County of Loudoun. Department of Planning and Zoning MEMORANDUM

Transcription

1 County of Loudoun Department of Planning and Zoning MEMORANDUM DATE: November 10, 2015 TO: FROM: Joe Griffiths, Project Manager Land Use Review Kelly Williams, Planner III Community Planning SUBJECT: ZRTD , East Severn Way Lot 2 EXECUTIVE SUMMARY The applicant, OJB/1600 University Boulevard, LC is requesting a Zoning Conversion (ZRTD) from the 1993 Zoning Ordinance to the Revised 1993 Zoning Ordinance, as amended, for Lot 2 of the Nessys Corporation Subdivision at East Severn Way. The property is currently zoned PD-IP, Planned Development Industrial Park and located within the Route 28 Highway Improvement Transportation District (Route 28 Tax District) and the Route 28 CO Optional Overlay. A flex- warehouse building has recently been constructed on the site. The 4.89 acre parcel is governed by the policies of the Revised General Plan and is located in the Sterling Community of the Suburban Policy Area. The property is considered under the Route 28 Core policies of the Plan and designated for business uses. Converting property into the most current Zoning Ordinance is consistent with the goals of the Comprehensive Plan. Staff recommends approval of the application. Attachment 1a

2 ZRTD East Severn Way Lot 2 Community Planning First Referral November 10, 2015 Page 2 BACKGROUND The purpose of this application is to allow the property to be developed under the current Zoning Ordinance and any future Ordinance amendments. The property is located on the north side of East Severn Way, approximately 650 feet west of the intersection of Atlantic Boulevard and East Severn Way. Surrounding uses include various flex industrial uses to the west and south and retail and hotel uses to the north and east. COMPLIANCE WITH THE COMPREHENSIVE PLAN The subject site is governed by the policies outlined in Loudoun County s Revised General Plan. The subject site is located within the Sterling Community of the Suburban Policy Area and within the Route 28 Tax District (Revised General Plan, Chapter 6, Suburban Community Boundaries Map and Route 28 Corridor Plan Planned Land Use Map). The application has been reviewed under the Revised General Plan Suburban Policies of Chapter 6. Route 28 Core is the Planned Land Use for the subject site. The County envisions the Route 28 Corridor as a major economic and employment center with predominately commercial development within distinct land development patterns (Revised General Plan, Chapter 6, Route 28 Corridor Plan, Land Use Text). The Route 28 Corridor Plan Land Development Patterns Map identifies the subject site as suitable for Route 28 Core uses (Revised General Plan, Chapter 6, Route 28 Corridor Plan Land Development Patterns Map). Premier, highly-visible Office Clusters adjacent to Route 28 are supported in areas depicted on the Route 28 Corridor Land Development Patterns Map as Route 28 Core. Office within an Office Cluster is defined as high-quality office buildings containing four or more stories and located within areas that provide significant visibility and proximity to heavily traveled roadways (Revised General Plan, Chapter 6, Route 28 Corridor Plan, Office Cluster Policies, Policy 1). RECOMMENDATION Plan policies encourage higher intensity office employment uses immediately adjacent to Route 28 (generally between the parallel roads of Pacific Boulevard and Atlantic Boulevard/Shaw Road/Glenn Drive) (Revised General Plan, Chapter 6, Route 28 Corridor Plan, text). Higher Floor Area Ratios (FARs) and minimum number of stories shall ensure that land situated along Route 28 will build to its full potential, though the overall density of a project may be reduced based on environmental considerations, compatibility with surrounding uses and business requirements, and to further other planning objectives. The development of a single-story flex use in this location does not maximize the properties development potential within the Route 28 Core. However, the recently constructed flex warehouse building is consistent with the flex uses that have developed historically in the surrounding area.

