Ordinance at a maximum Floor Area Ratio (FAR) of 0.40 (up to 0.60 by Special Exception). As is customary with zoning conversions, the proffer statement does not propose a specific use for the building on site. The PD-GI zoning district uses under the Revised 1993 Zoning Ordinance allows a broader range of permissible uses which will make it easier to find tenants to occupy the remainder of the building. BACKGROUND: The subject property is located within the Route 28 Taxing District, which generates funds for large-scale 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.

4 ZRTD , Fairfax Marble & Granite Page 4 On March 15, 2011, the Board of Supervisors adopted (Comprehensive Plan Amendment) CPAM , Route 28 Keynote Employment Policies (more commonly known as the Route 28 Corridor Plan policies) to promote the Route 28 Corridor as a major economic and employment center with predominately commercial development within distinct land development patterns. In 2013 and 2014 the Board approved the regulations and related optional overlay zoning district to implement its Keynote Employment Policies. As a result, property owners in the Route 28 Taxing District have an additional development option available that enables utilization of a staff-only review and approval process within the Route 28 Overlay District. In 1967, the property was rezoned from residential to industrial (ZMAP ). The subject site has been developed as a 35,363 square foot flex-industrial building with 67 parking spaces. There are no comments regarding this application on the Loudoun Online Land Applications (LOLA) website. No other public comments have been received in regards to this proposal. The Applicant has or has not held any Community Meetings. Documents associated with this application can be viewed online on LOLA at search ZRTD OUTSTANDING ISSUES: The Applicant has been requested to commit to reserve right-of-way (ROW) along the Old Ox Road property frontage to provide for a half-section of the ultimate 200- foot ROW width (100 feet from centerline or 33 feet from the current ROW line) to allow for future expansion of the road to its ultimate condition per the 2010 CTP. At this time, the Applicant has elected not to show this reservation on the ZRTD plat. POLICY ANALYSIS: Zoning Map Amendment Petition (ZMAP) Criteria for Approval - Zoning Ordinance 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. A. 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. There are no outstanding land use issues. The proposed conversion to the most current Zoning Ordinance is appropriate. The Revised General Plan provides policy direction encouraging property owners within the Route 28 Taxing District to convert to the Revised 1993 Zoning Ordinance to provide consistent development patterns within the District. The County envisions the Route 28 Corridor as a major economic and employment center with predominately commercial development within distinct land development patterns. The subject site is governed by the Route 28 Industrial policies outlined in the RGP. The Route 28 Industrial area supports up to 100% Heavy Industrial, Light Industrial and Flex uses with supportive

5 ZRTD , Fairfax Marble & Granite Page 5 Commercial and Retail Services limited to 10% of the floor area with Floor Area Ratios (FAR) between 0.2 and 0.4. B. 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. There are no compatibility issues. The flex warehouse building on the subject property is compatible with the surrounding flex uses. The range of uses allowed in the proposed PD-GI zoning district are also compatible with uses in the vicinity. C. 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. This application has no known environmental issues, as it is developed with an existing building and does not include a development proposal. The Applicant is required to meet Zoning Ordinance and Facilities Standards Manual (FSM) requirements that would protect environmental resources upon any future expansion of development on the site. D. 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]. In accordance with County Policy, the Applicant has been requested to reserve right-of-way (ROW) along the Old Ox Road property frontage to provide for a half-section of the ultimate 200- foot ROW width (100 feet from centerline or 33 feet from the current ROW line) to allow for future expansion of the road to its ultimate condition per the 2010 CTP. At this time, the Applicant has elected not to show this reservation on the ZRTD plat. The Applicant has stated that suggested dedication would have a significant impact on the property, including deleterious effects to the parking, pedestrian access, and property value. Old Ox Road (VA Route 606) is currently a four-lane median-divided major collector controlled access road that travels in a northwest-southeast direction along the southern edge of the subject property. This segment of Old Ox Road is planned to ultimately be widened to a six-lane median divided principal arterial limited access road with interchange locations, local access points, and ultimate alignment to be determined by a later study with consideration of adjacent developers/stakeholders. Staff continues to request that the Applicant demonstrate conformance with the Comprehensive Plan, including the 2010 CTP, by providing reservation of the additional ROW (not dedication).

