PLANNING COMMISSION BRIEFING ITEM Land Development Application July 24, 2018, Planning Commission Public Hearing

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1 ZMAP , Mount Sterling PLANNING COMMISSION BRIEFING ITEM Land Development Application July 24, 2018, Planning Commission Public Hearing Date of Meeting: July 12, 2018 Election District: Staff Contact: Applicant Representative: Request: Sterling Josh Peters, Project Manager, Planning & Zoning Kenny Young, Acting Director, Planning & Zoning Louis Canonico, Christopher Consultants Zoning Map Amendment to rezone 19.7 acres from the PD- AAAR (Planned Development Active Adult Age Restricted) and 1.19 acres from R-1 (Single Family Residential) to the R-16 (Townhouse/Multifamily Residential) zoning district in order to provide for two development options: Option A: 98 age-restricted affordable multifamily units, 144 market rate multifamily units, and 74 market rate singlefamily attached units. Option B: A market rate development of 192 multifamily units and 74 single-family attached units, which would include a requirement for 10 affordable dwelling units (ADUs). Site Information: Size: Location: Zoning: Policy Area: Planned Land Use: Existing Conditions: Key Issues: Land Use: ac. South of Harry Byrd Highway (Route 7), west of Cascades Parkway (Route 637), and east of Atlantic Boulevard (Route 1902) at Ridgetop Circle. PD-AAAR (Planned Development Active Adult Age Restricted), R-1 (Single-Family Residential). Suburban Policy Area (Sterling Community). Route 28 Business Three single-family detached homes occupy lots fronting on Potomac View Road. The property is otherwise undeveloped and wooded. The proposal conflicts with the planned land use under the Revised General Plan (RGP), which does not anticipate

2 market rate residential development in the Route 28 Business Planning Area. The proposal does not provide sufficient Open Space to satisfy Plan policy. No information is provided regarding public and civic uses. Provision of Active Recreational Amenities is tied to the 50 th residential unit within Landbays 2 and 3; providing insufficient assurance that active adult units in Landbay 1 will be served. The County has a need for more Affordable Housing and a more diverse stock of market rate housing that could potentially be addressed with this proposal. Should the application move forward on that basis, staff recommends that the applicant provide affordable housing throughout the development, not just in the age-restricted units. Compatibility: Environmental Resources: Given the planned land use conflict noted above, staff recommends that the applicant provide a greater degree of detail with regard to site and building design in order to evaluate the compatibility of the proposal. None of the existing tree cover is proposed to be protected under the application. Staff recommends more secure commitments to the Stormwater Management and Low Impact Design sections of the proffer statement if these are to be considered as commitments by the applicant. Transportation: The application currently lacks numerous transportation improvements that would be appropriate for residential development, including those that should be carried forward from the existing proffers associated with ZMAP The applicant proffers a dedication of Right-of-Way (ROW) that acknowledges a recent Board Member Initiative (BMI) to widen Potomac View Road. That proffer is still under review for consistency with the BMI.

3 Site frontage improvements are needed along both road frontages, including a transit stop and shelter along Bartholomew Fair Drive. Fiscal Impacts: Public Utilities & Services: Application Status: Unanticipated fiscal impacts to the County would result from market rate residential development occurring in an area where the Plan expressly does not permit additional residential development. The property is anticipated to be served by public sewer and water. There are no concerns relating to utilities or services at this time. The proposal conflicts with the Planned Land Use under the RGP and falls short in fulfilling other County policies as outlined above. Further, the application proposes two development options: one that proposes affordable agerestricted units and another that provides only the minimum requirement of affordable dwelling units (ADUs), in the event that financing is not secured for the first option. The difference between the two development options shown on the CDP is great enough, with regard to County policies as well as meeting county needs, that they should not be considered as one proposal. Staff recommends that the application be revised to propose a single development option before being evaluated further.

4 Vicinity Map

5 Concept Development Plan Option A (Includes Age Restricted Affordable Housing)

6 Concept Development Plan Option B (Does not include Age Restricted Affordable Housing)

7 PROFFER STATEMENT DRAFT MOUNT STERLING ZMAP May, 2018 Mount Sterling LLC (the "Owner and Applicant ), the owner of property identified as Loudoun County PARID # (Tax Map #/81////////24/, # (Tax Map #/81////////21/, # (Tax Map #/81////////22/, # (Tax Map # /81////////23/, Tax Map # (Tax Map #/81////////24/, # (Tax Map #/81//15/////A/ and, # (Tax Map #/81//15////A1/, # (Tax Map Parcel #/81///////126/, hereinafter, the Property ) more fully depicted on the Concept Development Plan identified in Proffer 1 below, hereby voluntarily proffer for the Owner, themselves, and their successors and assigns, pursuant to Va. Code Ann and of the Revised 1993 Loudoun County Zoning Ordinance, as may be amended from time to time, (the "Zoning Ordinance"), that in the event the Property is rezoned by the Loudoun County Board of Supervisors (the "County") from the Planned Development-Active Adult/Age Restricted ("PD- AAAR") and R-1 Single Family Residenrtial zoning districts to the R-16 ADU Townhouse/Multifamily Residential ("R-16") zoning district under the Zoning Ordinance, the development of the Property will be in substantial conformance with the following conditions ( Proffers ). These Proffers replace and supersede any previous proffers approved and applicable to the Property, including the proffers of ZMAP , Gatherings at Cascades Overlook. I. CONCEPT DEVELOPMENT PLAN & DEVELOPMENT SCOPE 1. Concept Development Plan. The development of the Property shall be in substantial conformance with Sheets 1, 3 and 4 of the plan set titled Zoning Map Amendment ZMAP Mount Sterling dated December 29, 2017, revised through May 25, 2018, prepared by christopher consultants (the CDP ). Adjustments to the locations, facilities, and improvements shown on the CDP shall be permitted as further set out in Proffer 2 (a)(vi), below, and as reasonably necessary to address grading, drainage, environmental, cultural and natural features, development ordinance requirements, other final engineering considerations, and to accommodate the recommendations of archaeological studies, if any, provided that any such minor adjustments shall be in accordance with of the Zoning Ordinance. 2. Development Scope. In addition to any related parking, open space, stormwater management, recreational, and other community facilities and amenities as shown on the Sheets 1, 3 and 4 of the CDP or described in these Proffers, the Property shall be developed as follows: 1 Attachment 1