3 ZRTD East Severn Way Lot 2 Community Planning First Referral November 10, 2015 Page 3 The Revised General Plan provides policy direction encouraging property owners within the Route 28 Tax District to convert into the current Zoning Ordinance in order to provide consistent development patterns within the District. 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 (Revised General Plan, Chapter 6, Route 28 Corridor Plan, Land Use, General Policies, Policy 22). As such, the proposed conversion to the most current Zoning Ordinance is appropriate. Should the site redevelop in the future, Staff encourages the Applicant to consider developing under the newly adopted Route 28 Corridor Office (CO) Optional Overlay District to maximize the property s development potential. Property owners have an additional development option available that enables utilization of an administrative development process unique to the Route 28 Optional Overlay districts. The Route 28 CO Optional Overlay district that permits a 0.6 Floor Area Ratio and up to a 1.0 Floor Area Ratio with incentive elements. Other incentives include higher permitted lot coverage, reduced setbacks, parking space requirement reduction for structured parking, and others. Plan policies support the proposed conversion and Staff recommends approval. cc: Ricky Barker, AICP, Director, Planning and Zoning (via ) John Merrithew, AICP, Assistant Director Planning and Zoning (via )

4 County of Loudoun Department of Planning and Zoning MEMORANDUM DATE: November 13, 2015 TO: FROM: CC: Joe Griffiths, Land Use Review Planner Andrea Grove, Planner, Zoning Administration Michelle M. Lohr, Deputy Zoning Administrator CASE NUMBER AND NAME: ZRTD East Severn Way, Lot 2 TAX/MAP PARCEL NUMBER: /80//19////WL/ MCPI: The subject property is zoned PD-IP, Planned Development-Industrial Park, regulated by the 1993 Loudoun County Zoning Ordinance and is located in the Route 28 Tax District and Route 28 Corridor Office Optional Overlay District. The applicant is proposing a zoning conversion to convert the property to the PD-IP zoning district under the Revised 1993 Loudoun County Zoning Ordinance, as amended. Staff has reviewed the provided East Severn Way, Lot 2 Rezoning Statement of Justification dated October 5, 2015; Proffer Statement dated October 1, 2015; and Concept Development Plan (CDP) Sheet 1 of 1 dated September 14, 2015 for the above referenced Rezoning Route 28 District (ZRTD) application. 1. Zoning Tabulation Block. The district is referenced as PD-IP, Planned Development- Industrial Park. Include the section reference, which is Section Zoning Tabulations #3. Section (B)(2) requires no parking closer than 35 feet. Reference this requirement. 3. Zoning Tabulations #3. Remove the reference to 60 feet from property line for parking from any agricultural district. This appears to be a yard regulation from the 1993 Loudoun County Zoning Ordinance and not applicable to this application. 4. Include a note on the plan indicating the subject property is located within the Broad Run Election District. Attachment 1b

5 ZRTD East Severn Way, Lot 2 November 13, 2015 Page 2 5. General Note #10, Staff recommends the note include the applicable section of the ordinance which is Section and include Loudoun County when referring to the referenced zoning ordinance, as follows: The property shown hereon shall remain zoned PD-IP, Section 4-500, but will be converted from the 1993 Loudoun County Zoning Ordinance to the Revised 1993 Loudoun County Zoning Ordinance, as amended. 6. Proffer Statement I. Concept Development Plan refers to the Concept Development Plan (CDP) as Exhibit A, however, Exhibit A is not referenced on the CDP. Include a note on the CDP that it is Exhibit A.

6 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: December 2, 2015 TO: FROM: Joe Griffiths, Project Manager Department of Planning and Zoning Rory L. Toth, CZA/CTM, Senior Transportation Planner DTCI, Transportation Planning & Operations Division SUBJECT: ZRTD East Severn Way Lot 2 First Referral Background This Zoning Map Amendment in the Route 28 Tax District (ZRTD) proposes to rezone approximately 4.90 acres from the PD-IP (Planned Development Industrial Park) zoning district under the 1993 Loudoun County Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance (Zoning Ordinance). The site is located north of East Severn Way (VA Route 847), east of Sully Road (VA Route 28) and west of Atlantic Boulevard (VA Route 1902). A flex/warehouse building is currently constructed on the site and there are two access points to the site (one via a driveway onto East Severn Way (east-west portion) and a second access point on an unnamed north-south portion of ROW on the east side of the property. A vicinity map is provided as Attachment 1. This review is based on materials received from the Department of Planning and Zoning on October 30, 2015, including (1) an information sheet, dated November 2, 2015; (2) a Statement of Justification dated October 5, 2015; (3) Draft Proffer Statement dated October 1, 2015; (4) Concept Development Plan (CDP) ( ZRTD Plat ) prepared by Rinker Design Associates, P.C., dated September 14, 2015; and (5) the Generalized Traffic Statement for Zoning Map Amendment Applications in the Route 28 Tax District, revised July 2012 (commonly referred to as the Route 28 Generalized Traffic Statement ), which reviews and compares the traffic impacts of various land uses under the 1972, 1993 and Revised 1993 Zoning Ordinances. Compliance with the Countywide Transportation Plan The site is located within the Suburban Policy Area (Sterling Community). The transportation network is specifically governed by the policies of Countywide Transportation Plan (2010 CTP) and the Bicycle & Pedestrian Mobility Master Plan (2003 Bike & Ped Plan). The Department of Transportation and Capital Infrastructure s (DTCI s) assessment of the transportation network is based on review of existing, planned and programmed transportation facilities, review of the Route 28 Generalized Traffic Statement, and applicable County policies. Attachment 1c

