PROFFER STATEMENT EVERGREEN MEADOWS ZMAP

Transcription

1 PROFFER STATEMENT EVERGREEN MEADOWS ZMAP March 23, 2017 Cullen B. Tilman, the owner (the Owner ) of the properties identified as Loudoun County PIN ## ; ; ; ; and (Tax Map ##101/D/1////12/; 101/D/1////13/; 101/D/1////14/; 101/D/1////15/; and 101/D/1////16/) totaling 4.28 acres (the Property ), more fully depicted on the Plans identified in Proffer I.A below, on behalf of itself and its successors in interest, hereby voluntarily proffers, pursuant to Va. Code Ann and of the Revised 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ), that in the event this ZMAP , together with this Proffer Statement and the Concept Development Plan identified in Proffer I.A. below, are approved, development of Land Bay A of the Property shall be in substantial conformance with the following conditions ( Proffers ). I. ZONING MAP AMENDMENT A. Zoning Map Amendment. Development of Land Bay A on the Property shall be in substantial conformance with Sheets 1, 2, and 3 of 5 (collectively referred to herein as the Concept Development Plan or CDP ) of a certain set of graphical documents titled Zoning Map Amendment, Special Exception, and Zoning Modification for Evergreen Meadows, dated July 29, 2016, and revised through March 17, 2017, prepared by Smith Engineering (collectively referred to herein as the Plans ). Minor adjustments to the locations of the proposed uses, facilities, and improvements shown on the CDP shall be permitted as reasonably necessary to address grading, drainage, environmental, cultural and natural features, development ordinance requirements, and other final engineering considerations, provided that any such minor adjustments shall be in accordance with of the Zoning Ordinance. II. PERMITTED USES A. All permitted uses of the PD-IP Planned Development Industrial Park zoning district, as listed in Section of the Zoning Ordinance, shall be permitted on Land Bay A of the Property, with the exception of the following uses which shall not be permitted on Land Bay A of the Property: flex industrial use; auction house; data center; utility substation, dedicated; utility substation, distribution; telecommunications antenna; telecommunications monopole; and contractor service establishment, with outdoor storage up to 20% of lot area. III. BUILDING DESIGN Attachment 1

2 ZMAP Evergreen Meadows Page 2 A. Building Design. All buildings developed on Land Bay A of the Property shall consist of high-quality building materials. Building material surfaces shall include a minimum of thirty percent (30%) brick, stone, cultured stone, and/or architectural concrete and a combination of two (2) additional materials. Building materials and colors shall exhibit high-quality design with architectural elements such as, but not limited to, decorative cornices and window and door surrounds. Building elevations demonstrating compliance with this Proffer III.A. shall be reviewed by the Department of Planning and Zoning prior to the approval of the first site plan on Land Bay A of the Property. B. Acoustical Treatment. Acoustical treatment shall be provided for any building on Land Bay A to ensure interior noise levels do not exceed an average sound level of 50 dba. Compliance with this standard shall be based upon a certification from an acoustical engineer licensed in the Commonwealth of Virginia, which shall be submitted to Loudoun County prior to or concurrent with the issuance of a zoning permit for any building on Land Bay A, that the design and construction methods and materials to be used in the construction of the building are such that interior noise levels do not exceed an average sound level of 50 dba, assuming exterior noise levels of 65 dba. IV. MISCELLANEOUS A. Successors and Assigns. These Proffers shall bind and inure to the benefit of the Owner and its successors and assigns. B. Low Impact Development. The Owner shall implement at least one (1) Low- Impact Development ( LID ) Best Management Practice measure on Land Bay A of the Property. Such LID measure(s) may include, but shall not be limited to, bioretention facilities/rain gardens, water quality swales, sheet flow to vegetative filter strips, infiltration trenches, or any alternative LID practice proposed by the Owner and deemed to be acceptable to the Department of Building and Development. In selecting which LID measure(s) to implement, the Owner shall consult with the Department of Building and Development to identify the LID measure(s) deemed most likely to be effective based on the physical characteristics of Land Bay A of the Property. The location of the LID measure(s) shall be shown on each site plan or site plan amendment submitted to Loudoun County for Land Bay A of the Property. C. Specimen Tree. The Owner shall engage a Certified Arborist, Urban Forester, or Landscape Architect to prepare a tree preservation plan for Specimen Tree #671 ( Specimen Tree ) shown on Sheet 5 of the Concept Development Plan. The tree preservation plan shall be provided to the County for review and approval prior to the approval of the first site plan for Land Bay A of the Property. Such tree preservation plan shall identify the tree protection measures that shall be employed to protect the Specimen Tree during construction activities and provide

3 ZMAP Evergreen Meadows Page 3 for fencing outside the Critical Root Zone ( CRZ ) of the Specimen Tree. If construction activities are necessary within the CRZ of the Specimen Tree, then the tree preservation plan shall include invigoration techniques, such as root pruning and deep root fertilization. In addition, any utility line that must be located within the CRZ of the Specimen Tree shall be installed using a boring technique supervised by a Certified Arborist. In the event the Specimen Tree is damaged during construction or cannot be saved, the Owner shall replace the damaged Specimen Tree with four (4) 3 inch caliper native non-invasive deciduous trees. The placement of the replacement trees shall be proximate to the area of the Specimen Tree so removed, or in another area as requested by the County. The undersigned hereby warrants that all owners with any legal interest in the Property have signed this 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 the undersigned has full authority to bind the Property to these conditions, and that the Proffers are entered into voluntarily. [ SIGNATURE PAGE FOLLOWS ]

4 ZMAP Evergreen Meadows Page 4 OWNER OF Loudoun County PIN ## ; ; ; ; and (Tax Map ##101/D/1////12/; 101/D/1////13/; 101/D/1////14/; 101/D/1////15/; and 101/D/1////16/) CULLEN B. TILMAN By: Name: Title: STATE OF ) ) to-wit: COUNTY/CITY OF The foregoing Proffer Statement was acknowledged before me this day of, 2017, by, as of. Notary Public My Commission Expires: Notary Registration # [ SIGNATURES END ]

5 Conditions of Approval SPEX , Evergreen Meadows April 6, Substantial Conformance. The development of the Special Exception described in Condition 2 below shall be in substantial conformance with Sheets 1, 3, 4 and 5 of 5 of the plan set entitled EVERGREEN MEADOWS ZONING MAP AMENDMENT/SPECIAL EXCEPTION, prepared by Smith Engineering, dated July 29, 2016, revised through March 23, 2017 (the SPEX Plat ), and the Revised 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ). Approval of this application for Tax Map Number 101/D/1////12/ (PIN # ) and the portion of Tax Map Numbers 101/D/1////13/ and 101/D/1////14/ (PINs # , ) designated as LANDBAY B (the Property ) shall not relieve the Applicant or the owners of the Property, their successors, or parties developing, establishing, or operating the approved Special Exception use (collectively, the Applicant ) from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or applicable regulatory requirement. 2. Use Permitted. This Special Exception (SPEX) grants approval for a child or adult daycare center use, as defined in the Zoning Ordinance, in the CR-1 (Countryside Residential-1) zoning district (the SPEX Use ) in accordance with Section of the Zoning Ordinance. 3. Low Impact Development. The Applicant shall implement at least one (1) Low-Impact Development ( LID ) Best Management Practice measure on the Property. Such LID measure(s) may include, but shall not be limited to, bioretention facilities/rain gardens, water quality swales, sheet flow to vegetative filter strips, infiltration trenches, or any alternative LID practice proposed by the Owner and deemed to be acceptable to the Department of Building and Development. In selecting which LID measure(s) to implement, the Owner shall consult with the Department of Building and Development to identify the LID measure(s) deemed most likely to be effective based on the physical characteristics of Land Bay B of the Property. The location of the LID measure(s) shall be shown on each site plan (STPL) or site plan amendment (SPAM) submitted to Loudoun County for the SPEX Use. 4. Boundary Line Adjustment. The Property shall be consolidated through a boundary line adjustment application ( BLAD ). Said BLAD shall be submitted to the County for review and approval, and the approved boundary line adjustment plat shall be recorded prior to approval of the first STPL or SPAM for the SPEX Use. The BLAD shall result in the creation of two consolidated parcels as follows: Attachment 2

