BOARD OF SUPERVISORS BUSINESS MEETING INFORMATION ITEM. Briefing Item: Land Development Applications November 9, 2016 Public Hearing

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1 BOARD OF SUPERVISORS BUSINESS MEETING INFORMATION ITEM Date of Meeting: November 1, 2016 # I-1 SUBJECT: ELECTION DISTRICT: STAFF CONTACTS: Briefing Item: Land Development Applications Public Hearing Countywide John Merrithew, Assistant Director, Planning and Zoning Ricky Barker, AICP, Director, Planning and Zoning PURPOSE: The purpose of this item is to solicit any additional comments or questions on land development items so staff may prepare a response for the Public Hearing. BACKGROUND: The Board of Supervisors Public Hearing includes 4 land development applications, a combined Comprehensive Plan Amendment and Zoning Ordinance Amendment (ZOAM) and interim additions to Agricultural and Forestal Districts: 1. Interim additions are proposed for the the New Catoctin, New Lovettsville, Middleburg West, New Bluemont and New Ebenezer Agricultural and Forestal Districts in the Blue Ridge and Catoctin Election Districts. The Planning Commission has recommended approval. 2. A Minor Special Exception (SPMI) in the Blue Ridge Election District to allow a home child care in a townhouse. SPMI applications come directly to the Board without Planning Commission review. Staff supports approval of the application. 3. A zoning conversion (ZRTD) on a developed property on Moran Road. The Planning Commission has recommended approval of the application. Staff supports approval. 4. A Sign Development Plan (SIDP) for temporary signs in a residential community near Moorefield Station in the Broad Run Election District. The Commission supports the application with changes to remove certain signs from the proposal. The applicant has agreed to the change. Staff supports approval. 5. A Zoning Concept Plan Amendment (ZCPA) on Route 606 and Carter School Road to permit outdoor vehicle storage and other industrial uses in the Dulles Election District. The Commission recommends approval. Staff supports approval.

2 Item I-1, Briefing Item: Land Development Applications, Public Hearing Board of Supervisors Business Meeting November 1, 2016 Page 2 CPAM (Comprehensive Plan Amendment) and ZOAM (Zoning Ordinance Amendment) modify policies of the Revised General Plan and standards and procedures of the Revised 1993 Zoning Ordinance to implement recently adopted changes to the Code of Virginia Section , which impact the County s ability to accept proffered conditions. The Planning Commission made no changes to the proposal and recommends approval. The CPAM and ZOAM will be combined in one staff report and heard together at the Public Hearing. Staff will update the Board on November 1 and solicit any Supervisor questions or comments concerning the land use items so staff can respond at the hearings. A summary of the applications is attached to the item. Attachment 1 provides an additional description of each application. Attachment 2 outlines cases projected for the December 2016 and January 2017 Public Hearings. ATTACHMENTS: 1. Public Hearing 2. Projected Public Hearing Items