8 A. Landbay 1. As depicted on the CDP, Landbay 1 may be developed with one or more multifamily residential buildings (together, the Affordable Housing Units ) consisting of a maximum of 98 age restricted residential rental dwelling units and a maximum of four stories in height. It is the Applicant s intention that the Affordable Housing Units will be developed as, and meet the requirements of Affordable Housing Units under the Zoning Ordinance. A minimum of five percent of the age restricted residential rental dwelling units in the Affordable Housing Units shall be leased to future residents who have a household income that is no more than 30 percent of the Area Median Income ("AMI") for the currently defined Washington, D.C. Metropolitan Statistical Area as determined by the U.S. Department of Housing and Urban Development, and up to a maximum of 95 percent of the residential dwelling units shall be leased to future residents who have a household income that is no more than 60 percent of AMI. In the event the Affordable Housing Units are constructed as for sale units, up to 95 percent of the dwelling units shall be sold to future residents who have a household income that is no more than 70 percent of AMI, or as required by the Zoning Ordinance. i. Community Room. In the event the Affordable Housing Units satisfies the requirements for Affordable Housing Units under the Zoning Ordinance, the Applicant will provide a community room in the Affordable Housing Units for use by residents of the Affordable Housing Units. Said community room shall be open for use concurrent with the approval of the first occupancy permit for a residential Affordable Housing Unit. ii. iii. iv. Universal Design. All residential dwelling units constructed on the first/ground floor of the Affordable Housing Units shall employ universal design elements in accordance with the U.S. Department of Housing and Urban Development s ( HUD ) Section 504 standards. HUD 504 Accessible Units. No fewer than ten (10) of the Affordable Housing Units will be constructed to be fully compliant with HUD 504 Standards. Green Building Practices. The Affordable Worforce Building shall be certified and designed in accordance with green building standards as set forth by Viridiant (f/k/a EarthCraft ), or equivalent program, standards in accordance with VHDA s Low Income Housing Tax Credit Program ( LIHTC ). Prior to approval of the first zoning permit for the Affordable Housing Units, the Applicant shall provide certification to the County verifying that green building elements have been incorporated into the project consitant with Viridiant, or equivalent, standards. 2

9 v. Affordable Dwelling Units. It is the intent of the Applicant to meet the ADU Ordinance requirements with the development of Affordable Housing Units located on Land Bay 1. In the event the Affordable Housing Units either (i) do not satisfy the requirements for Affordable Housing Units under the Zoning Ordinance, (the ADU Ordinance ) or (ii) the AHU units do not reveive approval of their application for an award of subordinate financing from the Loudoun County Trust Fund by December 31, 2018 or low income housing tax credits from the Virginia Housing Development Authority by September 30,2019 then the Applicant shall construct ADUs as required by the the ADU Ordinance, the R-16 ADU requirements contained in et seq. of the Zoning Ordinance, and Chapter 1450 of the Codified Ordinances of Loudoun County. vi. In the event the AHU s are not built pursuant to Paragraph 1 A (v) above, Land Bay 1 shall be developed pursuant to Options B on Sheet 4 of the Concept Plan with a maximum of 48 single-family market rate multi-family residential units (together with the units on Landbay 2, the Market Rate Multi-Family Units ). B. Landbay 2. As depicted on the CDP, Landbay 2 will be developed with up to a maximum of 144 single-family market rate multi-family residential dwelling units (the Market Rate Multi-Family Units ), each of which will be located within buildings with a maximum height of four stories, which buildings may served by an elevator. C. Landbay 3. As depicted on the CDP, Landbay 3 may be developed with up to a maximum of 74 single-family market rate attached residential dwelling units (the Market Rate Attached Units ). 3. Water and Sewer. The Property shall be served by public water supply and sanitary sewer systems. The Applicant shall construct and install all water and sewer extensions to the Property and shall provide all connections necessary for development of the Property at no cost to Loudoun County (the County ) or to Loudoun Water, and such extensions and connections shall be constructed and installed in accordance with Loudoun Water standards. The Applicants shall acquire any offsite easements, if needed, to extend public water and/or sanitary sewer lines to the Property and shall dedicate such easements to Loudoun Water at no cost to the County or to Loudoun Water. Unless otherwise proposed for irrigation purposes, any existing wells on the Property shall be abandoned prior to approval of the record plat or first site plan for the Property, whichever is first in time, in accordance with Loudoun County Health Department standards and requirements then in effect. 3

10 4. Active Recreational Amenities. In the area labeled as Active Rec on the CDP, the Owner shall construct and have available for use a swimming pool, bath house, tot lot and multi-purpose court as recreational amenities ( Active Recreational Amenities ), located in Landbay 2, which Amenities shall be constructed prior to the issuance of the 50 th Zoning Permit on Landbays 2 and 3. II. PROPERTY OWNERS ASSOCIATION 1. Property Owners Association, Generally. All property owners shall be members of a Property Owners Association ( POA ), established to regulate use and provide standards for construction and landscaping and use of privately ownd land and structures within the Property. 2. Establishment of POA. Prior to the approval of the first site plan for theproperty, draft documents for the establishment of the POA shall be submitted to the County for review and approval. The POA shall be establishedprior to the approval of the first record plat or site plan for the Property. III. CAPITAL FACILITIES CONTRIBUTION The Applicant shall, prior to the approval of the zoning permit for each market rate unit, make a one-time capital facilities contribution to the County in the amount of $17,871 for each and every Market Rate Attached Unit and each and every Market Rate Multi-Family Unit. Said contribution may be used at the County s discretion for capital facility improvements or regional road improvements within the Sterling Community of the County. IV. TRANSPORTATION 1. Potomac View Road Improvements. The Applicant shall dedicate 25 of right-ofway from the proposed centerline for Potomac View Road along the Subject Property as shown on the Concept Plan, prior to the issuance of the first (1 st ) Zoning Permit for the Subject Property. The Applicant shall bond for construction of the improvements to Potomac View Road prior to or concurrent with the issuance of the first (1 st ) Zoning Permit for the Subject Property. These improvements shall include: (i) a designated eastbound left turn lane, (ii) a westbound right turn lane taper at the entrance to the Subject Property, and (iii) a 10 wide asphalt multi-purpose trail which will be located in part on the Subject Property and in part within the right-of-way. Construction of the Potomac View Road improvements shall be completed and open for use, but not necessarily accepted into the Virginia Department of Transportation system for maintenance, prior to the issuance of the first Zoning Permit for the residential dwelling units on Landbay Bartholomew Fair Drive Improvements. The Applicant shall bond for construction the frontage improvements to Bartholomew Fair Drive prior to the 4

