Foreclosure /- Acres in Loudoun County, Purcellville, VA

Transcription

1 Foreclosure /- Acres in Loudoun County, Purcellville, VA Preview: November 19 & December 3, 11am - 1pm ET Auction: December 10, 11am ET Auction Location: Loudoun County Circuit, 18 E Market St Leesburg, VA Property#: FX1749 David Lowry, Tranzon Fox 121 Pennsylvania Ave Virginia Beach, VA P: F: dlowry@tranzon.com TRANZON.COM

2 Table of Contents Click the links below to go directly to its corresponding section 1. Attention Prospective Bidders 2. Property/Auction Overview 3. Photo Gallery 4. Appraisal Excerpts 5. Zoning Information 6. Legal Notice 7. Broker Acknowledgement Form

3 ATTENTION PROSPECTIVE BIDDERS ALL INFORMATION CONTAINED IN THIS AND ANY OTHER MARKETING MATERIALS WAS OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE. HOWEVER, NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED, IS INTENDED OR MADE WITH RESPECT TO SUCH INFORMATION. BIDDERS MUST INDEPENDENTLY INVESTIGATE, VERIFY AND CONFIRM ANY INFORMATION OR ASSUMPTIONS ON WHICH ANY BID IS BASED. NEITHER AUCTION COMPANY, NOTEHOLDER, NOR SELLERS SHALL BE LIABLE FOR ANY ERRORS IN OR THE CORRECTNESS OF ANY INFORMATION REGARDING THE PROPERTY BEING SOLD. THE PROPERTY SHALL BE SOLD PURSUANT TO AND AS DESCRIBED IN THE ATTACHED NOTICE OF SUBSTITUTE TRUSTEES SALE. TO THE EXTENT OF ANY INCONSISTENCY BETWEEN THE INFORMATION CONTAINED IN THIS PACKAGE AND THE ATTACHED NOTICE, THE ATTACHED NOTICE SHALL CONTROL. TO THE EXTENT OF ANY INCONSISTENCY BETWEEN ANNOUNCEMENTS MADE AT THE SALE AND ANY OTHER PROPERTY INFORMATION OR PRINTED TERMS OF SALE, THE SALE ANNOUNCEMENTS SHALL CONTROL. THE PROPERTY IS SOLD AS IS, WHERE IS, WITH ALL FAULTS. THE PROPERTY WILL BE SOLD WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING ANY REPRESENTATIONS REGARDING ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY. THE PROPERTY IS OFFERED FOR SALE TO QUALIFIED PURCHASERS WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, MARITAL STATUS OR NATIONAL ORGIN. ANY DECISION TO PURCHASE OR NOT TO PURCHASE IS THE SOLE AND INDEPENDENT BUSINESS DECISION OF THE PURCHASER. NO RECOURSE OR CAUSE OF ACTION WILL LIE AGAINST THE SELLERS, THE AUCTION COMPANY OR THE NOTEHOLDER SHOULD PURCHASER BECOME DISSATISFIED WITH ITS DECISION, WHATEVER IT MAY BE, AT A LATER DATE.

4 Foreclosure /- Acres in Loudoun County, Purcellville, VA Property #: FX1749 Auction Date and Time: Wednesday, December 10, 11:00am Property Preview Date and Time: Wed, November 19, 11:00am - 1:00pm Wed, December 3, 11:00am - 1:00pm Property Location: Primary Street Frontage, Harpers Ferry Rd Purcellville, VA Auction Location: Loudoun County Circuit 18 E Market St, Leesburg, VA Property Description: The Property is believed to consist of five (5) non-contiguous parcels of land containing a total of /- acres. Three (3) of the parcels are believed to contain single-family residences and several agricultural buildings. The property is located on both the east and west sides of Harpers Ferry Road, just south of the Virginia/Maryland border. The property is zoned AR-1, Agricultural Rural-1, which permits rural economy uses, with residential uses allowed. Property will be offered as separate parcels and as an entirety at auction. Parcel ID Tax ID Number Size Zoning "By Right Lots" Parcel AR-1 13 Parcel AR-1 11 Parcel AR-1 6 Parcel AR-1 1 Parcel AR-1 1 Totals Parcel One, Tax ID , /- AC Parcel 4146, contains /- acres and is believed to have an address of Branchriver Road, Purcellville, VA This parcel is also believed to contain a single story wood structure containing approximately 1,472 square feet. This property is also believed to contain several large agricultural buildings. Parcel Two, Tax ID , /- AC Parcel 5830, contains /- acres.

