COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM

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3 COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM DATE: February 24, 2015 TO: FROM: Evan Harlow, Project Manager, Land Use Division Val Thomas, Planner, Zoning Administration CASE NUMBER/NAME: SPEX Eleven, INC; South Riding; 2 nd referral TAX MAP/PARCEL NUMBER (MCPI): 106/C/5////3/; I have reviewed the above revised special exception application and have the following additional comments: 1. On the Special Exception Plat, Sheet 2, notes # 17, revise the note to reflect the correct section of the Revised 1993 Zoning Ordinance for Quarry Notification Overlay District, Section On Sheet 2, Special Exception Plat, in the Zoning Requirements, #H, Building and Parking Setbacks, please clarify that the reduced building and parking setback provided is due to approved modification with ZMAP Similarly, clarify the reduced buffer along Loudoun County Parkway in # I. 3. On Sheet 2, Special Exception Plat, in the Zoning Tabulation, include a note that the existing/proposed building height is 19 feet. Attachment 1b A-3

4 COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM DATE: January 26, 2015 TO: FROM: Evan Harlow, Project Manager, Land Use Division Val Thomas, Planner, Zoning Administration CASE NUMBER & NAME: SPEX ELEVEN, INC; South Riding, Land Bay F TAX MAP/PARCEL NUMBER (MCPI): 106/C/5////3/; I. APPLICATION SUMMARY Zoning Administration Staff has reviewed the above referenced Special Exception (SPEX) application for conformance with the applicable requirements of the Revised 1993 Loudoun County Zoning Ordinance ( the Ordinance ). The application consists of: 1) Statement of Justification dated December 9, 2014; and 2) Special Exception Plat ( the Plat ) dated November 4, 2014, prepared by Maser Consulting P.A.(Sheets 1 and 2). The property is currently zoned PD-H4 (Planned Development-Housing) administered as PD-CC(NC) [Planned Development-Commercial Center (Neighborhood Center)] under the Revised 1993 Zoning Ordinance. The property is also zoned AI (Airport Impact Overlay District) and QN (Quarry Notification Overlay District) under the Revised 1993 Zoning Ordinance. The Property is located in the Dulles South planning area, on Loudoun County Parkway, east of Loudoun County Parkway, south of Route 50 and north of Tall Cedars Parkway. This property is a 2.13 acre parcel in South Riding, and is part of Land Bay F (Land Condo Unit #3) in the development. The property was originally rezoned as part of Land Bay F of South Riding and was zoned PD-H24, administered as PD-SC under the 1972 Zoning Ordinance. The PD-SC district permits convenience store and automobile filling station by right under the 1972 Zoning Ordinance. However, Section 611.f of that Ordinance limits the hours of operation of a convenience store from 6:00 a.m. to 11:00 p.m. if the convenience store is located within 1000 feet of residentially zoned property. There is no restriction on the hours of operation associated with the automobile filling station gas pumps. Under the terms of the Revised 1993 Zoning Ordinance, PDH zoning districts approved prior to June 16, 1993 could continue to be developed under the terms of the 1972 Zoning Ordinance for a period of time, which expired June 16, At that time, the application of the 1972 Zoning Ordinance ceased for all PDH properties, subject to any vested rights A-4