3 PUBLIC HEARING LOUDOUN COUNTY BOARD OF SUPERVISORS WEDNESDAY, 1. PROPOSED SALE OF COUNTY PROPERTY, COUNTY-OWNED AFFORDABLE DWELLING UNITS (ADUs) Pursuant to Virginia Code , the Board of Supervisors shall consider the conveyance of following County-owned Affordable Dwelling Units (ADUs) to ADU qualified certificate holders: 2. AMENDMENTS TO CHAPTER 1450 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY AFFORDABLE DWELLING UNITS The Board of Supervisors gives notice of its intention to propose amendments to Chapter 1450, Affordable Dwelling Units, of the Codified Ordinances of Loudoun County in order to establish new, and revise, clarify, and/or delete existing, requirements in regard to the administration of Affordable Housing Units. Zoning Ordinance Amendment (ZOAM) , which was adopted by the Board of Supervisors at its October 12, 2016, public hearing, permits developers to provide Affordable Housing Units in lieu of the affordable dwelling units required under the Revised 1993 Zoning Ordinance. The purpose of these amendments is to assist affordable housing developers in obtaining financing assistance from the Virginia Housing Development Authority and U.S. Department of Housing and Urban Development. 3. AMENDMENTS TO CHAPTER 1066 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY PRIVATE SEWAGE DISPOSAL SYSTEMS Pursuant to Virginia Code , , and , the Board of Supervisors gives notice of its intention to propose for passage comprehensive amendments to Chapter 1066, Private Sewage Disposal Systems, of the Codified Ordinances of Loudoun County. The proposed amendments include, without limitation, the following: new requirements in regard to the Intent of Chapter 1066, establish new or revise Definitions as necessary to implement the amendments, clarify existing requirements in regard to the facilities that new dwellings shall be furnished, establish and revise requirements in regard to general onsite sewage treatment system requirements, applications for permits, voidance of permits, and building permits. 4. REPEAL OF OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY Aldie Sewer Service District Pursuant to Virginia Code , the Board of Supervisors gives notice of its intention to propose for passage an ordinance that would repeal of the Codified Ordinances of Loudoun County in its entirety was adopted on June 15, 1994, to establish the Aldie Sewer Service District ( Service District ) which includes properties in the Village of Aldie both north and south of Route 50. The Service District was established in order to finance the installation of certain public sewage treatment facilities to serve properties within the Service District through the levy and collection of special taxes. The loan that was obtained to finance the public sewage treatment facilities has been repaid, in full, using the special tax revenues collected from said Service District. Therefore, the Service District is no longer needed. Attachment 1

4 Page 2 5. GRANT OF EASEMENT(S) TO NORTHERN VIRGINIA ELECTRIC COOPERATIVE (NOVEC) (ELECTRIC) OVER AND ACROSS COUNTY PROPERTY (KIRKPATRICK WEST FIRE AND RESCUE STATION #27) The Board of Supervisors shall consider granting a 14,532 square foot electric easement to Northern Virginia Electric Cooperative (NOVEC), to replace an existing NOVEC easement that will be vacated for the widening of Northstar Boulevard, over and across a portion of certain County-owned property that is know as Kirkpatrick West Fire and Rescue Station # INTERIM ADDITIONS TO AGRICULTURAL AND FORESTAL DISTRICTS Election District: Blue Ridge, Catoctin Project Manager: Rody Iwanczuk, Department of Planning & Zoning, Ricky Barker, Director Applications have been received by the Loudoun County Department of Planning and Zoning and referred to the Agricultural District Advisory Committee (ADAC) and the Planning Commission pursuant to Chapter 43, Title 15.2 of the Code of Virginia to add parcels to the following Agricultural and Forestal Districts: DISTRICT PIN TAX MAP NUMBER New Catoctin South /19//21////10E New Catoctin South /29///9/////A/ New Catoctin South /29///9/////B/ New Catoctin South /16//19/////5/ New Lovettsville //9////////68B New Lovettsville //9///2/////2A Middleburg West /86/////////4B Middleburg West /86/////////4C New Bluemont /42/////////1/ New Bluemont /33////////30/ New Bluemont /42/////////2A New Ebenezer /42//13/////2/ Received applications were referred to the ADAC for review and recommendation. The ADAC held a public meeting on August 9, 2016, to consider the applications. The report and recommendations of the ADAC were considered by the Planning Commission at its public hearing on September 27, The Commission voted 9-0 to recommend approval. SPMI , SMART KIDS HOME DAY CARE Election District: Blue Ridge Project Manager: Steve Barney, Department of Planning & Zoning, Ricky Barker, Director Kalaivani Jaganathan of Ashburn, Virginia, has submitted an application to permit a Child Care Home in the PD-H4 (Planned Development-Housing) zoning district. The Applicant requests modifications to reduce the outdoor play area from 900 square feet to 840 square feet, and allow the child care use in a home on a lot of less than 5,000 square feet.