6 ZRTD , Fairfax Marble & Granite Page 6 This has been a consistent request made to other Applicant s seeking legislative approvals in the general vicinity. Most recently, Storage Development Partners (ZRTD ) provided the full 200-foot ROW for the portion of Old Ox Road that runs along that property s frontage in accordance with the 2010 CTP. In 2011, Gateway North (ZRTD ) provided this reservation as well. Staff acknowledges that the intent and purpose of the ZRTD process is to provide Route 28 Tax District property owners a streamlined mechanism to convert properties to the Revised 1993 Zoning Ordinance, however in this case, the application should also meet the set policies established by the County; planning to allow for the ultimate expansion of Old Ox Road. The Applicant could reserve the 33 feet necessary to accommodate the planned ROW while also being able to utilize the floor to area (FAR) and use regulations as established by the Revised 1993 Zoning Ordinance regulations for the PD-GI zoning district once the conversion is approved. The reservation of additional ROW area would be limited to a current buffer area as far to the edge of the existing parking lot that is situated between the building and the property line (see figure below). Should the reservation be provided, the existing parking lot would become a legally nonconforming feature, as Section requires a 25-foot parking setback, but because this is result of a County action, the Applicant would not need to alter the property to bring it into compliance. Figure 2. Aerial photograph of site Approximate location of additional 33 feet Consistent with the streamlined review process for zoning conversions in the Route 28 Taxing District, the Applicant has submitted the County s Traffic Statement for Route 28 ZMAP Applications to the Current Zoning Ordinance (also known as the Route 28 Generalized Traffic Statement ). This generalized traffic statement provides current and future conditions of major roads and intersections throughout the Route 28 Tax District.

7 ZRTD , Fairfax Marble & Granite Page 7 E. FISCAL IMPACTS: ZO (E)(4) The requirements for airports, housing, schools, parks, playgrounds, recreational areas and other public services. The fiscal impacts to the County should be considered as it relates to the effort and process that will have to be initiated in order to secure the additional ROW from the Applicant. Staff has requested the Applicant reserve the additional ROW along Old Ox Road and ultimately for the dedication of it at no public cost upon written request. Should the Applicant not reserve this portion of the ROW, the County will incur the cost of securing this dedication (approximately 11,715 square feet) along Old Ox Road. The transportation issue aside, the proposed PD-GI zoning district under the Revised 1993 Zoning Ordinance allows for a broader range of uses than the PD-GI 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. F. 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 known public utility or public safety issues. Adequate facilities exist to serve the range of PD-GI uses permitted under the Revised 1993 Zoning Ordinance. Existing water and sewer lines are located in the vicinity of the subject property. The property will be served by the Moorefield Fire and Rescue Station. ZONING ANALYSIS: There are no outstanding zoning issues. This application proposes to retain the PD-GI zoning district but convert its administration to the most current version of the Revised 1993 Zoning Ordinance. Language in the proffer statement would subject the site to the Revised 1993 Loudoun County Zoning Ordinance including any future zoning ordinance amendments. SUGGESTED MOTIONS: 1. I move that the Planning Commission forward ZRTD , Fairfax Marble and Granite, to a work session for further discussion. OR 2. I move that the Planning Commission forward ZRTD , Fairfax Marble and Granite, to the Board of Supervisors with a recommendation of approval, subject to the Proffer

8 OR ZRTD , Fairfax Marble & Granite Page 8 Statement dated December 13, 2016, and based on the Findings for Approval in the January 24, 2017 Staff Report I move that the Planning Commission forward ZRTD , Fairfax Marble and Granite, to the Board of Supervisors with a recommendation of denial. ATTACHMENTS: 1. Proffer Statement ( ) 2. Findings for Approval 3. Applicant Statement of Justification ( ) 4. Review Agency Comments 5. Applicant Response to Referral Comments ( ) 6. Concept Development Plan ( ) 1 Should the Planning Commission make a recommendation of approval, Findings for Approval have been attached