5 SPEX ELEVEN, INC January26, 2015 PAGE 2 that might have existed. A vesting determination (ZCOR ) dated June 5, 2008 was issued for the subject property indicating that STPL which had been submitted under the 1972 Zoning Ordinance, could continue to be reviewed under the 1972 Zoning Ordinance. STPL was subsequently approved. Amendments to this site plan (SPAM and SPAM ) have also been reviewed and approved pursuant to the 1972 Zoning Ordinance. This site plan allowed for the construction of convenience store and automobile filling station uses, uses permitted under the 1972 Zoning Ordinance subject to certain additional regulations, including the limitation on the hours of operation for a convenience store. With this current application, the Applicant has requested a special exception under the terms of the Revised 1993 Zoning Ordinance in order to eliminate the restrictions on the hours of operation of the convenience store. However, such special exception, to permit the use gas pumps accessory to a convenience food store pursuant to Section 4-204(A)(4) of the PD-CC(NC) zoning district of the Revised 1993 Zoning Ordinance requires conformance to the terms of the Revised 1993 Zoning Ordinance, or the modification of such requirements. Approval of such a special exception would eliminate the restriction on the hours of operation of a convenience store, since the Revised 1993 Zoning Ordinance does not have similar restrictions on this use. However, the property will henceforth be subject to the regulations of the PD-CC(NC) zoning district of the Revised 1993 Zoning Ordinance, and will no longer be subject to the PD-SC zoning district of the 1972 Zoning Ordinance. Additionally, a new site plan, to be reviewed for conformance with the Revised 1993 Zoning Ordinance, will also be required. This application is being reviewed pursuant to the regulations of the Revised 1993 Zoning Ordinance. The following issues have been identified and must be addressed in order for the applications to be in conformance with the requirements of the Ordinance: II CONFORMANCE WITH SECTION 5-617, ADDITIONAL STANDARDS FOR FREE STANDING CONVENIENCE FOOD STORE Pursuant to the Revised 1993 Zoning Ordinance, a convenience food store use is also subject to additional regulations of Section Pursuant to Section 5-617(D), any convenience store located within 200 feet of a residentially zoned, used, and/or planned district or land bay, must provide an acoustical barrier, such as landscaping, berms, fences and/or wall, to attenuate noise in accordance with Section of the Ordinance. Demonstrate conformance with this section of the ordinance or request a modification of this regulation through the Minor Special Exception (SPMI) application process, pursuant to Section of the Ordinance. This application can be processed concurrently with this SPEX application. III CONFORMANCE WITH ADDITIONAL STANDARDS IN ARTICLE V- BUFFERING AND SCREENING REGULATIONS ( ); TREE PLANTING ( ) & PARKING ( ) A-5

6 SPEX ELEVEN, INC January26, 2015 PAGE 3 Please note that unless buffers modifications were approved for the property with the rezoning of South Riding, the property must meet the buffer requirement of Section of the Revised 1993 Zoning Ordinance. Demonstrate conformance with this section of the Ordinance. If the Applicant cannot meet the buffer requirements, Staff recommends that the Applicant submit a modification request in conjunction with this application. Pursuant to the Buffer Matric in Section (A), the proposed use is Group 6. Pursuant to Section (A)(1) of the Revised 1993 Zoning Ordinance, a minimum of 10% tree canopy is required for property zoned PD-CC. Demonstrate conformance with this requirement. Pursuant to Section of the Revised 1993 Zoning Ordinance, the proposed use is parked under General and Convenience Retail which requires a minimum of 4 parking spaces per 1,000 square feet of GFA (Gross Floor Area). Demonstrate conformance with this requirement, and label the minimum required and proposed number of parking spaces on the plat. IV. CONFORMANCE WITH SECTION : ISSUES FOR CONSIDERATION IN REVIEWING A SPECIAL EXCEPTION APPLICATION Section includes the following factors that shall be given reasonable consideration in evaluating a special exception application, for which the applicant is required to address in its Statement of Justification or special exception plat, if applicable. Staff has comments regarding the following factors: (1) Whether the proposed special exception is consistent with the Comprehensive Plan. Zoning defers to Comprehensive Planning for determining consistency with the Comprehensive Plan. (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 Plat does not depict the type and location of lighting to be utilized with the proposed use. Therefore, the glare and light that may be generated by the proposed use cannot be adequately evaluated at this time. The development will be required to comply with the Light and Glare Standards in Section of the Zoning Ordinance. (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. Zoning defers to Loudoun Water and Fire, Rescue and Emergency Services regarding adequate servicing by essential public facilities and services, and to the Department of Transportation and Capital Infrastructure (DTCI) regarding orderly and safe road development and transportation. A-6