5 Parcel Three, Tax ID , /- AC Parcel 4047, contains /- acres and is believed to have an address of Harpers Ferry Road, Purcellville, VA This parcel is also believed to contain a 2-story wood structure that is reported to be built in 1790 and contains approximately 2,057 square feet. Parcel Four, Tax ID , 6.50+/- AC Parcel 0316, contains /- acres. Parcel Five, Tax ID , 5.63+/- AC Parcel 0191, contains /- acres and is believed to have an address of Riverheights Road, Purcellville, VA This parcel is also believed to contain a 2-story log cabin with approximately 1,579 square feet. Area Overview and Access The property is well located within the Loudoun County market, which includes the municipalities of Leesburg, Purcellville, Lovettsville, and Round Hill. The major arterial road in Purcellville is Harry Byrd Highway / East Market Street (Route 7), which crosses the area in an east-west direction. Access to the properties is provided by Harpers Ferry Road (Route 671). The parcels are located in close proximity to Virginia, Maryland, and the West Virginia border. Access from Maryland and West Virginia is provided by Route 340, which runs along the border to the North. Access to the property is provided by River Heights Road, Turneysville Road, and Branchriver Road. Utilities Water Private Well Sewer Private Septic Electricity Dominion Power Natural Gas Washington Gas Local Phone Verizon Directions: From Leesburg, VA; Merge onto VA-7 W/Harry Byrd Hwy via the ramp to Winchester/VA-9; Take the VA-9 exit toward Hillsboro/Charles Town W VA; Turn right onto VA-9 W/Charles Town Pike; Slight right onto State Rte 671/Harpers Ferry Rd Destination will be on the right; Arrive Harpers Ferry Rd, Purcellville, VA Cooperating Broker s Fee: 1% of the high bid will be paid to a properly registered broker at settlement. Summary of Terms of Sale: All property sold in as is condition. A 3% buyer s premium will be added to the high bid to determine the contract price. Please see the Legal Notice in this information package for the complete terms of sale. David Lowry Tranzon Fox dlowry@tranzon.com VAAF423

6 Photo Gallery

7 Photo Gallery

8 Appraisal Excerpts

9 Picture of Potomac River taken from adjacent site and not reflective of view from subject Loudoun Heights Turneysville Road Purcellville, Virginia

10 Summary of Salient Facts and Conclusions 1 Summary of Salient Facts and Conclusions Property Name Address Property Type Owner of Record Tax ID Land Area acres; 7,252,304 SF Zoning Designation AR-1, Agricultural Rural-1 Highest and Best Use Hold for development Exposure Time; Marketing Period 12 months; 12 months Effective Date of the Appraisal October 4, 2013 Date of the Report October 15, 2013 Property Interest Appraised Fee Simple Loudoun Heights Turneysville Road Purcellville, Loudoun County, Virginia Land Loudoun Heights, LLC , , , , and Sales Comparison Approach Number of Sales 6 Range of Sale Dates Jun 11 to Jun 13 Range of Prices per Acre (Unadjusted) $8,615 - $13,690 Market Value Conclusion $2,000,000 ($12,013/Acre) The values reported above are subject to the definitions, assumptions, and limiting conditions set forth in the accompanying report of which this summary is a part. No party other than M&T Bank may use or rely on the information, opinions, and conclusions contained in the report. The summary shown above is for the convenience of M&T Bank, and therefore it is assumed that the users of the report have read the entire report, including all of the definitions, assumptions, and limiting conditions contained therein. Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions that may affect the assignment results. An extraordinary assumption is uncertain information accepted as fact. If the assumption is found to be false as of the effective date of the appraisal, we reserve the right to modify our value conclusions. 1. According to the Loudoun County Treasurer's Office, the subject s real estate taxes for 2012 and the first half of 2013 are delinquent. Overall, the total outstanding taxes, late penalties, and interest charges currently owed amount to $40,465 (rounded). This total amount owed is effective through October 31, 2013, when additional interest will be added if not paid in full. We note that after 3 years of delinquent taxes, the property will become eligible for tax sale. Back taxes are generally a lien on the property and are not transferrable to a new owner. Our valuation assumes that the current outstanding real estate taxes, late penalties, and interest charges will be paid prior to any market transaction and have not been deducted from our final opinion of market value. These outstanding charges are discussed in detail in our real estate tax analysis. Loudoun Heights

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12 Loudoun County Area Analysis 6 Economic Analysis Loudoun County Area Analysis Loudoun County is located in northern Virginia approximately 20 miles west of Washington, DC. It is 516 square miles in size and has a population density of 658 persons per square mile. Loudoun County is part of the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Statistical Area, hereinafter called the Washington MSA, as defined by the U.S. Office of Management and Budget. Population Loudoun County has an estimated 2013 population of 339,337, which represents an average annual 2.8% increase over the 2010 census of 312,311. Loudoun County added an average of 9,009 residents per year over the period, and its annual growth rate exceeded the Washington MSA rate of 1.5%. Looking forward, Loudoun County's population is projected to increase at a 2.1% annual rate from , equivalent to the addition of an average of 7,534 residents per year. Loudoun County's growth rate is expected to exceed that of the Washington MSA, which is projected to be 1.3%. Employment Trends in employment are a key indicator of economic health and strongly correlate with real estate demand. Total employment in Loudoun County is currently estimated at 144,197 jobs. Between yearend 2002 and the present, employment rose by 42,128 jobs, equivalent to a 41.3% increase over the entire period. There were gains in employment in nine out of the past ten years despite two national economic downturns during this time. Job growth in Loudoun County turned positive in 2010 and has remained so. Loudoun County's rate of employment growth over the last decade surpassed that of the Washington MSA, which experienced an increase in employment of 9.2% or 248,577 jobs over this period. Employment data is shown in the table that follows. Loudoun Heights