6 a. Adjacent parcels identified as PINs , , (portion) and (portion) shall be consolidated to create a single 1.92+/- acre parcel depicted as LANDBAY A on Sheet 4 of the SPEX Plat. b. Adjacent parcels identified as PINs , (portion) and (portion) shall be consolidated to create a single 2.51+/- acre parcel depicted as LANDBAY B on Sheet 4 of the SPEX Plat. c. The area of the two parcels may vary as a result of final engineering and/or dedication of right-of-way. 5. Building Design. All buildings developed on Land Bay B of the Property shall consist of high-quality building materials. Building material surfaces shall include a minimum of thirty percent (30%) brick, stone, cultured stone, and/or architectural concrete and a combination of two (2) additional materials. Building materials and colors shall exhibit high-quality design with architectural elements such as, but not limited to, decorative cornices and window and door surrounds. Building elevations demonstrating compliance with this condition shall be approved by the Department of Planning and Zoning prior to the approval of the first STPL or SPAM for the SPEX Use on Land Bay B of the Property. 6. Parking. In addition to the minimum number of parking spaces required by the Zoning Ordinance, a minimum of eight (8) parking spaces shall be provided that are specifically designated for the pick-up and drop-off of children. The Applicant shall provide signage to indicate that the parking spaces shown on Sheet 4 as labeled with an asterisk and identified in the Legend as designated pick-up and drop-off spaces are limited to the pickup and drop-off of children. All parking spaces, pick-up and drop-off spaces, and signage shall be shown on the first STPL or SPAM for the SPEX Use. 7. Buffering and Screening Modification. Pursuant to Section (C) of the Zoning Ordinance, this Special Exception grants approval of the following modification to the Buffering and Screening requirements of Section , as shown on Sheet 4 of the SPEX Plat: Zoning Ordinance Section Table (A) of , Buffer Yard and Screening Matrix. Modification Description Eliminate the required Type 1 side yard buffer yard along the Property s shared boundary between the proposed PD-IP zoning district and the existing CR- 1 zoning. 8. Buffering and Screening. Buffering and screening shall be provided as shown on Sheet 4 of the SPEX Plat. All buffering and screening shall be depicted on the first STPL submitted for the SPEX Use. Such buffering and screening shall be bonded for installation prior to or in conjunction with the approval of the first STPL or SPAM for the SPEX Use and shall be installed prior to the issuance of the first Occupancy Permit for the SPEX Use. The Applicant shall maintain all buffering and screening in good

7 condition and the Applicant shall replace any dead or diseased materials with reasonable promptness, taking into account seasonal weather limitations. 9. Acoustical Treatment. Acoustical treatment shall be provided for any building on Land Bay B to ensure interior noise levels do not exceed an average sound level of 50 dba. Compliance with this standard shall be based upon a certification from an acoustical engineer licensed in the Commonwealth of Virginia, which shall be submitted to Loudoun County prior to or concurrent with the issuance of a zoning permit for any building on Land Bay B, that the design and construction methods and materials to be used in the construction of the building are such that interior noise levels do not exceed an average sound level of 50 dba, assuming exterior noise levels of 65 dba. 10. Highway Noise. The applicant will provide a noise impact study to the County that will determine the need for any additional buffering and noise attenuation measures along Evergreen Mills Road. The noise impact study shall be based upon traffic volumes for these roadways at a time 10 to 20 years from the start of construction based upon the most recent, applicable forecast available from the Department of Transportation and Capital Infrastructure, the ultimate road configuration as defined in the 2010 Countywide Transportation Plan ( CTP ), and the ultimate design speed, pavement type and proposed topography. This noise impact study will be conducted by a professional acoustical consultant and submitted to the County concurrently with the submission of the first STPL or SPAM, whichever is first in time. The noise impact study will be prepared using the latest version of the Federal Highway Administration's Traffic Noise Prediction Model. Noise impacts shall be deemed to occur if predicted highway noise levels substantially exceed the existing noise levels (a 10 decibel increase over existing levels) or approach (one decibel less than), meet, or exceed the Noise Abatement Criteria identified in the CTP. For all uses deemed to be subject to such noise impacts, noise attenuation measures shall be provided along the specified roadways sufficient to mitigate the anticipated noise impacts prior to the issuance of any occupancy permits for any impacted structures. Such noise attenuation measures shall be shown on the applicable site plan or construction plan. Noise attenuation measures shall result in noise levels less than impact levels (2 decibels less than the Noise Abatement Criteria) and shall result in a noise reduction of at least 5 decibels below predicted highway noise levels. Where noise attenuation measures are determined to be required, priority shall be given to passive measures (to include adequate setbacks, earthen berms, wooden fences, and vegetation). Structural noise attenuation measures (e.g., noise walls) shall be used only if adequate noise attenuation cannot otherwise be achieved. The first occupancy permit for the child care center in or other noise-sensitive use in Landbay B adjacent to the specified roadways shall not be issued until the Owner/Applicant has provided written documentation from Loudoun County Department of Building and Development staff or the Zoning Administrator that such required attenuation measures have been constructed or installed or are not required.

8 11. Right-of-Way Dedication. The Applicant shall dedicate from the Property, at no public cost, right-of-way, along with all necessary related road construction and maintenance easements, such as slope maintenance, storm drainage, temporary construction, and utility relocation easements located outside of the right-of-way, sufficient to accommodate the widening of Evergreen Mills Road (Route 621) to the ultimate dimension specified in the 2010 Revised Countywide Transportation Plan, including planned bicycle and pedestrian facilities, as shown on the Sheet 4 of the SPEX Plat with said area of dedication labeled as APPROXIMATE RIGHT-OF-WAY DEDICATION ±4,369 SF. Any right-of-way and all related easements necessary to accommodate said road widening shall be dedicated upon the approval of the first STPL or SPAM for the Property, with requisite construction plans, plats and deeds prepared by the Applicant. Note: Prior to the approval of the first zoning permit for the SPEX Use, the Applicant has agreed to provide Loudoun County a one-time contribution for the benefit of the servicing fire and rescue companies in the amount of $0.10 per gross square foot of the non-residential floor area of the SPEX Use for distribution by the County to the volunteer fire and rescue companies that provide service to the Property. The amount of such contribution shall be adjusted annually from the base year of 1988 and change effective each January 1st thereafter, in accordance with changes to the Consumer Price Index, for all urban consumers (CPI-U), =100 (not seasonally adjusted) as published by the Bureau of Labor Statistics, United States Department of Labor for the Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan Statistical Area. Contributions pursuant to this Note shall be divided equally between the servicing volunteer fire and rescue companies providing fire and rescue services to the subject property. Notwithstanding the foregoing, if at the time of the application for any such zoning permit, the primary servicing fire and rescue companies do not utilize, to any significant extent, either volunteer staff or apparatus owned by a volunteer organization, then Applicant may elect to make no contribution. The intent of this Note is to support volunteer fire and rescue staffing and operations so long as any significant element of the primary provider of fire and rescue services to the Property is volunteer owned or operated. If only one of these services has ceased to utilize volunteer staff and apparatus as described above in this Note, then the contribution may be halved and shall be provided to the remaining company.

9 Findings for Approval ZMAP , SPEX , ZMOD , ZMOD Evergreen Meadows April 6, The proposed rezoning and Special Exception applications are consistent with the policies of the Plan and the Countywide Retail Policy Plan for retail development within business areas. 2. The application is in general compliance with the zoning district regulations provided in the Revised 1993 Zoning Ordinance for a Facility for Lessons in Dance, Gymnastics, Judo and Sports Training in the PD-IP (Planned Development Industrial Park) zoning district and a Child or Adult Daycare Center in the CR-1 (Countryside Residential-1) zoning district. 3. Elimination of internal buffer yards between uses would not have an adverse impact on adjacent properties and is offset by an enhanced Buffer Yard provided along the side and rear property lines adjacent to residential zoned properties. 4. The proposed development incorporates external adequate buffer yards to screen the commercial uses from adjacent residential uses. 5. Modification of the requirements of Section 4-505(B)(2) to reduce the minimum yard and parking requirements for buildings to an existing or zoned residential district (western and southern property lines) will not have an adverse impact on adjacent uses due to the proffered elimination of PD-IP uses that are typically incompatible with adjacent residential uses. Attachment 3

10 STATEMENT OF JUSTIFICATION ZMAP SPEX ZMOD ZMOD Evergreen Meadows Rezoning a portion of the Subject Property from the CR-1 district to the PD-IP district Special Exception to permit a child care center in the CR-1 district Zoning Modification to modify building setbacks, district size, and buffer requirements Loudoun PIN ## , , , , and ; /- acres (the Subject Property ) March 23, 2017 I. Introduction Evergreen Mills Road, LLC is the applicant for the proposed applications (the "Applicant") to accommodate a child care center and a facility for lessons in dance, gymnastics, judo and sports training ( dance facility ) on the Subject Property. The Subject Property is currently zoned Countryside Residential-1: CR-1 ( CR-1 ) pursuant to the Revised 1993 Loudoun County Zoning Ordinance ( Zoning Ordinance ). A child care center is permitted by Special Exception in the CR-1 district. A dance facility is not a permitted or Special Exception use in the CR-1 district. To accommodate the dance facility, a rezoning of a portion of the Subject Property is required. The dance facility can be established on the Subject Property through a rezoning of a portion of the Subject Property from the CR-1 district to the PD-IP Planned Development Industrial Park ( PD-IP ) district. The rezoning of a portion of the Subject Property to the PD-IP district will require the modification of some building and parking setbacks and buffer area requirements. The Subject Property is located in the Blue Ridge Election District on the south side of Evergreen Mills Road (Route 621) between the intersection of Belmont Ridge Road (Route 659) to the east and the future intersection of Northstar Boulevard to the west. The Revised General Plan (the "Plan") designates the Subject Property for Business land uses. The LDN 65 Noise Contour encompasses the entire Subject Property. II. Proposal Attachment 4