7 SPEX ELEVEN, INC January26, 2015 PAGE 4 V. OTHER COMMENTS 1. On the Special Exception Plat, Sheet 2, notes # 3, correct this note to clarify that the special exception is to allow the use gas pumps accessory to a convenience food store pursuant to Section 4-204(A)(4) of the Revised 1993 Zoning Ordinance. 2. On the Special Exception Plat, Sheet 2, notes # 4, correct this note, as the vesting rights of the PD-SC zoning district of the 1972 Zoning Ordinance will no longer apply to the property, as it is proposed to be regulated under the PD-CC(NC) zoning district of the Revised 1993 Zoning Ordinance. 3. On the Special Exception Plat, Sheet 2, notes # 5a, add the approval date of site plan STPL , June 13, On the Special Exception Plat, Sheet 2, notes # 10, revise the note to reflect the correct purpose of the special exception application. 5. On the Special Exception Plat, Sheet 2, notes # 16, revise this note to reflect the noise standard regulated in Section of the Revised 1993 Zoning Ordinance. Demonstrate conformance with that section of the Ordinance. 6. On the Special Exception Plat, Sheet 2, notes # 17, revise the note to reflect the purpose of the correct special exception application. See note #8 below. 7. The location of the Dumpster Pad is depicted on the plat. Ensure that such pad is screened and depict this on the special exception plat. 8. Provide a Zoning Tabulations on Sheet 2 of the Special Exception Plat which includes the square footage of the lot, maximum permitted and proposed building height, maximum permitted and proposed FAR (Floor Are Ratio), minimum allowable and proposed building setbacks, maximum allowable and proposed building square footage, parking tabulation etc. Please note that the zoning tabulations must be that of the PD-CC(NC) zoning district. 9. The Statement of Justification states that the application is requesting a modification of the hours of operation for the convenience store. Clarify that the special exception application is to permit the use gas pumps accessory to a convenience food store pursuant to Section 4-204(A)(4) of the PD-CC(NC) zoning district under the Revised 1993 Zoning Ordinance. 10. On the Special Exception Plat, Sheet 2, include a note that the property is within the AI (Airport Impact) Overlay District and is subject to Section of the Revised 1993 Zoning Ordinance. 11. On the Special Exception Plat, Sheet 2, include a note that the property is within the QN (Quarry Notification) Overlay District and is subject to Section of the Revised 1993 Zoning Ordinance. A-7

8 SPEX ELEVEN, INC January26, 2015 PAGE The approved site plan amendment SPAM depicts an automated car wash in addition to a convenience store and gas pumps canopy on the property. Clarify whether the car wash is still proposed to be on the site. If the car wash is proposed to be on the property, then it needs to be included and depicted on the special exception plat, as car wash, accessory to a convenience food store, is permissible by special exception, pursuant to Section 4-204(A)(17) of the Revised 1993 Zoning Ordinance. 13. Please note that once the special exception application is approve, the Applicant may be required to submit and obtain approval of a site plan amendment (SPAM) and zoning permit. 14. Staff notes that the Applicant may wish to modify certain regulations of the Ordinance in order for the proposed special exception application to conform to all the regulations of the Revised 1993 Zoning Ordinance. A-8

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15 January 14, 2015 Mr. Evan Harlow County of Loudoun Department of Building and Development 1 Harrison Street, S.E. P.O. Box MS#60A Leesburg, Virginia Re: 7 Eleven, Inc. Loudoun County Application Number: SPEX Dear Mr. Chikalard: We have reviewed the above application as requested in your December 16, 2014 transmittal (received December 23, 2014). We have no objection to approval of this application. If you have any questions, please call me at (703) to discuss. Sincerely, Clyde A. Wallace, P.E. Engineer cc: Imad Salous, P.E. Attachment 1d A-15

16 Loudoun County, Virginia Department of Fire, Rescue and Emergency Management 801 Sycolin Road, Suite 200 Leesburg, VA Phone Fax Memorandum To: Evan Harlow, Project Manager From: Maria Figueroa Taylor, Fire-Rescue Planner Date: January 23, 2015 Subject: 7-Eleven, Inc. SPEX Thank you for the opportunity to review the Applicant s response to first referral comments regarding the above captioned application. The Fire and Rescue Planning Staff has no comments. The Fire-Rescue GIS and Mapping coordinator offered the following information regarding estimated response times: PIN Dulles South, Station 19 Travel Time seconds Travel times are determined using ESRI GIS network analyst along the county s street centerline with distance and speed limit being the criteria. Travel time is reported in minutes and seconds. For the approximate response time two minutes is added for turnout time. Approximate response times Dulles South, Station 19 2 minutes, 21 seconds If you have any questions or need additional information, please contact me at c: Project file Attachment 1e A-16