13 Loudoun County Area Analysis 7 Unemployment rate trends are another way of gauging an area s economic health. Over the past decade, the Loudoun County unemployment rate has been consistently lower than that of the Washington MSA, with an average unemployment rate of 3.3% in comparison to a 4.4% rate for the Washington MSA. This is another indication of the strength of the Loudoun County economy over the longer term. Recent data shows that the Loudoun County unemployment rate is 4.4% in comparison to a 5.7% rate for the Washington MSA, a positive sign that is consistent with the fact that Loudoun County has outperformed the Washington MSA in the rate of job growth over the past two years. Major employers in Loudoun County are shown in the following table. Loudoun Heights

14 Loudoun County Area Analysis 8 Gross Domestic Product Gross Domestic Product (GDP) is a measure of economic activity based on the total value of goods and services produced in a defined geographic area. Although GDP figures are not available at the county level, data reported for the Washington MSA is considered meaningful when compared to the nation overall, as Loudoun County is part of the MSA and subject to its influence. Economic growth, as measured by annual changes in GDP, has been considerably higher in the Washington MSA than the United States overall during the past eight years. The Washington MSA has grown at a 2.0% average annual rate while the United States has grown at a 1.0% rate. As the national economy recovers from the downturn of , the Washington MSA has recently underperformed the United States. GDP for the Washington MSA rose by 1.1% in 2011 while the United States GDP rose by 1.5%. The Washington MSA has a per capita GDP of $66,746, which is 59% greater than the United States GDP of $42,070. This means that Washington MSA industries and employers are adding relatively more value to the economy than their counterparts in the United States overall. The figures in the table above represent inflation adjusted real GDP stated in 2005 dollars. Income, Education, and Age Loudoun County is more affluent than the Washington MSA. Median household income for Loudoun County is $119,584, which is 37.0% greater than the corresponding figure for the Washington MSA. Loudoun Heights

15 Loudoun County Area Analysis 9 Residents of Loudoun County have a higher level of educational attainment than those of the Washington MSA. An estimated 58% of Loudoun County residents are college graduates with fouryear degrees, versus 47% of Washington MSA residents. People in Loudoun County are slightly younger than their Washington MSA counterparts. The median age for Loudoun County is 36 years, while the median age for the Washington MSA is 37 years. Education & Age Percent College Graduate Median Age 80% 70% 60% 50% 40% 30% 20% 10% 58% Loudoun County 47% Washington, DC MSA Loudoun County Washington, DC MSA Source: Claritas Conclusion The national economic downturn of had less of an impact on Loudoun County than on many areas of the country. Over the long term, Loudoun County will benefit from a growing population base and higher income and education levels. Loudoun County experienced growth in the number of jobs and has maintained a consistently lower unemployment rate than the Washington MSA over the past decade. Moreover, Loudoun County benefits from being part of the Washington MSA, which is the seventh most populous metropolitan area in the country, and exhibits both a higher rate of GDP growth and a higher level of GDP per capita than the nation overall. Based on these factors, we anticipate that the Loudoun County economy and employment base will grow, strengthening the demand for real estate. Loudoun Heights

16 Loudoun County Area Analysis 10 Area Maps Loudoun Heights

17 Surrounding Area Analysis 11 Surrounding Area Analysis Location The subject is located in the northern most part of Loudoun County, VA. During the past 15 years, Loudoun County has grown tremendously. This growth has included abundant residential subdivision and retail shopping center developments. Areas within Loudoun County such as Leesburg, Middleburg, and the Town of Purcellville have vibrant central business districts as a result of this growth. In addition, these areas benefit from tourism drawn to the area by historical attractions and local wineries. The subject s immediate area is known as Loudoun Heights. While Loudoun Heights contains a Purcellville zip code, the area is more rural in nature than the Town of Purcellville and located approximately 15 miles to the north. Access and Linkages The major arterial road in Purcellville is Harry Byrd Highway / East Market Street (Route 7), which crosses the area in an east-west direction. Access to the subject is provided by Harpers Ferry Road (Route 671). The subject is located in close proximity to the junction of the Virginia, Maryland, and West Virginia borders. Access from Maryland and West Virginia is provided by Route 340, which runs along the Virginia border to the north. Access to the subject parcels is provided by Riverheights Road, Turneysville Road, and Branchriver Road. Overall, vehicular access is good. Public transportation, consisting of commuter bus services, is provided by Loudoun County Transit. This bus service provides daily service to the West Falls Church, Washington Metropolitan Area Transit Authority s Metrorail subway station. The nearest bus access point is the Purcellville Connector around 15 miles south of the subject. The local market perceives public transportation as fair compared to other areas in the region. As mentioned, Loudoun Heights is more rural in nature and does not benefit from higher average daily traffic counts (3,200 vehicles per day in 2012 along Harpers Ferry Road). Other towns in Loudoun County benefit from higher traffic counts and foot traffic than Loudoun Heights. Leesburg averages 13,111 vehicles per day along Market Street, and Middleburg averages 12,231 vehicles per day along John Mosby Highway. Demand Generators Loudoun County has become one of the nation s leading destinations for technology companies including Orbital Sciences, Verizon Business, AOL, and NeuStar. Ashburn in particular is part of the Dulles Technology Corridor. The Dulles Corridor has become an international leader in research, technological, and development oriented companies, with more than 575,000 jobs and 30,000 business establishments, of which more than 125 are internationally affiliated. Major employment nodes are located in the areas surrounding the Route 28 corridor, the Route 7 corridor, and the Washington Dulles Airport. Purcellville is approximately 30 miles west of these primary employment nodes. Other towns throughout Loudoun County are located closer to most employment centers than Purcellville and offer stronger infrastructure and supporting services Loudoun Heights

