Date of Hearing: PLANNING COMMISSION PUBLIC HEARING STAFF REPORT SUBJECT: ELECTION DISTRICT: ZRTD-2016-0005 NVA DEVELOPMENT Broad Run CRITICAL ACTION DATE: July 18, 2017 STAFF CONTACTS: APPLICANT: Jacqueline Marsh, AICP, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning Kevin Goeller, NVA Development Group, LLC PURPOSE: The purpose of this application is to consider a zoning conversion of 4.0 acres within the Route 28 Taxing District from PD-IP (Planned Development Industrial Park) under the 1972 Zoning Ordinance to PD-IP under the Revised 1993 Zoning Ordinance. RECOMMENDATION: Staff supports the Planning Commission s recommendation of approval for the following reasons: 1. The conversion of the subject property to the Revised 1993 Zoning Ordinance is supported by the policies of the Revised General Plan; 2. The range of permitted and special exception uses in the proposed PD-IP zoning district under the Revised 1993 Zoning Ordinance are compatible with the surrounding existing PD-IP (Planned Development Industrial Park) uses;
SUGGESTED MOTIONS: ZRTD-2016-0005, NVA Development, LLC Page 2 1. I move that the Planning Commission forward ZRTD-2016-0005, NVA Development, LLC to the Board of Supervisors with a recommendation of approval, subject to the Proffer Statement dated August 25, 2016, and based on the Findings for Approval in the Staff Report. OR 2. I move that the Planning Commission forward ZRTD-2016-0005, NVA Development, LLC, to a work session for further discussion. OR 3. I move that the Planning Commission forward ZRTD-2016-0005, NVA Development, LLC, to the Board of Supervisors with a recommendation of denial. APPLICANT NVA Development, LLC Kevin Goeller, Managing Member 571-382-2061 kgoeller@klnb.com Table 1. Application Information. REPRESENTATIVE Walsh, Colucci Lubeley & Walsh, PC Michael Romeo 571-209-5772 mromeo@thelandlawyers.com PARCELS/ACREAGE Tax Map Number PIN Number Acreage /94///5/////3/ # 044-180-109 4.0 acres ACCEPTANCE DATE July 18, 2016 ZONING ORDINANCE 1972 Zoning Ordinance POLICY AREA Suburban Policy Area (Ashburn Community) LOCATION South of Moran Road, west of Pacific Boulevard on the east side of Powers Court, EXISTING ZONING PDD-IP (Planned Development Industrial Park) AI (Airport Impact) Overlay District, between the Ldn 60-65 and outside of but within one (1) mile of the Ldn 60 aircraft noise contours. Route 28 Taxing District PLANNED LAND USE Route 28 Business
CONTEXT: ZRTD-2016-0005, NVA Development, LLC Page 3 Location/Site Access. The site is located south of Moran Road (VA Route 634), East of Powers Court (VA Route 875) and west of Pacific Boulevard (VA Route 1036). There are two full access points to the site on Powers Court. Existing Conditions A two-story flex/warehouse building is currently constructed on the site with associated parking. The site is located in the AI (Airport Impact) Overlay District. Surrounding Properties All of the surrounding properties are located in the PD-IP (Planned Development Industrial Park) zoning district. The surrounding uses include flex industrial uses to the west and south and vacant land to the east and north. The properties to the north and south are governed by the 1972 Zoning Ordinance, the properties to the east and west are governed by the 1993 Zoning Ordinance, Figure 1. Vicinity Map Background The subject property is located within the Route 28 Taxing District, which generates funds for large-scale transportation improvements to Route 28. In accordance with Virginia State Code, property owners in the Route 28 Taxing District are not subject to countywide
ZRTD-2016-0005, NVA Development, LLC Page 4 rezonings, but may opt into the current zoning ordinance by request. As such, this property is currently regulated by the 1993 Zoning Ordinance. On March 15, 2011, the Board of Supervisors adopted (Comprehensive Plan Amendment) CPAM- 2009-0001, Route 28 Keynote Employment Policies (more commonly known as the Route 28 Corridor Plan policies) to promote the Route 28 Corridor as a major economic and employment center with predominately commercial development within distinct land development patterns. In 2013 and 2014 the Board approved the regulations and related optional overlay zoning district to implement its Keynote Employment Policies. As a result, property owners in the Route 28 Taxing District have an additional development option available that enables utilization of a staff-only review and approval process within the Route 28 Overlay District. The subject site has been developed as a 56,916 square foot flex/warehouse building and has not been the subject of any previous legislative approvals. There are no comments regarding this application on the Loudoun Online Land Applications (LOLA) website. No other public comments have been received in regards to this proposal. PROPOSAL: The Applicant is seeking a zoning conversion from PD-IP (Planned Development-Industrial Park) under the 1972 Zoning Ordinance to PD-IP under the Revised 1993 Zoning Ordinance. OUTSTANDING ISSUES: There are no outstanding issues with this application. The Revised General Plan policies support the conversion of properties in the Route 28 Tax District to the current Zoning Ordinance. POLICY ANALYSIS: Zoning Map Amendment Petition (ZMAP) Criteria for Approval - Zoning Ordinance Section 6-1210(E) of the Revised 1993 Zoning Ordinance states that if an application is for a reclassification of property to a different zoning district classification on the Zoning Map, the Planning Commission shall give reasonable consideration to six (6) factors or criteria for approval. These criteria for approval are organized below by category, followed by Staff s analysis. LAND USE: ZO 6-1210(E)(1) Appropriateness of the proposed uses based on the Comprehensive Plan, trends in growth and development, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies and the encouragement of the most appropriate use of land throughout the locality. Analysis There are no outstanding land use issues. The proposed conversion to the most current Zoning Ordinance is appropriate. The Revised General Plan provides policy direction encouraging property owners within the Route 28 Taxing District to convert to the Revised 1993 Zoning Ordinance to provide consistent development patterns within the District.