17 Loudoun County, Virginia Department of Building and Development Zoning Administration / MSC# 60 1 Harrison Street, S.E., P.O. Box 7000, Leesburg, VA Administration: Fax: June 5, 2008 Michael Banzhaf ReedSmith, LLP Riverside Parkway, Suite 300 Leesburg, VA RE: South Riding, ZMAP Dear Mr. Banzhaf: This correspondence is in response to your letter to Melinda Artman, received April 30, 2008, in which you inquired how the County intends to administer the provisions of the Revised 1993 Zoning Ordinance, in relation to the above referenced development, after June 16, This date is significant as it represents the expiration date for the provision of Section 1-103(M) which otherwise allows for the continued application of the 1972 Zoning Ordinance to any proffered PD-H zoning which existed on June 16, It should be noted that this regulation has been in the zoning ordinance since 1993 and no County initiated change in zoning regulation is actually occurring on June 16, The above referenced development was initially approved on March 3, 1993 and is subject to numerous legislative changes approved pursuant to the provisions of the 1972 Zoning Ordinance including certain Zoning Modifications. Additionally, portions of the property that were the subject of the above referenced application have been the subject of various approved preliminary subdivisions, record subdivisions and site plans. Please note that this correspondence does not apply to the applications referenced in your letter as Attachments 6 and 8. Attachment 6 of your submission packet is the copy teste for ZMAP and is specifically not addressed by this correspondence as the property that is the subject of that zoning map amendment is already regulated under the Revised 1993 Zoning Ordinance. Likewise, the Comprehensive Sign Plan for South Riding Station, which was approved as ZMOD , the copy teste for which you included as Attachment 8, is also not addressed. Since South Riding Station is already administered under the Revised 1993 Zoning Ordinance, this letter is inapplicable to that legislative application. You should also be aware that the copy teste you submitted as attachment 8 contains a significant error as it references the wrong application in the body of the text. I am attaching a copy of a corrected copy teste for your records. (Attachment 1) A portion of the property that was the subject of the ZMAP was remapped to the PD- H24 zoning district. Since this approval occurred prior to June 16, 1993 it meets the first test of Section 1-103(M) in that it was a proffered PD-H zoning which existed on June 16, With the adoption of the 1993 Zoning Ordinance, the property was mapped PD-H4, but continued to be ZCOR Attachment 2 A-17