11 issuance of the first (1 st ) Zoning Permit for the Subject Property to include: (i) a commercial entrance; and (ii) a 5 wide concrete sidewalk, prior to or concurrent with the issuance of the first (1 st ) Zoning Permit on the Subject Property. These improvements shall be completed and open for use, but not necessarily accepted into the VDOT system for maintenance, prior to or concurrent with the issuance of the 25 th Zoning Permit for the residential dwelling units on Landbay Construction Access. The Applicant shall limit on-site construction traffic to the Bartholomew Fair Drive entrance. The Applicant shall post signs at the Potomac View Drive entrance stating No Construction Traffic. 4. The multi-purpose trail shall be 10 in width and shall be made of asphalt and will be constructed in phases with each approved set of construction plans and profiles or site plan containing the 10 wide asphalt trail. The 10 wide asphalt trail will be located in part within the right-of-way and on the Subject Property along Potomac View Road. The maintenance of this trail shall not be the responsibility of the County of Loudoun or VDOT and shall be maintained by the COA or the owner of the Subject Property. 5. The 5 wide concrete sidewalk along Bartholomew Fair Drive shall be constructed with teh first set of construction plans and profiles or site plan containing the 5 wide concrete sidewalk. Once the sidewalk is completed and accepted by VDOT for maintenance, VDOT will maintain this sidewalk. 6. Regional Road Contribution. The Applicant shall make a cash contribution to Loudoun County in the amount of $2,500 per Market Rate Unit concurrent with the issuance of each Zoning Permit for each Market Rate Unit, with the contribution to be used at the discretion of the County for regional road improvements for Route 7 improvements within the Sterling Community. 7. Off-Site Trail. If allowed by the County, prior to first site plan approval, the Applicant shall install a 4-foot wide woodchip or cinder trail on the Claude Moore Park property so as to complete a pedestrian trail connection from the Subject Property to the existing pedestrian trail system at Claude Moore Park. V. OPEN SPACE EASEMENT PROGRAM The Applicant will provide a contribution to Loudoun County s Open Space Easement Program of $ for each Market Rate Unt concurrent with the issuance of each Zoning Permit for each Market Rate Unit. VI. FIRE & RESCUE FOR RESIDENTIAL USES The Applicant shall make a one-time contribution of $ each Market Rate Unit concurrent with the issuance of each Zoning Permit payable to the County for distribution 5

12 by the County to the volunteer fire and rescue companies providing service to the Property. The amount of the said contribution payable for each dwelling unit shall be calculated at the time of the approval of the zoning permit for each said residential dwelling unit and shall be payable prior to the approval of the zoning permit for such residential dwelling unit. The amount of such contribution shall be adjusted on a yearly basis from the base year of 2019 and change effective each January 1 st thereafter, in accordance with changes to the Consumer Price Index for all urban consumers ( CPI- U ), =100 (not seasonally adjusted), as published by the Bureau of Labor Statistics, U.S. Department of Labor, for the Washington-Baltimore, MD-VA-DC-WV Consolidated Metropolitan Statistical Area (the CPI ). Contributions pursuant to this paragraph shall be divided equally between the servicing fire and rescue companies providing service to the Property. Notwithstanding the foregoing, if at the time of the application for any such zoning permit, the primary servicing fire and rescue company does not utilize, to any significant extent, either volunteer staff or apparatus owned by a volunteer organization, then the Applicant may elect to make no contribution. The intent of this provision is to support volunteer fire and rescue staffing and operations so long as any significant element of the primary provider of fire and rescue services to the Property is volunteer-owned or operated. If only one of these services has ceased to utilize volunteer staff and apparatus, then the contribution may be halved and shall be provided to the remaining company. VII. ENVIRONMENT 1. Storm Water Management. Storm water management ( SWM ) / Best Management Practice ( BMP ) for the site will be provided by a combination of: existing offsite wet pond, previously designed and approved facilities on Potomac Run Shopping Center near Route 7 and Northern Virginia Community College, and new facilities within the development, as determined at site plan. Other types of SWM/BMP may also be provided if permitted by the Loudoun County Facilities Standards Manual ( FSM ). BMP requirements may be met partially with purchased water quality credits. 2. Low Impact Design. If feasible, the Owner will provide low impact design treatment for stormwater runoff, such as pervious pavement, tree box filters, bioretention filter system, and/or other low impact development measures as approved by the County on the Property. VIII. MISCELLANEOUS 1. Severability. Any portion of the Property may be the subject of a Proffered Condition Amendment, Zoning Concept Plan Amendment, Rezoning, Special Exception, Commission Permit, Zoning Modification, Variance or other zoning action without the joinder and/or consent of the owners of the other land areas within the Property, provided: (a) that such application is compatible with these Proffers; (b) that the approval of such application would have no material, adverse impact upon any other land within the Property or the performance of any of these 6

13 Proffers by the owners of the other land within the Property; (c) that such application complies with all relevant Zoning Ordinance and Virginia Code provisions; (d) that such application includes a proffer audit outlining the status of each commitment in these Proffers; and (e) that such application shall not be approved by the Board of Supervisors unless the application has been presented and considered at such public meetings or hearings as required by law. Previously-approved proffered conditions or development conditions applicable to a particular portion of the Property which are not the subject of such a future application shall remain in full force and effect. 2. Escalation Clause. Except for the fire and rescue contributions which are subject to a separate annual adjustment provision as specified in Proffer VI, above, all cashcontributions enumerated in these Proffers shall be adjusted on a yearly basis from the base year of 2020 and change effective each January 1 st thereafter, in accordance with changes in the CPI. 3. Construction. The improvements and commitments described in these Proffers shall be constructed concurrently with the adjacent development unless otherwise specified. Should construction and/or installation of any of the improvements described herein be determined by the Zoning Administrator to have been delayed due to circumstances beyond the Applicant's control, later dates for compliance may be permitted as determined appropriate by the Zoning Administrator. 4. Successors and Assigns. These Proffers will bind and inure to the benefit of the Applicant and its successors and assigns. 7