5 Page 3 The subject property is approximately 0.08 acre in size and is located east of Northstar Boulevard and north of Shreveport Drive, at Fox Tracks Terrace. The policies of the Revised General Plan (Suburban Policy Area (Dulles Community)) designate this area for industrial uses. Minor Special Exceptions are not reviewed by the Planning Commission. Staff supports approval. The reduction in outdoor play area should not impact neighbors and traffic impact is minimal. ZRTD , NVA DEVELOPMENT LLC Election District: Broad Run Project Manager: Jacqueline Marsh, Department of Planning & Zoning, Ricky Barker, Director NVA Development Group, LLC, of Vienna, Virginia, proposes to rezone approximately 4.0 acres from the PD-IP (Planned Development Industrial Park) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance to accommodate uses permitted under the Revised 1993 Ordinance. The subject property is located within the Route 28 Taxing District and is located south of Moran Road, west of Pacific Boulevard, and on the east side of Powers Court. The policies of the Revised General Plan (Suburban Policy Area (Ashburn Community) and Route 28 Corridor Plan) designate this area for Route 28 Business uses at a recommended FAR of 0.4 to 1.0. The Planning Commission heard this case at its October 25 Public Hearing. There was no public comment and the Commission voted 9-0 to recommend approval. Staff supports approval as the application is consistent with planned land use and the County s objective to convert properties to the latest Zoning Ordinance.

6 Page 4 SIDP , WESTMOORE SIGN DEVELOPMENT PLAN Election District: Broad Run Project Manager: Rick Hancock, Department of Planning & Zoning, Ricky Barker, Director NVR, Inc. of Fairfax, Virginia, has requested alternative sign regulations to modify the maximum number, size, height and locations of a series of temporary signs associated with ongoing development and marketing of a residential project. The property is being developed pursuant to ZMAP and ZCPA (Moorefield Station) in the PD-TRC (Planned Development Transit Related Center) and PD-H3 (Planned Development Housing 3) zoning districts. The property is approximately 65.3 acres in size and is located north of Loudoun County Parkway (Route 607), east of Mooreview Parkway, west of Dulles Greenway and south of Croson Lane. The policies of the Revised General Plan (Suburban Policy Area (Ashburn Community)), designate this area for Business and High Density Residential uses at a recommended density of 8 to 24 dwelling units per acre. At its September 27, 2016 Public Hearing, the Planning Commission voted 7-2 (Scheel and Blackburn opposed) to forward the application to the Board of Supervisors (Board) with a recommendation of approval, excluding sign type #2, Community Fence Wrap Signs. The applicant responded to the Planning Commission s concerns and removed the Fence Wrap Sign, from the request. Staff also supports approval. ZCPA & SPEX , PROLOGIS PARK GATEWAY PHASE V Election District: Dulles Project Manager: Judi Birkitt, Department of Planning & Zoning, Ricky Barker, Director PROLOGIS-Exchange Old Ox Road LLC, of Boston, Massachusetts, has submitted applications for the following: 1) To replace the existing proffers and concept development plan to: a) Relocate and widen an interparcel access; b) Dedicate and construct Carters School Road; c) Reduce the number and relocate the access points; d) Reduce the required width and plantings for the landscape buffer along Route 606; e) Revise a regional road cash contribution to address a signal at the entrance to Old Ox Road; and f) Revise phasing that is linked to Route 606 widening improvements. zoning district; and 2) A Special Exception to permit outdoor storage of vehicles, in the PD-GI (Planned Development General Industry) zoning district. The property is approximately 81.1 acres in size, and is located on the west side of Carters School Road and on the south side of Old Ox Road. There is no change in density. The Revised General Plan (Dulles Community (Suburban Policy