18 Surrounding Area Analysis 12 Demographics A demographic profile of the surrounding area, including population, households, and income data, is presented in the following table. Surrounding Area Demographics 2013 Estimates 1-Mile Radius 3-Mile Radius 5-Mile Radius Loudoun County Washington, DC MSA Population ,561 15, ,311 5,582,170 Population ,555 16, ,337 5,828,935 Population ,543 16, ,005 6,214,887 Compound % Change % 0.0% 0.7% 2.8% 1.5% Compound % Change % -0.1% 0.6% 2.1% 1.3% Households ,826 5, ,583 2,074,730 Households ,826 6, ,568 2,167,514 Households ,821 6, ,354 2,316,855 Compound % Change % 0.0% 0.8% 2.5% 1.5% Compound % Change % -0.1% 0.6% 2.0% 1.3% Median Household Income 2013 $80,011 $66,310 $72,592 $119,584 $87,308 Average Household Size College Graduate % 35% 30% 30% 58% 47% Median Age Owner Occupied % 84% 79% 81% 78% 64% Renter Occupied % 16% 21% 19% 22% 36% Median Owner Occupied Housing Value $260,584 $218,896 $228,496 $367,491 $337,411 Median Year Structure Built Avg. Travel Time to Work in Min Source: Claritas As shown above, the current population within a 3-mile radius of the subject is 4,555, and the average household size is 2.5. Population in the area has been flat since the 2010 census, but the trend is projected to change to decline over the next five years. This is in contrast to the population of Loudoun County, which is projected to grow, as discussed previously. Median household income is $66,310, which is lower than the household income for Loudoun County. Residents within a 3-mile radius have a considerably lower level of educational attainment than those of Loudoun County, while median owner occupied home values are considerably lower. Development Activity and Trends The Dulles Corridor Rapid Transit Project has received State and Federal funding and construction on the initial phase is on-going. This project will expand the current Metrorail system from the Orange Line (between the East and West Falls Church Stations) in Fairfax County, through Tyson s Corner and the Dulles International Airport, into Loudoun County. Phase 1 of the Project, officially known as the Dulles Corridor Metrorail Project - Extension to Wiehle Avenue, will complete the first 11.6 miles of the planned extension from the Metrorail Orange Line to Wiehle Avenue in Reston. It will include five new stations: Tyson s East, Tyson s Central 123, Tyson s Central 7, Tyson s West, and Wiehle Avenue, plus improvements to the existing rail yard at the West Falls Church Station. According to the June 2013 edition of the Dulles Metro Newsletter, construction Loudoun Heights

19 Surrounding Area Analysis 13 of the new line is around 94% complete and on track for a September 2013 delivery. The Washington Metropolitan Area Transit Authority anticipates a late December 2013 opening. Phase 2 of the Project, from Wiehle Avenue to Route 772/Ryan Road in Loudoun County, will include six additional stations: Reston Parkway, Herndon-Monroe, Route 28, Dulles Airport, Route 606, and Route 772, plus a new rail yard on the Dulles Airport property. The preliminary engineering is currently underway for Phase 2. According to the Metropolitan Washington Airports Authority, this phase is scheduled to open in A map of the proposed stations in the Dulles Corridor Metrorail Project, as provided by the Virginia Department of Transportation, is below. The Washington Dulles International Airport is located about 20 miles southeast of the subject. The Washington, DC CBD, the economic and cultural center of the region, is approximately 40 miles east of the property. Within close proximity of the subject, most development has consisted of single-family residential communities. The Harpers Ferry area has seen a significant influx in recent residential development within the past 10 years. Loudoun Heights

20 Surrounding Area Analysis 14 Land Use The area is semi-rural in character and approximately 30% developed. Predominant land uses are residential and agricultural. Other land use characteristics are summarized below. Character of Area Predominant Age of Improvements Predominant Quality and Condition SURROUNDING AREA LAND USES Small town/rural Approximate Percent Developed 30% Infrastructure/Planning Prospective Change in Land Use Prevailing Direction of Growth Many buildings in the Loudoun Heights area were constructed in the 1900s. Nearby subdivisions have been developed over the past 15 years. Fair to Average Average Not likely Northwest North South East West Subject s Immediate Surroundings Rural Residential Rural Residential Rural Residential Harpers Ferry National Historical Park Outlook and Conclusions Loudoun County has experienced growth in population and employment over the past decade. The Loudoun Heights area, like Leesburg, Middleburg, and the Town of Purcellville, has benefitted from this growth, as well as from the tourism industry. However, Loudoun Heights has roughly one-fifth the traffic flow of these other towns, significantly less infrastructure to attract tourism, and less supporting services. Loudoun Heights has benefitted from the success of Loudoun County, but less so than nearby towns. Given the history of the area and the growth trends, it is anticipated that in the medium to long term property values will increase. However, due to the current soft market conditions, we anticipate that property values will remain stable in the near future before increasing in the long term. Loudoun Heights

