COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM
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1 COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM DATE: October 20, 2016 TO: FROM: SUBJECT: PURPOSE: Loudoun County Planning Commission Mark A. Depo, Zoning Administration Ricky Barker, Director, Planning and Zoning Mark Stultz, Zoning Administrator, Planning and Zoning Chris Mohn, Deputy Zoning Administrator, Planning and Zoning ZOAM , Rural Commercial Residential Density Supplemental to the Planning Commission October 25, 2016 Public Hearing Staff Report The purpose of this supplemental memorandum is to provide the Planning Commission with information that was not available at the time the Public Hearing Staff Report was distributed. Due to the established timeframe to process ZOAM referral comments were received after the original packet was distributed and staff has prepared the following information based on the referral comments: 1) Summary of Referral Comments and 2) Zoning Ordinance Criteria of Approval. SUMMARY OF REFERRAL COMMENTS ZOAM was sent for review and comments to the following groups: Zoning Ordinance Action Group (ZOAG); Department of Building and Development (B&D), Engineering; B&D, Environmental Review Team; B&D, Zoning Permits; County Attorney s Office; Department of Economic Development; Department of Planning and Zoning (DPZ), Community Planning; DPZ, Land Use Review; Department of Transportation and Capital Infrastructure (DTCI), Transportation; Fire and Rescue Department Virginia Department of Transportation; and Rural Economic Development Council. Additionally, due to the established timeframe to process ZOAM and shortened referral review time period, a referral outreach meeting was held on October 19, 2016 to address any questions or concerns and to obtain feedback from referral agencies. Agency referral comments were received from B&D, Engineering; B&D, Zoning Permits; DPZ, Community Planning; DTCI, Transportation; and Economic Development and are provided with this memo. ZOAG provided comments at its October 5, 2016 meeting. ZOAG conveyed that the ZOAM is being pushed through too quickly and suggested that
2 ZOAM , Rural Commercial Residential Density Planning Commission Public Hearing Supplemental Memo October 20, 2016 Page 2 the item be sent to Planning Commission work session to enable more time to contemplate the proposed changes. Items ZOAG identified that needed more discussion and review are the reuse of existing structures for multi-family development; purpose and history of the RC zoning district; and RC property information. B&D, Engineering; B&D, Zoning Permits; DPZ, Community Planning; and DTCI, Transportation; and Economic Development had no issues with and generally supports the proposed ZOAM residential density in the RC zoning district. ZONING ORDINANCE CRITERIA OF APPROVAL Section (D), Text Amendments, of the Revised 1993 Loudoun County Zoning Ordinance states for an amendment of the text of this Ordinance, the Planning Commission shall consider the following matters: Standard Whether the proposed text amendment is consistent with the Comprehensive Plan. Analysis In general the policies of the Revised General Plan support new residential and non-residential uses within the existing villages, provided the use is compatible in scale, intensity, design and character with the existing development pattern. The proposed amendment is consistent with the Existing Village policies of the Revised General Plan. ATTACHMENTS Referral Agency Comments: 1. DPZ, Community Planning Division 2. DTCI, Transportation Planning and Operation Division 3. B&D, Engineering Division 4. B&D, Zoning Permit Division 5. Economic Development
3 County of Loudoun Department of Planning and Zoning MEMORANDUM DATE: October 18, 2016 TO: FROM: Mark Depo, Planner, Zoning Administration Pat Giglio, Planner, Community Planning SUBJECT: ZOAM , Rural Commercial (RC) Zoning District Residential Density. BACKGROUND At the September 22, 2016, Board of Supervisors (Board) Business Meeting, the Board adopted a resolution of intent to amend the Revised 1993 Loudoun County Zoning Ordinance to establish a maximum density for residential uses in the RC (Rural Commercial) zoning district (8-0-1, Randall absent). County Staff from the Department of Planning and Zoning, Zoning Administration at the direction of the Board has developed draft text amendments for