ZRTD-2016-0005, NVA Development, LLC Page 5 COMPATIBILITY: ZO 6-1210(E)(2) The existing character and use of the subject property and suitability for various uses, compatibility with uses permitted and existing on other property in the immediate vicinity, and conservation of land values. Analysis There are no compatibility issues as the applicant does not specify a use with this application; however, the flex warehouse building on the subject property is compatible with the surrounding flex uses. The range of uses allowed in the proposed PD-IP zoning district are also compatible with uses in the vicinity. ENVIRONMENTAL AND HERITAGE RESOURCES: ZO 6-1210(E)(5) Potential impacts on the environment or natural features including but not limited to wildlife habitat, wetlands, vegetation, water quality (including groundwater), topographic features, air quality, scenic, archaeological, and historic features, and agricultural and forestal lands and any proposed mitigation of those impacts. This application has no known environmental issues, as it is developed with an existing building and does not include a development proposal. The Applicant is required to meet Zoning Ordinance and FSM requirements that would protect environmental resources upon any future expansion of development on the site. TRANSPORTATION: ZO 6-1210(E)(3) Adequacy of sewer and water, transportation, and other infrastructure to serve the uses that would be permitted on the property if it were reclassified to a different zoning district [emphasis added]. This application has no outstanding transportation issues. Consistent with the streamlined review process for zoning conversions in the Route 28 Taxing District, the Applicant has submitted the County s Traffic Statement for Route 28 ZMAP Applications to the Current Zoning Ordinance (also known as the Route 28 Generalized Traffic Statement ). This generalized traffic statement provides current and future conditions of major roads and intersections throughout the Route 28 Tax District. FISCAL IMPACTS: ZO 6-1210(E)(4) The requirements for airports, housing, schools, parks, playgrounds, recreational areas and other public services. There are no known fiscal or capital impact issues. Because the proposed PD-IP zoning district under the Revised 1993 Zoning Ordinance allows for a broader range of uses than the PD-IP zoning district under the 1972 Zoning Ordinance, the rezoning is anticipated to create the opportunity for more economically viable uses on the subject property, which would likely generate employment opportunities and increase the tax base.
ZRTD-2016-0005, NVA Development, LLC Page 6 PUBLIC UTILITIES/PUBLIC SAFETY: ZO 6-1210(E)(3) Adequacy of sewer and water, transportation, and other infrastructure to serve the uses that would be permitted on the property if it were reclassified to a different zoning district. (6) The protection of life and property from impounding structure failures. [emphasis added]. Analysis There are no known public utility or public safety issues. Adequate facilities exist to serve the range of PD-IP uses permitted under the Revised 1993 Zoning Ordinance. Existing water and sewer lines are located in the vicinity of the subject property. The property will be served by the Kincora Fire and Rescue Station. ZONING ANALYSIS: Analysis This application proposes to retain the PD-IP zoning district but convert its administration to the most current version of the Revised 1993 Zoning Ordinance. Language in the proffer statement would subject the site to the Revised 1993 Loudoun County Zoning Ordinance including any future zoning ordinance amendments. ATTACHMENTS: 1. Findings for Approval 2. Referral Comments 3. Applicant Response to Referral Comments (08-25-16) 4. Proffer Statement (08-25-16) 5. Concept Development Plan (08-25-16) The staff reports and associated attachments, as well as referral agency comments, can be viewed online at either www.loudoun.gov/pc (Select Planning Commission Documents ) or on the Loudoun Online Land Applications System (LOLA) at www.loudoun.gov/lola (Search ZRTD- 2016-0005.