21 Surrounding Area Analysis 15 Surrounding Area Map Loudoun Heights

22 Land Description and Analysis 22 Property Analysis Land Description and Analysis Land Description Land Area acres; 7,252,304 SF Source of Land Area Loudoun County Public Records Primary Street Frontage Harpers Ferry Road Shape Multiple irregular shaped lots. Topography Parcels to the west of Harpers Ferry Road contain steep upward slopes to the west. Parcels to the east of Harpers Ferry Road are generally rolling with steep slopes in portions of the property. Drainage No problems reported or observed. Environmental Hazards None reported or observed. Ground Stability No problems reported or observed. Flood Area Panel Number 51107C0025D Date July 5, 2001 Zone X Description Outside of 500-year floodplain Insurance Required? No Zoning; Other Regulations Zoning Jurisdiction Loudoun County Zoning Designation AR-1 Description Agricultural Rural-1 Legally Conforming? Yes Zoning Change Likely? Not likely Permitted Uses Rural economy and residential uses. Utilities Water Private Well Sewer Private Septic Electricity Dominion Power Natural Gas Washington Gas Local Phone Verizon The minimum lot area within the AR-1 zoning district permits one dwelling per 20 acres, which can be reduced to five acres per dwelling under the Cluster Subdivision Option. Loudoun Heights

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24 Land Description and Analysis 24 Property Entrance From Road (Photo Taken on October 4, 2013) Rolling Open Area (Photo Taken on October 4, 2013) Interior Access Way (Photo Taken on October 4, 2013) Entrance Through Creek (Photo Taken on October 4, 2013) Rolling Land (Photo Taken on October 4, 2013) Open Rolling Land (Photo Taken on October 4, 2013) Loudoun Heights

25 Land Description and Analysis 25 Creek Through Site (Photo Taken on October 4, 2013) Rolling Open Land (Photo Taken on October 4, 2013) Wooded Area (Photo Taken on October 4, 2013) Additional Site Entrance (Photo Taken on October 4, 2013) Rolling Open Land (Photo Taken on October 4, 2013) Wooded Area (Photo Taken on October 4, 2013) Loudoun Heights

26 Land Description and Analysis 26 Rolling Wooded Area (Photo Taken on October 4, 2013) Lower Elevation Overgrown Area (Photo Taken on October 4, 2013) Steeper Grade Area (Photo Taken on October 4, 2013) Overall View of Site From Adjacent Land (Photo Taken on October 4, 2013) Southern View of Harpers Ferry Road (Photo Taken on October 4, 2013) Northern View of Harpers Ferry Road (Photo Taken on October 4, 2013) Loudoun Heights

27 Land Description and Analysis 27 Site Plan Loudoun Heights

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29 Improvements Description and Analysis 29 Improvements Description and Analysis The subject currently consists of five parcels totaling acres of raw land. Overall the parcels include three single-family residences and several agricultural buildings. The property by-right under the Cluster Subdivision Option is available to be developed with up to 32 detached single-family dwellings with a typical lot size of 5 acres. The property is located on both the east and west sides of Harpers Ferry Road, just south of the Virginia/Maryland border. The following description is based on our on-site inspection of the property and past discussions with Mr. Joe Bane, a representative of the property owner, along with public records. The residential dwelling located on Parcel 2 with the address of Riverheights Road is a 2-story log cabin with approximately 1,579 square feet of gross living area. The property appears to be in poor condition, and is not occupied. The residential dwelling located on Parcel 3 with the address of Harpers Ferry Road is a 2- story wood structure reported built in 1790, containing approximately 2,057 square feet of gross living area. The property appears to be in poor condition, and is not occupied. The residential dwelling located on Parcel 4 with an address of Branchriver Road is a single story wood structure containing approximately 1,472 square feet of gross living area. This property also contains several large agricultural buildings. The property appears to be in poor condition, and is not occupied. Due to the overall conditions of each dwelling and the limited remaining economic life of each property, we attribute no contributory value to the subject improvements. Loudoun Heights

30 Improvements Description and Analysis 30 Parcel 2 Improvements (Photo Taken on October 4, 2013) Parcel 3 Improvements (Photo Taken on October 4, 2013) Parcel 4 Improvements (Photo Taken on October 4, 2013) Subject Improvements (Photo Taken on October 4, 2013) Loudoun Heights