18 Michael Banzhaf June 5, 2008 Page 2 of 4 administered as PD-H24 under the 1972 Zoning Ordinance due to the provisions of Section 1-103(M) of the 1993 Zoning Ordinance. The property owners never waived the protections afforded by Section 1-103(M) and the property has, therefore, been developed, to date, under the provisions of the 1972 Zoning Ordinance. Based upon your correspondence you have indicated that you would like a determination of vested rights concerning the future of development on the property that is the subject of the above referenced Zoning Map Amendment. The issuance of such a determination is not possible as the question involves thousands of parcels and no specific parcels have been identified. Further Section 1-103(O) only provides for the Zoning Administrator to issue a determination concerning vested rights in conjunction with the request for approval of a site plan, subdivision or building permit and only with the concurrence of the County Attorney. You have identified two site plan applications, STPL : Defender Drive, and STPL : Land Bay F, as pending applications. You mention a third site plan application, but failed to provide an application number for it. However, in electronic correspondence from you, dated June 3, 2008 and June 4, 2008, you have identified STPL : Town Center Condos as the third site plan application. I will address your request as it pertains to these three pending site plan applications. Before addressing your question as it pertains to the specific site plan applications, please be advised that I am enclosing herewith a copy of a March 24, 2008 Information Item ( Memorandum ) (Attachment 2) that was prepared for the Transportation/Land Use Committee of the Board of Supervisors by Melinda Artman, Zoning Administrator addressing the Sunset of 1972 Zoning Ordinance for certain PD-H Districts in the hopes that the Memorandum will provide you with information on what is anticipated to occur after June 16, Generally speaking, after June 16, 2008 the provisions of the Revised 1993 Zoning Ordinance will be the operative regulations unless they conflict with an accepted proffer or concept development plan, and approved Zoning Modifications shall continue in force and effect. In addition to the direction provided by the Memorandum, please be advised that any property within an approved PD-H zoning district, including the referenced property, which has received approval of a preliminary subdivision application under the 1972 Zoning Ordinance, shall continue to have diligently pursued record plats processed under the 1972 Zoning Ordinance, provided such record plats are submitted prior to the expiration of the approved preliminary subdivision plat. Additionally, for each valid approved record plat and each lot or parcel that is the subject of a valid approved site plan, the issuance of zoning/building permits shall also be determined based on the provisions of the 1972 Zoning Ordinance up through, and including, the issuance of the initial occupancy permit for such lot or parcel. The above information is intended to provide you with information of a general nature concerning the sunsetting of the application of the 1972 Zoning Ordinance. A determination request may be submitted should a specific issue related to a specific parcel arise during the review of any plan or permit under the Revised 1993 Zoning Ordinance following the sunset of the 1972 Zoning Ordinance and such issue shall be addresses on a case by case basis In regard to STPL : Defender Drive, it appears that this application was accepted by the County on May 1, At this time the application is on its fourth submission, with such submission having been received by the County on May 14, Such application was submitted in good faith in reliance on a significant affirmative governmental act which remains in effect. ZCOR A-18

19 Michael Banzhaf June 5, 2008 Page 3 of 4 Given that the application is in its fourth submission, and that such submission has recently been submitted, it appears that the diligent pursuit of the site plan is ongoing, and I believe that it can be presumed that substantial expenses have been incurred in the engineering and development of the site plan. Therefore, provided that the applicant continues to diligently pursue approval, construction and completion of the buildings shown on STPL , the applicant shall be deemed to have a vested right to have the approval of such site plan, the issuance of subsequent zoning/building permits, and the issuance of the initial occupancy permit for each building currently shown on the site plan based on the provisions of the 1972 Zoning Ordinance. The preceding paragraph applies solely to the property that is the subject of STPL and is not binding on the County, the Zoning Administrator or any other official with respect to any other property. In regard to STPL : Land Bay F, it appears that this application was accepted by the County on May 17, At this time the application is on its fifth submission, with such submission having been received by the County on May 14, Such application was submitted in good faith reliance on a significant affirmative governmental act which remains in effect. Given that the application is on its fifth submission, and that such submission has recently been submitted, it appears that the diligent pursuit of the site plan is ongoing, and I believe that it can be presumed that substantial expenses have been incurred in the engineering and development of the site plan. Therefore, provided that the applicant continues to diligently pursue approval, construction and completion of the buildings shown on STPL , the applicant shall be deemed to have a vested right to have approval of such site plan, the issuance of subsequent zoning/building permits and the issuance of the initial occupancy permit for each building currently shown on the site plan based on the provisions of the 1972 Zoning Ordinance. The preceding paragraph applies solely to the property that is the subject of STPL and is not binding on the County, the Zoning Administrator or any other official with respect to any other property. In regard to STPL : Town Center Condos, it appears that this application was accepted by the County on April 22, At this time the application is on its first submission. Such application was submitted in good faith reliance on a significant affirmative governmental act which remains in effect. Given that such submission is still undergoing its initial review it is difficult to ascertain whether its approval is being diligently pursued or not. However, given that the site plan met submission requirements and has been accepted for review, it appears appropriate to presume that substantial expenses have been incurred in the engineering and development of the site plan. Therefore, provided that the applicant continues to diligently pursue approval, construction and completion of the buildings shown on STPL , the applicant shall be deemed to have a vested right to have approval of such site plan, the issuance of subsequent zoning/building permits and the issuance of the initial occupancy permit for each building currently shown on the site plan based on the provisions of the 1972 Zoning Ordinance. The preceding paragraph applies solely to the property that is the subject of STPL and is not binding on the County, the Zoning Administrator or any other official with respect to any other property. ZCOR A-19