the RC zoning district that defines residential uses as either single-family, single-family attached or multi-family dwelling units which may be developed at a maximum residential density of four (4) dwelling units per gross acre within the district. Community Planning Staff has reviewed the proposed zoning ordinance amendment and is providing the following information and comments to assist Zoning Administration in their development of ZOAM CONFORMANCE WITH THE COMPREHENSIVE PLAN Comprehensive Plan guidance for the proposed ZOAM is provided in the policies of the Revised General Plan (RGP). The proposed ZOAM will affect properties located within the Rural Policy Area, the Existing Villages, Joint Land Management Area of Purcellville and Hamilton, the Transition Policy Area and the Suburban Policy Area as identified by the Plan (RGP, Chapter 7, Planned Land Use Map). The Revised General Plan is the foundation for amendments to County ordinances to ensure that the County s goals are implemented through the regulatory process. It is intended that these ordinances and the Facilities Standards Manual will be updated so that they are consistent with the policies of the Revised General Plan (RGP, Chapter 1, Purpose and Definition, text). The County s Comprehensive Plan serves as the framework for which ordinances and regulations are adopted and implemented for the physical development of land within the County, which is required by State law and supported by State case law (RGP, Chapter 1, Legal Basis for the Plan, text). Attachment 1
4 ZOAM , Rural Commercial (RC) Zoning District Residential Density Community Planning Referral October 18, 2016 Page 2 Countywide there are 398 properties that are zoned RC (Rural Commercial), many of these properties are concentrated within the existing villages and cross road communities in both the eastern and western portions of the County. Properties that are zoned RC are located in the existing communities of Airmont, Aldie, Arcola, Ashburn Bluemont, Lenah, Lincoln, Lucketts, Loudoun Heights Philomont, Paeonian Springs, St. Louis, Taylorstown, and Waterford (see attachment). The largest concentrations of properties zoned RC are located in the villages of Ashburn and Arcola in eastern Loudoun where they consist of a mix of commercial and residential uses. The RC zoning district is predominately a commercial zoning designation that permits a variety of small scale by-right and special exception uses that are intended to serve the immediate daily needs of residents within the County s villages. The use list includes art gallery, business service establishment, convenience food store, farm market, financial institution, post office, professional and medical office, restaurant, and retail sales establishment among the by-right use permitted in the RC zoning district. A provision in the current RC zoning district also permits the by-right development of Residential uses, but does not specify an overall density or the types of permitted units. (Loudoun County Revised 1993 Zoning Ordinance, Section RC Rural Commercial District). The Existing Villages policies in Chapter 10 of the Revised General Plan are applicable to the majority of the existing properties that are zoned RC which are located within the existing villages. The County s policies for Existing Villages are focused on limiting new residential and non-residential activities to uses that are compatible with the historic development patterns, community character, and visual identity of the individual villages (RGP, Chapter 10, Existing Villages, text). The policies call for new development in and around Existing Villages to be visually compatible in terms of street pattern, street design, building footprint and setbacks to reinforce the character, pattern of development and identity of the existing village. The policies encourage the location of small scale, convenience sized commercial uses that meet local neighborhood needs on parcels with existing commercial zoning, such as the RC zoning district, in the villages. The policies also encourage a diverse range of residential dwelling types including accessory apartments attached to a single family dwelling and second story uses in commercial structures to locate within the villages. New dwelling units should be designed, sized and sited to ensure compatibility with the present scale and character of the existing villages. Conventional