BOARD OF SUPERVISORS PUBLIC HEARING

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1 DEPARTMENT OF PLANNING Date of Hearing: AND ZONING STAFF REPORT # 5 BOARD OF SUPERVISORS PUBLIC HEARING SUBJECT: ELECTION DISTRICT: SPEX & SPEX BECO Substation Expansion at Kincora Village Broad Run CRITICAL ACTION DATE: Extended to STAFF CONTACTS: APPLICANT: Judi Birkitt, Project Manager, Planning & Zoning John Merrithew, Acting Director, Planning & Zoning Courtney R. Fisher, Dominion Virginia Power PURPOSE: Dominion Virginia Power seeks to modify a previously approved Special Exception in order to expand an existing electrical utility substation located within Kincora Village Center (Kincora) on the west side of Pacific Boulevard, south of Gloucester Parkway and north of Severn Way. The application also includes a Special Exception to expand the substation within the floodplain. RECOMMENDATIONS: On November 18, 2014, the Planning Commission forwarded the applications to the Board of Supervisors with a recommendation of approval (8-0-1, Klancher absent), subject to the Conditions of Approval dated November 4, 2014, and based on the Findings for Approval included on page 3 of this Staff Report. Staff concurs with the Planning Commission. The proposal to expand the existing electrical substation is consistent with the Revised General Plan s Energy and Communication Policies, which support the timely delivery of electrical service to businesses and households as development occurs. The Applicant is in agreement with the Conditions of Approval. The Office of the County Attorney has reviewed the Conditions of Approval. The application is ready for action. CONTENTS OF THIS STAFF REPORT Section Page Section Page Section Page Motions 2 Proposal 9 Transportation 17 Application Information 2 Outstanding Issues 13 Utilities/Public Safety 19 PC Review 3 Policy Analysis 13 Zoning Analysis 19 Findings for Approval 3 Land Use 13 Conditions 20 Context 4 Compatibility 13 Attachments 22 Environmental/Heritage 15

2 Page 2 SUGGESTED MOTIONS: 1. I move that the Board of Supervisors forward SPEX & SPEX , BECO Substation Expansion at Kincora, to the February 4, 2015 Board of Supervisors Business Meeting for action (time extension needed). OR 2a. I move that the Board of Supervisors suspend the rules. AND 2b. I move that the Board of Supervisors approve SPEX and SPEX , BECO Substation at Kincora Village, subject to the Conditions of Approval dated December 24, 2014, and based on the Findings for Approval contained in the, staff report. OR 3. I move an alternate motion. I. APPLICATION INFORMATION APPLICANT Virginia Electric & Power Company, d/b/a Dominion Virginia Power Courtney R. Fisher, Senior Siting & Permitting Specialist Courtney.r.fisher@dom.com REPRESENTATIVES Hunton & Williams LLP John C. McGranahan, Jr. Attorney and Susan K. Yantis, Planner and jmcgranahan@hunton.com and syantis@hunton.com REQUEST Special exceptions to modify the conditions of approval and special exception plat associated with SPEX , Dominion Virginia Power-BECO Substation, to permit the expansion of a previously approved utility substation in the PD-MUB (Planned Development-Mixed Use Business) zoning district, and to permit structures or uses required for the operation of a public utility in the FOD (Floodplain Overlay District-Major Floodplain). These applications are subject to the Revised 1993 Zoning Ordinance and the proposed uses are listed as Special Exception uses under Section , pursuant to Sections and 5-621, and Section (D), subject to Section and subsection PARCEL/ACREAGE Tax Map Number /80///1/////3/ (PIN# )/7.6-acre portion of a arce parcel ACCEPTANCE DATE July 29, 2014 ZONING ORDINANCE Revised 1993 LOCATION On the west side of Pacific Boulevard (Route 1036), north of West Severn Way (Route 1754), and south of Gloucester Parkway (Route 2150), at Pacific Boulevard, Sterling, Virginia, in the Broad Run Election District EXISTING ZONING PD-MUB (Planned Development-Mixed Use Business)

3 Page 3 POLICY AREA Suburban Policy Area (Sterling Community) and Route 28 Corridor Plan FOD (Floodplain Overlay District) partially AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contour Route 28 Taxing District PLANNED LAND USE Route 28 Business uses at a recommended FAR of 0.4 to 1.0. II. PLANNING COMMISSION REVIEW AND RECOMMENDATION On November 18, 2014, the Planning Commission (Commission) held a public hearing on the proposed BECO Substation expansion. There was no public comment. The Commission requested clarification about the related floodplain alteration waiver application that the Department of Building and Development would review following the Special Exception review process. Otherwise, the Planning Commission had no substantive discussion about the special exception applications and forwarded them to the Board of Supervisors with a recommendation of approval (8-0-1, Klancher absent), subject to the Conditions of Approval dated November 4, 2014, and based on the Findings for Approval listed below. III. FINDINGS FOR APPROVAL Substation Expansion in PD-MUB Zoning District (SPEX ) 1. The proposed special exception, an electrical substation expansion, is consistent with the Comprehensive Plan. Specifically, the proposal to expand the existing electrical substation is consistent with the Revised General Plan s Energy and Communication Policies, which support the timely delivery of electrical service to businesses and households as development occurs. 2. The proposed special exception is consistent with the Comprehensive Plan. In particular, locating the additional electrical equipment adjacent to the existing substation is supported by the Revised General Plan s Energy and Communication Policies, as it minimizes the overall visual impact of the proposed facility on the surrounding area. 3. The proposed special exception at its existing location would promote the welfare and convenience of the public by meeting the forecasted demand for electrical service and improving reliability for the future Kincora development and surrounding areas. 4. The proposed special exception adequately protects and mitigates impacts on environmental features. Specifically, the construction phase of the project includes tree protection fencing and super silt fencing, as well as tree replacement commitments.