14 The undersigned hereby warrants that all requisite parties with any legal interest in the Property have signed these Proffers, that no signature from any additional party is necessary for these Proffers to be binding and enforceable in accordance with their terms, that they, together with the others signing this document, have full authority to bind the Property to these conditions, and that the Proffers are entered into voluntarily. APPLICANT/OWNER Mount Sterling LLC a Virginia limited libility company By: Name: Michael Capretti Title: Development Manager COMMONWEALTH OF VIRGINIA COUNTY/CITY OF LOUDOUN, to wit: The foregoing Proffer Statement was acknowledged before me this day of, 2018, by Michael Capretti, as Development Maanger of Mount Sterling LLC, who acknowledged that he executed the foregoing Proffers with the full power and authority to do so. Notary Public My Commission Expires: Notary Registration # 8

15 IV. TRANSPORTATION 1. Potomac View Road Improvements. The Applicant shall dedicate forty five feet (45 ) of right-of-way from the proposed centerline for Potomac View Road along the Subject Property as such proposed centerline is shown on Exhibit A ( Proposed Potomac View Centerline ), prior to the issuance of the first (1 st ) Zoning Permit for Land Bay 3 of the Subject Property or within 60 days of a written request for such dedication by the County or VDOT, whichever comes first. 2. The Application shall provide for certain improvements to Potomac View Drive as described in one of the following options set out below provided the Applicant is able to obtain the right of way for any necessary improvements identified in IV.2.A or IV.2.B below: A. The Applicant shall design and bond for construction of the following improvements to Potomac View Road prior to or concurrent with the issuance of the first (1 st ) Zoning Permit in Land Bay 3 of the Subject Property (i) widening of the through portion of the existing road along the property s frontage to twenty four feet (24 ) of pavement on an alignment based on the Proposed Potomac View Centerline of a four (4) lane undivided roadway as shown on Exhibit A, (ii) a designated eastbound left turn lane and a westbound right turn lane taper at the entrance to the Subject Property, and (iii) a ten foot (10 ) wide asphalt multi-purpose trail which will be located in part on the Subject Property and in part within the right-of-way. Construction of the aforementioned improvements to Potomac View Road shall be completed and open for use, but not necessarily accepted into the Virginia Department of Transportation system for maintenance, prior to the issuance of the first Occupancy Permit for the residential dwelling units on Land Bay 3. B. In the event ZMAP Montebello Farms ( Montebello Farms ) has been approved by December 31, 2018 and that approval is subject to a transportation proffer condition to dedicate the necessary right of way at no cost on the south side of Potomac View Road from the Proposed Potomac View Centerline, and to a proffered condition to construct half of the ultimate section of a four lane undivided road along the Montebello Farms frontage, the Applicant will cooperate with that applicant/owner of the Montebello Farms subject property to contemporaneously construct its two (2) lane portion of a full four (4) lane undivided road section in the area where both parties own common frontage along Potomac View Road. The timing of design and construction of the full four lane divided section will be the later of (i) the trigger outlined in Proffer IV.1.A. above or (ii) the applicable trigger in the Montebello Farms proffers. C. At the County s option or in the event the Applicant is unable to acquire the ROW needed to construct the improvements described in IV.2.A. or IV.2.B. above, whichever is applicable, in lieu of actual design and construction of Attachment 2

16 any Potomac View Rd. improvements as outlined in Proffers IV.1.A. or IV.1.B. above, the County may request a cash contribution for these items. The cash value of the contribution will be based on the County s bond estimate values for such improvements with an additional thirty percent (30%) of the estimate value for design costs. The County must notify the applicant within thirty (30) days of approval of a preliminary plan of subdivision for the development in Land Bay 3 that it is exercising this option. The Applicant shall make the cash payment prior to the issuance of the first zoning permit for a residential unit in Land Bay The Applicant s cost for the improvements to Potomac View Road pursuant to proffer IV.2., with the exception of the improvements identified in IV1.2.A.(ii) will be a credit against the Capital Facilities Contribution outlined in Proffer III above.

17 PROPOSED PAVEMENT 90' = PT = PT EXISTING R.O.W. 45' MOUNT STERLING PROPERTY 45' 50' POTOMAC VIEW DRIVE PROPOSED R.O.W ' 90' PROPOSED R.O.W = PC = PC EXISTING ROAD CENTERLINE CL 90' 12' 12' 12' 12' 12' 12' TWO LANE ROAD AT INTERSECTION N.T.S. PROPOSED PAVING SHOWN BELOW R.O.W. R.O.W = PT = PT PROPOSED PAVEMENT 45' 50' PROPOSED PAVEMENT EXISTING PAVEMENT = PC = PC = PRC GRAPHIC SCALE 1" = 50' TO ROUTE = PRC christopher consultants 9900 main street (suite 400) fairfax, va 2203 phone fax

