LOUDOUN COUNTY BOARD OF SUPERVISORS PUBLIC HEARING Wednesday, 6:00 p.m. Board Room, First Floor, Government Center I. CALL TO ORDER AGENDA SUMMARY II. BOARD OF SUPERVISORS PUBLIC HEARING ITEMS FOR CONSIDERATION: 1. Proposed Sale of County-Owned Affordable Dwelling Unit On May 1, 2013, the Loudoun County Board of Supervisors approved the County s purchase of Affordable Dwelling Units (ADUs) at risk of leaving the program through a market sale, using funds allocated from the County of Loudoun Housing Trust. These ADU homes were purchased with the intent of reselling them to qualified ADU program certificate holders through the established resale process. A contract has been placed by a qualified ADU program certificate holder on one (1) home owned by the County. The purchase price of the home is $131,837 for 42257 Tackroom Terrace, Unit #10D, Aldie, Virginia 20105. The sales price is equal to the ADU price plus a 1.5% real estate commission. The sale of County owned property requires a Public Hearing. The critical action date is at the pleasure of the Board. Election District: Blue Ridge Staff Contacts: Brian Reagan & Hope Stonebrook, Family Services 2. Proposed Resolutions Authorizing Use of Eminent Domain Property of: Samuels Mill LC, KCK Gettier LLC, Leesburg Self Storage LLC, Donald P. and Nancy R. Milburn, and Nicegrass LLC On February 18, 2015, the Board approved the Zoning Map Amendment application for Tuscarora Crossing, ZMAP-2012-0011, pursuant to the Proffer Statement dated February 17, 2015. Proffer IV. H obligates the Developer, Hunter Lee Center, LLC to pursue the acquisition offsite right of way and easements needed for the construction of Crosstrail Boulevard, Segment B for a period of six months. Due to delays in obtaining approval of the construction plans, the Proffer was amended with a Memorandum of Agreement to extend the deadline for Hunter Lee s proffer obligation with regards to the offsite right of way acquisition to December 1, 2016. As a result, the County now has six months from December 1, 2016 (June 1, 2017) to secure the necessary dedication and/or easements from the landowners, either by voluntary transfer or by the exercise of eminent domain. If the County is unsuccessful in the right-of-way acquisition, the Proffers provide that Hunter Lee may modify the four lane road section to accommodate the construction of the Crosstrail Boulevard Connection within the available right of way. Right-of-way and easements need to be acquired from seven parcels located in the County and two parcels located in the Town of Leesburg. In order to comply with the requirement for the County to obtain the
Page 2 necessary right-of-way and easements for the offsite portion of Crosstrail Boulevard Segment B by June 1, 2017, staff recommends the Board adopt resolutions authorizing the use of eminent domain to acquire portions of certain parcels to allow for the construction of the off-site portion of Crosstrail Boulevard as contemplated by the proffers of Tuscarora Crossing. The critical action date is June 1, 2017. Election District: Catoctin Staff Contacts: Joe Kroboth, Transportation and Capital Infrastructure; John Powell & Leo Rogers, County Attorney s Office 3. ZCPA-2016-0001 & SPEX-2016-0059 / Falcons Landing The purpose of these applications is to add 76 congregate living units and an 18-bed assisted living/skilled nursing facility at the Falcons Landing retirement community. To accomplish this, the applicant has submitted a zoning concept plan amendment (ZCPA) and special exception (SPEX) to amend previous approvals and expand the existing continuing care facility. The approximately 33-acre property is located on the south side of Algonkian Parkway and the west side of Potomac View Road in the PD-H4 (Planned Development Housing 4) zoning district administered as R-16 (Townhouse/Multifamily Residential). The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Potomac Community)), which designate this area for Residential uses at a recommended density of up to 4 dwelling units per acre. The proposal would increase the number of congregate living units from 330 to 391 and assisted living/skilled nursing beds from 90 to 108. The additional units would be possible through the removal of 38 congregate units which appear as single family detached and duplex homes. The congregate units are not owned or rented by the residents. The proposal does not include unmet housing needs units or cash contributions per County Policy. The Planning Commission (Commission) held a public hearing on the applications March 28, 2017, during which 37 public comments were presented, 19 in opposition and 18 in support of the proposal. Most of the comments were from Falcons Landing residents whose comments included concerns with contractual obligations and desires to modernize and add memory care. Other concerns included parking and construction-related impacts to neighboring single-family residences. The Commission voted 7-2 (Lloyd and Scheel opposed) to forward the applications to the Board of Supervisors (Board) with a recommendation of approval subject to Conditions of Approval and Proffer Statement. As required by the Commission at the public hearing, the applicant has amended the proffer statement to prohibit construction and employee parking and employee drop-off in the adjoining neighborhoods. Staff supports the Commission recommendation for Board approval. The critical action date is July 18, 2017. Election District: Algonkian Staff Contacts: Richard Hancock & Ricky Barker, Planning and Zoning