4 Page 4 5. Consistent with the Countywide Transportation Plan, the special exception use can be served adequately by Pacific Boulevard. 6. The application is in general compliance with the requirements of the Revised 1993 Zoning Ordinance for the PD-MUB (Planned Development-Mixed Use Business) zoning district. Public Utility in the Floodplain (SPEX ) 1. The proposed special exception use, a public utility (substation) within the floodplain, is in harmony with the Comprehensive Plan. In particular, the application addresses the Green Infrastructure Policies of the Revised General Plan with super silt fencing, tree protection fencing, and tree replacement for any trees damaged during construction. 2. The proposed use is compatible with existing and planned development. Open Space Easements are located to the north, south, and west. Data center/office uses are approved future uses to be developed on the Kincora parcel to the east. 3. The proposed use would not increase the danger to life and property due to increased flood heights or velocities and would not increase the danger that materials may be swept downstream to the injury of others. The proposed use or structure is located and designed to limit its susceptibility to flood damage. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site would not cause significant damage. IV. CONTEXT Location/Site Access The BECO Substation subject property is currently a 5.6-acre portion of the larger 348-acre Kincora parcel. The substation is located on the west side of Pacific Boulevard (Route 1036), north of Severn Way (Route 1748), and south of the Gloucester Parkway (Route 2150)/Nokes Boulevard (Route 1793) interchange on Sully Road (Route 28). The substation is accessed from two (2) existing entrances on Pacific Boulevard. Existing Conditions The existing Figure 1. substation Existing Conditions includes one (1) 95-foot tall concrete backbone, two (2) transformers, nine (9) distribution circuits, and an 800 square-foot overhead control enclosure. A 12-foot tall screen wall (concrete with the look of stone) encloses the existing electrical equipment. At its closest point, the screen wall is situated approximately seventy (70) feet from the existing two-lane Pacific Boulevard. Two (2) gravel driveways lead from the two (2) Pacific Boulevard entrances to two (2) metal gates in the screen wall that provide access to the substation equipment. A mix of evergreen and canopy trees surround the screen wall. However, several of the trees planted between the screen wall and Pacific Boulevard are dead or dying. VEPCO easement transmission lines

5 Page 5 The western portion of the subject property is located within the FOD (Floodplain Overlay District). The subject property contains major floodplain associated with the Broad Run, which runs along the western property boundary of the larger Kincora parcel. Existing mature forest cover is located to the southwest of the subject property. There are no steep slopes or wetlands. The subject property lies within the Route 28 Taxing District and the AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contour. Figure 2. Vicinity Map Kincora Land Bay Q Staverton West Directions - From Leesburg, travel on Route 7 east. Take Route 28 south towards Dulles Airport/Centreville. Take the Nokes Boulevard exit and veer right (choose West). Turn left onto Pacific Boulevard. The substation in on the right. The existing substation and the proposed expansion are located entirely within a perpetual Open Space Easement that Kincora Village Center conveyed to the County as environmental mitigation in conjunction with the proffered rezoning. On Figure 3, the purple shaded area represents the Kincora Open Space Easement. Consistent with the Kincora Broad Run Restoration Concept Plan, which includes wetlands mitigation, stream enhancement, riparian preservation and reforestation, river and stream corridor reforestation, and tree conservation areas, the Kincora developer has completed the mitigation and granted areas to the County as an Open Space Easement (recorded with instrument # ).

6 Page 6 Figure 3. Open Space Easement. Surrounding Properties - The substation is surrounded to the north, west, and south by the perpetual Kincora Open Space Easement. North To the north of the substation is an area of the Kincora Village Center Open Space Easement that is designated as a Riparian Reforestation Area with the exception of two easements: Immediately north of the substation is an access easement from Pacific Boulevard that leads to a Loudoun Water sanitary sewer easement.