11 Evergreen Meadows Statement of Justification Page 2 of 7 The Subject Property s existing zoning does not conform to its planned Business land use designation. Nor does the Countryside Residential zoning comply with the LDN 65 Noise Contour which entirely covers the Subject Property. Existing residences do exist on the Subject Property and on nearby properties; however, residential uses do not conform to Loudoun County s long term planning vision for this area. The proposed child care center utilizes the Special Exception provisions of the CR-1 district to create an employment-based child care center in an area designated for Business uses. Despite the Applicant s exhaustive efforts to modify the regulations of the CR-1 district through the Zoning Ordinance Amendment process to permit the dance facility use, these efforts have been stymied by a lack of substantive progress and a lack of clarity concerning the outcome of this process. The length of time and unknown outcome of the Zoning Ordinance Amendment process has forced the Applicant to pursue a rezoning of a portion of the Subject Property. The PD-IP district will accommodate the dance facility as a permitted use. The dance facility will serve as a complementary use to the adjacent child care center in terms of the functional nature and peak usage periods of each use. Both uses will be focused on the mental and physical development of children. The child care center will be used mostly during the day and the dance studio will be used mostly during the afternoon and evening. Additionally, a public recreation use is being proposed on the property immediately to the south of the Subject Property. This is an additional complementary use to the child care center and dance facility. These uses will result in the creation of a child-friendly enclave in the midst of nearby residential uses. The child care center will be approximately 10,000 square feet and will accommodate approximately 160 children. The required 12,000 square feet of outdoor play area is provided on the Subject Property. The designated number of pick-up/drop-off parking spaces are provided at a convenient location providing safe and clearly designated access to the child care center entrance. Even though a reduction in parking is standard practice for most child care centers in Loudoun County due to the unnecessarily high number of parking spaces required for child care centers, the Applicant is not requesting a reduction in the number of parking spaces. The portion of the Subject Property in which the child care center will be located can accommodate the required amount of child care center parking. The dance facility will be operated by a family-owned business which currently operates three dance facilities in Loudoun County and one in Fairfax County. The dance facility will be approximately 12,000 square feet. To accommodate the rezoning of a portion of the Subject Property from the CR-1 district to the PD-IP district, certain district size, building and parking setbacks, and buffer areas require modification. III. Transportation

12 Evergreen Meadows Statement of Justification Page 3 of 7 According to the Traffic Impact Analysis, prepared by Wells + Associates, Inc., dated August 11, 2016, the proposed uses will, conservatively, generate 157 AM peak hour and 215 PM peak hour trips. The trips generated by the proposed uses would result in negligible impacts on the surrounding transportation network. As early as 2017, the existing traffic flow along this portion of Evergreen Mills Road will be greatly improved by the completion of Shreveport Drive. This roadway will serve as a bypass of this portion of Evergreen Mills Road and Arcola, which will significantly enhance the traffic flow along Evergreen Mills Road. The additional improvements to Creighton Road, Loudoun County Parkway, Old Ox Road, Northstar Boulevard and Evergreen Mills Road will complete the missing links in the surrounding transportation network thus relieving the transportation burden that currently exists on Evergreen Mills Road. IV. Zoning Map Amendment Review Criteria Section (E) of the Zoning Ordinance contains application evaluation criteria for approval of rezoning applications and, in considering a rezoning application, the following enumerated factors shall be given reasonable consideration. The Zoning Ordinance specifies that an applicant is to address each factor in its statement of justification unless such criteria are deemed inapplicable to the application. The following represents the Applicant s response to these issues: (1) (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. The proposed rezoning will facilitate the development of a dance facility which conforms to the Business land use policies of the Plan. Additionally, the dance facility is complementary to the proposed child care center and the adjacent recreation use that will be developed to the south of the Subject Property. (2) (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. The existing character of the area is residential. However, due to the location of the Subject Property within the limits of the LDN 65 Noise Contour, and the planned Business land use designation which applies to the Subject Property and the surrounding area, no future residential uses are planned to be developed on the Subject Property or on surrounding properties. Over time, the adjacent properties will develop with Business land uses along the lines of what is being proposed in this application.

13 Evergreen Meadows Statement of Justification Page 4 of 7 (3) (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. Sewer and water will be readily available on the Subject Property. Through the completion of road improvements to the surrounding transportation network, the trips produced as a result of the proposed application will be adequately accommodated. (4) (E) (4) The requirements for airports, housing, schools, parks, playgrounds, recreational areas and other public services. The necessary airport and recreational requirements of the Zoning Ordinance are being accommodated as part of the proposed application. (5) (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. The proposed rezoning will not have a negative impact on environmental or natural features on the Subject Property. (6) (E) (6) The protection of life and property from impounding structure failures. This criterion does not apply to the proposed rezoning. V. Special Exception Issues for Consideration In considering a minor special exception or special exception application, the following factors shall be given reasonable consideration. The Applicant shall address all the following in its statement of justification and plat unless not applicable, in addition to any other standards imposed by the Zoning Ordinance. The following represents the Applicant s response to these issues: (1) (1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. The proposed child care center is consistent with the Business policies of the Plan.

14 Evergreen Meadows Statement of Justification Page 5 of 7 (2) (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. The proposed child care center does not include any noise, light, glare, odor or other emissions that would negatively impact surrounding uses. (3) (3) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. The proposed child care center will serve as a compatible use with the existing residential uses and the future Business uses in this area. (4) (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. The proposed child care center will not have a negative impact on the environmental or natural features of the Subject Property. (5) (5) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public. The proposed child care center will serve as a public amenity in this portion of Loudoun County which is lacking in ample child care support services. (6) (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. The proposed child care center will be served adequately by public services. VI. Building/Parking Setbacks and Buffer Zoning Modification The Applicant is requesting a modification of Sections (B) (2), 4-502, and (A) to accommodate the rezoning of a portion of the Subject Property from the CR-1 district to the PD-IP district. By rezoning from the CR-1 district to the PD-IP district in an area surrounded by the CR-1 district, certain additional building and parking setbacks and buffer area stipulations are required. Due to the benign nature of the proposed dance facility use, the Applicant is requesting that the regulations be modified or eliminated to accommodate the proposed application.

15 Evergreen Meadows Statement of Justification Page 6 of 7 Section (B) (2) requires that no building, outdoor storage, areas for collection of refuse, or loading area shall be permitted closer than 75 feet to any agricultural district, any existing or zoned residential district, or land bay allowing residential uses. No parking shall be permitted closer than 35 feet to any such districts and uses. No parking, outdoor storage, areas for collection of refuse, or loading space shall be permitted in areas between buildings and such agricultural districts, existing or planned residential districts, or land bays allowing residential uses where such uses are visible from the said agricultural and residential areas. The Applicant is proposing a reduction of the building setback to 35 feet. Section requires that a PD-IP district be no less than twenty (20) acres in size. The Applicant is requesting a reduction in this district size to 1.92 acres to accommodate the proposed dance studio. Section (A) requires a Type I buffer be provided between a Group 6 and Group 4 use which would create the need for a buffer yard in the middle of the proposed parking area. The Applicant is not proposing a buffer yard or setback between the two uses as this would harm the ability to provide a shared parking area between the two uses. To accommodate the proposed child care center and dance facility on the Subject Property, these Zoning Ordinance requirements need to be modified. The proposed layout is made possible by the assemblage of five separate properties. This assemblage enables the construction of an innovative design in which the complementary child care center and dance facility uses will be able to share one parking field. The proposed reduced building setback area is still of a substantial width, will not reduce the size of the buffer area as the 35-foot parking setback will remain, and will be inclusive of vegetation to mitigate any potential visual impacts. To help address any compatibility concerns, the Applicant has submitted a proffer statement that prohibits some of the more intensive land uses that would otherwise be permitted in the PD-IP district. This prohibition of permitted uses restricts the potential future development of incompatible land uses locating on the Subject Property and further supports the reduction of the building setback abutting the western boundary of the Subject Property. Without the elimination of the buffer area between the proposed uses on Land Bays A and B, the proposed uses would be unable to accommodate the necessary parking and a parking reduction would be necessary. The compatible nature of the proposed uses in relation to each other and the adjacent residential and recreational uses further supports the request to reduce the building setback, district size, and buffer requirements on the Subject Property. VII. Conclusion

16 Evergreen Meadows Statement of Justification Page 7 of 7 The proposed application will enable the creation of two facilities focused on the mental and physical development of Loudoun County s children. The proposed child care center and dance facility will create employment based uses in an area of the County designated for Business uses. The proposed child-centric uses are complementary to the existing nearby residential uses and the proposed recreation use to the south of the Subject Property. The proposed application represents a positive land use evolution in this portion of the County. While respecting the existing residential uses and airport noise contours, the Applicant is setting a positive example for the manner by which future Business land uses are developed in this area. For all of the foregoing reasons, the Applicant respectfully requests prompt positive consideration of the application from County staff, the Planning Commission and the Board of Supervisors.