18 May 25, 2018 Mr. Josh Peters Project Manager Loudoun County Department of Planning and Zoning 1 Harrison Street, SE Leesburg, VA RE: ZMAP , Mount Sterling Dear Mr. Peters: We are in receipt of referral comments on the project referenced above. As you will see in the context of the entire resubmission, the proposal, as it has been amended, provides a spectrum of housing options, including 98 age-restricted AHU multifamily rental units, 144 market rate multifamily units, and 74 townhouses of varying size in all 316 units, or a reduction of over 28% from the 440 units approved on the Property. We believe that this proposal, as modified, is consistent with the County s policy objectives and sound land use policy, and should be considered in context of the development already approved on the site. Our response to the referral comments is set out below. Economic Development Comment Memorandum dated April 20, 2018: Approving this rezoning application will bring a market rate residential development that will help foster a more mixed-use environment in the area by balancing the current preponderance of commercial development. The County has already recognized the need to provide more housing options in this portion of the County when it approved the Cascades Overlook development, which is adjacent to the area in this rezoning application. This area is therefore better suited to the diversity of unit types that will be allowed under R-16, compared to the current age-restricted residential zoning. The lack of available housing in Loudoun County is a top challenge for attracting new businesses and continued economic growth. The development that this rezoning will allow is expected to provide housing at a diversity of price points and an opportunity for current residents who are ready to move up from rental units to new single-family homes, thereby creating opportunities for others to move into the existing rental housing without additional units of those types having to be built. This 21-acre property is currently undeveloped except for three mid-20th century single family homes, but is located in the eastern portion of the County near major employment and retail centers. The proposed rezoning will support housing needs of the workforce in Loudoun County in a location where almost all of the surrounding infrastructure needed to support the development is already in place. We appreciate the insight and wisdom Economic Development has provided. Attachment 3

19 Mr. Josh Peters May 25, 2018 Page 2 Department of Planning, Community Planning Comment Memorandum dated April 23, 2018: Analysis The proposed residential development does not comply with Route 28 Policies as it proposes market rate residential development in an area where it is specifically excluded. The April 23, 2018 Community Planning referral states that The Plan specifically states no additional residential shall be permitted within Route 28 Business areas outside of those areas specifically designated by the Plan (RGP, Chapter 6, Route 28 Business Policies, Policy 3). However, the Applicant is not proposing additional residential. The Applicant is proposing to modify the zoning of a site that is already fully zoned and entitled for residential development, and which was fully zoned for residential prior to the Board s adoption of the Route 28 Corridor Policy. There is no question that the approved 440 units are residential; as a matter of the Zoning Ordinance definition, they are multi-family dwelling units. These units are already permitted, as they are approved pursuant to ZMAP , as well as by site plan. Thus the land use recommendations for land designated Route 28 Business do not apply to the Property, or prohibit the proposed rezoning; if anything, as the Applicant is proposing to reduce the number of residential units already approved for the site from 440 to 316, the Plan affirmatively supports the proposal. The Community Planning referral notes that [w]hile the property is currently zoned for active adult age-restricted housing. Staff states that the retirement housing policies have different locational criteria than a traditional residential development. As amended in this submission, the proposed development includes a significant proportion of age-restricted units, as well as a spectrum of non-restricted multifamily and single family attached units. The Gatherings at Cascades Overlook approval on the Property entitled 440 multi-family dwelling units, of which 88 multi-family units were not required to be age-restricted per Zoning Ordinance Section (A). The present proposal reduces the number of dwelling units overall from 440 to 316, and increases the number of non-restricted multi-family units from 88 to 144, while adding 74 non-restricted single family attached units. The reduction and rebalancing of the approved 440 units is not the profound change that the Community Planning referral implies, even without taking the number of unbuilt townhouses approved in the adjacent Cascades Overlook PD-TC development into account. This reduction and rebalancing is a response to market demand for a vibrant spectrum of housing options for residents of various ages and incomes. The present proposal is entirely consistent with Section (B), in that it [d]emonstrate[s] an intent by the owner or manager to providing housing for persons 55 years of age or older. It is simply a different mix than the PD-AAAR district regulations contemplate. In this case, the Applicant is converting about 30% of the approved age-restricted units to market rate, but is reducing the overall number of units by a similar percentage. In doing so, as stated above, the proposed rezoning actually reduces permitted residential on the site, and thus affirmatively furthers Policy 3 of the Route 28 Business policies.

20 Mr. Josh Peters May 25, 2018 Page 3 In addition, the Applicant submits that Plan policies affirmatively encourage creative solutions such as the proposed development. This mix of age-restricted, AHU multifamily rentals, market rate multi-family units, and two different sizes of single family attached units creates a dynamic environment with a number of options for seniors who want to age in place. The residents of this community will have options in terms of product, price point and ownership type, as well as the advantages of being immediately adjacent to a town center development with offices, retail, dining, and other amenities. The proposed development is consistent with General Retirement Housing Policies, in ensuring that seniors have access to a range of housing choices within one community (Policy #2), and one that is integrated into the larger community in a mixed-use context (Policy #3). This proposal is also consistent with the Guiding Principles Policies set out in Chapter 2 of the RGP, promoting housing options for all people who live and/or work in Loudoun (Guiding Principle Policy #1), providing a variety of housing types, sizes and innovative designs to fulfill unmet housing needs (GPP #6), which are located in a community in order to support a balanced development (GPP #7). In fact, Guiding Principle Policy #13 expressly contemplates addressing unmet housing needs on land planned and zoned nonresidential when a mix of residential, commercial and office uses are present, and where the full range of unmet housing needs is addressed. In this case, certainly these objectives are met and, notably, the property is fully zoned for residential use for a significantly higher density than is currently being proposed. The Applicant understands that the overarching goal of the Route 28 CPAM was to create an employment-based corridor (RGP, Chapter 6, Route 28 Corridor Plan, Introduction) and a major economic and employment center with predominantly commercial development (RGP, Chapter 6, Route 28 Corridor Plan, Land Use). However, it cannot be reasonably ignored that the subject Property was zoned for 440 residential units at the time of the Board s adoption of this policy. The Applicant proposes to reduce the density of that approved development considerably, and to modify the approved development to provide a mix of product types that furthers the Plan s broad goals. In addition, the previous owner bought out of the Route 28 Tax District years ago, as proffered with the previously approved 440-unit development. It is critical to note that Economic Development supports the proposed development stating that it corrects a current imbalance and actually furthers the goals of the Route 28 policies in a way that the current development and the current approvals on the Property do not. Overall, the Applicant submits that the proposed reduction and rebalancing of that approval is entirely consistent with the Route 28 Corridor Policies and of the Plan generally. Analysis The proposed residential density of dwelling units per acre is only envisioned in those areas of the County proximate to MetroRail or as part of a mixed-use development.