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43 Zoning Information

44 ARTICLE 2 NON-SUBURBAN DISTRICT REGULATIONS DIVISION A: RURAL DISTRICTS Section AR-1 Agricultural Rural Purpose and Intent. The purpose and intent of the AR-1 district is to: (A) (B) (C) (D) (E) Support the use of land for rural economy uses, with residential uses allowed at densities consistent with the general open and rural character of the rural economy uses. Allow for a broad range of rural economy uses, including (agriculture, horticulture and animal husbandry), agriculture support and services associated with on-going agricultural activities, and other uses that can be developed in ways consistent with the rural character of the AR-1 district through mitigation or other standards. Recognize the County s tourism industry is interconnected with the rural economy and rural economy uses in the district by allowing for tourism uses related to agricultural uses, conference and training center uses, and rural activity and special event uses. Promote consistency between residential development and rural economy uses through lower density residential development or clustering of residential development. Ensure that the rural economy uses are compatible with any existing permitted residential development Use Regulations. Table summarizes the principal use regulations of the AR-1 district. (A) Organization of Use Table. Table organizes the uses in the AR-1 district by Use Classifications, Use Categories and Use Types. (1) Use Classifications. The Use Classifications are: agricultural uses; residential uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., agricultural uses and residential uses). The Use Classifications then organize land uses and 2-1 Section Revision Date: May 19, 2009

45 activities into general Use Categories and specific Use Types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. (2) Use Categories. The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining the Use Category. They are principal uses that most closely share the common characteristics that are key to the Use Category. (3) Use Types. The Use Categories are then divided into specific Use Types. The specific Use Types are included in the respective Use Category. They identify the specific uses that are considered to fall within characteristics identified in the Use Category. For example, single family detached dwellings, multi-family dwellings and town houses are Use Types in the Household Living Use Category. (B) (C) Use Categories and Use Types Defined. All the Use Categories and Use Types listed in Table are defined in Article VIII (Definitions). Permitted and Special Exception Uses. A P in the column identified AR-1 indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the AR-1 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An S indicates that a Use Type is allowed in the AR-1 district as a special exception in accordance with the procedures and standards of Section An M indicates that a Use Type is allowed in the AR-1 district as a minor special exception in accordance with the procedures and standards of Section In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions or allowed as a special exception or minor special exception under other conditions. In those instances, it is identified as P/S or P/M, as appropriate. 2-2 Section Revision Date: May 19, 2009

46 (D) (E) (F) Reference to General Use Category. References to General Use Category under the Use Type column, means all of the uses in the Use Category are allowed. The Use Category is defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Types are defined in Article VIII. Additional Regulations for Specific Uses. References to sections in the final column of Table (AR-1 District Use Table) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the Additional Regulations for Specific Uses in Section Minimum Lot Size Requirements. Each principal permitted use shall meet the minimum acreage requirement, where specified in the Additional Regulations for Specific Uses in Section 5-600, for that use. Where two or more principal uses are located on one parcel, the parcel size shall be the larger of the two or more uses requirements, and not the sum of all the minimum lot sizes. TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES AGRICULTURAL USES Agriculture General Use Category P Section Horticulture General Use Category P Section Animal Husbandry General Use Category P Section Agriculture Support and Services Directly Related to On-going Agriculture, Horticulture and Animal Husbandry Activity, On-Site Agricultural processing P Section Agri-education P Section Animal care business P Section Agritainment P Section Commercial winery with 20,000 square feet or less Commercial winery, over 20,000 square feet P Section S Section Section Revision Date: May 19, 2009

47 TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES Custom operators P Section Direct market business for sale of products produced on-site including but not limited to PYO (pick-your-own) P Section Equestrian facilities P Section Farm based tourism P Section Farm co-ops P Section Farm machinery repair P Section Farm markets P Section Feedlot (for on-going, on-site animal husbandry activities) P Section Nursery, commercial S Section Nursery, production P Section Pet farms P Section Restaurant P Section Sawmill S Section Stables P Section Veterinary services Virginia Farm Winery P P Wayside stand P Section Wetlands mitigation bank P Section Section Revision Date: May 19, 2009

48 TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES Agricultural research facility P Section Animal care businesses P Section Central farm distribution hub for agricultural products Commercial winery with 20,000 square feet or less Commercial winery, over 20,000 square feet P Section P Section S Section Equestrian facility P Section Agriculture Support and Services Not Directly Associated with On-Site Agricultural Activity Equestrian facility, on lots of less than 50 acres or without frontage on state maintained road M Section Farm machinery repair P Section Farm machinery sales, rental and service Mill feed and farm supply center P Section P Section Nursery, commercial S Section Stable, neighborhood, on lots of 25 acres or more, or frontage on state maintained road Stable, neighborhood, on lots of less than 25 acres or without frontage on state maintained road P Section M Section Stable, private P Section Animal hospital P Section Animal Services Kennel S Section Kennel, Indoor M Section RESIDENTIAL USES 2-5 Section Revision Date: May 19, 2009

49 TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES Household Living Accessory dwelling (accessory to single family detached dwelling) Dwelling, single-family detached, including manufactured housing Home occupation (accessory to single family detached dwelling) Portable Dwelling/Trailer Construction Co-housing P Section P P Section P P May divide property in accordance with Section Development Options. Group Living Convent or monastery P/S Section Dormitory, seasonal labor M Section Rooming house P PUBLIC AND INSTITUTIONAL USES Aviation Airport/landing strip S Section Day Care Facilities Child care home P Section 5-609(A) Child or adult day care center S Section 5-609(B) Agricultural cultural center S Section Cultural and Government Facilities Education Park and Open Space Fairground S Section Structures or uses for local government purposes not otherwise listed in the district School (elementary, middle, or high) Vocational school Arboretum P Section Botanical garden or nature study area S S S P Section Section Revision Date: May 19, 2009