7 Page 7 To the northwest of the substation is an existing 100-foot wide VEPCO Easement, which contains a 230kV transmission line that runs between Dominion's Dranesville and Beaumeade Substations. Like the substation, the sanitary and VEPCO easements fall within the Open Space Easement but are not designated specifically for reforestation, tree preservation, or wetlands banking. (Per the easement document and proffers, utilities may be located within the Open Space Easement.) West - To the west of the substation is a portion of the Open Space Easement that is designated as a Riparian Preservation Area. South To the south of the substation is a portion of the Open Space Easement that is designated as a Riparian Preservation Area. It extends to Kincora s parcel boundary with Staverton West, an existing light industrial and flex industrial park. East To the east of the substation, on the east side of Pacific Boulevard, is Kincora Land Bay Q (Lot 1A). The approximately 40-acre lot is currently unimproved and zoned PD-MUB. Land Bay Q is approved for approximately one million square feet of nonresidential uses to include 937,200 square feet of office (to include all or a portion as data centers) and 114,000 square feet of non-hotel commercial uses (may include one freestanding up to 90,000 square-foot retail building). The proffered minimum building height requirement in the land bay is 24 feet with no minimum story requirements. Background - The Applicant has not held community meetings regarding this application, given that the substation is surrounded by vacant land and commercial or office uses. Staff has received no public comments by phone, , or Loudoun Online Land Application Systems (LOLA). Previous BECO Substation Approvals On May 6, 2002, the County approved a Commission Permit and Special Exception (CMPT and SPEX ) for BECO Substation on a portion of property that was known at the time as the A.S. Ray property. Dominion Virginia Power ( Dominion ) returned to the County in 2006 with a request to shift the location of the unbuilt substation southward in order to better screen the facility and to avoid crossing future Pacific Boulevard with electrical lines. The Board of Supervisors ( Board ) approved BECO Substation at the shifted location with ratification of a Commission Permit and approval of a Special Exception on July 25, 2006 (CMPT and SPEX , Dominion Virginia Power-BECO Substation), subject to five (5) conditions of approval (Provided as Attachment 5). At that time, the subject property was zoned PD-IP (Planned Development Industrial Park) under the 1972 Zoning Ordinance. Dominion constructed the substation in 2007 (STPL ). According to the Statement of Justification, BECO Substation is located in the center of a historically high growth area, which has seen approximately twelve percent (12%) electrical load growth per year since it came online in Dominion currently has five (5) substations that serve both residential and nonresidential uses in eastern Loudoun

8 Page 8 County: BECO, Pleasant View, Ashburn, Beaumeade, and Sterling Park. Four (4) of the substations are located along existing transmission lines on the Washington and Old Dominion (W&OD) Trail, and BECO Substation is located adjacent to the 230kV transmission line that runs between Dominion s Dranesville and Beaumeade Substations. The BECO Substation is considered a tapped substation because this 230kV transmission line that feeds BECO Substation s electrical load does not terminate within the BECO Substation. According to the Statement of Justification, by 2015, an outage of this 230kV transmission line would result in the loss of over 300 megawatts (MW) of electrical load, which would be a violation of mandatory North American Reliability Corporation (NERC) reliability standards. Kincora Village Center ( Kincora ) Approval On July 12, 2010, the County approved Kincora, which included the BECO Substation property. When the Kincora property was rezoned to PD-MUB, the existing substation became a nonconforming use. The application (ZMAP , as amended by ZCPA ) remapped acres from PD-IP under the 1972 Zoning Ordinance to PD-MUB (Planned Development Mixed Use Development) in order to develop up to 5.4 million square feet of residential (1,400 multi-family units) and non-residential uses (2.7 million square feet office/employment, 400,000 square feet commercial, and 475,000 square feet hotel) uses. In addition to Beco Substation, Kincora includes a new fire and rescue station located between Pacific Boulevard and Route 28 on the north side of Gloucester Parkway/Nokes Boulevard. 1 ZOAM On September 18, 2013, the Board adopted Zoning Ordinance Amendment ZOAM , Resolution of Intent to Amend the Revised 1993 Loudoun County Zoning Ordinance for the Purpose of Reclassifying Certain Commercial and Industrial Special Exception Uses to Permitted Uses. With that resolution, utility substations became permitted in the PD-MUB zoning district upon approval of a special exception. ZCOR Prior to submitting a Special Exception application to expand the existing substation, Dominion requested a Zoning Determination (ZCOR ) to verify that the Kincora Village Center Open Space Easement would allow expanding the substation further into the Open Space Easement. After consultation with Building and Development staff and the Office of the County Attorney, it was the advisory opinion of Zoning Administration, though not technically a zoning determination, that, under the terms of the Open Space Easement, that this particular utility expansion at this location would be considered an appurtenant facility to the electric transmission lines and would be permitted in the Open Space Easement and therefore, would be consistent with the 1 Kincora Village Office/Recreational Complex ( Kincora Village ) (SPEX ) Approximately 60 acres of the original A.S. Ray property remain zoned PD-IP (Planned Development Industrial Park) under the 1972 Zoning Ordinance. On July 21, 2009, the Board approved a Special Exception for Kincora Village. Approved special exception uses include a 75,000 square-foot minor league baseball stadium or other recreational facility, up to 74,000 square feet of auxiliary uses, and up to 8 office buildings totaling up to 901,211 square feet.

