Loudoun County, Virginia Board of Supervisors 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, VA 20177-7000 Telephone (703) 777-0204 Fax (703) 777-0421 www.loudoun.gov BOARD OF SUPERVISORS PUBLIC HEARING AGENDA SUMMARY Board Room, First Floor, Government Center Wednesday, September 13, 2017 6:00 P.M. I. CALL TO ORDER II. BOARD OF SUPERVISORS/VIRGINIA DEPARTMENT OF TRANSPORTATION JOINT PUBLIC HEARING ITEM FOR CONSIDERATION: 1. Proposed FY 2018-FY 2023 Secondary Road Six-Year Plan and FY 2018 Construction Improvement Budget Priority List (Countywide) Each year the Board of Supervisors (Board) holds a joint public hearing with the Virginia Department of Transportation on a proposed Secondary Road Six-Year Plan (Plan). The purpose of this item is to solicit public comment and Board input regarding the projects and the priority ranking proposed in the draft Plan. Staff recommends the Board approve the draft Plan as presented and authorize the County Administrator to execute the Plan on behalf of the Board of Supervisors. The critical action date is September 30, 2017. Staff Contacts: Susan Glass & Joe Kroboth, Transportation and Capital Infrastructure III. BOARD OF SUPERVISORS PUBLIC HEARING ITEMS FOR CONSIDERATION: 2. Proposed Conveyance of County Property Grant of Easement (Electric) to Northern Virginia Electric Cooperative (NOVEC) Meadow Glen Park (Dulles) Loudoun County Public Schools has requested the grant of a utility easement (electric) over and across certain County property, known as Meadow Glen Park (PIN: 248-38-7145), for the purpose of providing electric service to Elementary School (ES)-28 located on an adjacent parcel. The critical action date is September 13, 2017. Staff Contacts: Jason Hobbie & Leo Rogers, County Attorney s Office 3. Proposed Conveyance of County Property - Dedication Public Street Right Of Way and Grant of Easements To The Town Of Leesburg, and Grant of Easement (Electric) to Northern Virginia Electric Cooperative 801 & 803 Sycolin Road, 1002 Sycolin Road, and 41975 Loudoun Center Place (Leesburg) The Town of Leesburg is widening Sycolin Road in Leesburg, Virginia. The Board of Supervisors (Board) owns several properties in the vicinity of the widening which are affected by it. The Town of Leesburg has requested the dedication of right of way and the granting of various easements (Storm Drain Easement and Temporary Construction Easements) and the Northern Virginia Electric Cooperative has requested an electric power
Page 2 easement over and across a portion of certain County-owned property that is Property PIN 191-45-5227 and PIN 191-35-5979; PIN 191-25-9906; and PIN 191-16-9866, for the purpose of constructing, installing, operating, maintaining, and repairing the infrastructure and utilities related to the widening of Sycolin Road. The location of the right of way and easements have been determined acceptable by the Department of Transportation and Capital Infrastructure. There is no known fiscal impact in granting the right of way and easements. Staff recommends that as requested, the right of way and easements be granted to the Town of Leesburg and the Northern Virginia Electric Cooperative. The critical action date is at the pleasure of the Board. Staff Contacts: Ernest Brown, General Services; John Powell, County Attorney s Office 4. Proposed Conveyance of County Property Grant of Easement to Loudoun Tech Center, and Grant of Easement (Waterline) to the Town of Leesburg 1002 Sycolin Road (Leesburg) The county is upgrading the 911 pathway to county-owned properties on Sycolin Road and Miller Drive concurrent with the Town of Leesburg s widening of Sycolin Road in Leesburg. Staff recommends that the Board of Supervisors (Board) grant Leesburg Tech LLC 2,254 square feet of access easement and 3,944 square feet of temporary construction easement through and across a portion of certain county-owned property known as 1002 Sycolin Road for consideration of a portion of the capital costs associated with the construction of the 911 pathway. Staff also recommends that the Board grant a 370 square foot perpetual waterline easement to the Town of Leesburg through and across a portion of certain county-owned property known as 1002 Sycolin Road. The property is more particularly described as Tax Map Number /60/////////8E (PIN: 191-25-9906). There is no known significant financial impact associated with granting the easements. Compensation for the easements is comparable to appraised value. Staff recommends that the Board grant an access easement and temporary construction easement to Leesburg Tech LLC and a waterline easement to the Town of Leesburg. The critical action date is at the pleasure of the Board. Staff Contacts: Ernest Brown, General Services; John Powell, County Attorney s Office 5. Proposed Amendments to Chapter 612 of the Codified Ordinances of Loudoun County, Dogs and Other Animals (Countywide) The Department of Animal Services currently faces challenges in fairly and consistently enforcing certain provisions in Chapter 612 Dogs and Other Animals, due to two primary issues: 1.) Portions of this Chapter are no longer consistent with the Code of Virginia or other County laws, due to amendments or repeals; and 2.) Chapter 612 lacks thorough definitions of terms and penalties, or utilizes definitions which are inconsistent with definitions found in the state law, leaving them open to possible conflicting interpretation by citizens, officers and the courts. This makes enforcement more difficult and the legal outcomes may vary depending on the view held by those involved in such cases.