7 ZRTD East Severn Way Lot 2 DTCI First Referral Comments December 2, 2015 Page 2 Existing, Planned and Programmed Transportation Facilities The site is located north of East Severn Way (VA Route 847), east of Sully Road (VA Route 28) and west of Atlantic Boulevard (VA Route 1902). Descriptions for planned conditions of CTP roads are taken from Appendix 1 of the 2010 CTP; descriptions of planned bicycle and pedestrian facilities on CTP roads are taken from Appendix 6 of the 2010 CTP and the 2003 Bike & Ped Plan. East Severn Way (VA Route 847) is a local secondary roadway currently constructed as a fourlane undivided roadway and is constructed with one westbound lane dedicated as a turn-lane in front of the subject site) and is not included as part of the 2010 CTP roadway network. East Severn Way is a public street and terminates in a cul-de-sac at its western end near VA Route 28. East Severn Way is under signal-control at its intersection with Atlantic Boulevard. A leftturn lane, thru lane and thru/right-turn lane are in place at its intersection with Atlantic Boulevard. It is noted that there is an unnamed two-lane undivided segment of ROW traveling generally in a north-south direction on the east side of the site, which is not maintained by VDOT. According to 2014 Daily Traffic Volume Estimates from VDOT, East Severn Way carries an annual average of approximately 1,900 trips per day. The 2003 Bike & Ped Plan categories East Severn Way as a baseline connecting roadway along which bicycle and pedestrian facilities are envisioned. In addition, bicycle and pedestrian facilities are envisioned along all local secondary roadways. Five-foot wide sidewalks are shown on approved site plan STPL along the site s southern frontage with East Severn Way (in the ROW) and along the site s eastern frontage within the unnamed ROW. A trail is constructed on the property directly to the east of the site across from the unnamed north-south segment of roadway. There are no sidewalks or trails constructed on the southern side of East Severn Way in the vicinity of the site. Review of Traffic Statement for Route 28 ZMAP Applications to the Current Zoning Ordinance The Route 28 Generalized Traffic Statement included with this application (provided as Attachment 2) was approved by the Board of Supervisors on May 20, 2008 and revised in July The purpose of this generalized traffic statement is to expedite the processing of zoning conversion (ZRTD) applications. The preparation and scoping of a separate traffic study requires additional time and expense prior to the acceptance of rezoning and special exception applications at the initial checklist stage. The use of a ready-made generalized traffic statement, which the Applicant includes with the initial application submittal, helps to facilitate this process. DTCI notes that the Route 28 Generalized Traffic Statement was primarily intended for conversion applications within the PD-OP and PD-IP zoning districts. The Route 28 Generalized Traffic Statement indicates that the intersection of Atlantic Boulevard and Nokes Boulevard (VA Route 1793) (the nearest intersection to the site included in the generalized traffic statement) operated at LOS C during the AM and PM peak period, based on traffic data from the timeframe. The generalized traffic statement also forecasts that in the future (2015) this intersection would operate at LOS C in the AM and PM peak period.