Page 3 4. CPAM-2016-0002 / Silver Line Comprehensive Plan Amendment The Board of Supervisors (Board) on March 17, 2016, unanimously approved a resolution initiating a Comprehensive Plan Amendment following studies by an Urban Land Institute (ULI) Technical Assistance Panel (TAP), completed in May 2014, and a Land Use Scenario Planning Study and a Market Analysis and Best Practices Study presented to the Board on January 21, 2016. As directed by the Board, staff has conducted a planning process to produce a Silver Line Comprehensive Plan Amendment. The process was based on consultant analysis and recommendations, public engagements, and collaboration with other department agencies. Staff believes the Comprehensive Plan Amendment achieves the Board s four goals: 1. Prompt realization of tax revenues to support future Metrorail operations; 2. Maximizing future employment generation; 3. Achieving the desired land use pattern; and 4. Minimizing demands on the County s transportation infrastructure. On November 29, 2016 following several meetings of the Board s Transportation and Land Use Committee to review the draft Plan, the Board held a special meeting to establish the overall direction for the Comprehensive Plan Amendment text, endorse a general framework for Planning Commission review and identify specific issues and questions for Commission consideration. The Planning Commission (Commission) held two (2) public hearings and four (4) work sessions between December 2016 and March 2017 to work on Board-directed items, Planning Commission-directed items, Staff recommendations, and issues arising from public comments received by the Commission. A final work session was held on April 13, 2017. At this final work session, the Planning Commission voted (8-0-1, Commissioner Sisley absent) to forward the Silver Line CPAM with Commission and Staff recommended changes along with recommended modifications to the County s Revised General Plan and Countywide Transportation Plan to the Board of Supervisors for its consideration. The new policies of the Silver Line Comprehensive Plan Amendment will supersede existing policies of the Revised General Plan. The CPAM will also modify the 2010 Countywide Transportation Plan (CTP) to implement new urban road standards and modify the road network for the Silver Line Policy Area. Amendments to the Revised General Plan and the CTP are included to accommodate the Plan Amendment. The Silver Line Plan uses place typologies to describe the desired form of development, rather than just the specific land uses, to provide a high degree of land use flexibility. Among many planning goals and objectives, the policies seek to concentrate the highest development densities closest to the Metrorail stations, allow flexibility and interim uses, embrace the technology industry and protect Dulles International Airport from incompatible uses. Areas of Commission discussion included the extent and fiscal impact of residential development, the location of the mixed use typology, the residential capacity of the Plan area, and accommodating interim land uses such as data centers. The Silver Line Plan will be incorporated in the new Envision Loudoun Comprehensive Plan. A Zoning Ordinance
Page 4 Amendment is also anticipated to implement the plan policies either by creating a new zoning district(s) or revising existing zoning districts. Should the Board endorse the Amendment, staff will forward the plan document to the Virginia Department of Transportation (VDOT) for their review in accordance with State Code requirements. The critical action date is at the pleasure of the Board. Election District: Ashburn, Broad Run, and Dulles Staff Contacts: Christopher Garcia & Ricky Barker, Planning and Zoning 5. ZMAP-2016-0007 / Waterside - Dulles East (a.k.a. Dulles 2000) The subject property represents the Dulles East portion of a land exchange between Waterside and Dulles East. The land exchange enables an alternate alignment for future Shaw Road that will allow Dulles East to have sufficient Shaw Road access when the Dulles East property is developed. The Applicant seeks to rezone the 2.29 acres of land acquired in the land exchange from PD-TC (Planned Development-Town Center) under the Revised 1993 Zoning Ordinance to PD-RDP Planned Development-Research Development Park) under the Revised 1993 Zoning Ordinance. The subject property is located west of Waterside, south of Old Ox Road (Route 606), and north of Innovation Avenue (Route 209), in the Broad Run Election District. The application does not include a development proposal. The Planning Commission (Commission) held a public hearing on this application on March 28, 2017. The Commission voted (8-1, Scheel opposed) to forward the application to the Board of Supervisors with a recommendation of approval. There are no outstanding issues. The Proffer Statement is under review by the Office of the County Attorney. The critical action date is June 6, 2017. Election District: Broad Run Staff Contacts: Judi Birkitt & Ricky Barker, Planning and Zoning 6. SPEX-2016-0058 / Community Corner Stone Ridge East Commercial, LLC., of Fairfax, Virginia, has submitted a Special Exception (SPEX) application to amend a prior SPEX approval for an automotive service station located southeast of the intersection of Gum Spring Road and Tall Cedars Parkway and north of the planned Stone Ridge Community in the PD-CC(CC) (Planned Development Commercial Center (Community Center)) zoning district. The amended application reorients the service station to Gum Spring Road and adds an accessory carwash. The subject property is approximately 1.89 acres in size and is located on the east side of Gum Spring Road and the south side of future Tall Cedars Parkway. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Dulles Community)) which designate this area for residential uses at densities of up to four dwelling units per acre and residential supportive commercial uses. The Planning Commission held a public hearing on the application on March 28, 2017. No members of the public spoke regarding the application. The Commission voted 9-0 to
