Date of Hearing: July 24, 2018 PLANNING COMMISSION PUBLIC HEARING STAFF REPORT SUBJECT: ELECTION DISTRICT SPEX-2018-0006, Werden Animal Clinic Dulles CRITICAL ACTION DATE: October 20, 2018 STAFF CONTACT(S): APPLICANT: Steve Barney, Project Manager, Planning & Zoning Kenny Young, Acting Director, Planning & Zoning Dr. Kathleen E. Werden, Werden Veterinary Services LLC PURPOSE: A request to develop an approximately 3,320 square foot animal hospital in an existing shopping center. RECOMMENDATION: The proposed use is compatible with the surrounding uses within an existing retail development and would have minimal to no impact on the surrounding roadway network. Staff supports the Planning Commission s (Commission) recommendation of approval to the Board of Supervisors (Board) subject to the Conditions (Attachment 1) and based on the Findings for Approval (Attachment 2). The applicant is in general agreement with the Conditions. APPLICATION INFORMATION: APPLICANT: Werden Veterinary Services LLC Dr. Kathleen E. Werden (No email address or phone number provided) REPRESENTATIVES: Bowman Consulting Packie Crown Bobby Klancher 703-443-2400 bklancher@bowmanconsulting.com pcrown@bowmanconsulting.com Odin, Feldman, Pittleman, P.C. Noah Klein, Esq. 703-218-2193 noah.klein@ofplaw.com
SPEX-2018-0006, Werden Animal Clinic Planning Commission Public Hearing July 24, 2018 Page 2 PARCELS/ACREAGE: Tax Map Number PIN Acreage /93//16CM//U6/ 124-40-2393 4.32 ACCEPTANCE DATE: April 20, 2018 ZONING ORDINANCE: Revised 1993 Loudoun County Zoning Ordinance POLICY AREA: Suburban (Dulles) LOCATION: West of Old Ox Road (Route 606) and south of Overland Drive (Route 2962) at 23520 Overland Drive. EXISTING ZONING: PD-CC-CC (Planned Development - Commercial Center (Community Center)) Airport Impact (AI) Overlay District, outside of but within one mile of the Ldn 60 aircraft noise contour PLANNED LAND USE: Industrial at an floor-area ratio (FAR) of up to 0.4 CONTEXT: Location/Site Access The site is located west of Old Ox Road and south of Overland Drive. Existing Conditions The property is developed as the Dulles Market Square shopping center. Surrounding Properties The property is bordered by flex-industrial uses on the north and west. Dulles Airport is located to the south and east, across Old Ox Road. Directions From downtown Leesburg, head south on King Street for approximately 1.3 miles. Turn left onto Evergreen Mills Road, and proceed south for approximately 10.9 miles. Turn left onto Belmont Ridge Road and proceed approximately 0.5 mile. Turn right onto Shreveport Drive and proceed approximately 1.1 miles. Turn right onto Loudoun County Parkway and proceed approximately 0.5 mile. Turn left onto Old Ox Road and proceed approximately 1.4 miles. Turn left onto Overland Drive and make an immediate left into the Dulles Market Square Shopping Center.
SPEX-2018-0006, Werden Animal Clinic Planning Commission Public Hearing July 24, 2018 Page 3 Figure 1: Vicinity Map PROPOSAL: The applicant seeks to establish an approximately 3,320 square foot animal hospital in a tenant lease space within an existing 57,000 square foot multi-tenant retail building in the Dulles Market Square shopping center. The proposed animal hospital will not offer dog/pet daycare. Any animal boarding will be incidental to the hospital use. BACKGROUND: The Dulles Market Square shopping center was developed pursuant to approved Zoning Map Amendment (ZMAP)-2003-0001 / SPEX-2003-0026, Dulles Trade Center IV. Other approvals include site plan (STPL)-2004-0072, for 99,000 square feet of commercial/retail development, and Site Plan Amendment (SPAM)-2008-0091, which incorporated revisions to allow for a new day care facility. The applicant has not held any community meetings. There are no comments on the Loudoun Online Land Application System (LOLA) regarding the application. The staff reports and associated attachments can be viewed online on the Loudoun Online Land Applications System (LOLA) at www.loudoun.gov/lola; search SPEX-2018-0006.
SPEX-2018-0006, Werden Animal Clinic Planning Commission Public Hearing July 24, 2018 Page 4 OUTSTANDING ISSUES: Staff has identified no outstanding issues regarding this application. Figure 2: Concept Development Plan POLICY ANALYSIS: Special Exception (SPEX) Criteria for Approval - Zoning Ordinance Section 6-1309 of the Revised 1993 Zoning Ordinance states that in considering a minor special exception or special exception application, six (6) factors shall be given reasonable consideration. These criteria for approval are organized below by category, followed by Staff s analysis. A. Land Use: ZO 6-1309(1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. (5) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public.