20 Michael Banzhaf June 5, 2008 Page 4 of 4 Please be advised that any person aggrieved, or any officer, department or agency of Loudoun County affected by an order, requirement, decision or determination made by an administrative officer in the administration or enforcement of the provisions of the Revised 1993 Zoning Ordinance may appeal said decision within thirty days to the Board of Zoning Appeals in strict accordance with Section of the Code of Virginia. This decision is final and unappealable if not appealed within 30 days. Please contact me at if I can provide any additional information or assistance regarding the above matter. Sincerely, Larr Kelly Planner, Zoning Administration Pursuant to Virginia Code Section : Concurrence with the foregoing vesting determinations for STPL , STPL and STPL and for no other purpose. Ronald J. Brown Deputy County Attorney cc: Melinda Artman, Zoning Administrator Mark Stultz, Deputy Zoning Administrator Stevens Miller, Dulles District Supervisor South Riding, L.P., Property Owner ZCOR A-20

21 STATEMENT OF JUSTIFICATION SPEX Eleven, Inc. Special Exception To Modify Convenience Store Hours Of Operation Loudoun County PIN # February 6, 2015 I. Introduction 7-Eleven, Inc. is the Owner of an approximately 2.13 acre parcel of land, more particularly described as Loudoun County PIN # (the Subject Property ), and is the Applicant of a Special Exception to modify the hours of operation of an approved convenience store. To implement the modification of the hours of operation, the Applicant is requesting a Special Exception application to permit the use gas pumps accessory to a convenience food store pursuant to Section 4-204(A)(4) of the Planned Development Commercial Center Neighborhood Center ( PD-CC-NC ) zoning district under the Revised 1993 Zoning Ordinance. The Subject Property is located adjacent to Loudoun County Parkway, just east of its intersection with Nations Street, approximately a half-mile south of Route 50 in the Dulles Election District of Loudoun County. The Subject Property is zoned to the Planned Development Housing 4 ( PD-H4 ) zoning district, administered as the PD-CC-NC zoning district, pursuant to the Revised 1993 Loudoun County Zoning Ordinance. The Subject Property was previously zoned PD-H24, administered as Planned Development Shopping Centers ( PD-SC ), pursuant to the 1972 Zoning Ordinance. The approved convenience store and automobile filling station uses, which are currently under construction, are being developed in accordance with the 1972 PD-SC zoning district. The Subject Property is located in the Suburban Policy Area and is planned for Business uses pursuant to the land use recommendations of the Revised General Plan (the "Plan"). Plan policies support commercial uses at this location. II. History and Background The Subject Property was originally rezoned as part of Land Bay F of South Riding in the 1990s. As a result of this rezoning, the Subject Property was zoned PD-H24, administered as PD-SC, pursuant to the 1972 Zoning Ordinance, which permits the convenience store and Attachment 3 A-21