21 Mr. Josh Peters May 25, 2018 Page 4 The Community Planning referral acknowledges that densities between 8 and 24 dwelling units per acre are envisioned in areas planned for High Density Residential or mixed-use Business Communities. In fact, as a practical matter, and as Economic Development points out in its referral comments, the proposed development will function as a part of the immediately adjacent mixed-use development, and is not really a standalone residential development. It is true that active adult agerestricted is permitted to develop at higher densities than a traditional residential development, but the Applicant notes that, at about 15 dwelling units per acre, the proposed development is in the low mid-range of densities recommended for residential in a mixed-use context (and, if one nets out the age-restricted units at a rate of 30 du/ac, the resulting density is about 12 du/ac, very near the low end of that range). The approved development on the property is well over 20 dwelling units per acre again, significantly more than the current proposal. The current proposal is, notably, well within the 8.0 to 16.0 dwelling unit/acre range recommended in a mixed-use context (RGP, Chapter 6, Residential Policies, High-Density Residential Use Policy #1). The subject property is immediately adjacent to the townhouses approved as part of the Cascades Overlook Town Center, an approved PD-TC project. From a logical and functional standpoint, the proposed development adds to the mix of that Town Center, enriching the variety of housing options available, and taking advantage of the proximity of retail and other commercial uses. Even aside from the fact that the Applicant is proposing to reduce the approved density significantly, in context, the Plan supports the resulting density as reasonable and appropriate. Analysis Community Planning Staff requests additional information regarding proposed parks and open space to ensure the intent of the Plan is being met. Information should include the size of the open space area as well as the intended use. Community Planning Staff recommends showing at least 2.09 acres of public and civic space on the CDP or show that an alternative is more appropriate. Active recreation consisting of a pool, bathhouse, tot lot and multi-purpose court has been added to the Concept Plan and proffers. Bicycle and Pedestrian Circulation Analysis Community Planning Staff recommends updating the CDP to show internal bicycle and pedestrian circulation as well as crosswalks on Potomac View Road and Bartholomew Fair Drive. Internal pedestrian systems must be provided in accordance with FSM requirements and will be shown with detailed engineering plans for the site. Capital Facilities Analysis County policies do not support the proposed rezoning. Should the application move forward, capital facility impacts should be mitigated.

22 Mr. Josh Peters May 25, 2018 Page 5 See proffer statement. Unmet Housing Analysis Should the application move forward, staff requests the applicant provide information describing how it complies with the RGP Housing Policies and how unmet housing needs will be addressed. The revised application proposes 98 multi-family age restricted rental units, 144 market multi-family units, marker rate townhouse units and market rate townhouse units which address the spectrum of unmet housing needs. Open Space Preservation Program Analysis Staff recommends the applicant contribute land or provide an open space easement contribution consistent with Plan policy recognizing that the current market values to purchase open space within the Sterling Community may exceed the range of previous contributions. See proffer statement. Environmental/Existing Conditions Analysis Community Planning Staff recommends the applicant commit to LID techniques. See proffer statement. Steep Slopes Analysis Staff recommends including commitments to best management practices and reduced locational clearances for clearing and grading on moderately steep slopes. The requirement of Section of the Zoning Ordinance must be met and will be addressed with detailed site engineering plans. Analysis Community Planning Staff defers to the Natural Resource Team regarding the designation of Tree Conservation Areas (TCAs). Acknowledged. Department of Planning and Zoning Memorandum dated April 20, 2018: GENERAL COMMENTS 1. Be advised, compliance with Zoning Ordinance regulations, such as but not limited to parking and loading (ZO Section ), landscaping and buffering (ZO Section and ),

23 Mr. Josh Peters May 25, 2018 Page 6 performance standards (ZO Section ), and affordable dwelling units (ZO Article 7) shall be determined and met during the site plan stage. Approval of the proposed ZMAP application does not relieve the applicant from meeting the requirements of the Zoning Ordinance and any proposal that exceeds the minimum standards will be reviewed and applied during the site plan stage. Acknowledged. CONCEPT DEVELOPMENT PLAN COVER SHEET (Sheet 1) 1. General Notes: a. Note 2. The provided note does not accurately reflect the zoning of the parcels that makeup the area to be rezoned as not all the parcels are split zoned R-1 and PD-AAAR. As provided above, PIN , , , , and are zoned PD-AAAR; PIN is split zoned PD-AAAR and R-1; and PIN is zoned R-1. Correct the note to adequately describe the zoning district of the parcels or add a new column to the Table provided under Note 1 to include current zoning district of each listed parcel. [ZO Section & Section ] Change made. b. Add a Note stating all utility distribution lines in the r-16 district shall be placed underground. [ZO Section 3-609] Change made. c. Add a Note stating that the subject property contains areas of moderately steep slopes and very steep slopes and is subject to the Revised 1993 Loudoun County Zoning Ordinance Section Change made. CONSEPT DEVELOPMENT PLAN (Sheet 3) 2. Table: For Information Purposes Only. a. Yards. Be advised, pursuant to Zoning Ordinance Section the development setbacks and access from major roads requirements on Zoning Ordinance Section shall be observed. Acknowledged.

24 Mr. Josh Peters May 25, 2018 Page 7 b. Active Recreation Space. Remove the statement Note that the actual required recreation area may change based on final unit count. No actual recreation area calculations have been provided and such statement is not relevant for this application and is not referenced in Zoning Ordinance Section 7-900(E). Removed. c. Active Recreation Space. Add the statement All such space shall be accessible to all residents by means on internal pedestrian walkways. [ZO Section 7-900(E)] Change made. 3. Amend Bonus Density Units: = 4/17 to state Additional ADU s: = 4 (Total 17). The statement Bonus Density may be viewed as an adjustment to affordable dwelling units of Zoning Ordinance Section As the proposed development is not seeking an increase in density beyond the 16 dwelling units per acre allowed in the R-16 district, such statement may be confusing. The additional ADU s are viewed as that applicant providing 4 additional ADU above the minimum required. Note has been updated. REZONING ISSUES OF CONSIDERATION Pursuant to Section (E), the applicant shall address all the following in its statement of justification or plat unless not applicable. Issues of Consideration Appropriateness of the proposed uses The existing character and use Adequacy of sewer and water, transportation, and other infrastructure Zoning Justification Concerns Zoning Administration has no comments at this time and defers to Community Planning for appropriateness of the proposed residential use. Acknowledged. Zoning Administration has no comments at this time. Acknowledged. Zoning Administration has no comments at this time and defers to Loudoun Water and Department of Transportation and Capital Infrastructure (DTCI) for adequacy. Acknowledged.