50 TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES Cemetery S Section Mausoleum S Section Crematorium S Section Public Safety Religious Assembly Utility Community, neighborhood, or regional park, passive recreational uses Community, neighborhood, or regional park, active recreational uses Fire and/or rescue station P Section Police station or substation P Section Church, synagogue, temple or mosque, with seating capacity of 300 or less seats in sanctuary or main activity area Church, synagogue, temple or mosque, with seating capacity of more than 300 in sanctuary or main activity area, or accessory schools, day care centers with more than children, recreational facilities General Use Category Municipal drinking water supply reservoir P S P Section S Section Sewage Treatment Plant S Section P P Recycling drop-off collection center, public: Section Utility substation, transmission: Section 5-616(A) Utility substation, distribution: Section 5-616(B) Sewer Pumping Station P Section Water Storage Tank S Section Water Treatment Plant S Section Section Revision Date: May 19, 2009

51 TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES Water Pumping Station P Section Utility transmission lines, overhead (excluding connections of lines from existing overhead public utility transmission lines to individual uses) S Unless excepted by Section 1-103(D) COMMERCIAL USES Conference Training Centers and Conference and training centers Rural agricultural corporate retreat P/M Section P Section Rural Resort M Section 5-601(C) Rural Retreat M Section 5-601(C) Food and Beverage Teahouse; coffeehouse P Section Banquet facility M Section Restaurant M Section Office Educational or research facilities use related to the agriculture, horticulture and animal husbandry uses in the district Camp, day and boarding, with 30 or fewer campers Camp, day and boarding, with more than 30 campers M Section P Section M Section Recreation Entertainment and Campground M Section Country Club S Section Cross country ski business P Section Eco-tourism P Section Section Revision Date: May 19, 2009

52 TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES Golf course S Section Outdoor amphitheater S Section Private Club or Lodge Rural recreational establishment, outdoor S P Antique shop P Section Art gallery or art studio P Section Retail Sales and Service Auction house S Section Craft shop P Section Small business P/M Section Bed and breakfast P/M Section 5-601(A) Visitor Accommodation Country inn P/M Section 5-601(B) Guest farm or ranch leasing up to 20 guest rooms P INDUSTRIAL USES Radio and/or television tower S Section Telecommunications antenna P Section 5-618(A) Telecommunication Use and/or Structure Waste-Related Uses Telecommunications monopole Telecommunications monopole Telecommunications transmission tower Vegetative Management facility Waste P S S M Section 5-618(B)(1) Section 5-618(B)(2) Section 5-618(C)(2) (Grant of a special exception does not avoid requirements of Chapter 1080,Codified Ordinances of Loudoun County, or any other applicable law.) 2-9 Section Revision Date: May 19, 2009

53 TABLE 2-102: AR-1 AGRICULTURAL RURAL 1 DISTRICT USE TABLE P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION USE CATEGORY USE TYPE AR-1 DISTRICT ADDITIONAL REGULATIONS FOR SPECIFIC USES Yard Waste Composting Facility Stockpiling of dirt S Section S (Grant of a special exception does not avoid requirements of Chapter 1080,Codified Ordinances of Loudoun County, or any other applicable law.) Development Options. Land within the AR-1 zoning district may be subdivided under one of the three development options identified below. Nothing in this section shall preclude the opportunity for a property owner to file for a Family Subdivision in accordance with the requirements of the Land Subdivision and Development Ordinance. (A) Base Density Division Option. A Base Density Division meeting the following standards and criteria may be permitted in accordance with the procedures outlined in the Land Subdivision and Development Ordinance (LSDO) for such division: (1) Lot Yield. Under the Base Density Division Option, the maximum lot yield shall be one lot per 20 acres. (2) Permitted Uses. The uses permitted on lots developed in accordance with the Base Density Division Option are identified in Table and are subject to the Additional Regulations for Specific Uses of Section (3) Lot and Building Requirements. (a) (b) (c) Minimum Lot Size. 20 acres. Minimum Lot Width. 175 feet. Minimum Yards. No structure shall be located within 25 feet of any property line or within 100 feet from the right-of-way of any arterial road, 75 feet from the right-of-way of any collector road, and 35 feet from any other road right-of-way, private access easement, and/or any prescriptive easement Section Revision Date: May 19, 2009