9 Page 9 Kincora Proffers and Concept Development Plan and would not trigger the need for a Zoning Concept Plan Amendment to amend the proffers and Concept Development Plan. V. PROPOSAL Special Exception - Substation Expansion in PD-MUB Zoning District (SPEX ) - This application seeks to modify the Conditions of Approval and Special Exception Plat associated with SPEX , Dominion Virginia Power-BECO Substation, in order to permit the expansion of the previously approved BECO Substation in the PD-MUB (Planned Development-Mixed Use Business) zoning district. Proposed changes to the Special Exception Plat include modifying the previously approved flag-shaped Special Exception boundaries. The previously approved boundaries contained acres, as outlined in green on Figure 4. The proposed expanded boundaries would add a total of 2.14 acres to the north, west, and south of the existing screen wall (12-foot tall concrete fence that is made to look like stone and that Figure 4. Comparison of Existing and Proposed Special Exception Boundaries

10 Page 10 encloses the existing equipment area). The expanded boundaries would also exclude acres that are largely attributed to VDOT right-of-way for Pacific Boulevard but also include a small area south of the current enclosed screen wall, west and east of the Pacific Boulevard right-of-way. With these proposed additions and subtractions, the land subject to the proposed special exceptions is acres, as outlined in orange in Figure 4. According to the Statement of Justification. The proposed expansion would increase the capacity of the substation by fifty percent (50%), and the purpose of the expansion is to improve overall transmission network reliability and help meet the future electrical demands that are expected to be needed as early as 2017 or Regarding the footprint of the proposed expansion, the setback of the front screen wall from Pacific Boulevard is proposed to be retained. The closest point of the screen wall would remain approximately seventy (70) feet from existing Pacific Boulevard. (Refer to Figure 5 and Attachment 4). The enclosed area is proposed to be enlarged by moving the western screen wall approximately 130 feet westward towards the Broad Run and the southern screen wall 105 feet southward towards Staverton West. To the north, the proposed location of the expanded screen wall varies, ranging from approximately 40 feet to 140 feet north of its existing position. Regarding proposed equipment, the application proposes to install a sixbreaker 230kV ring bus that would accommodate the termination of three (3) 230kV transmission lines. According to the Statement of Justification, the existing Dranesville to Beaumeade line would be terminated within the BECO Substation, creating two (2) transmission lines (Dranesville to BECO and BECO to Beaumeade). The third transmission line that Figure 5. Comparison of Existing and Proposed Area within the Screen Wall/Fence Proposed overhead easement

11 Page 11 would terminate at BECO is being proposed as part of Dominion's application to the State Corporation Commission ("SCC"), filed December 16, 2011 (PUE ), for a Brambleton to BECO 230kV transmission line. In addition to the transmission line terminals, the ring bus would provide three (3) bus sections that would serve to isolate the distribution transformers from any transmission line disturbances (outages). The specific proposed equipment includes the following (Refer to Attachment 3 for photographs of typical substation equipment): Two (2) 75 tall steel double circuit backbones Two (2) transformers Six (6) 230 kv breakers Fifteen (15) 230 kv switches Six (6) distribution circuits One (1) 1,200 square-foot control enclosure Figure 6 demonstrates the height of the tallest existing and proposed equipment an existing 95-foot tall backbone and two (2) proposed 75-foot tall backbones. Figure 6. Proposed and Existing Substation Equipment 2 proposed 75 tall steel backbones 1 existing 95 tall concrete backbone In addition to the new equipment, the proposed expansion would require widening the existing VEPCO overhead transmission easement located at the northwest corner of the

12 Page 12 substation. The expanded easement would cross the northwest corner of the substation. The owner of Kincora has granted BECO Substation the needed easement. The existing transmission easement is one hundred (100) feet wide. The proposed easement would add an additional thirty (30) feet in width to the east side of the existing VEPCO easement, between the existing easement and the substation. Once expanded, the substation screen wall would be located approximately two hundred feet (200 ) from the property line adjoining Staverton West. Given that the minimum required building setback from Pacific Boulevard is seventy-five feet, the front substation screen wall would be located approximately 180 feet from any future development within Land Bay Q in Kincora across Pacific Boulevard. Special Exception - Public Utility in the Floodplain (SPEX ) A second special exception request seeks to expand the existing electrical substation into the FOD (Floodplain Overlay District-Major Floodplain), pursuant to Section (D) of the Revised 1993 Zoning Ordinance. Section (D) of the Revised 1993 Zoning Ordinance states that structures or uses required for the operation of a public utility may be permitted in the floodplain by the Board of Supervisors by special exception, subject to Section and subsection In order to develop the existing substation, Dominion had submitted and the County approved a Floodplain Alteration Waiver (WAIV ) May 25, The Facilities Standards Manual (FSM) allows the Director of Building and