25 Mr. Josh Peters May 25, 2018 Page 8 The requirements for airports, housing, schools, parks, playgrounds, recreational areas and other public services. Potential impacts on the environment or natural features The protection of life and property from impounding structure failures. Zoning Administration recommends that the Applicant provide information as to the type of recreational activity proposed and whether any safe pedestrian connection is proposed to Claude Moore Park. See proffers for information on type of active rec facilities. The Applicant should state to what extent the forest on-site is to be maintained not only along the borders of the property but internal to the development. Due to severe topo on site, no existing forest cover will be retained. Zoning Administration has no comments at this time. Acknowledged. Department of Building and Development Memorandum dated April 23, 2018: Requirements: 1. Note 20 on Sheet 1 states that no jurisdictional waters or wetlands are located on the property and a jurisdictional determination (JD) renewal has been requested by the U.S. Army Corps of Engineers (Corps). Please provide the status of the updated JD. (R93ZO (5)) The JD has been updated. See attached. 2. Add a note to Sheet 1 indicating that very steep (greater than 25 percent) and moderately steep (15 to 25 percent) slopes are located on the property and the property is subject to the Steep Slope Standards in Section of the Revised 1993 Loudoun County Zoning Ordinance (R93ZO). (R93ZO ) Change made. 3. Please provide a tree survey with the next submission of the rezoning application. (ZMAP Checklist Item J) A vegetative survey pursuant to County requirements is shown on the Existing Conditions Plan.

26 Mr. Josh Peters May 25, 2018 Page 9 Recommendations: 4. Tree cover occurs on the entire property. Consistent with the Forest, Trees, ad Vegetation policies of the Revised General Plan and to minimize the impact of the proposed project on existing vegetation, which is a matter consideration as part of a rezoning application, staff recommends incorporating existing vegetation into the proposed layout and identifying Tree Conservation Areas on the concept development plan (CDP). Staff further recommends that the applicant consider providing a tree conservation commitment consistent with the proffer template available through the Project Manager in the Department of Planning and Zoning, Land Use Review. (R93ZO (5)) Due to topography on the property and grading that will be necessary, applicant cannot commit to tree save at this time. 5. Impacts to water quality is a matter for consideration as part of a rezoning application. The CDP identifies one stormwater management (SWM) pond in the northwestern corner of the property. The site is dominated by soil mapping units 72C and 95B, which are well drained soils. Consistent with Surface Water Policy 2 of the RGP, staff recommends taking advantage of the permeable soil conditions by incorporating low impact development (LID) infiltration measures (bioretention, water quality swales, absence of curb and gutter, multiple discharge points to minimize concentrated flows, etc.). Staff further recommends that the applicant consider providing a LID commitment consistent with the proffer template available through the Project Manager in the Department of Planning and Zoning, Land Use Review. (R93ZO (5)) The applicant will meet all requirements relating to SWM/BMPs per County and State regulations. The applicant is proffering two onsite BMP measures. Floodplain Management Comments: 6. Replace Note 12 on Sheet 1 with the following floodplain source information. (ZMAP Checklist Item F.4.c) There is no floodplain on the property that is the subject of this application. The current Flood Insurance Rate Map (FIRM) of Loudoun County Community Panel Number for the property that is the subject of this application is 51107C0269E, effective February 17, Change made. Parks, Recreation and Community Services Referral Memorandum dated April 17, 2018: 1. No Proffers were submitted with this application to review. Proffers are being submitted with the resubmission.

27 Mr. Josh Peters May 25, 2018 Page This project adds 325 residential units to the Sterling district, and offers no contribution to public recreation. The application is meeting the County s current Capital Facilities contribution requirements, which includes funding for public recreation. 3. The Applicant should demonstrate to Staff, the Planning Commission, and the Board of Supervisors how the recreational and leisure needs of these new residents will be met. The CDP and proffers include commitments to active recreation pursuant to the Zoning Ordinance to address the needs of onsite residents. Loudoun Water Comment Letter dated March 22, 2018: 1. Provide water main and sanitary sewer access to the adjacent pin Such access will be provided with future development plans for the property. 2. Provide a 12-inch water main stub to the adjacent pin per the previously approved The Gatherings at Cascades Overlook. Such stub will be provided with future engineered development plans. 3. Structures that are higher than the 400-foot elevation may require water booster pumps. Acknowledged. 4. Should offsite easements be required to extend public water and/or sanitary sewer to this project, the applicant shall be responsible for acquiring such easements and dedicating them to the Authority at no cost to the County or to the Authority. Acknowledged. Loudoun County Health Department Comment Memorandum dated March 27, 2018: All existing wells and sewage disposal systems must be properly abandoned prior to the clearing and grading, or submission of record plat, or the structure being razed. Acknowledged. Loudoun County Public School Division of Planning Services Comment Letter dated April 23, 2018: No response required. Department of Fire, Rescue and Emergency Management Memorandum dated April 23, 2018:

28 Mr. Josh Peters May 25, 2018 Page 11 No response required. Fire Marshal s Office Memorandum dated April 20, 2018: No response required. Department of Planning and Zoning, Archaeologist, Community Planning dated April 19, 2018: No response required. MWAA dated April 20, 2018: No response required. VDOT Comment Letter dated May 3, 2018: Land Development 1. All new development access will need to meet the access management standards, regulations and design standards for minor arterials, collectors, and local streets. Comment noted. As shown in the Spacing Analysis section in the revised study, both the proposed site entrances meet the VDOT Access Management Regulation requirements. Traffic Engineering 1. Due to safety concerns, we suggest installing the WB left turn lane as well as right turn taper at the site entrance 1 on Bartholomew Fair Drive. The report does not recommend installing WB left turn lane as well as right turn taper at the site entrance 1 on Bartholomew Fair Drive. Comment noted. As mentioned in the revised study, there currently exist no turn lanes on Bartholomew Fair Drive at any entrance/driveway. Some of these driveways serve commercial developments, which are anticipated to handle more traffic than the proposed development. Moreover, as shown in the Capacity Analysis, the Site Entrance 1 operates at an acceptable level of service with minimal queuing on the main line without a left turn lane. At the proposed Site Entrance 1 on Bartholomew Fair Drive, the inner lane is anticipated to act as a de facto left turn lane and through vehicles will be able to use the outer lane if a vehicle is waiting to make the left turn into the site from the inner lane. It should also be noted that the through volume on Bartholomew Fair Drive is not very high. A capacity analysis was conducted assuming the inner lane to be a de facto left turn lane and a single westbound through lane on Bartholomew Fair Drive. The analysis revealed that the