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24 COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING DATE: January 12, 2017 TO: FROM: CC: APPLICATION: Steve Barney, Project Manager Land Use Review Brian Wegener, Planner Zoning Administration Christopher Mohn, Deputy Zoning Administrator ZMAP , SPEX , ZMOD Evergreen Meadows, 2 nd Submission PIN, Tax Map #: , , , , /D/1////14/, 101/D/1////15/, 101/D/1////16/, 101/D/1////13/, 101/D/1////12/ The subject property is zoned CR-1, Countryside Residential-1, under the Revised 1993 Loudoun County Zoning Ordinance and is located in the Airport Impact Overlay District (AI) (LDN65). The application is submitted to: Rezone the two westernmost parcels and a portion of Lot 13 and Lot 14 to PD-IP, Planned Development-Industrial Park; Establish a child daycare center in the CR-1 district, a special exception use per Section 2-504(X) and pursuant to specific use regulations in Section 5-609, on the three easternmost parcels; Modify the 75-foot building setback required in Section 4-505(B)(2) and along the west and south lot lines on landbay A, when a PD-IP development is located adjacent to a residential use or district, to reduce the setback to 35 feet; Modify Section (A), which requires a Type 1 side buffer yard between the PD-IP landbay and the child daycare center landbay, so that no buffer is required; and, Modify Section 4-502, which requires that PD-IP districts be at least 20 acres when mapped, so that a 1.92-acre PD-IP district can be established. Zoning Administration has reviewed the material submitted with the December 15, 2016 Referral Memorandum and offers the following. 1. For advertisement purposes, the Project Manager should note the adjustment in zoning district boundaries newly proposed in this second submission, as the proposed PD-IP district now includes four of the subject parcels. 2. At time of site plan, the applicant will need to demonstrate conformance with Section (C)(1). That Section indicates that no landscape strip is required where abutting parcels share a common access drive or parking lot circulation travelway, so long as the required plantings are provided elsewhere on site. 3. Proffer I.A should reference Section (A), which pertains to minor modifications to the concept development plan for final engineering purposes. 4. The submittal indicates that the purpose of the zoning map amendment is to

25 accommodate a facility for lessons in dance, gymnastics, judo and sports training, a use permitted in the requested PD-IP district per Section 4-503(E). While the applicant has proffered to preclude five permitted PD-IP uses from being established on the property, any of the other uses permitted in the PD-IP district could be established on this site should the zoning map amendment be approved. Some of those uses may have deleterious impacts on the surrounding area given their industrial disposition. 5. Proffer III.A should be linked to time of site plan review, not occupancy permit; the Department of Planning and Zoning does not review occupancy permits. 6. Proffer III.B calls for interior noise levels no greater than 50 decibels. This proscription should be clarified. Does this mean that activity within the building shall not result in exterior noise levels in excess of 50 decibels? Zoning Map Amendment and Special Exception Issues for Consideration. The Planning Commission must evaluate the proposed zoning map amendment and special exception in light of the issues for consideration respectively listed in Sections (E) and

26 COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING DATE: October 21, 2016 TO: FROM: CC: APPLICATION: Steve Barney, Project Manager Land Use Review Brian Wegener, Planner Zoning Administration Christopher Mohn, Deputy Zoning Administrator ZMAP / SPEX , Evergreen Meadows 1 st Submission PIN, Tax Map #: , , , , /D/1////14/, 101/D/1////15/, 101/D/1////16/, 101/D/1////13/, 101/D/1////12/ The subject property is zoned CR-1, Countryside Residential-1, under the Revised 1993 Loudoun County Zoning Ordinance and is located in the Airport Impact Overlay District (AI) (LDN65). The application is submitted to: Rezone the two westernmost parcels to PD-IP, Planned Development-Industrial Park; Establish a child daycare center in the CR-1 district, a special exception use per Section 2-504(X) and pursuant to specific use regulations in Section 5-609, on the three easternmost parcels; Modify the 75-foot building setback required in Section 4-505(B)(2) and along the west and south lot lines on landbay A, when a PD-IP development is located adjacent to a residential use or district, to reduce the setback to 35 feet; Modify Section (A), which requires a Type 1 side buffer yard between the PD-IP landbay and the child daycare center landbay, so that no buffer is required; and, Modify Section (C)(1), which requires a 10-foot wide landscape strip between the parking areas for the PD-IP landbay and the child daycare center landbay, so that no landscape strip is required. Zoning Administration has reviewed the material submitted with the September 7, 2016 Referral Memorandum and offers the following. ZONING MODIFICATIONS 1. Zoning Administration recommends that a zoning modification (ZMOD) application number be assigned to assist with tracking the requested modifications. 2. Under Section VI and on page 5 of the Statement of Justification (SOJ), the correct reference to Section (C)(1) should be used, not Section 5-143(C)(1) as currently noted. 3. The applicant is requesting to modify Section (C)(1), presumably so that no landscape strip is required between the parking areas serving the PD-IP use and the child daycare center. Zoning Administration questions the need for this request, as that Section

27 indicates that no landscape strip is required where abutting parcels share a common access drive or parking lot circulation travelway, so long as the required plantings are provided elsewhere on site. If the applicant wishes to proceed with this modification, the third paragraph on page 6 of the SOJ and General Note 3.4 on Sheet 1 of the plan set should specifically describe the location of the peripheral parking lot landscaping where the modification would apply. CONCEPT DEVELOPMENT PLAN / SPECIAL EXCEPTION PLAT 4. The proposal is to rezone two parcels that total 1.73 acres to PD-IP. Section requires that PD-IP districts be at least 20 acres when mapped. The acreage of the subject property is deficient. A zoning modification request is required to proceed. 5. The submittal indicates that the purpose of the zoning map amendment is to accommodate a facility for lessons in dance, gymnastics, judo and sports training, a use permitted in the requested PD-IP district per Section 4-503(E). However, the applicant has not specifically committed to establishing that use. Without such a proffered commitment, any use permitted in the PD-IP district could be established on this site should the zoning map amendment be approved. 6. A photometric plan should be submitted to demonstrate conformance with lighting standards in Section (A). 7. The Concept Development Plan (CDP, Sheet 3) should correct notes pertaining to the required parking setback; in accordance with Section 5-900(A)(10) and Section 4-505(B)(2), the parking setback must be at least 35 feet, not 60 feet as noted. 8. Pursuant to Section 4-506(B), maximum permitted building height is 60 feet, not 45 feet as indicated on the CDP. The note should be corrected. 9. The applicant should verify that required yards and setbacks are provided from the ultimate right-of-way of Evergreen Mills Road. 10. The two notes on Sheet 3 pertaining to minor modifications to the CDP for final engineering should be replaced with references to Section (A). The two notes on Sheet 4 pertaining to minor modifications to the special exception plat for final engineering should be replaced with references to Section (A). 11. Landscape buffers should be shown along the south lot line. A facility for lessons in dance, gymnastics, judo and sports training is a land use group 6, which requires a Type 2 buffer yard adjacent to a land use group 1. A child daycare center is a land use group 4, which also requires a Type 2 buffer yard adjacent to a land use group The floor area ratio notes on Sheet 4 should be removed as these do not apply in the CR-1 zoning district. 13. The applicant should note that boundary line adjustments may be required prior to site plan approval. Zoning Map Amendment and Special Exception Issues for Consideration. The Planning Commission must evaluate the proposed zoning map amendment and special exception in light of the issues for consideration respectively listed in Sections (E) and