13 Page 13 Development to waive Floodplain Alteration requirements for minor encroachments and alterations if there would be no significant impact on the floodplain limits, channel configuration, or water surface elevation. Similarly, Dominion has submitted a floodplain alteration waiver in conjunction with this proposed expansion into the floodplain (WAIV ). After the Special Exception is processed, Building and Development can finalize the pending waiver. VI. OUTSTANDING ISSUES There are no outstanding issues. The primary topic considered during the referral process was mitigation of environmental impacts associated with expansion into the floodplain and tree removal. The Applicant is in agreement with the Conditions of Approval. The Office of the County Attorney has reviewed the Conditions of Approval. The application is ready for action. VII. POLICY ANALYSIS Special Exception (SPEX) Criteria for Approval - Zoning Ordinance Section of the Revised 1993 Zoning Ordinance states that in considering a minor special exception or special exception application, six (6) factors shall be given reasonable consideration. Special Exception (SPEX) Standards for Approval for a Public Utility in the Floodplain - Zoning Ordinance Section of the Revised 1993 Zoning Ordinance states that in considering applications for a special exception for a public utility in the floodplain, the Board of Supervisors must be satisfied that seven (7) standards and those of Section have been met. These criteria for approval are organized below by category, followed by Staff s analysis. A. LAND USE ZO (1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. (5) Whether the proposed special exception at the specified location would contribute to or promote the welfare or convenience of the public. ZO (F) The proposed use is in harmony with the Comprehensive Plan. Analysis There are no outstanding land use issues. The Revised General Plan (RGP) designates the area for Route 28 Business uses (low to mid-density office and flex uses) and envisions the Route 28 Corridor as a business environment that attracts premier businesses and significantly contributes to the County s overall fiscal health and economy. The proposal to expand the existing electrical substation is consistent with the RGP s Energy and Communication Policies. Such policies recognize that electrical facilities are essential components of daily life and supports the timely delivery of electrical service to businesses and households as development occurs. Expanding the substation at its existing location would promote the welfare and convenience of the public by meeting the forecasted demand for electrical service and improving reliability for the future Kincora

14 Page 14 development and surrounding areas, particularly the 937,000 square feet of data center and office uses that are approved for the Kincora parcel immediately to the east. B. COMPATIBILITY ZO (2) Whether the level and impact of any noise, light, glare, odor or other emissions generated by the proposed use will negatively impact surrounding uses. (3) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. ZO (E) The proposed use is compatible with existing and planned development. Analysis There are no outstanding compatibility issues. Below Staff discusses that during the referral process, Staff s primary compatibility topic was ensuring effective Type 4 Buffer screening along Pacific Boulevard. The expanded substation would not negatively impact surrounding uses to the north, west and south, because Open Space Easement buffers separate the substation from surrounding uses. The expanded electrical substation could be compatible with Kincora Land Bay Q to its east, particularly if that land bay develops with 937,200 square feet of data centers. Electrical substations are often located proximate to data centers due to energy needs. The RGP s Energy and Communication Policies seek to minimize potential negative visual impacts of utility facilities by grouping utility lines and facilities. Consistent with policy, the application proposes to group the facilities together by locating additional facilities on the site of an existing substation and by expanding the width of an existing overhead transmission line easement. This strategy helps minimize the visual impact of necessary electrical facilities upon the surrounding area. Additionally, the tallest existing piece of equipment within the substation is a 95-foot tall backbone. The tallest proposed pieces of equipment are two (2) shorter, 75-foot tall backbones. Therefore, the visual impact of the height of the facility would not be increased. Pacific Boulevard Enhanced Type 4 Side Buffer The application proposes a Type 4 Buffer around the perimeter of the subject property. To help ensure compatibility with existing and planned development, Staff recommends a similar Condition of Approval from the previous BECO substation special exception. The previous condition required an enhanced Type 4 Side Buffer along the Pacific Boulevard frontage. Staff continues to suggest a Side Buffer because a Type 4 Front Buffer does not include evergreen trees. Evergreen trees would help minimize the visual impacts of the screen wall. A Type 4 Side Buffer consists of 2 canopy trees, 5 under-story trees, 10 shrubs, and 8 evergreen trees within a 30-foot width buffer, plus a six-foot high fence, wall, or berm providing a minimum opacity of ninety-five (95) percent. The application proposes a 12-foot tall wall providing 100 percent opacity. Consistent with the previous special exception condition, Staff recommends enhancing the Type 4 Side Buffer along Pacific Boulevard with a minimum of two (2) additional canopy trees and six (6) additional evergreen trees per one hundred (100) linear feet (Condition 7). As background, Kincora did proffer data center design standards requiring data centers to be treated with individual design elements that may include storefront appearance, false fenestration, glass, colored or stamped concrete panels, or any combination thereof, or