54 (d) (e) Maximum Lot Coverage. 11% maximum. Maximum Building Height. 35 feet, excluding agricultural, horticultural, and animal husbandry structures. (4) Creation of Lots. (a) (b) (c) Request. Requests for creation of lots by plat of division in the AR-1 District shall be submitted to the Director of the Department of Building and Development (or designee) for review and approval in accordance with AR-2 and AR-1 Divisions of the Land Subdivision and Development Ordinance. Public Road Frontage. No such lot shall be created fronting on a public road unless the publicly dedicated width of the road along the entire frontage of the newly created lot, measured from the centerline of the road to the property line of the lot, satisfies the criteria of the Virginia Department of Transportation (VDOT). Utility Requirements. Each lot shall have an onsite water supply and individual sewage disposal system. (5) Lot Access. (a) (b) (c) Access to individual lots may be provided by a private access easement that complies with the requirements of the Facilities Standards Manual. A private access easement may serve as frontage inlieu of public road frontage for up to 7 lots. The plat of division shall contain a note detailing the provisions for the maintenance of the private access easement. (B) Principal/Subordinate Subdivision Option: The Principal/Subordinate Subdivision Option is a subdivision of land in which a maximum lot yield is calculated for an Originating Tract based on the gross acreage of such tract. The maximum lot yield shall be as set forth in Subsection 2-103(B)(1)(b) below. The Principal/Subordinate Subdivision Option results in the creation of 2-11 Section Revision Date: May 19, 2009

55 one Principal Lot, and one or more Subordinate Lots. The number of Subordinate Lots created is subtracted from the maximum lot yield and the resulting number establishes the remaining number of lots, which is assigned to the Principal Lot. The creation of subsequent Subordinate Lots from the Principal Lot is permitted, with the number of lots assigned to the Principal Lot reduced by one for each Subordinate Lot created. Once the number of lots assigned to the Principal Lot is reduced to one, no more Subordinate Lots can be created. The Principal/Subordinate Subdivision Option typically allows the landowner to achieve a greater lot yield than the base density of the Base Density Division Option, while providing for the establishment of rural economy uses as a primary use with single-family detached residential development as a secondary use. (1) General Requirements. (a) (b) General. A landowner may exercise this option on a site consisting of a minimum of 20 acres prior to development. Lot Yield. The maximum lot yield shall be 1 lot per 10 acres. (2) Characteristics of Principal/Subordinate Subdivision Option. (a) The lot yield of a Principal/Subordinate Subdivision shall be calculated from the Originating Tract of land in existence at the time the first Principal/Subordinate Subdivision is created. (b) Once a Principal/Subordinate Subdivision is created, the number of lots assigned to the subdivision shall not be altered. (c) The lot yield of the Originating Tract shall be calculated with each preliminary and/or record plat. At the time of the first subdivision, the number of Subordinate Lots created is subtracted from the number of lots calculated for the Originating Tract and the remaining number of lots is then assigned to the Principal Lot. Each subsequently created Subordinate Lot is subtracted from the number of lots assigned to the Principal Lot and shall reduce 2-12 Section Revision Date: May 19, 2009

56 the number of lots assigned to the Principal Lot by one (1) for each lot. (d) (e) (f) A Principal Lot may be further subdivided, provided the minimum requirements of the Zoning Ordinance and Land Development and Subdivision Ordinance (LSDO) are met. Once the number of lots assigned to the Principal Lot is reduced to one, the Principal Lot may no longer be subdivided. Subordinate Lots shall not be further subdivided. The record plat and initial deed of conveyance after establishment of a subdivision lot under the Principal/ Subordinate Subdivision Option shall contain a statement to this effect. A subdivision of one or more lots may occur at one time or in a series of subdivisions up to the maximum lot yield calculated for the Originating Tract. (g) Any subdivision record plat for a Principal/Subordinate Subdivision shall contain a tabulation of density showing, in addition to all Land Subdivision and Development Ordinance (LSDO) requirements, the lot yield originally calculated for the Originating Tract, all prior subdivisions from the Originating Tract and each resulting Principal Lot and number of lots created pursuant to such subdivisions. (h) The Principal Lot shall be clearly labeled on each record plat. (i) Each Principal/Subordinate Subdivision shall contain at least one Rural Economy Lot of a minimum of 15 acres in size. (3) Permitted Uses. (a) Principal and Subordinate Lots. The uses permitted on lots developed in accordance with the Principal/Subordinate Development Option are identified in Table and are subject to the Additional Regulations for Specific Uses of Section Section Revision Date: May 19, 2009

57 (4) Lot and Building Requirements. The Lot and Building Requirements for development under the Principal/Subordinate Subdivision Option are identified below, except where the performance standards in Section (Additional Regulations for Specific Uses) specify different requirements for a particular use. (a) (b) Minimum Lot Size. 80,000 square feet, exclusive of major floodplain. At least one lot in the development shall be a Rural Economy Lot with a minimum of 15 acres. Minimum Lot Width. 175 feet. (c) Maximum Length/Width Ratio. 3:1. (d) Minimum Yards. No structure shall be located within 25 feet of any property line or within 100 feet from the right-of-way of any arterial road; 75 feet from the right-of-way of any collector road; or 35 feet from any other road right-of-way, private access easement, and/or any prescriptive easement. (e) Maximum Lot Coverage. 15%. (f) Building Height. 35 feet maximum, excluding agricultural, horticultural, and animal husbandry structures. (5) Landscaping/Buffering. Notwithstanding the requirements of Section , required buffers may be provided on either the Principal and/or Subordinate lot. (6) Utility Requirements. (a) (b) Water. All lots shall be served by individual water supply systems located on the lot. Sewer. All lots shall be served by individual sewage disposal systems located on the lot. (7) Fire Protection. The development shall satisfy the fire protection standards set forth in the Facilities Standards Manual Section Revision Date: May 19, 2009