SPEX-2018-0006, Werden Animal Clinic Planning Commission Public Hearing July 24, 2018 Page 5 Analysis Staff has identified no outstanding land use issues. While the site is planned for industrial uses, the proposed animal hospital is consistent with the existing retail uses and zoning on the property. B. Compatibility: ZO 6-1309(2) Whether the level and impact of any noise, light, glare, odor or other emissions generated by the proposed use will negatively impact surrounding uses. (3) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. Analysis Staff has identified no outstanding compatibility issues. The main area of discussion with the applicant during the review of the application was mitigation of potential impacts of noise and odor. The applicant has agreed to Conditions requiring soundproofing and adequate ventilation to mitigate noise and odors. Condition 5 specifies construction standards for walls and equipment specifications for odor control, with the intention that animal noises and odors would not be evident in adjoining spaces. C. Environmental and Heritage Resources: ZO 6-1309(4) Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality (including groundwater), air quality, topographic, scenic, archaeological or historic features, and agricultural and forestal lands. Analysis Staff has identified no outstanding environmental issues. The site is already developed and no additional site disturbance is proposed. D. Transportation: ZO 6-1309(6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities [emphasis added]. Analysis Staff has identified no outstanding transportation issues. The animal hospital use is anticipated to have minimal impact on the surrounding transportation network. E. Public Utilities/Public Safety: ZO 6-1309(6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities [emphasis added]. Analysis Staff has identified no outstanding issues regarding public utilities or public safety. The site is served by public utilities (water and sewer). Fire and Rescue services are provided by Arcola, Station 9, with an approximate response time of 6 minutes. The standard fire and rescue contribution was included in the Proffers associated with ZMAP-2003-0001, Dulles Trade Center IV. As such, the Conditions for this application do not include this contribution.
SPEX-2018-0006, Werden Animal Clinic Planning Commission Public Hearing July 24, 2018 Page 6 ZONING ANALYSIS: The Zoning Administration and Proffer Management divisions of the Department of Planning and Zoning have requested minor changes to the SPEX plat and Conditions. Staff anticipates that these changes will be made prior to the Board Public Hearing. The property is subject to Proffers and Conditions associated with ZMAP-2003-0001 and SPEX- 2003-0026. Pursuant to Zoning Ordinance Section 4-204(B)(11) Animal hospital is a special exception use in the PD-CC(CC) district. DRAFT MOTIONS: 1. I move that the Planning Commission forward SPEX-2018-0006, Werden Animal Clinic, to the Board of Supervisors with a recommendation of approval, subject to the Conditions dated July 17, 2018, and based on the Findings for Approval provided as Attachments 1 and 2 to the July 24, 2018, Planning Commission Public Hearing Staff Report. OR 2. I move that the Planning Commission forward SPEX-2018-0006, Werden Animal Clinic, to a Planning Commission Work Session for further discussion. OR 3. I move an alternate motion. ATTACHMENTS: 1. Conditions of Approval (July 17, 2018) 2. Findings for Approval 3. SPEX Plat (July 11, 2018) 4. Statement of Justification 5. Review Agency Comments 6. Response to Referral Comments
Conditions of Approval SPEX-2018-0006, Werden Animal Clinic DRAFT July 17, 2018 1. Substantial Conformance. The development of the Special Exception use, Animal Hospital in the PD-CC-CC (Planned Development - Commercial Center (Community Center)) zoning district, shall be in substantial conformance with Sheets 1 and 3 of 3 of the plan set entitled Werden Animal Clinic Special Exception for Animal Hospital (the SPEX Plat ), revised July 11, 2018, and the Revised 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ). Approval of this application for an approximately 3,320 square foot portion of a 4.32 acre parcel identified as Tax Map Number /93//16CM//U6/ (PIN# 124-40-2393) (the Property ) shall not relieve the applicant or the owners of the Property, their successors, or parties developing, establishing, or operating the approved Special Exception use (the Applicant ) from the obligation to comply with the Zoning Ordinance, Codified Ordinance, and any other applicable regulatory requirements. All proffered conditions of any previously approved rezoning currently applicable to the Property shall remain in full force and effect. 2. Uses Permitted. This Special Exception grants approval for an approximately 3,320 square foot Animal Hospital use (the SPEX Use ) in accordance with Section 4-204(B)(11) in the PD-CC-CC (Planned Development - Commercial Center (Community Center)) zoning district regulations of the Zoning Ordinance. 3. Boarding. No overnight animal boarding services shall be provided with the exception of incidental boarding of animals receiving medical care at the SPEX Use. 4. Animal Waste Handling and Disposal. The SPEX Use shall comply with all applicable federal, state and local regulations regarding animal care and treatment, animal facilities and animal waste disposal, including the proper handling and disposal of deceased animals. Deceased animals shall be removed from the site and disposed of off-site in accordance with all applicable federal, state, and local regulations. 4. Outdoor Activities. No outdoor areas for animals shall be established, nor outside activities for animals conducted, including, without limitation, the exercise or training of animals, outside runs, or play areas. 