28 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: March 9, 2017 TO: FROM: Steve Barney, Project Manager Department of Planning and Zoning Robert S. Brown, Regional Transportation Coordinator DTCI, Capital Project Coordination, Funding and Policy Division SUBJECT: ZMAP & SPEX Evergreen Meadows Third Referral Background This referral updates the status of comments noted in the second Department of Transportation and Capital Infrastructure (DTCI) referral on these applications, dated January 13, The Zoning Map Amendment application seeks approval to rezone approximately 1.77 acres (two parcels) from the Countryside Residential (CR-1) zoning district to the Planned Development Industrial Park (PD-IP) zoning district to allow a 12,000 SF dance studio under the Revised 1993 Zoning Ordinance, and a Special Exception (SPEX) application on three adjacent parcels to allow a 10,000 SF (up to 160 children) child care center in the CR-1 zoning district. The site is located on the south side of Evergreen Mills Road and access is proposed by a full access entrance about 670 feet west of the intersection of Evergreen Mills Road (VA Route 621) and Belmont Ridge Road (VA Route 659) / Briarfield Lane. A second right-in and right-out driveway, about 250 feet to the east of the full access driveway, included with earlier proposed versions of this development, has been eliminated. This update is based on DTCI review of materials received from the Department of Planning and Zoning on February 10, 2017, including (1) an Information Sheet, dated February 9, 2017; (2) a revised draft Proffer Statement dated February 7, 2017; (3) a Response to Second Referral Comments letter dated February 8, 2017, and (4) a Zoning Map Amendment and Special Exception Plat (plan set) prepared by Smith Engineering, dated July 29, 2016 and revised through February 6, Status of Transportation Comments and Recommendations Comments 1a, 1b, 2, and 5 were previously addressed as noted in DTCI s Second Referral dated January 13, The following comments, which remained outstanding in the second DTCI referral have been fully addressed by the Applicant in its most recent submission:

29 ZMAP & SPEX Evergreen Meadows DTCI Third Referral Comments March 9, 2017 Page 2 Comment 3: Westbound Left-Turn Lane on Evergreen Mills Road VDOT, in its January 12, 2017 comment letter indicated that it would not require a left-turn lane from westbound Evergreen Mills Road into the site based on the expectation of decreased volumes on Evergreen Mills Road when Shreveport Drive is connected to Evergreen Mills Road, which is anticipated to occur by the end of VDOT, however, did indicate that if through traffic on this portion of Evergreen Mills Road was, as currently planned, being maintained from Belmont Ridge Road to the future Shreveport Drive connection to the west, there will likely be some delays on Evergreen Mills Road caused by left turns into the site if the left-turn lane is not provided. The County s adopted FY CIP identifies funding for widening of this segment of Evergreen Mills Road to a four-lane divided section after FY 2022, and the proposed draft FY CIP includes initial funding for this project beginning in FY It is likely this construction would have some impact on a left-turn lane if it were to be constructed as part of these applications. In addition, the Applicant has proposed a dedication of right-of-way along its frontage that accommodates the ultimate four-lane section for Evergreen Mills Road. Therefore, DTCI accepts the Applicant s response to this comment to not build a left-turn lane with these applications. Comment addressed. Comment 4: Site Driveway Location / Intersection Spacing The Applicant has responded that the proposed site driveway location is based on existing conditions, not based on some future design for the intersection of Belmont Ridge Road and Evergreen Mills Road. Therefore, this measurement did not take into consideration the potential reconfiguration of the intersection of Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane, which could include a roundabout or modifications to the existing signalized intersection. Per the County s adopted FY CIP, the County is planning to fund the construction of improvements to this intersection beginning in FY 2022 and fund design starting in FY 2021 (the draft FY CIP proposes to advance design funding to begin in FY 2020). Given the uncertainty of the County s eventual design of this intersection, the Applicant could not reasonably be expected to know the future intersection configuration. Comment addressed. Conclusion DTCI has no objection to the approval of these applications. cc: Penny Newquist, Deputy Director, DTCI Kathleen Leidich, Assistant Director, DTCI Lou Mosurak, Senior Coordinator, DTCI Tom Walker, Land Use Engineer, VDOT

30 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: January 13, 2017 TO: FROM: Steve Barney, Project Manager Department of Planning and Zoning Robert S. Brown, Senior Transportation Planner DTCI, Transportation Planning and Operations Division SUBJECT: ZMAP & SPEX Evergreen Meadows Second Referral Background This referral updates the status of comments noted in the first Department of Transportation and Capital Infrastructure (DTCI) referral on these applications, dated November 22, The Zoning Map Amendment application seeks approval to rezone approximately 1.77 acres (two parcels) from the Countryside Residential (CR-1) zoning district to the Planned Development Industrial Park (PD-IP) zoning district to allow a 12,000 SF dance studio under the Revised 1993 Zoning Ordinance, and a Special Exception (SPEX) application on three adjacent parcels to allow a 10,000 SF (up to 160 children) child care center in the CR-1 zoning district. The site is located on the south side of Evergreen Mills Road and access is proposed by a full access entrance about 670 feet west of the intersection of Evergreen Mills Road (VA Route 621) and Belmont Ridge Road (VA Route 659) / Briarfield Lane. A second right-in and right-out driveway, about 250 feet to the east of the full access driveway, included with the first referral, has been eliminated. This update is based on DTCI review of materials received from the Department of Planning and Zoning on December 16, 2016, including (1) an Information Sheet, dated December 15, 2016; (2) a revised Statement of Justification prepared by the Applicant, dated December 13, 2016; (3) a Left -Turn Warrant analysis prepared by Wells & Associates; (4) a draft Proffer Statement dated December 13, 2016; (5) a Response to First Referral Comments letter dated December 13, 2016, and (6) a Zoning Map Amendment and Special Exception Plat (plan set) prepared by Smith Engineering, dated July 29, 2016 and revised through December 7, Status of Transportation Comments and Recommendations Staff comments from the first DTCI referral (November 22, 2016) as well as the Applicant s responses (quoted directly from its December 13, 2016 response letter), and comment status are provided below.

31 ZMAP & SPEX Evergreen Meadows DTCI Second Referral Comments January 13, 2017 Page 2 1. Initial Staff Comment (First Referral, November 22, 2016): The following are issues that will not affect the outcome of the TIS but which should be corrected in future versions of the study: a. An explanation is needed in the TIS for the statement on Page 6 of the TIS, Existing Traffic Counts, as to the rationale for multiplying the PM peak hour volume by 10 to calculate the average daily traffic on all approaches to the intersection of Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane. Applicant s Response (December 13, 2016): Typically the PM peak hour volume is between 8 and 12 percent of the average daily traffic on a roadway link. The traffic study includes peak hour turning movement counts at the Evergreen Mills Road / Belmont Ridge Road / Briarfield Lane intersection. A review of 2015 ADT data published by VDOT indicates that the PM peak hour volumes are between 9 and 12 percent of the ADT. For purposes of calculating the ADT, the peak hour turning movement counts were multiplied by 10, the middle of the typical range. Comment Status: DTCI accepts the Applicant s response; comment addressed. b. The ADT shown in Figure 3 for Briarfield Lane should be based on the ATR data which indicated that Briarfield Lane carries 718 vehicles per day. Applicant s Response (December 13, 2016): The ADT shown in Figure 3 for Briarfield Lane was calculated by multiplying the PM peak hour volumes on Briarfield Lane from the Evergreen Mills Road / Belmont Ridge Road / Briarfield Lane intersection by 10 to remain consistent with the estimate for the other approaches. Compared to the collected data, the calculated ADT results in a difference of 118 vehicles over a 24- hour period. Comment Status: DTCI accepts the Applicant s response; comment addressed. 2. Initial Staff Comment (First Referral, November 22, 2016): DTCI notes that the CDP/SPEX plat and TIS show a right-in / right-out access point onto Evergreen Mills Road. The 2010 CTP (Chapter 2, Design and Construction Standards Policy 5) states, in part, that direct access from individual lots to arterial and major collector roads is not permitted in the Suburban Policy Area. Evergreen Mills Road is designated on the 2010 CTP as a major collector roadway. As such, DTCI recommends that this access point be removed and all site access consolidated at the westernmost proposed site driveway. Further, the TIS indicates that a single, full movement site access will function at acceptable LOS without the additional proposed right-in / right-out site access, and the CDP/SPEX plat depicts interparcel access, allowing for full movement access to both proposed uses on the combined site. Applicant s Response (December 13, 2016): The right-in/right-out entrance has been removed and the westernmost site entrance will serve as the access point for both land bays.