7 Page 5 Area)) designates this area for General Industrial uses at a recommended Floor Area Ratio (FAR) of up to The Planning Commission considered this application at its October 25, 2016 Public Hearing. There was no public comment and the Commission voted 9-0 to recommend approval. Staff supports approval. The application is consistent with planned land use, minimizes the visual impact of the outdoor storage and maintains right-of-way reservation providing inter parcel access to Airport property. CPAM , AMENDMENTS TO THE REVISED GENERAL PLAN TO ESTABLISH SMALL AREA PLANNING AREAS AND TO REVISE PROFFER POLICIES AND GUIDELINES Election District: Countywide Project Manager: John Merrithew, Department of Planning & Zoning, Ricky Barker, Director Pursuant to Virginia Code , , and and a resolution adopted by the Board of Supervisors on June 23, 2016, the Board of Supervisors gives notice of a Comprehensive Plan Amendment (CPAM) to amend the Loudoun County General Plan and the 2010 Countywide Transportation Plan to establish 3 new small area comprehensive plans as new components of the Revised General Plan, and establish new, and clarify, revise, and/or delete certain existing, text, policies, and guidelines in regard to proffered conditions, in order to bring the Revised General Plan and 2010 Countywide Transportation Plan into conformance with recent amendments to the Virginia Code that established new limiting Loudoun County s authority to accept certain proffered conditions. The proposed CPAM would apply Countywide. Key changes include: Establish 3 new small area comprehensive plans and maps, and associated new policies, for areas within the Suburban Policy Area in the vicinity of the 3 Silver Line Metrorail stations in Loudoun County, which areas coincide generally with the Ashburn Community, Dulles Community, and Sterling/Potomac Communities, as such communities are defined in the Revised General Plan, and shown on the maps below.

8 Page 6 (This item will be heard concurrently with ZOAM , PROPOSED ZONING ORDINANCE AMENDMENT TO COMPLY WITH VIRGINIA CODE AFFECTING REZONINGS) ZOAM , PROPOSED ZONING ORDINANCE AMENDMENT TO COMPLY WITH VIRGINIA CODE AFFECTING REZONINGS Pursuant to Virginia Code , , , and , and a Resolution of Intent to Amend adopted by the Board of Supervisors on June 23, 2016, the Board of Supervisors hereby gives notice of proposed amendments to the Revised 1993 Loudoun County Zoning Ordinance ( Zoning Ordinance ) in order to establish new, and clarify, revise, and/or delete existing, regulations in regard to Zoning Amendments and proffered conditions in order to bring the Zoning Ordinance into conformance with recent amendments to the Virginia Code that established new New Virginia Code became effective on July 1, 2016, and limits Loudoun County s authority to accept certain proffered conditions. The amendments propose revisions to Section et seq., Zoning Amendment, and such other Articles, Sections, Subsections, and provisions of the Zoning Ordinance as necessary to implement and maintain consistency with the foregoing amendments and to correct typographical errors and update references. The proposed text amendments include the following: Clarify, revise, and/or delete certain existing regulations in regard to review of applications, review and acceptance of complete applications, staff review of applications, review schedules, decision deadlines, applicant responses, and Planning Commission and Board of Supervisors Public Hearings. Revise certain existing regulations in regard to conditional zoning to distinguish the circumstances under which the County may accept reasonable conditions governing the use of property under Virginia Code versus Virginia Code Establish new, and clarify, revise, and/or delete certain existing, regulations in regard to proffered conditions, to include, without limitation, regulations in regard to when proffers are made, contents and timing of proffers, and proffer amendments.

9 Page 7 Revise certain existing regulations in regard to the report by the Planning Commission, to include, without limitation, regulations in regard to the consideration that the Planning Commission shall give to mitigation of potential impacts for Zoning Map Amendments. Revise certain existing regulations in regard to contents of concept development plans, to include, without limitation, regulations in regard to showing certain civic uses, public uses, transportation/access, and open space areas. At its September 27, 2016 Public hearing, the Planning Commission voted 9-0 to recommend approval of the CPAM and ZOAM. There was no public comment at the hearing. The Commission discussed the specific impacts on its review and the issues associated with the State Code changes but made no changes to the proposal. The ZOAG adopted the following motion: That there be a discernable process for areas subject to the new proffer legislation included in the Zoning Ordinance and not in a policy document, but the ZOAG is not wholly comfortable with references to Code of Virginia and how it will affect the processing of applications in areas not exempt. (motion passed 5-4) Staff supports approval. The amendments ensure compliance with the State Code, position the County to ensure continued mitigation of the impacts associated with new development and minimize or eliminate the need to modify long-standing capital and fiscal planning tools.