Page 3 The sections of the ordinance that are recommended for policy amendment include: 1. Chapter 612.03 License Tax and Chapter 612.26 (b) Kennel License Fee 2. Chapter 612.13 Running at Large 3. Chapter 612.19 Other Unlawful Acts (animal noise) The following ordinance sections are not substantive in nature and primarily are offered so that our ordinance is consistent with current Code of Virginia language. These changes will help with ordinance clarity and will ensure that local enforcement is consistent with the Code of Virginia. 1. Chapter 612.02 Definitions; 2. Chapter 612.17 Disposal of dead companion animals; 3. Chapter 612.23 Seizure and disposal of abandoned, neglected, cruelly treated animals. At the July 20, 2017, Board of Supervisors (Board) Business Meeting, the Board moved (7-2: Meyer and Randall opposed) the recommendation of the Finance/Government Operations and Economic Development Committee that the Board of Supervisors direct staff to advertise and include the proposed draft amendments to Chapter 612 of the Codified Ordinances shown in Attachment 1 of the July 20, 2017, Board of Supervisors Business Meeting Action Item, as part of a future Board of Supervisors Public Hearing. Staff supports the approval of the proposed amendments. The critical action date is at the pleasure of the Board. Staff Contacts: Mark Stacks & Nina Stively, Animal Services; Robert Middaugh, County Administration 6. SIDP-2016-0008/Avonlea Sign Development Plan (Dulles) The purpose of this item is to consider an application for a Sign Development Plan to modify the following sign regulations for permitted signs proposed within Avonlea Plaza: maximum number of signs, maximum area of any one sign, total aggregate sign area, maximum height of signs, and minimum setback from right-of-way. The subject property is approximately 27.1 acres in size and is located on the north side of John Mosby Highway (Route 50), on the east side of Pinebrook Road, and on the north side of Tall Cedars Parkway in the Dulles Election District. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Dulles Community), which designate this area for Route 50 Hybrid Retail Center land uses. The Planning Commission (Commission) held a public hearing on July 25, 2017. One member of the public spoke in opposition of the proposal, citing concerns that the signs would result in visual clutter along Route 50. The Commission discussed the height, design, and nighttime visibility of signs, especially those proposed along the site s Route 50 frontage. The Commission forwarded (8-1: Barnes opposed) the application to the Board of Supervisors (Board) with a recommendation of approval. Staff cannot support Board approval due to outstanding concerns related to the signage proposed along the Route 50 frontage. Issues for Board discussion include: 1) Sign Type P5 - staff recommends eliminating these seven proposed project entrance signs, which are 21 10 in height and 2) Sign Type P2 to accommodate the applicant s request for tenant
Page 4 identification along Route 50, staff could support the Board s approval of replacing one or both of these two proposed 198 square-foot project identification signs with signage similar to the project entrance signs that list individual tenants below the project name (Sign Type P1). Staff specifically cites Sign Type P5 s inconsistency with Plan policy and the potential to set an unfavorable precedent for signage patterns along the Route 50 corridor and other highway frontages. The critical action date is October 11, 2017. Staff Contacts: Randall Farren & Ricky Barker, Planning and Zoning 7. ZRTD-2017-0003/Concorde Industrial Park Lot 8 (Broad Run) The purpose of this application is to consider a request to rezone approximately 5.6 acres from the PD-GI (Planned Development - General Industry) zoning district under the 1972 Zoning Ordinance to the PD-GI zoning district under the Revised 1993 Zoning Ordinance in order to permit the development of all principal and accessory uses permitted in the PD- GI zoning district under the Revised 1993 Zoning Ordinance at a maximum Floor Area Ratio (FAR) of 0.40 (up to 0.60 by Special Exception). The subject property is located on the west side of Executive Drive, north of Old Ox Road, and west of Relocation Drive within the Broad Run Election District. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Sterling Community)) and Route 28 Corridor Plan, which designate this area for Route 28 Industrial uses. The Planning Commission (Commission) held a public hearing regarding the application on June 27, 2017. No members of the public spoke regarding the proposal. The Commission forwarded (9-0) the application to the Board of Supervisors (Board) with a recommendation of approval. Staff has identified no outstanding issues. Staff supports the Board s approval. The Office of the County Attorney has approved the proffers to legal form. The application is ready for action. The critical action date is March 22, 2018. Staff Contacts: Randall Farren & Ricky Barker, Planning and Zoning 8. *DEFERRED* SPEX-2016-0064, SPMI-2016-0021 & ZMOD-2016-0022/JSF Pacific