29 Mr. Josh Peters May 25, 2018 Page 12 intersection would operate acceptably with that configuration. The Synchro sheets are attached with this memorandum. Hence, the Applicant continues to show no left turn lane on Bartholomew Fair Drive at the Site Entrance 1. It should be noted that the right turn taper is no longer warranted at Site Entrance 1 on Bartholomew Fair Drive with the new development program. 2. We feel that intersection of Bartholomew Fair Drive at Benedict Drive should also be analyzed for existing conditions, future year 2023 without proposed development as well as future year 2023 with proposal development. Comment noted. The intersection of Bartholomew Fair Drive and Benedict Drive/Potomac Run Plaza has been included as Intersection #2 in the revised study. The analysis for the existing (2018), future without development (2023), and future with development (2023) conditions for the intersection has been presented in the revised study. 3. It is to be noted that Synchro 9 is used for capacity analysis as indicated in the county scoping document; however, now a days, VDOT practice is to use Synchro 10 for traffic study analysis purposes. We are okay to use Synchro 9 for this study; however, in future, please use Synchro 10 for traffic Impact Study purposes. Comment noted. In addition to this comment response letter, we are resubmitting herewith 14 copies of the revised CDP and revised Statement of Justification as well as a draft proffer statement. We feel we have addressed the staff comments to the fullest extent possible and look forward to this application being scheduled for Planning Commission public hearing as soon as possible. If you have any questions on the above or the resubmitted documents, please feel free to contact me. Very truly yours, Louis Canonico, PE Vice President LC/dml Attachment: JD Letter

30 March 22, 2018 Mr. Michael Capretti Capretti Land, Inc Ashbrook Place, Suite 185 Ashburn, VA Via Re: Jurisdictional Determination (#NAO ) Potomac View Road Loudoun County, Virginia WSSI # Dear Mr. Capretti: Enclosed is a copy of the U.S. Army Corps of Engineers Jurisdictional Determination (JD) (#NAO ) confirming the wetland investigation prepared by Wetland Studies and Solutions, Inc. This JD is valid for a period of five years from the date that it was issued (March 21, 2018). 5647). If you have any questions, please contact me (brosner@wetlandstudies.com; Sincerely, WETLAND STUDIES AND SOLUTIONS, INC. Benjamin N. Rosner, PWS, PWD, CE, CT Manager - Environmental Science Enclosure L:\10000s\ \Admin\05-ENVR\JD Renewal\JDletter.docx 5300 Wellington Branch Drive Suite 100 Gainesville, VA Phone Fax brosner@wetlandstudies.com

31 DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET NORFOLK VA March 21, 2018 APPROVED JURISDICTIONAL DETERMINATION Northern Virginia Regulatory Section NAO (Muddy Branch) Michael Capretti Mount Sterling, LLC Ashbrook Place, Suite 185 Ashburn, VA Dear Mr. Capretti: This letter is in regard to your request for verification of an approved jurisdictional determination for waters of the U.S. (including wetlands) on property known as Potomac View Road, located on a ± 21 acre site at PIN Nos , , , , and in Loudoun County, Virginia. An on-site jurisdictional determination has found no waters and/or wetlands regulated under Section 10 of the Rivers and Harbors Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 U.S.C. 1344) on the property listed above. This letter shall serve to confirm the January 25, 2018 delineation by Wetland Studies and Solutions, Inc. (WSSI), as surveyed and shown on the map titled, "Potomac View Road" revised May 5, 2005 and date stamped as received by the Corps January 31, The Norfolk District has relied on the information and data provided by the applicant or agent. If such information and data subsequently prove to be materially false or materially incomplete, this verification may be suspended or revoked, in whole or in part, and/or the Government may institute appropriate legal proceedings. This letter contains an approved jurisdictional determination for your subject site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the North Atlantic Division Office at the following address: ATTN: Mr. James Haggerty, Regulatory Program Manager United States Army Corps of Engineers CENAD-PD-OR Fort Hamilton Military Community 301 General Lee Avenue Brooklyn, NY james.w.haggerty@usace.army.mil

32 -2- In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 C.F.R. part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address. It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this letter. This jurisdictional determination is valid for a period of five (5) years from the date of this letter unless new information warrants revision prior to the expiration date. If you have any questions, please contact Brittany Dunn telephone at (757) or via at (brittany.n.dunn@usace.army.mil). Sincerely, STOUFFER.RONALD.H.JR Ronald H. Stouffer, Jr. Environmental Scientist Northern Virginia Regulatory Section Digitally signed by STOUFFER.RONALD.H.JR DN: c=us, o=u.s. Government, ou=dod, ou=pki, ou=usa, cn=stouffer.ronald.h.jr Date: :25:30-04'00' Enclosure(s): Potomac View Road Delineation Map Appeals Form Cc: Benjamin N. Rosner

33 Received by USACE NAO BND 31 January 2018

34 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Michael Capretti, Mount Sterling, LLC File Number: NAO Date: 03/21/18 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.

35 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: Ms. Brittany Dunn Environmental Scientist (CENAO-WR-R) US Army Corps of Engineers - Norfolk District 803 Front Street Norfolk, VA Telephone number: If you only have questions regarding the appeal process you may also contact: Mr. James W. Haggerty Regulatory Program Manager (CENAD-PD-OR) U.S. Army Corps of Engineers Fort Hamilton Military Community 301 General Lee Avenue Brooklyn, New York Telephone number: RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Signature of appellant or agent. Date: Telephone number:

36 POTOMAC VIEW RD HARRY BYRD HWY CASCADES PKWY SITE

37