32 ZMAP & SPEX Evergreen Meadows DTCI Second Referral Comments January 13, 2017 Page 3 Comment Status: Comment addressed with the Applicant s removal of the right-in / right-out (RIRO) entrance as shown on Sheet 4 of 5 in the SPEX plat dated December 7, Initial Staff Comment (First Referral, November 22, 2016): DTCI concurs with VDOT s comments of October 20, 2016 that the Applicant should evaluate the proposed access points for VDOT warrants for right- and left-turn lanes. Applicant s Response (December 13, 2016): The TIS has been updated to evaluate the westernmost site entrance for right and left turn lanes. The analysis assumes a single eastbound lane and a single westbound lane on Evergreen Mills Road and the existing road network at the time of the traffic counts June 8, The evaluation shows that an eastbound right turn lane is not warranted and a separate westbound left turn lane is warranted based on AM and PM peak hour volumes. As discussed in the Traffic Impact Analysis, improvements to the road network including the extension of North Star Boulevard south to Route 50, the extension of Creighton Road from North Star Boulevard to Evergreen Mills Road, the completion of Loudoun County Parkway with a connection to Shreveport Drive and Creighton Road, and the configuration of the Shreveport Drive intersection at Evergreen Mills Road are anticipated to alleviate congestion at the Belmont Ridge Road / Evergreen Mills Road / Briarfield Lane intersection, and reduce traffic along Evergreen Mills Road across the site frontage. With only a 30 percent diversion of peak hour traffic from Evergreen Mills Road, a separate left turn lane would not be warranted at the site driveway. Comment Status: The 2010 CTP indicates that left- and right-turn lanes are required at major intersections along Evergreen Mills Road. The Applicant s additional warrant study for turn lanes indicated that an eastbound right-turn lane is not warranted and a westbound left-turn lane is warranted based on AM and PM peak hour volumes. The Applicant should install the left-turn lane, subject to VDOT approval, and provide the needed ROW dedication and frontage improvements to accommodate this turn lane, with the turn lane to be open to traffic prior to occupancy of the site. Comment not addressed. 4. Initial Staff Comment (First Referral, November 22, 2016): The Applicant should demonstrate that the proposed site access would comply with all spacing requirements based on the County s plans to improve the intersection of Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane, which could include a roundabout or modifications to the existing signalized intersection. Applicant s Response (December 13, 2016): The proposed driveway location meets the minimum spacing requirement of 660 feet from the Evergreen Mills Road / Belmont Ridge Road / Briarfield Lane intersection. Comment Status: It is not clear from the Applicant s response if the response was based on existing field conditions, or if the Applicant evaluated spacing requirements based on the County s plans to improve the intersection of Evergreen Mills Road /

33 ZMAP & SPEX Evergreen Meadows DTCI Second Referral Comments January 13, 2017 Page 4 Belmont Ridge Road / Briarfield Lane, which could include a roundabout or modifications to the existing signalized intersection. Comment not addressed. 5. Initial Staff Comment (First Referral, November 22, 2016): DTCI notes that the Applicant is proposing to dedicate sufficient right-of-way to accommodate the ultimate 2010 CTP cross section, including planned bicycle and pedestrian facilities Applicant s Response (December 13, 2016): Comment noted. Comment Status: Comment addressed. Conclusion Upon resolution of Comments 3 and 4 as noted above, DTCI could support approval of these applications. DTCI is available to meet with the Applicant to discuss the comments noted in this referral. cc: Kathleen Leidich, Assistant Director, DTCI Lou Mosurak, Senior Coordinator, DTCI

34 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: November 22, 2016 TO: FROM: Steve Barney, Project Manager Department of Planning and Zoning Robert S. Brown, Senior Transportation Planner DTCI, Transportation Planning and Operations Division SUBJECT: ZMAP & SPEX Evergreen Meadows First Referral Background The Zoning Map Amendment application seeks approval to rezone approximately 1.77 acres (two parcels) from the Countryside Residential (CR-1) zoning district to the Planned Development Industrial Park (PD-IP) zoning district to allow a 12,000 SF dance studio under the Revised 1993 Zoning Ordinance, and a Special Exception (SPEX) application on three adjacent parcels to allow a 10,000 SF (up to 160 children) child care center in the CR-1 zoning district. The site is located on the south side of Evergreen Mills Road and access is proposed by a full access entrance about 670 feet west of the intersection of Evergreen Mills Road (VA Route 621) and Belmont Ridge Road (VA Route 659) / Briarfield Lane and a second right-in and right-out driveway about 250 feet to the east of the full access driveway. A vicinity map is provided as Attachment 1. Department of Transportation and Capital Infrastructure (DTCI) review of these applications is based on materials received from the Department of Planning and Zoning on September 7, 2016, including (1) an Information Sheet, dated September 7, 2016; (2) a Statement of Justification prepared by the Applicant, dated August 26, 2016; (3) a Traffic Impact Study (TIS) prepared by Wells & Associates, dated August16, 2016; and (4) a Zoning Map Amendment and Special Exception Plan prepared by Smith Engineering, dated July 29, 2016 and revised through August 30, Compliance with the Countywide Transportation Plan The site is located within the Suburban Policy Area (Dulles 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). DTCI s assessment of the transportation network is based on review of existing, planned and programmed transportation facilities, review of the Applicant s traffic study, and applicable County policies.

35 Existing, Planned and Programmed Transportation Facilities ZMAP & SPEX Evergreen Meadows DTCI First Referral Comments November 22, 2016 Page 2 The proposed uses in these applications are located south of Evergreen Mills Road (VA Route 621) and west of Briarfield Lane. Site access (to the five parcels) today is provided by two private driveways. These applications propose a full access entrance about 670 feet west of the intersection of Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane and a second right-in and right-out driveway about 250 feet to the east of the full access driveway. Roadways and intersections serving the site are described below. 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. Evergreen Mills Road (VA Route 621) (segment between Shreveport Drive (VA Route 621 Relocated) and Belmont Ridge Road (VA Route 659)) is currently a two-lane local access undivided rural collector (R2 section). A Comprehensive Plan Amendment (CPAM ) approved by the Board of Supervisors on November 12, 2015 amended the 2010 CTP to add a segment of Evergreen Mills Road (VA Route 621) between Belmont Ridge Road (VA Route 659) and future Northstar Boulevard (VA Route 659 Relocated) to the CTP network as a four-lane median divided (U4M) major collector roadway, and to revise the planned ultimate condition for Evergreen Mills Road from a four-lane undivided roadway (U4) to a four-lane median divided roadway (U4M) between Belmont Ridge Road and Loudoun County Parkway (VA Route 606).The County s adopted CIP has budgeted funds for the ultimate widening of Evergreen Mills Road to its ultimate U4M condition, to include intersection improvements at Belmont Ridge Road / Briarfield Lane. The intersection with Belmont Ridge Road / Briarfield Lane is currently signalized. The 2015 Average Daily Traffic (ADT) volume along this segment of Evergreen Mills Road as reported by VDOT is 6,700 vehicles per day and has a posted speed limit of 35 MPH. The 2003 Bike & Ped Plan categorizes Evergreen Mills Road as a baseline connecting roadway along which bicycle and pedestrian facilities are envisioned. There are currently no bicycle/pedestrian facilities along Evergreen Mills Road in the vicinity of the site. For fourlane roads, Appendix 6 of the 2010 CTP calls for a 10-foot shared use path on one side of the roadway and a six-foot sidewalk on the other side. Belmont Ridge Road (VA Route 659) (segment from Creighton Road (VA Route 774) to Evergreen Mills Road) is classified as a major collector per the 2010 CTP. This segment of Belmont Ridge Road is currently built as a four-lane median divided (U4M) roadway from Creighton Road to Shreveport Drive. Between Shreveport Drive and Evergreen Mills Road it is a two-lane undivided rural section (R2) with a signalized intersection at Evergreen Mills Road. In its ultimate condition, Belmont Ridge Road is to remain a four-lane median divided urban collector (U4M) roadway from Creighton Road to Shreveport Drive, and widened to four-lanes median divided (U4M) from Shreveport Drive to Evergreen Mills Road. The entire segment of Belmont Ridge Road south of Northstar Boulevard (including the segment from Creighton Road to Evergreen Mills Road) will be re-classified as a minor collector in its ultimate condition once Northstar Boulevard is open to traffic south to U.S. Route 50. The 2015 Average Daily Traffic (ADT) volume along this segment of Belmont Ridge Road as reported by VDOT is 15,000 vehicles per day and has a posted speed limit of 45 MPH.