Boulevard (Broad Run) This item has been deferred. Staff Contacts: Jacqueline Marsh & Ricky Barker, Planning and Zoning 9. CMPT-2016-0005 & SPMI-2017-0013/Perimeter Substation (Blue Ridge and Dulles) The purpose of this item is to consider ratifying a Commission Permit (CMPT) and approving a Minor Special Exception (SPMI) for an electric distribution substation in the PD-GI (Planned Development General Industry) zoning district and to consider approving a request to modify the buffering and screening requirements for such substation. The approximately 24.95-acre subject property is composed of two lots and is located on the north side of Old Ox Road, east of Loudoun County Parkway, and west of Pebble Run Place in the Dulles and Blue Ridge Election Districts. The area is governed by the policies
Page 5 of the Revised General Plan (Suburban Policy Area (Dulles Community)), which designate this area for industrial uses. The Planning Commission (Commission) held a public hearing on the CMPT application on July 25, 2017. No members of the public spoke regarding the application. The Commission approved (9-0) CMPT-2016-0005, Perimeter Substation, based on the Findings for Approval and subject to the Commission Permit Plat and forwarded it to the Board of Supervisors (Board) for ratification, subject to the replacement of deciduous trees with evergreen trees in the southern, eastern, and western Buffer Yards. The Commission does not act on Minor Special Exceptions. Staff has identified no outstanding issues. Staff supports the Board s approval of the CMPT and SPMI applications, including the buffer modification. The Office of the County Attorney has approved the Conditions of Approval (for the SPMI) to legal form, and the applicant is in agreement with the Conditions. The applications are ready for action. Per the Revised 1993 Zoning Ordinance, the Board has 60 days following Commission action to ratify or overrule a Commission action regarding a CMPT application. The 60-day period ends September 25, 2017. As such, the critical action date is September 23, 2017. Staff Contacts: Steve Barney & Ricky Barker, Planning and Zoning 10. ZRTD-2016-0014/Prospect Industrial Park Lot 3 (Broad Run) The purpose of this item is to consider a zoning ordinance conversion in the Route 28 Taxing District. The applicant seeks to convert approximately 2.54 acres from the PD-IP (Planned Development Industrial Park) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance to permit all current and future uses permitted by the current Ordinance. The subject property is located on the south side of Acacia Lane, west of Moran Road, and east of Randolph Drive, at 44819 Acacia Lane in Sterling and within the Broad Run Election District. The area is governed by the policies of the Revised General Plan (Sterling Community) and Route 28 Corridor Plan, which designate this area for Route 28 Business. Plan policies support conversions of land within the Route 28 Taxing District to the most current ordinance. The Planning Commission (Commission) held a public hearing on the application on July 25, 2017. No members of the public spoke regarding the applications. The Commission forwarded (9-0) the application to the Board of Supervisors (Board) with a recommendation of approval. Staff has identified no outstanding issues. Staff supports Board approval of the application subject to proffers. The Office of the County Attorney has approved the proffers to legal form. The application is ready for action. The critical action date is January 30, 2018. Staff Contacts: Steve Barney & Ricky Barker, Planning and Zoning 11. ZRTD-2017-0006/Transdulles Parcel 6D (Broad Run) The purpose of this item is to consider a zoning ordinance conversion in the Route 28 Taxing District. The applicant seeks to rezone approximately 1.7 acres from the PD-IP
Page 6 (Planned Development - Industrial Park) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance, as may be amended in the future. The subject property is located on the west side of Sally Ride Drive (Route 851), south of Davis Drive (Route 868), and north of Glenn Drive (Route 864) in the Broad Run Election District. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Sterling Community) and Route 28 Corridor Plan, which designate this area for Route 28 Business uses. Plan policies support conversions of land within the Route 28 Taxing District to the most current ordinance. The Planning Commission (Commission) held a public hearing regarding the application on July 25, 2017. No members of the public spoke regarding the proposal. The Commission forwarded (9-0) the application to the Board of Supervisors (Board) with a recommendation of approval. Staff has identified no outstanding issues. Staff supports the Board s approval subject to proffers. The Office of the County Attorney has approved the proffers to legal form. The application is ready for action. The critical action date is April 20, 2018. Staff Contacts: Michael Stapor & Ricky Barker, Planning and Zoning 12. CMPT-2017-0002 & SPMI-2017-0002/Verizon Arcola Communication Center (Blue Ridge) The purpose of