22 7-Eleven, Inc. Statement of Justification Page 2 of 4 automobile filling station uses as a matter of right. However, Section 611.f. of the 1972 Zoning Ordinance limits the hours of operation of a convenience store to 6:00 a.m. to 11:00 p.m. if the convenience store is located within 1,000 feet of residentially zoned property. There is not an hours of operation restriction associated with the automobile filling station/gas pumps. When the 1972 Zoning Ordinance sunset for all properties located outside of the Route 28 Tax District in 2008, a vesting determination was issued on June 5, 2008 stating that the Subject Property could be developed under STPL , or under any amendments to this site plan. Subsequent site plan amendments have been approved and permits have been issued by Loudoun County for the convenience store and automobile filling station uses. These uses are currently under construction on the Subject Property and are targeted for completion in early III. Proposal The sole purpose of this Special Exception application is to modify the convenience store hours of operation from 6:00 a.m. to 11:00 p.m. to 24-hours. This modification would enable the convenience store to operate on the same 24-hour schedule as the automobile filling station/gas pumps. The Revised 1993 Zoning Ordinance does not contain any restriction related to the hours of operation of a convenience store. There are convenience store performance standards listed in Section of the Revised 1993 Zoning Ordinance. The convenience store conforms to all of the performance standards listed in Section To modify the hours of operation, County staff stated in a June 13, that the Applicant would need to file a Special Exception for gas pumps accessory to a convenience food store pursuant to Section (A) (4) of the Revised 1993 PD-CC-NC zoning district. While it is clear the convenience food store and gas pumps are already approved uses on the Subject Property, the Special Exception application would simply serve as a means by which to modify the hours of operation restriction held over from Section 611.f. of the 1972 Zoning Ordinance. To implement the modification of the hours of operation, the Applicant is requesting a Special Exception application to permit the use gas pumps accessory to a convenience food store pursuant to Section 4-204(A)(4) of the PD-CC-NC zoning district under the Revised 1993 Zoning Ordinance. IV. Transportation The Subject Property is benefited by excellent access to Loudoun County Parkway and nearby Route 50. According to the Transportation Evaluation completed for this Special Exception by Wells + Associates, the approved uses would generate approximately 226 total AM peak hour trips, 256 total PM peak hour trips and 3,936 average daily trips. The Special A-22

23 7-Eleven, Inc. Statement of Justification Page 3 of 4 Exception use would generate approximately 213 total AM peak hour trips, 253 total PM peak hour trips and 3,069 average daily trips. A comparison of the proposed versus approved trips indicates that the Special Exception use generates marginally fewer peak hour trips. The challenge with this evaluation is that the Institute of Transportation Engineers Land Use Codes do not explicitly provide a reasonable and direct comparison of a 16-hour facility operation versus a 24-hour facility operation. The trips for the approved and proposed uses would be primarily Pass-by trips and not necessarily new trips, in particular, during the late and early morning hours. Most importantly, no commuter peak hour trip increases (AM and PM) are anticipated by extending the hours of operation, which is the analysis threshold of the Loudoun County s Facilities Standards Manual, and therefore no impact to the adjacent roadway network is expected as part of the Special Exception. V. Special Exception Issues for Consideration Section of the Zoning Ordinance contains issues for consideration for Minor Special Exception and Special Exception applications. In considering a Minor Special Exception or Special Exception application, the following 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) (1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. The Subject Property is located in the Suburban Policy Area and is planned for Business uses pursuant to the land use recommendations of the Plan. Plan policies support commercial uses at this location. (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 extension of the hours of operation for the convenience store will not have a negative impact on 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 convenience store and automobile filling station are compatible with the other commercial uses in Land Bay F. A-23

24 7-Eleven, Inc. Statement of Justification Page 4 of 4 (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 extension of the hours of operation for the convenience store will not have a negative impact on the 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 extension of hours of operation will enable the convenience store to operate during the same hours as the automobile filling station. The approval of the proposed Special Exception will provide an establishment that will offer goods to the public at any time of the day. This will provide a convenient service for the public and will generate additional sales, and in turn additional tax revenue, for Loudoun County. (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 Subject Property is located in a suburban area that enables it to utilize the existing public utilities and services, roads, pedestrian connections and other transportation services already in place. VI. Conclusion The Special Exception corrects an inconsistency between the 1972 Zoning Ordinance and the Revised 1993 Zoning Ordinance while providing a more convenient and accessible use for the public. The hours of operation restriction was removed from the Revised 1993 Zoning Ordinance because it is an excessive limitation that unnecessarily restricts the business potential and convenience of the convenience store use. This restriction was replaced in the Revised 1993 Zoning Ordinance with a list of performance standards that offer reasonable restrictions on convenience store uses. Even though the convenience store use was approved under the 1972 Zoning Ordinance, it conforms to the performance standards listed in the Revised 1993 Zoning Ordinance. For all of the foregoing reasons, the Applicant respectfully requests positive consideration of the application from County staff, the Planning Commission and the Board of Supervisors. A-24

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