36 ZMAP & SPEX Evergreen Meadows DTCI First Referral Comments November 22, 2016 Page 3 Belmont Ridge Road is referenced in the 2003 Bike & Ped Plan as a baseline connecting roadway along which bicycle and pedestrian facilities are envisioned. Per the 2010 CTP, planned four-lane roads should have a 10-foot wide shared use path (within the ROW or centered within a 14-foot easement) and a six-foot wide sidewalk. Between Creighton Road and Shreveport Drive a sidewalk is in place along the west side of Belmont Ridge Road, and a shared use path is in place along much of the east side of the roadway. A sidewalk is also in place along the frontage of the Brambleton Public Safety Center on the west side of Belmont Ridge Road just south of Shreveport Drive. Review of Applicant s Traffic Impact Study (TIS) The Applicant submitted a Traffic Impact Study (TIS) dated August 16, 2016 as part of these applications that analyzed the Existing (2016), Background (2020) and Total Future (2020) conditions at the following intersections: Intersection #1: Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane Intersection #2: Full access at Evergreen Mills Road and Site Driveway 1 (future intersection) Intersection #3: Right-in / right-out access at Evergreen Mills Road and Site Driveway 2 (future intersection) Existing (2016) lane configurations and intersection controls for the Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane intersection (Intersection #1) are shown on Attachment 2 (Figure 3). The TIS assumed that future (2020) lane configurations and proposed intersection controls for roadways and intersections in the study area would be the same as existing (2016). It is noted that the Applicant s approved scoping agreement with DTCI did not require the Applicant to address mitigation at Intersection #1 in the future, because of the following: Improvements to Evergreen Mills Road, including the intersection with Belmont Ridge Road / Briarfield Lane, are under study by DTCI included in the County s adopted CIP. Traffic using the intersection of Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane is anticipated to decrease by the end of 2017 when Loudoun County Parkway is competed between US Route 50 and Creighton Road, and Shreveport Drive from Loudoun County Parkway to Evergreen Mills Road is fully open to all traffic. Existing (2016) Traffic Volumes and Levels of Service Traffic counts were collected during the weekday AM peak period (6:00 AM to 9:00 AM), and PM peak period (4:00 PM to 7:00 PM) on Wednesday June 8, A mechanical count by an automatic traffic recorder (ATR) was taken for 72 consecutive hours on Briarfield Lane, south of the intersection with Evergreen Mills Road, between June 7, 2016 and June 9, The ATR count showed an average daily volume on Briarfield Lane of 718 vehicles per day. Existing (2016) weekday AM and PM peak hour traffic volumes at the study intersection are also shown on Attachment 2.

37 ZMAP & SPEX Evergreen Meadows DTCI First Referral Comments November 22, 2016 Page 4 The TIS utilized Synchro 9.0 software based on the Highway Capacity Manual 2000 (HCM 2000) to determine Existing (2016) levels of service (LOS) at the one existing study intersection based on the existing roadway network, lane uses, traffic control devices, and traffic volumes. Results of the LOS analysis indicated that Intersection #1 currently operates at overall LOS F during both the AM and PM peak hours. During the AM peak hour, the eastbound shared through left lane and the westbound approach operate at LOS F, and the southbound approach operates at LOS E. During the PM peak hour, the westbound and southbound approaches operate at LOS F. Background (2020) Traffic Assumptions and LOS Analysis Background traffic forecasts for 2020 for the Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane intersection were developed based on existing traffic counts and a growth rate of 1.0 percent per year, compounded annually for four (4) years from 2016 to The TIS assumed that Evergreen Mills Road and Belmont Ridge Road, although planned to be improved in the future, were assumed to remain in their current configurations for this TIS in the project build out year The approved scoping agreement between the Applicant and DTCI directed the Applicant to not assume any changes in either roadway conditions or traffic patterns for the 2020 build out condition that would likely occur with the completion of Loudoun County Parkway by the end of Instead, this study assumes the existing road network and traffic distribution for the future 2020 conditions as what exists in The TIS utilized Synchro 9 software based on the Highway Capacity Manual 2000 (HCM 2000) to determine Background (2020) levels of service (LOS) at the intersections noted above based. For the background (2020) condition, results of the LOS analysis are shown in Attachment 3 (Figure 5). These results indicated that the Belmont Ridge Road/Evergreen Mills Road/Briarfield Lane intersection would operate at LOS F during both the AM and PM peak hours, though with longer delays compared to existing conditions. During the AM peak hour, the eastbound shared through left lane and the westbound approach would continue to operate at LOS F, and the southbound approach would continue to operate at LOS E, consistent with existing conditions though with longer delays. During the PM peak hour, the westbound and southbound approaches would continue to operate at LOS F, consistent with existing conditions though with longer delays. The Briarfield Lane approach would operate at an acceptable LOS C in both the AM and PM peak hours. Trip Generation from the Proposed Development (2020) Trip rates from ITE s Trip Generation Manual, 9 th Edition were used to project peak hour, daily traffic volumes for the proposed condition. The Applicant proposes to rezone a portion of the site to PD IP (Industrial Park), for which the dance studio would be a permitted use. The parcel on which the child care center would sit would remain a CR 1 zone. For purposes of this analysis, the Traffic Consultant assumed a worst case scenario in which the PD IP zone use is considered to be flex industrial space, and the trip generation assumes 12,000 SF of general office space instead of a 12,000 SF dance studio to account for a more conservative impact to the transportation network. The Applicant s TIS indicates in Table 1 below that the proposed

38 ZMAP & SPEX Evergreen Meadows DTCI First Referral Comments November 22, 2016 Page 5 development scenario analyzed could generate 157 new morning peak hour trips, 215 new afternoon peak hour trips, and 1,003 new daily trips. Table 1 Trip Generation for Proposed Development Development Program ITE Trip Gen Code AM Peak Trips PM Peak Trips Weekday Total Trips Proposed Use Child Care Center (10,000 SF) (CR-1) General Office (12,000 SF) (PD-IP)* Total Proposed Site Generated Trips ,003 Sources: Evergreen Mills Child Care and Dance Studio TIS, Wells and Associates, August 16, * For purposes of this analysis, the PD IP zone use is considered to be flex industrial space, and the trip generation assumes 12,000 SF of general office space to account for a more conservative impact to the transportation network. Total Future (2020) Trip Distribution and Assignment from the Proposed Development The TIS assumed a site-generated traffic distribution of approximately: 50% of trips to and from the east on Evergreen Mills Road 20% of trips to and from the west on Evergreen Mills Road 30% of trips to and from the north on Belmont Ridge Road Site-generated trip distribution and assignment from the proposed development are shown on Attachment 4 (Figure 6). Total Future (2020) Forecasted Traffic Volumes, Levels of Service, and Recommended Mitigation Measures Total future traffic forecasts for 2020 were prepared based on the existing traffic counts, the applied growth rate, and the traffic generated by the proposed child care center and dance studio (based on General Office trip rates). The traffic generated by the proposed child care center and dance studio was added to these background traffic forecasts to yield the total future traffic forecasts shown on Attachment 5 (Figure 7). Capacity analyses were prepared for total future (2020) conditions with the proposed development of the Evergreen Mills Child Care and Dance Studio based on the lane use shown on Attachment 2, and the Highway Capacity Manual methodology (Synchro version 9) capacity analysis procedures. The results for Existing, Background and Total Future Conditions are for the three study intersections are summarized on Attachment 6 (Table 1 of the TIS). In 2020, with the build out of the child care and dance facilities the Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane intersection would operate at LOS F during both the AM and PM peak hours, and with longer delays compared to the background conditions. During the AM peak hour, the eastbound shared through left lane, the westbound approach, and the southbound approach of the intersection would operate at LOS F, similar to background conditions though

39 ZMAP & SPEX Evergreen Meadows DTCI First Referral Comments November 22, 2016 Page 6 with longer delays. During the PM peak hour, the eastbound shared through left lane, the westbound approach, and the southbound approach of the intersection would operate at LOS F, similar to background conditions though with longer delays. The unsignalized, STOPcontrolled site entrance (Intersection #2) on Evergreen Mills Road would operate at LOS C or better for all movements during the AM and PM peak hours. The unsignalized, STOP controlled site entrance (Intersection #3) on Evergreen Mills Road would operate at LOS C or better for all movements during the AM and PM peak hours. The Applicant s approved scoping document required that total future conditions also be analyzed under the assumption that the site would operate with only the full movement driveway. The analysis indicated that the unsignalized, STOP controlled full movement entrance without the right-in / right-out entrance on Evergreen Mills Road would operate at LOS C or better for all movements during the AM and PM peak hours. Transportation Comments and Recommendations DTCI staff reviewed the Applicant s submitted materials, and has the following comments: 1. The following are issues that will not affect the outcome of the TIS but which should be corrected in future versions of the study: a. An explanation is needed in the TIS for the statement on Page 6 of the TIS, Existing Traffic Counts, as to the rationale for multiplying the PM peak hour volume by 10 to calculate the average daily traffic on all approaches to the intersection of Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane. b. The ADT shown in Figure 3 for Briarfield Lane should be based on the ATR data which indicated that Briarfield Lane carries 718 vehicles per day. 2. DTCI notes that the CDP/SPEX plat and TIS show a right-in / right-out access point onto Evergreen Mills Road. The 2010 CTP (Chapter 2, Design and Construction Standards Policy 5) states, in part, that direct access from individual lots to arterial and major collector roads is not permitted in the Suburban Policy Area. Evergreen Mills Road is designated on the 2010 CTP as a major collector roadway. As such, DTCI recommends that this access point be removed and all site access consolidated at the westernmost proposed site driveway. Further, the TIS indicates that a single, full movement site access will function at acceptable LOS without the additional proposed right-in / right-out site access, and the CDP/SPEX plat depicts interparcel access, allowing for full movement access to both proposed uses on the combined site. 3. DTCI concurs with VDOT s comments of October 20, 2016 that the Applicant should evaluate the proposed access points for VDOT warrants for right and left turn lanes. 4. The Applicant should demonstrate that the proposed site access would comply with all spacing requirements based on the County s plans to improve the intersection of Evergreen Mills Road and Belmont Ridge Road / Briarfield Lane, which could include a roundabout or modifications to the existing signalized intersection.