15 Page 15 other architectural treatment for the purpose of ensuring consistency with the Design Guidelines. Table 1. Compatibility - Resolved Issues. Noise - Noise Standards shall meet the requirements of Section of the Revised 1993 Zoning Ordinance. The expanded substation would be enclosed with a 12-foot tall concrete (that looks like stone) screen wall that would help attenuate any noise associated with the electrical substation use. Light/Glare Written referral responses indicate that except for security lighting, there are no existing or proposed exterior lights on the substation subject property. To address any potential future lighting, Staff recommends replacing the previous lighting condition with a new lighting condition that is more consistent with the updated language used in recent applications and would require full cut-off, downward directed fixtures. Hours of Operation There are no hours of operation. The facility is unmanned and not open to the public. Odor/Emissions Odors are not an impact associated with electrical substations. Condition or Note Not an issue. Condition 8 Not an issue. Not an issue. C. ENVIRONMENTAL AND HERITAGE RESOURCES ZO (4) Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality (including groundwater), air quality, topographic, scenic, archaeological or historic features, and agricultural and forestal lands. ZO (A) The proposed use will not increase the danger to life and property due to increased flood heights or velocities. (B) The proposed use will not increase the danger that materials may be swept downstream to the injury of others. (C) The proposed water supply and sanitation systems are designed to prevent disease, contamination, and unsanitary conditions. (D) The proposed use or structure must be located and designed to limit its susceptibility to flood damage, and available alternative locations, not subject to flooding, for the proposed use must be considered. (G) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site should not cause significant damage. Analysis There are no outstanding environmental issues. As further discussed below, Staff s evaluation focused largely upon water quality protection measures during construction activities and the mitigation of potential adverse environmental impacts. The existing substation and proposed expansion are located entirely within an Open Space Easement, the expansion would encroach into the major floodplain and would result in tree removal, and the Broad Run is approximately four hundred (400) feet west of the special exception boundaries. Water Quality and Forest Cover Impacts The County encourages the preservation, protection, and management of forest resources for their economic and environmental benefits. The County s forests improve air and water quality, offer important habitat, and are buffers between communities. Forests also provide the greatest single protection of water quality by filtering pollutants from stormwater runoff, decreasing stream bank

16 Page 16 erosion, and maintaining the physical, chemical, and biological condition of the stream environment (Revised General Plan, Chapter 5, Forests, Trees, and Vegetation, text). The proposed application would result in impacts (tree removal) to approximately 10,000 square feet of existing riparian forest cover in the southwest corner of the subject property. A proposed off-site 30-foot wide overhead transmission easement would also result in impacts to existing forest cover within the floodplain to the west of the proposed electric substation. As a means of replanting, the application proposes to plant a Type 4 Buffer around the entire perimeter of the property. The total amount of the new plantings around the perimeter of the property would be equivalent to or exceed the amount of the trees removed in order to expand the substation. To address tree protection and water quality, the application agrees to Conditions of Approval that would require the following: Super Silt Fencing - The Applicant agrees to install super silt fencing in lieu of silt fencing during construction of the substation expansion as a means to provide enhanced erosion and sedimentation control (Condition 3). Limits of Disturbance Land disturbance shall be limited to the Limits of Disturbance depicted on the Special Exception Plat (Condition 2) In this case, the limits of disturbance are the same as the boundaries of the Special Exception. Tree Protection - South and west of the substation, the Applicant shall install tree protection fencing along the boundaries of the existing Tree Preservation Easements and Riparian Preservation Areas (offsite on the Kincora Village Center Open Space Easement). Such tree protection fencing shall consist of a minimum of four (4) foot tall, welded wire or board fencing with tree protection signage attached to the fencing at a minimum of fifty (50) foot intervals (Condition 4). Tree Replacement - If, during construction of the Special Exception Use, it is determined by the Applicant s certified arborist and/or the County that any healthy tree located within the existing Tree Preservation Easements depicted on the SPEX Plat has been damaged during construction and will not survive, then, prior to bond release, the Applicant shall remove each such tree and replace each such tree with two (2) 2½ to 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 (Condition 6). The table below summarizes how the Applicant has addressed other environmental and heritage resource topics. Table 2. Environmental and Heritage Resources Resolved Issues. Major Floodplain The proposed substation expansion is located within the major Condition or Note WAIV-

17 Page 17 floodplain. BECO Substation has submitted a floodplain alteration waiver to Building and Development for the expansion. Building and Development have determined that the expansion would not have a significant impact on the floodplain limits, channel configuration, or water surface elevation. Therefore, the special exception to expand the substation into the floodplain would not increase the danger to life and property due to increased flood heights or velocities and would not increase the danger that materials may be swept downstream to the injury of others. The substation would not be served by a water or sanitation system, so contamination and unsanitary conditions would not be issues. The proposed location and design would limit the substation s susceptibility to flood damage. Heron Rookery As Beco Substation is located 1½ miles from the heron rookery located in the northern portion of Kincora, impacts to the heron rookery would not be an issue. Wetlands There are no jurisdictional waters or wetlands within the Special Exception boundary based on the jurisdictional determination issued by the State for the property. Steep Slopes There are no steep slopes within Special Exception limits. Scenic/Archaeological/Historic Features The Special Exception limits contain no archaeological or historic resources Not an issue. Sheet 1. Note 25. Not an issue. Not an issue. D. TRANSPORTATION ZO (6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. Analysis There are no outstanding transportation issues. Access to the expanded substation would continue to be provided from the same two entrances on Pacific Boulevard (aka VA Route 28 West Collector Road) (Route 1036). As shown on the SPEX Plat, the existing northern gravel driveway would be realigned and shifted approximately fifty (50) feet north. Figure 8. Pacific Boulevard - Facing North. Future 2 lanes of Pacific Blvd & 10 trail by others