suburban forms of development are not appropriate in and contiguous to the Existing Villages (RGP, Chapter 10, Existing Villages, Policies 4,5,6 & 7). Plan Policies also call for the presence of adequate public facilities, zoning, transportation and land resources to support new residential and non-residential activities in the villages (RGP, Chapter 10, Existing Village Policies 2). In general the policies of the Plan support new residential and non-residential uses within the existing villages, provided the use is compatible in scale, intensity, design and character with the existing development pattern. The proposed zoning ordinance amendment language limits the overall residential density to four (4) dwelling units per acre in the RC zoning district, which is in keeping with the smaller quarter and half acre lots that are currently found within the existing villages. The proposed amendment is
5 ZOAM , Rural Commercial (RC) Zoning District Residential Density Community Planning Referral October 18, 2016 Page 3 consistent with development strategy for the existing villages which calls for limited residential and non-residential growth. Community Planning Staff finds that the proposed Zoning Ordinance text amendments for the RC Zoning district are consistent with the Existing Village policies of the Revised General Plan and supports approval of the amendments. Attachment: 1. Map depicting Rural Commercial (RC) zoned properties within Loudoun County. Cc: Ricky W. Barker, AICP, Director, Planning and Zoning-via Chris Garcia, AICP, Program Manager Community Planning, Planning and Zoning-via
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7 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: October 18, 2016 TO: FROM: Mark A. Depo, Planner Department of Planning and Zoning Rory L. Toth, CZA/CTM, Senior Transportation Planner DTCI, Transportation Planning and Operations Division SUBJECT: ZOAM Rural Commercial (RC) Zoning District Residential Density First Referral Background This Zoning Ordinance Amendment (ZOAM) proposes revisions to the Revised 1993 Zoning Ordinance (Zoning Ordinance) in order to establish a maximum density for residential uses in the RC (Rural Commercial) zoning district. More specifically, Section 2-903(N) is being amended to clarify that Residential Uses includes single family detached dwelling units, single family attached dwelling units, and multi-family dwelling units in the RC zoning district. In addition, Section is being added to establish a maximum residential gross density of four (4) dwelling units per acre in the RC zoning district. The Department of Transportation and Capital Infrastructure s (DTCI s) review of this proposed ZOAM is based on materials received from the Department of Planning and Zoning on October 4, 2016, including (1) a Referral Cover Memo, dated October 4, 2016, and (2) Resolution of Intent to Amend adopted by the Board of Supervisors on September 22, 2016, including Draft Text changes to Section for the RC zoning district. A copy of the proposed RC zoning district draft text is included in this referral as Attachment 1. Transportation Comments 1. Given that the changes proposed to the RC zoning district provide clarification on the types of uses that are allowed under the Residential Use category in the RC zoning district and will establish a maximum residential density for the RC zoning district, additional traffic impacts are not anticipated to result from the proposed text changes. ATTACHMENT 1. RC Zoning District Draft Text changes for Section cc: Kathleen Leidich, AICP, Assistant Director, DTCI Lou Mosurak, AICP, Senior Coordinator, DTCI Attachment 2
8 COUNTY OF LOUDOUN DEPARTMENT OF BUILDING AND DEVELOPMENT MEMORANDUM TO: FROM: Mark Depo, Zoning Administration Gary Clare, Engineering Division DATE: October 17, 2016 RE: ZOAM , Rural Commercial Zoning District Residential Density I have received and reviewed the above referenced draft amendment, and have no objections from an engineering perspective to their adoption as currently drafted. As a recommendation, mathematically it may be worth considering that the minimum lot size of 10,000 square feet may have the unintended consequence of encouraging applicants to always select multifamily and/or single family ATTACHED designs to guarantee the allowable density. A percentage of the development s acreage must be devoted to infrastructure; when the allowed density is based upon one unit per 10,000 square feet, the actual lot size will be less to account for roads, stormwater management facilities and the like. If the maximum density was kept as one unit per 10,000 square feet but the minimum lot size could be for example 8,000 square feet, applicants could select single family DETACHED designs and easily achieve the allowable density. Environmental Review Team comments shall be forwarded under separate cover. If you should have any questions, please feel free to contact me at (703) Sincerely, Gary R. Clare, P.E. Assistant Director for Land Development Engineering Cc: H. Martinez L. Edmonds Attachment 3