40 ZMAP & SPEX Evergreen Meadows DTCI First Referral Comments November 22, 2016 Page 7 5. DTCI notes that the Applicant is proposing to dedicate sufficient right-of-way to accommodate the ultimate 2010 CTP cross section, including planned bicycle and pedestrian facilities. Conclusion DTCI has no overall recommendation on these applications at this time. DTCI staff will provide a recommendation after it has reviewed the Applicant s responses to the comments noted in this referral. Depending on the Applicant s responses, DTCI may have additional comments. DTCI staff is available to meet with the Applicant and discuss the comments noted in this referral. ATTACHMENTS 1. Site Vicinity Map 2. Existing Peak Hour Volumes, Existing Lane Usage & Traffic Controls (TIS Figure 3) 3. Background (2020) Peak Hour Forecast & LOS (TIS Figure 5) 4. Site Traffic Assignments & Site Trip Distribution (TIS Figure 6) 5. Total Future (2020) Peak Hour Forecast & LOS (TIS Figure 7) 6. Intersection LOS Summary (Existing, Background and Future Conditions) (TIS Table 1) cc: Kathleen Leidich, Assistant Director, DTCI Lou Mosurak, Senior Coordinator, DTCI

41 SITE ZMAP & SPEX Evergreen Meadows Site Vicinity Map ATTACHMENT 1

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47 CHARLES A. KILPATRICK, P.E. COMMISSIONER DEPARTMENT OF TRANSPORTATION 4975 Alliance Drive Fairfax, Va January 12, 2017 Steve Barney, Project Manager County of Loudoun Department of Planning and Zoning MSC 62 1 Harrison Street, S.E. P.O. Box 7000 Leesburg, Virginia Re: Evergreen Meadows Loudoun County Application Numbers ZMAP and SPEX Dear Mr. Barney: We have reviewed the above referenced applications and we have no objection to approval subject to the following comments. 1. The turn lane warrant analysis indicates a left turn lane would be needed for the site entrance assuming present traffic volumes on Evergreen Mills Road, and without the diversion of traffic away from the Evergreen Mills Road / Belmont Ridge Road intersection that is expected to occur with future area road improvements and connections. Given the expected decrease in volumes, VDOT will not require a left turn lane into the site as it appears the VDOT left turn lane warrant will not be met in the future. However, if two-way through traffic on this portion of Evergreen Mills Road is to be maintained from Belmont Ridge Road to the future Shreveport Drive connection to the west, there will likely be some delays on Evergreen Mills Road caused by left turns into the site if the left turn lane is not provided. If you have any questions please call me at (703) Sincerely, Thomas B. Walker Land Use Engineer

48 CHARLES A. KILPATRICK, P.E. COMMISSIONER DEPARTMENT OF TRANSPORTATION 4975 Alliance Drive Fairfax, Va October 20, 2016 Steve Barney, Project Manager County of Loudoun Department of Planning MSC 62 1 Harrison Street, S.E. P.O. Box 7000 Leesburg, Virginia Re: Evergreen Meadows Loudoun County Application Numbers ZMAP and SPEX Dear Mr. Barney: We have reviewed the above referenced applications and offer the following comments. 1. The Traffic Impact Analysis should evaluate the proposed access points for VDOT warrants for right and left turn lanes. 2. It appears the proposed right-in / right out access slightly overlaps the start of the taper for the right turn lane to Briarfield Lane. 3. A single entrance with turn lanes central to the site frontage should be considered to serve this site instead of the two proposed access points. If you have any questions please call me at (703) Sincerely, Thomas B. Walker Land Use Engineer

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51 October 13, 2016 Steve Barney Planning and Zoning 1 Harrison Street, S.E. Leesburg, Virginia Re: Evergreen Meadows; ZMAP , SPEX Dear Mr. Barney: Loudoun Water has reviewed the referenced applications and offers no objection to their approval. Please be advised, Loudoun Water does not allow landscaping within Loudoun Water easements. This will need to be taken into account during the design process. In addition, it appears that off-site extensions of the water and sewer mains are necessary, easement acquisition and construction of off-site improvements would be the responsibility of the applicant. Water is available to both Landbay A and Landbay B. The applicant will be required to loop the water main to eliminate any dead end connections to assist with water service reliability and water quality. Sanitary sewer service appears to be available to Landbay B. Be aware that sanitary sewer service does not appear to be readily available to Landbay A. Loudoun Water requires sanitary sewer to gravity flow. As noted on the plan, the invert out elevation of the point of public sanitary sewer connection is elevation , the topography of Landbay A ranges from elevation 292 to 302. Solutions and/or alternatives for the sanitary sewer connection to Landbay A will be needed and the responsibility of the applicant. Connections to the public water and sanitary sewer service is contingent upon the developer s compliance with the Authority s Statement of Policy; Rates, Rules and Regulations; and Engineering Design Manual. Should you have any questions, please do not hesitate to contact me at or by at kcarswell@loudounwater.org Sincerely, Kevin Carswell, P.E. Project Engineer

52 COUNTY OF LOUDOUN PARKS, RECREATION AND COMMUNITY SERVICES REFERRAL MEMORANDUM To: Steve Barney, Project Manager, Planning and Zoning (MSC #62) From: CC: Mark A. Novak, Chief Park Planner, Facilities Planning and Development (MSC #78) Steve Torpy, Director Karen Sheets, Deputy Director Jeremy Payne, Deputy Director Kristen Blaylock-Reed, Chairman, PROS Board, Dulles District Jim Bonfils, Vice Chairman, PROS Board, Broad Run District Rick Stone, PROS Board, Blue Ridge District Kenya Savage, PROS Board, Chair At-Large Allison Tinney, Open Space Member At-Large Kelly Foltman, Open Space Member At-Large Date: October 18, 2016 Subject: Evergreen Meadows ZMAP & SPEX Election District: Blue Ridge Sub Planning Area: Dulles MCPI # , , , , APPLICATION OVERVIEW: The subject site is located on the south side of Evergreen Mills Road (Route 621) in between the intersection of Belmont Ridge Road (Route 659) to the east and the future intersection of Northstar Boulevard to the west. The site is within the Blue Ridge Election and Dulles sub planning districts. The site is currently zoned CR-1 (Countryside Residential-I). The applicant is requesting approval of a zoning map amendment to rezone approximately 1.77 acres from the CR-1 district to the PD-IP district with modifications and a Special Exception to permit a child care center in the CR-1 district. A dance facility is not a permitted or Special Exception use in the CR-1 district. To accommodate the dance facility, a rezoning of a portion of the Subject Property is required. The dance facility can be established on the Subject Property through a rezoning of a portion of the Subject Property from the CR-1 district to the PD-IP Planned Development - Industrial Park ("PD-IP") district. The rezoning of a portion of the Subject Property to the PD-IP district will require the modification of some building and parking setbacks and buffer area requirements.

53 Evergreen Meadows ZMAP & SPEX Page 2 of 4 Hal and Bernie Hanson Regional Park SITE PROJECT PROPOSAL: The applicant is proposing a child care center will be approximately 10,000 square feet, in addition to 12,000 square feet of outdoor play area. The facility will accommodate approximately 160 children. The applicant states in the Statement of Justification, the dance facility will serve as a complementary use to the adjacent child care center in terms of the functional nature and peak usage periods of each use. Both uses will be focused on the mental and physical development of children. The child care center will be used mostly during the day and the dance studio will be used mostly during the afternoon and evening. Additionally, a public recreation use is being proposed on the property immediately to the south of the Subject Property. This is an additional complementary use to the child care center and dance facility. These uses will result in the creation of a child-friendly enclave in the midst of nearby residential uses.

54 Evergreen Meadows ZMAP & SPEX Page 3 of 4 SPECIAL EXCEPTION CONCEPT PLAN

55 Evergreen Meadows ZMAP & SPEX Page 4 of 4 COMMENTS/RECOMMENDATIONS: The Department of Parks, Recreation and Community Services (PRCS) has reviewed the applicant s proposal and would not be in objection to its approval as presented. However, defers to other referral agencies for additional comments. If you have any questions or concerns regarding these comments, please do not hesitate to contact me at or mark.novak@loudoun.gov.

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65 IAD Departures near Proposed Child Care Center June 20 24, 2016 Altitude Gate: 0 ft 3000 ft IAD 12 30

66 IAD Arrivals near Proposed Child Care Center September 1 30, 2016 Altitude Gate: 0 ft 3000 ft IAD 12 30

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