this item is to consider: 1) ratifying a Commission Permit (CMPT) for expansion of an existing public utility (Verizon) service center to construct a one-story building of 1,357 square feet, and 2) approving a Minor Special Exception (SPMI) to reduce the required lot area for the zoning district in which the service center is located as well as modify front and side buffer yards required for utility service centers. The approximately 0.15-acre property is located on the north side of John Mosby Highway, about 625 feet west of Lenah Farm Lane in the RC (Rural Commercial) zoning district and the Blue Ridge Election District. The area is governed by the policies of the Revised General Plan, (Transition Policy Area (Upper Broad Run Subarea)), which designate this area for residential uses up to one dwelling unit per acre and non-residential uses that provide a visual and spatial transition between suburban development to the east and rural development to the west. The Planning Commission (Commission) held a public hearing on the CMPT application July 25, 2017, during which no members of the public spoke on the proposal. The Commission discussed the exterior materials and use of the building but made no related recommendation. The Commission approved (9-0) the Commission Permit based on the Findings for Approval and forwarded it to the Board of Supervisors (Board) for ratification. Staff has identified no issues with the applications. Staff recommends that the Board ratify Commission approval of the CMPT application, and staff supports Board approval of the SPMI with conditions. The Office of the County Attorney has approved the conditions to legal form. The applicant is in agreement with the conditions. The application is ready for action. The critical action date is September 23, 2017. Staff Contacts: Richard Hancock & Ricky Barker, Planning and Zoning
Page 7 13. ZCPA-2017-0005, ZRTD-2016-0002 & SPEX-2017-0022/WestDulles Station (Broad Run) The purpose of this item is to consider the following three applications: 1) A Zoning Concept Plan Amendment (ZCPA) to replace the concept development plan and the proffers approved with ZMAP-2005-0021, West Dulles Station, in order to permit the development of the subject property under the current PD-IP (Planned Development Industrial Park) zoning district standards and to increase the maximum Floor Area Ratio (FAR) from 0.4 to 0.6 (up to 1.0 by Special Exception); 2) A Zoning Map Amendment (ZMAP) to rezone approximately 28.42 acres from the PD-IP zoning district under the Revised 1993 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance in order to permit the development of all principal and accessory uses permitted in the PD-IP zoning district under the Revised 1993 Zoning Ordinance at a maximum FAR of 0.60 (up to 1.0 by Special Exception); and 3) A Special Exception (SPEX) to permit an increase in the maximum FAR of the PD-IP zoning district from 0.6 to 1.0. The subject property is approximately 28.42 acres in size and is located along the east side of Lockridge Road, south of Prentice Drive, and west of Randolph Drive, at 22426 Lockridge Road, in Sterling and in the Broad Run Election District. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Sterling Community) and Route 28 Corridor Plan, which designate this area for Route 28 Business uses at a recommended FAR of 0.4 to 1.0 or Transit Related Employment Center (TREC) uses at a recommended FAR of 0.6 to 2.0. The Planning Commission (Commission) held a public hearing regarding the applications on July 25, 2017. No members of the public spoke regarding the proposal. The Commission forwarded (9-0) the applications to the Board of Supervisors (Board) with a recommendation of approval. Staff supports the Board s approval subject to development proffers and conditions. The Office of the County Attorney has approved the proffers and conditions to legal form. The applicant is in agreement with the conditions. The applications are ready for action. The critical action date is December 21, 2017. IV. ADJOURN Please note: Staff Contacts: Jacqueline Marsh & Ricky Barker, Planning and Zoning Advanced sign-up for Public Comment is available. Contact the Office of the County Administrator at (703) 777-0200 to sign-up to speak. Advanced sign-up is open until noon the day of the Public Hearing. The hearing can be viewed via webcast at www.loudoun.gov/meetings. Copies of agenda items are available in the County Administrator s Office and also available on-line at http://www.loudoun.gov/bosdocuments. The Action Report of the hearing is usually available on-line by close of business two days following the Public Hearing. If you need assistance accessing this information contact County Administration at 703-777-0200. If you require a reasonable accommodation for any type of disability in order to participate in this meeting, please contact the Office of the County Administrator at 703-777-0200. At least one business day of advance notice is requested; some accommodations may require more than one day of notice. FM Assistive Listening System is available at the hearing. Agenda 09-13-17