18 Page 18 Regarding Pacific Boulevard, a half-section (two lanes) of Pacific Boulevard exists along the frontage of the subject property from Severn Way north to Gloucester Parkway. Per the 2010 CTP, Pacific Boulevard is planned to be a four-lane, local access undivided urban collector roadway (U4). The two (2) remaining lanes will be constructed west of the existing lanes, on the side adjacent to the substation. The Kincora developer worked through the Industrial Development Authority of Loudoun County to obtain a Virginia Transportation Infrastructure Bank (VTIB) loan to expedite construction of the segment of Pacific Boulevard that extends from Kincora s southern property boundary northwardly to Russell Branch Parkway. The improvements include a 10-foot wide asphalt bike/pedestrian trail on the west side of the roadway and a bridge across the Broad Run. Staff has verified that VDOT has contracted with Shirley Contracting to construct the remaining two (2) lanes of Pacific Boulevard, including a 10-foot wide asphalt bike/pedestrian trail in a 14-foot wide public access easement along the frontage of the Beco Substation property. The table below summarizes how the application addresses other transportation topics. Table 3. Transportation - Resolved Issues. Trip Generation The substation is unmanned. Trip generation will continue to be two (2) trips per month for routine inspections and maintenance. Two Trails Kincora proffers state that sidewalks and trails shall be constructed in phases concurrently with the development of land in areas adjacent to such sidewalks and trails (ZMAP , Proffer IV.A.1 and ZCPA , Proffer III.A.). The substation is the only parcel in the quadrant that is south of Gloucester Parkway and west of Pacific Boulevard. Therefore, development of this substation expansion triggers the requirement to construct two trails: 10-foot wide Pacific Boulevard Bike/Pedestrian Trail - The SPEX Plat depicts the shared use path along the substation frontage, noting it would be constructed by others. As discussed above, Staff has verified that the VDOT project includes construction of this Kincora-proffered trail. 8-foot wide natural permeable bicycle/pedestrian trail with a boardwalk As this trail is outside of the boundaries of the special exceptions, Staff notes it only to advise the Applicant that at time of site plan review, Beco Substation in coordination with the Kincora developer would need to address it prior to approval of BECO s site plan. During site plan review, the Department of Parks and Recreation would be asked to coordinate with the Applicant/Kincora Developer to field locate the natural permeable trail. Pacific Boulevard Right-of-Way Dedication 70 feet of right-of-way have already been dedicated adjacent to the existing BECO substation (instrument # ). As requested, the SPEX plat has been revised to reflect the additional Pacific Boulevard right-of-way (approximately 3,300 square feet) as Future ROW dedication by others to be dedicated by others as shown on VDOT Plan No RW-201, C-501. Condition or Note Not an issue. SPEX Plat Sheet 3 Staff advises to field locate at Site Plan SPEX Plat Sheet 3

19 Page 19 E. PUBLIC UTILITIES/PUBLIC SAFETY ZO (6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. Analysis There are no public utility or safety issues. As this utility substation continues to be an unmanned facility, the expanded use does not propose water and sanitary sewer service. The following table summarizes how this application addresses other public utilities and fire and rescue topics. Table 4. Public Utilities and Public Safety. Fire & Rescue Service - The Kincora Fire and Rescue Station would serve the subject property with an approximate response time of 2 minutes and 45 seconds. Fire & Rescue Contribution - The original special exception application did not include a fire and rescue contribution. Therefore, Staff requested a one-time contribution for the existing substation and proposed expansion. Board policy anticipates a contribution of $0.10 per square foot of development, and in this instance, the area of development equates to the area encompassed by the electrical equipment (approximately 19,280 square feet). As such, a fire and rescue contribution of $1,928 is anticipated. The Applicant is in agreement with this contribution to be distributed equally to the first response fire and rescue facilities. Fire Suppression Systems At the request of Fire and Rescue Planning staff, a condition is being carried forward from the previous special exception that would require the applicant to work with the Loudoun County Fire Marshal to determine an appropriate fire suppression system for the substation prior to site plan approval and to install such system prior to Occupancy Permit. Condition or Note Not an issue. Note following Conditions of Approval Condition 5 VIII. ZONING ANALYSIS Analysis There are no outstanding Zoning issues. The subject property is zoned PD- MUB (Planned Development-Mixed Use Business), Floodplain Overlay District (FOD), and Airport Impact Overlay District (AI) administered under the Revised 1993 Loudoun County Zoning Ordinance ( Zoning Ordinance ). The substation is subject to the Concept Development Plan and Proffer Statement approved with Kincora Village Center (ZMAP ) as amended by Zoning Concept Plan Amendment (ZCPA ). A substation is permitted as a special exception in the PD-MUB zoning district pursuant to Section (E)(3) of the Revised 1993 Zoning Ordinance (Ordinance). The application is in general compliance with the requirements of the Ordinance for the PD- MUB zoning district. The Special Exception Plat (SPEX Plat) and Conditions of Approval approved with these Special Exceptions would supersede those approved with the previous Special Exception.