8 Trip Generation from Proposed Development ZRTD East Severn Way Lot 2 DTCI First Referral Comments December 2, 2015 Page 3 The application s draft proffers do not limit the development on the site to any particular use. Using the most conservative traffic generating use, (i.e. office), under the 1993 Zoning Ordinance, it allows for up to a 0.4 FAR of PD-IP uses by-right, which could yield approximately 85,378 total square feet of FAR on the 4.90-acre site. Utilizing the same most conservative traffic generating use, (i.e. office), under the Revised 1993 Loudoun County Zoning Ordinance it allows 0.6 FAR of PD-IP uses by-right, which would yield approximately 128,066 total square feet of FAR on the 4.90-acre site. Based on the trip rates published in the Institute of Transportation Engineers (ITE) Trip Generation Report, 9 th Edition, DTCI has developed the following table to show a comparison of trips potentially generated by the most intense traffic generating use (i.e. office) allowed under the 1993 Zoning Ordinance versus office uses allowed under the Revised 1993 Zoning Ordinance. Table 1-Trip Generation Comparison for East Severn Way Lot 2 Maximum Permitted By-Right Uses in the PD-IP Zoning District ITE Code AM Peak PM Peak Weekday Total Revised 1993 Zoning Ordinance 0.6 FAR 100% Office 128,066 SF , Zoning Ordinance 0.4 FAR 100% Office 85,378 SF Net Difference (Revised 1993 Zoning Ordinance minus 1993 Zoning Ordinance) As shown in Table 1 above, the existing 1993 Zoning Ordinance could permit up to 100% office uses of up to 85,378 square feet or 0.4 FAR on the site by-right. Alternatively, the site could permit up to 128,066 square feet or 0.6 FAR on the site by-right under the Revised 1993 Zoning Ordinance. Therefore, this conversion could yield 67 more AM peak hour, 64 more PM peak hour, and 471 more daily vehicular trips than the existing PD-IP zoning on the property. Transportation Comments and Recommendations DTCI staff has reviewed the Applicant s submitted materials and has the following comments: 1. DTCI notes that the specific uses proposed with this application have not been detailed. DTCI understands that zoning conversions typically do not involve a specified land use and that the Board of Supervisors wishes to facilitate the conversions by not requiring detailed plans and studies. Therefore, DTCI is not making specific observations and recommendations regarding traffic impacts for this proposed conversion. 2. Due to the absence of specific development information, the Applicant s concept development plan cannot be evaluated for specific transportation improvements. Therefore, it is unclear what site-specific transportation related improvements may be needed.

9 Conclusion ZRTD East Severn Way Lot 2 DTCI First Referral Comments December 2, 2015 Page 4 Due to the general nature of this type of proposal, DTCI has provided comments for information only and, therefore, has no recommendation on this application. ATTACHMENTS 1. Site Vicinity Map 2. Route 28 Generalized Traffic Statement, Revised July 2012 cc: Kathleen Leidich, AICP, Assistant Director, DTCI Lou Mosurak, AICP, Senior Coordinator, DTCI

10 Loudoun County Print Map November 30, 2015 SITE ZRTD East Severn Way Lot 2 ATTACHMENT 1

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31 COUNTY OF LOUDOUN, VIRGINIA DEPARTMENT OF ECONOMIC DEVELOPMENT MEMORANDUM DATE: December 7, 2015 TO: FROM: THRU: Joseph Griffiths, Project Manager, Department of Planning and Zoning Buddy Rizer, Director, Department of Economic Development Karen Lanham, Real Estate Intelligence Manager, Department of Economic Development SUBJECT: ZRTD , East Severn Way Lot 2 The Department of Economic Development (DED) is responding to a request from the Department of Planning and Zoning for referral review of the ZRTD , East Severn Way Lot 2. The applicant proposes to rezone the approximately 4.89 acre lot from PD-IP governed by the 1993 Loudoun County Zoning Ordinance to the Revised 1993 Loudoun County Zoning Ordinance, as amended. The property contains a recently completed vacant flex/industrial building consisting of approximately 68,000 square feet. DED is supportive of this application as it follows the County s comprehensive planning policies of conversion of properties to the most recent version of the 1993 Loudoun County s Zoning Ordinance. In addition, conversion to the most recent ordinance will allow the applicant to maximize the property s development potential. Attachment 1d