10 Planner Name District Number Accepted PC PH Date BOS PH Date Brief Description NVA DEVELOPMENT GROUP BRDRUN ZRTD /18/ /25/ /9/2016 A zoning map amendment to rezone 4.0 acres from the 1972 PDIP district to the Revised 1993 PDIP district HANCOCK RICHARD HANCOCK RICHARD HANCOCK RICHARD HANCOCK RICHARD PROLOGIS PARK DULLES - GATEWAY PHASE V PROLOGIS PARK DULLES - GATEWAY PHASE V DULLES ZCPA /28/ /25/ /9/2016 DULLES SPEX /28/ /25/ /9/2016 SMART KIDS BLURDG SPMI /10/ /9/2016 WESTMOORE SIGN DEVELOPMENT PLAN BRDRUN SIDP /22/2016 9/27/ /9/2016 A sign development plan BROADLANDS SECTIONS 104 & 108 ASHBUR ZCPA /1/ /25/ /14/2016 DAVIS DRIVE SUBSTATION BRDRUN ZRTD /24/ /25/ /14/2016 DAVIS DRIVE SUBSTATION BRDRUN CMPT /24/ /14/2016 A zoning concept plan amendment to amend the proffers and CDP approved with ZMAP A special exception to allow an interim outdoor storage, vehicle use A Minor Special Exception to modify performance standards of 5-609(A)(14) to permit use on a lot less than 5,000 sq ft and to reduce the required play area A Zoning Concept Plan Amendment to amend the Proffers and CDP approved with ZCPA for Section 108 to replace the Public Use Site with a commitment to make a contribution to the County in lieu thereof, amend the CDP for Section 108 to replace the A zoning map amendment to rezone approximately 5.3 acres from PDIP governed under the 1972 zoning ordinance to PDIP governed under the Revised 1993 zoning ordinance A commission permit to allow a utility substation distribution facility in the PDIP zoning district DAVIS DRIVE SUBSTATION BRDRUN SPMI /14/ /14/2016 Modification to buffer requirements of Sec DBT-DATA BEAUMEADE FAR BRDRUN SPEX /17/ /25/ /14/2016 A special exception to permit data center uses up to 1.0 FAR DBT-DATA BEAUMEADE LOT COVERAGE BRDRUN SPEX /17/ /25/ /14/2016 A special exception to increase the maximum lot coverage to 0.60 HENNESSY GOOSE CREEK GARDENS ASHBUR & PAVILION SPEX /18/ /22/ /14/2016 HENNESSY GOOSE CREEK GARDENS ASHBUR & PAVILION SPMI /18/ /22/ /14/2016 HENNESSY GOOSE CREEK GARDENS ASHBUR & PAVILION SPEX /18/ /22/ /14/2016 LOUDOUN HOSPITAL CENTER ASHBUR ZMAP /11/ /25/ /14/2016 LOUDOUN TECH CENTER LOT 12 BRDRUN ZRTD /29/ /22/ /14/2016 POET'S WALK AT LANDSDOWNE ASHBUR ZMOD /10/ /25/ /14/2016 Zoning Modifications. Attachment 2 A special exception to allow a banquet/event facility in the R-1 zoning district A minor special exception to modify Section 5-642(A)(5) to increase the number of attendees from 200 to 300. A special exception for special events in major floodplain pursuant to Section (B). A zoning map amendment to remove Land Bay P from Exhibit 24 of the original rezoning ZMAP A zoning map amendment to rezone approximately 4.21 acres from PDIP under the 1972 Zoning Ordinance to PDIP under the Revised 1993 Zoning Ordinance