20 Page 20 IX. CONDITIONS OF APPROVAL (December 24, 2014) Substation in PD-MUB Zoning District (SPEX ) and Public Utility in the Floodplain (SPEX ) 1. Substantial Conformance. The development of the Special Exception use described in Condition 2 below shall be in substantial conformance with Sheets 1, 3, 4, and 6 of 6 of the plat entitled, Special Exception Plat (SPEX # & SPEX # ) BECO Substation at Kincora dated August 2012, and revised through December 23, 2014, prepared by Urban, Ltd. (the SPEX Plat ) incorporated herein by reference, and the Revised 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ). Approval of these applications for the approximately acre portion (the Property ), as delineated on Sheet 3 of the SPEX Plat and labeled as Limits of Prop. Special Exception, of the parcel identified as Tax Map Number /80///1/////3/ (PIN# ) shall not relieve the Applicant or the owners of the Property, their successors, or parties developing, establishing or operating the approved SPEX Use, from the obligation to comply with and conform to any other applicable Zoning Ordinance, Codified Ordinance, or regulatory requirement. The Property is also subject to the Kincora Village Center Proffer Statement and Concept Development Plan (ZMAP , as amended by ZCPA ). These conditions supersede those associated with SPEX Use Permitted. These Special Exceptions grant approval of an electrical utility substation use and the expansion of an electrical utility substation use (the SPEX Use ) in accordance with Section of the PD-MUB (Planned Development Mixed Use Business) zoning district regulations and Section of the FOD (Floodplain Overlay District) regulations, and pursuant to the Additional Regulations of Sections and 5-621, of the Zoning Ordinance. 3. Limits of Disturbance. The Applicant may reduce, but shall not expand, the limits of disturbance identified and labeled on Sheet 3 of the SPEX Plat as Limits of Prop. Special Exception (and Limits of Disturbance). 4. Super Silt Fencing. The Applicant shall install super silt fencing in lieu of silt fencing during construction of the Special Exception uses. 5. Tree Protection. The Applicant shall install tree protection fencing along the boundaries of the existing Tree Preservation Easements labeled as EX. PRESERVATION EASEMENT on Sheet 3 of the SPEX Plat (the Tree Preservation Easements ). Such tree protection fencing shall consist of a minimum of four (4)-foot tall, welded wire or board fencing with tree protection signage attached to the fencing at a minimum of fifty (50) foot intervals. Such tree protection signage shall be depicted on the first site plan ( STPL ) or site plan amendment ( SPAM ) for the SPEX Use and shall be approved by the Director of the Department of Building and Development. Such tree protection fencing and tree protection signage shall be installed prior to initiating land disturbing activity on the Property. The Applicant shall

21 Page 21 maintain all tree protection fencing and signage in good condition and the Applicant shall immediately repair or replace any damaged tree protection fencing or signage. 6. Fire Suppression. Prior to approval of the first STPL or SPAM for the SPEX Use, the Applicant and the Loudoun County Fire Marshal shall determine an appropriate fire suppression system(s) for the SPEX Use. Such fire suppression system(s) shall be installed prior to the issuance of the first Occupancy Permit for the SPEX Use. 7. Tree Replacement. If, during construction of the SPEX Use, the Applicant s certified arborist and/or the County Urban Forester determines that any healthy tree located within the Tree Preservation Easements has been damaged during construction and will not survive, then, prior to the release of any performance bond related to such construction, the Applicant shall remove each such damaged tree and replace each such damaged tree with two (2) 2½ to 3 inch caliper native, non-invasive, deciduous trees. The species of replacement trees shall be determined in consultation with the County s Urban Forester and 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 Urban Forester. 8. Type 4 Buffer. The Applicant shall install and maintain a Type 4 Side Yard Buffer around the perimeter of the Property as shown on Sheet 6 of the SPEX Plat. The Proposed Screen Wall depicted on the SPEX Plat shall satisfy the requirements of the Type 4 Buffer fence, wall, or berm. Adjacent to Pacific Boulevard, such Type 4 Side Yard Buffer shall be enhanced with a minimum of two (2) additional canopy trees and six (6) additional evergreen trees per one hundred (100) linear feet. Surviving landscaping previously installed pursuant to Special Exception (SPEX) may be used to satisfy said Type 4 Side Yard Buffer requirements subject to approval by the County Urban Forester. The Applicant shall consult with the County Urban Forester to determine the final locations for all new or replacement Buffer Yard plantings. All such buffering and screening shall be depicted on the first STPL or SPAM for the SPEX Use, and shall be bonded for installation prior to, or in conjunction with, the approval of the first STPL or SPAM for the SPEX Use. The Applicant shall maintain all buffering and screening in good condition and health, and the Applicant shall replace any dead or diseased materials with reasonable promptness, taking into account seasonal weather limitations. 9. Exterior Lighting. All exterior lighting, including security lighting, installed on the Property, shall be fully cut-off and fully shielded light fixtures as defined by the Illuminating Engineering Society of North America (IESNA), and shall be directed inward and downward toward the interior of the Property and away from adjacent public or private streets, and adjacent properties. Note: Fire and Rescue Contribution. Prior to the first Zoning Permit approval for the SPEX Use, the Applicant has agreed to make a one-time contribution to the County in the amount of $1,928.00, for distribution to the volunteer Fire and Rescue Companies providing service to the Property.