32 Attachment 2

33

34 PROFFER STATEMENT East Severn Way, Lot 2 ZRTD January 28, 2016 O.J.B./1600 University Boulevard, LC, GFI #2/DDi, LLC, and Count Du Greenmonet, LLC, (collectively the Owners ) the Owners of the property described as Loudoun County Tax Map Number /80//19////WL/ (PIN# ) (the Property ), on behalf of themselves and their successors in interest, hereby voluntarily proffer pursuant to Section of the Code of Virginia (1950), as amended, that in the event that the Property is rezoned by the Board of Supervisors of Loudoun County, Virginia to the PD-IP (Planned Development-Industrial Park) zoning district administered under the Revised 1993 Loudoun County Zoning Ordinance, as may be amended from time to time (the Zoning Ordinance ), as substantially set forth in the Concept Development Plan referenced in Proffer 1 below, the development of the Property shall be in substantial conformance with the following conditions. These proffer conditions are the only conditions offered on this rezoning, provided that these proffers shall become effective only upon final approval of the Zoning Map Amendment application ZRTD submitted by the Owners. I. CONCEPT DEVELOPMENT PLAN The development of the Property shall be in substantial conformance with the plan titled East Severn Way Lot 2, dated September 14, 2015, with revisions through January 28, 2016, prepared by Rinker Design Associations, P.C. (the Concept Development Plan ), and incorporated herein by reference as Exhibit A. The Concept Development Plan shall control the general development, layout and configuration of the Property, provided that all requirements and use limitations of the PD-IP zoning district of the Revised 1993 Zoning Ordinance, as amended, must be complied with and will take precedence over the Concept Development Plan. [SIGNATURE PAGES FOLLOW] 1 Attachment 3

35 Each of the undersigned hereby warrants that all the owners of any legal interest in the Property have signed the foregoing proffer statement, that no signature from any additional party is necessary for these Proffers to be binding and enforceable in accordance with their terms, that he/she has full authority to bind the Property to these conditions, either individually or jointly with the other owners affixing their signature hereto, and that the foregoing proffers are entered into voluntarily. O.J.B./1600 University Boulevard, LC, a Maryland limited liability company BY: (SEAL) Signature Name: Stuart D. Schooler Title: Manager STATE OF COUNTY/CITY OF, to-wit: I, the undersigned notary public, in and for the state and city/county aforesaid, do hereby certify that Stuart D. Schooler, as the Manager of O.J.B./1600 University Boulevard, LC, a Maryland limited liability company, whose name is signed to the foregoing proffer statement has acknowledged the same before me. Subscribed and sworn to before me this day of 20. My Commission Expires: Date Notary Registration Number Notary Public [SIGNATURES CONTINUED ON NEXT PAGE] 2

36 Count Du Greenmonet, LLC, a Maryland limited liability company BY: (SEAL) Signature Name: Leonard A. Greenberg Title: Manager STATE OF COUNTY/CITY OF, to-wit: I, the undersigned notary public, in and for the state and city/county aforesaid, do hereby certify that Leonard A. Greenberg, as the Manager of Count Du Greenmonet, LLC, a Maryland limited liability company, whose name is signed to the foregoing proffer statement has acknowledged the same before me. Subscribed and sworn to before me this day of 20. My Commission Expires: Date Notary Public Notary Registration Number [SIGNATURES CONTINUED ON NEXT PAGE] 3

37 GFI #2/DDi, LLC a Virginia limited liability company By: The Greenberg Family Trust 2000 Its: Managing Member BY: (SEAL) Signature Name: Leonard A. Greenberg Title: Trustee of Managing Member STATE OF COUNTY/CITY OF, to-wit: I, the undersigned notary public, in and for the state and city/county aforesaid, do hereby certify that Leonard A. Greenberg, as Trustee of The Greenberg Family Trust 2000, as Managing Member of GFI #2/DDi, LLC, a Virginia limited liability company, whose name is signed to the foregoing proffer statement has acknowledged the same before me. Subscribed and sworn to before me this day of 20. My Commission Expires: Date Notary Registration Number Notary Public 4