9 From: To: Subject: Date: Keim, Marsha Depo, Mark RE: ZOAM Referral Thursday, October 13, :17:41 PM Mark, Zoning permit staff have no comment on ZOAM Marsha Keim, Zoning Permit Manager County of Loudoun 1 Harrison St. S. E., 2 nd Floor. P.O. Box 7000 Leesburg, VA From: Depo, Mark Sent: Tuesday, October 04, :58 PM To: Clare, Gary <Gary.Clare@loudoun.gov>; Edmonds, Laura <Laura.Edmonds@loudoun.gov>; Keim, Marsha <Marsha.Keim@loudoun.gov>; Hobbie, Jason <Jason.Hobbie@loudoun.gov>; Garcia, Christopher <Christopher.Garcia@loudoun.gov>; Hinkle, Kellie <Kellie.Hinkle@loudoun.gov>; schneider, marchant <Marchant.Schneider@loudoun.gov>; Mosurak, Lou <Lou.Mosurak@loudoun.gov>; Wegener, Brian <Brian.Wegener@loudoun.gov>; Walls, Cassie <Cassie.Walls@loudoun.gov> Cc: Yudd, Charles <Charles.Yudd@loudoun.gov>; Young, Kenny <Kenny.Young@loudoun.gov>; Brown, Ron <Ron.Brown@loudoun.gov>; Rizer, Buddy <Buddy.Rizer@loudoun.gov>; Barker, Ricky W. <Ricky.Barker@loudoun.gov>; Seigfried, Mike <Mike.Seigfried@loudoun.gov>; Stultz, Mark <Mark.Stultz@loudoun.gov>; Lohr, Michelle <Michelle.Lohr@loudoun.gov>; Mohn, Christopher <Christopher.Mohn@loudoun.gov> Subject: ZOAM Referral Good Afternoon, Attached is the referral letter with attachments for ZOAM , RC Residential Density, for your review. Referral comments are due on October 18, Please be advised, a referral agency meeting will also be scheduled, on or around October 18 th, to allow all referral agencies the opportunity to provide comments. ZOAM is scheduled for the October 25, 2016 Planning Commission Public Hearing. Referral comments will be provided as a supplemental Memo to the Planning Commissions prior to the public hearing. Attachment 4
10 If you have any questions, or prefer a hard copy or word document of the referral letter or attachments, please contact me. Sincerely, Mark A. Depo Senior Planner Department of Planning & Zoning 1 Harrison Street, SE, 3rd Floor Leesburg, Virginia (571) Visit Us On The Web: This is not intended to be and shall not be deemed to be an official order, requirement, decision or determination made by or on behalf of the Zoning Administrator. In keeping with the Virginia Freedom of Information Act (FOIA), s and all attachments may be released to others upon request for inspection and copying without prior notification.
11 DATE: October 20, 2016 TO: FROM: Mark Depo, Project Manager, Department of Planning and Zoning Buddy Rizer, Executive Director, DED Prepared By: George Hoddinott, Development Process Manager, DED SUBJECT: Rural Commercial Zoning District Residential Density ZOAM The Department of Economic Development s (DED) analysis of the above applications are detailed below in the following sections. Applicant Proposal 1. A Zoning Ordinance Amendment to Revise Section 2-903, Permitted Uses. To clarify that Residential Uses include single family detached dwellings, single family attached dwellings, and multi-family dwellings in the RC zoning district; and 2. A Zoning Ordinance Amendment to Revise Section 2-911, Maximum Residential Density. Adding this section to establish a maximum residential gross density of four dwellings units per acre in the RC zoning district. DED Response There are Rural Commercial (RC) zoned parcels within the Ldn 65 noise contour of the Airport Impact (AI) Overlay District. The proposed zoning amendment to establish a maximum residential density in the RC zoning district supports a major economic driver in Loudoun County because it limits residential development and associated potential land use conflicts with the Washington Dulles International Airport. Please contact George Hoddinott, george.hoddinott@loudoun.gov or , for any follow-up questions or concerns. Attachment 5 biz.loudoun.gov
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