Page 5 forward the application to the Board of Supervisors (Board) with a recommendation of approval. Staff supports approval by the Board with Conditions of Approval. The critical action date is. Election District: Dulles Staff Contacts: Steve Barney & Ricky Barker, Planning and Zoning 7. CMPT-2016-0004 & SPMI-2016-0012 / Poland Road Substation The purpose of this item is to consider a Commission Permit (CMPT) for a new utility substation and a Minor Special Exception (SPMI) to modify side and rear buffer yards for utility substations. The approximately 4.57-acre property is located on the south side of John Mosby Highway, midway between Tall Cedars Parkway and Poland Road in the CLI (Commercial Light Industrial) zoning district. The area is governed by the policies of the Revised General Plan, (Suburban Policy Area (Dulles Community)) and the Arcola Area/Route 50 Corridor Plan, which designate this area for Business uses. Since the Countywide Transportation Plan (2010 CTP) indicates John Mosby Highway is to become a limited access highway, alternate interparcel access points are designated should they become necessary. The SPMI seeks to reduce the buffer yard widths adjacent to data centers that are under construction. The Planning Commission (Commission) held a public hearing on the CMPT application February 28, 2017, during which one member of the public spoke critical of the proposal. The Commission will again discuss the applications at a work session April 13, 2017. Staff recommends the Board s ratification of the Planning Commission s approval of the CMPT application and conditional approval of the SPMI. The critical action date is June 12, 2017. Election District: Dulles Staff Contacts: Richard Hancock & Ricky Barker, Planning and Zoning 8. ZRTD-2016-0010 / Dulles North Industrial Park Lot 2 DNIP 2, LLC, of Frederick, Maryland, has submitted an application to convert approximately 10 acres from the PD-IP (Planned Development-Industrial Park) zoning district under the Revised 1993 Zoning Ordinance in effect in 2007, to the PD-IP (Planned Development-Industrial Park) zoning district under the Revised 1993 Zoning Ordinance, as amended. The subject property is also located within the Route 28 Taxing District. The subject property is approximately 10 acres in size and is located along the south side of Maries Road (Route 638), west of Cascades Parkway (Route 637), and east of Dulles Eastern Plaza, at 45891 and 45897 Maries Road, Sterling, Virginia. 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 recommend FAR of 0.4 to 1.0. The Planning Commission held its Public Hearing on March 28, 2017. There was one public speaker on the application. The Commission voted 9-0 to forward the application to
Page 6 the Board of Supervisors (Board) with a recommendation of approval subject to the Proffer Statement dated January 27, 2017, and based on the Findings for Approval in the March 28, 2017 Planning Commission Public Hearing Staff Report. Staff supports the Board s approval as the proposal is generally consistent with the Route 28 Business Policies. The Critical action date is November 22, 2017 Election District: Sterling Staff Contacts: Jacqueline Marsh & Ricky Barker, Planning and Zoning 9. ZMAP-2016-0004 & SPEX-2016-0071 / Lansdowne Continuing Care Facility Hawthorn Development, LLC, of Vancouver, Washington, has submitted applications for the rezoning of approximately 5.7 acres from the PD-OP (Planned Development Office Park) zoning district to the PD-MUB (Planned Development Mixed Use Business) zoning district and a special exception request to allow a Continuing Care facility in the PD-MUB zoning district. This application is subject to the Revised 1993 Zoning Ordinance. The Applicant is also requesting twelve zoning modifications to the PD-MUB Development Standards. The subject property is located south of Riverside Parkway, and in the northwest quadrant of the Harry Byrd Highway (Route 7)/Lansdowne Boulevard interchange, in the Ashburn Election District. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Ashburn Community)), which designate this area for Keynote Employment and Business uses at a recommended FAR of up to 1.0. The Planning Commission held its Public Hearing on March 28, 2017. There were no public speakers on the application. The Commission voted 9-0 to forward the application to the Board of Supervisors (Board) with a recommendation subject to the Proffer Statement dated January 27, 2017, and the special exception Conditions of Approval dated March 1, 2017, and based on the Findings for Approval in the March 28, 2017 Planning Commission Public Hearing Staff Report. Staff supports the Board s approval of the aforementioned application. The critical action date is. Election District: Ashburn Staff Contacts: Jacqueline Marsh & Ricky Barker, Planning and Zoning 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.