11 Planner Name District Number Accepted PC PH Date BOS PH Date Brief Description POET'S WALK AT LANSDOWNE ASHBUR SPEX /10/ /25/ /14/ Dec SUNOCO INC - NOKES BOULEVARD BRDRUN SPEX /17/ /22/ /14/2016 COMMONWEALTH CENTER MINI- WAREHOUSE BRDRUN SPMI /12/ /22/2016 1/11/2017 A special exception to allow 16 gas pump service station and byright restaurant, carry-out A minor special exception to allow a mini-warehouse storage facility of up to 140K sf in the PDIP zoning district COMMONWEALTH CENTER MINI- WAREHOUSE BRDRUN ZMOD /12/ /22/2016 1/11/2017 A zoning modification request to eliminate the minimum tree canopy coverage for the property HANCOCK RICHARD SCHNEIDER MARCHANT COMMONWEALTH CENTER MINI- WAREHOUSE INOVA LOUDOUN MEDICAL CAMPUS LCSB WESTERN LOUDOUN GFA INCREASE LCSB WESTERN LOUDOUN TRANSPORTATION LCSB WESTERN LOUDOUN TRANSPORTATION LCSB WESTERN LOUDOUN UTILITY BUFFER NATIONAL CONFERENCE CENTER EAST NATIONAL CONFERENCE CENTER EAST FAR NATIONAL CONFERENCE CENTER WEST BRDRUN SIDP /12/ /22/2016 1/11/2017 a sign development plan for the proposed mini-warehouse ASHBUR SIDP /20/ /22/2016 1/11/2017 A sign development plan CATOCT SPEX /7/ /22/2016 1/11/2017 CATOCT CMPT /25/ /22/2016 1/11/2017 CATOCT ZMAP /25/ /22/2016 1/11/2017 CATOCT SPMI /7/ /22/2016 1/11/2017 ASHBUR ZMAP /7/ /22/2016 1/11/2017 ASHBUR SPEX /7/ /22/2016 1/11/2017 ASHBUR ZMAP /7/ /22/2016 1/11/2017 SUNOCO INC - NOKES BOULEVARD BRDRUN ZCPA /20/ /22/2016 1/11/2017 WATERSIDE TOWN CENTER BRDRUN ZMAP /6/ /20/2016 1/11/2017 WATERSIDE TOWN CENTER BRDRUN ZCPA /6/ /20/2016 1/11/2017 GOOSE CREEK VILLAGE ANIMAL HOSPITAL ASHBUR SPEX /12/ /20/2016 2/8/2017 WATERSIDE DULLES 2000 BRDRUN ZMAP /6/2016 2/8/2017 A special exception per 2-904(A), in the RC district, for any one use in excess of 10,000 sq ft in gross floor area. A commission permit to allow a permanent transportation facility and other governmental uses on approximately 8.35 acres A zoning map amendment to rezone approximately 1.83 acres from JLMA3 to RC to allow a permanent transportation facility and other government uses A minor special exception per 5-600, specifically 5-621(B) to modify the Type 4 Buffer Yard required for all public utility facilities Rezone from approximately 49 acres from PD-SA to PD-OP and 13 acres from PD-SA to PD-H3. A special exception to increase the Floor Area Ratio from 0.60 to 0.66 pursuant to Section 4-306(C) Rezone approximately 4.5 acres from PD-SA to R-8 to allow 36 single family attached units. A zoning concept plan amendment to amend the proffers and concept development plan approved with ZMAP A zoning map amendment to rezone 2.2 acres of land from PDRDP under the 1972 zoning ordinance to PDTC. A zoning concept plan amendment to amend the proffers and CDP approved with ZMAP A special exception to allow an animal hospital in the PD-CC(CC) zoning district A zoning map amendment to rezone 2.33 acres from PDTC to PDRDP and to exempt that acreage from the Waterside proffers.