5. Noise and Ventilation. Prior to the approval of the first occupancy permit for the SPEX Use, the Applicant shall provide documentation from the Department of Building and Development verifying that the building in which the SPEX Use is located meets the following requirements: a. The common walls around interior animal holding areas meet or exceed a STC rating of 55. Demising walls shall be constructed in accordance with all applicable codes. b. A ventilation system sufficient to mitigate odors associated with the SPEX Use, such as a Carrier system (or a similar product determined by the Department of Building and Development to be equivalent) Roof Top Unit (RTU), will be provided. Such ventilation system shall, at a minimum, provide an air exchange system at a tonnage of 1 ton per 300 SF of SPEX Use and include active dehumidification. Attachment 1
SPEX-2018-0006, Werden Animal Clinic Findings for Approval July 3, 2018 1. The proposed use of the site as an animal hospital is consistent with the requirements of the Revised 1993 Zoning Ordinance. 2. The proposed use would have minimal impact on the surrounding roadway network and would not necessitate additional transportation improvements to the public roadway network. 3. The proposed use is compatible with the surrounding uses within an existing retail development. 4. The proposed use of the site as an animal hospital is consistent with the land use designation shown on the Concept Development Plan for the Zoning Map Amendment (ZMAP 2003-0001) for the Dulles Trade Center IV. Attachment 2
WERDEN ANIMAL CLINIC SPECIAL EXCEPTION FOR ANIMAL HOSPITAL (SPEX-2018-0006) STATEMENT OF JUSTIFICATION MARCH 21, 2018 Introduction Werden Veterinary Services LLC of Sterling, VA (the Applicant ), seeks approval of a Special Exception ( SPEX ) to permit an Animal Hospital within an existing building located on a fully graded and developed parcel of land identified in the Loudoun County Land Records as MCPI: 124-40-2393 (the Property ). The Property which is the subject of the application is owned by Daata 606 Retail LLC (the Owner ). The Property is zoned PD-CC-CC and, pursuant to 4-204(B)(11) of the Revised 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ), permits Animal Hospital as a use by Special Exception. The subject Property is governed by the Proffer Statement, dated April 8, 2004, Letter of Clarification dated May 4, 2004, and Conditions of Approval dated May 4, 2004 approved with ZMAP-2003-0001 and SPEX-2003-0026, Dulles Trade Center IV Land Bay 2 ( Dulles Market Square ) see Attachment 1. As depicted on Sheet 3 of the Werden Animal Clinic Special Exception for Animal Hospital plan set, prepared by Bowman Consulting, dated March 21, 2018 (the SPEX Plat ), the area of the proposed SPEX is located within an existing multi-tenant building on the Property. The proposed Property is located west/northwest of Old Ox Road (Route 606), south of Overland Drive, and east of Pebble Run Place at 23520 Overland Drive, Sterling, VA in the Dulles Election District. VICINITY MAP Attachment 3
Werden Animal Clinic - Special Exception for Animal Hospital Statement of Justification March 21, 2018 Page 2 of 4 Proposal Pursuant to ZMAP-2003-0001 and SPEX-2003-0026, Dulles Market Square, includes up to 57,000 SF of business and employment supportive retail uses within two buildings adjacent to adjoining PD-GI districts and a 4,500 SF bank with drive-through facilities and a restaurant up to 4,000 SF with drive-through facilities. On May 4, 2004, ZMAP-2003-0001 and SPEX-2003-0026 was approved and the Property has since been developed with 57,000 SF of retail space, a 2,696 SF bank with drive-through facilities, and a 4,000 SF restaurant with drive-through facilities as depicted on SPAM-2008-0091. The SPEX use is proposed to be located within a vacant suite at the existing 57,000 SF multitenant retail building located at 23520 Overland Drive, Sterling, VA see Attachment 2. As depicted on Sheet 3 of the SPEX Plat, the area of the proposed SPEX is ±3,320 SF. The proposed Animal Hospital will not offer dog/pet daycare and/or animal boarding: boarding of animals at the proposed animal hospital will be limited to that incidental to the hospital use. Issues for Consideration In considering a special exception application, the following factors outlined in 6-1309 of the Zoning Ordinance shall be given reasonable consideration. (1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. Subject to the approval of a SPEX by the County, 4-204(B)(11) of the Zoning Ordinance permits the location of an Animal Hospital in the PD-CC(CC) District. The Property is designated for Industrial Uses in the Revised General Plan (RGP). Areas planned for industrial uses are envisioned to provide accessory and supportive retail uses within an industrial development (RGP, Ch. 6, Industrial Uses, Policy 8). Retail Policy guidance is provided in the Countywide Retail Plan. The proposed use would be located near a residential neighborhood and is compatible with the surrounding industrial and retail uses (CPAM-1996-0001 Countywide Retail Policy Plan Amendment, Types of Retail Matrix, Page 17). The proposed SPEX use of an Animal Hospital is in conformance with the policies of the Comprehensive Plan. (2) Whether the level and impact of any noise, light, glare, odor or other emissions generated by the proposed use will negatively impact surrounding uses. Pursuant to the approved site plan for Dulles Trade Center IV Land Bay 2 (STPL-2004-0072) and subsequent site plan revisions and amendments (STPR-2007-2011 and SPAM-2008-0091
Werden Animal Clinic - Special Exception for Animal Hospital Statement of Justification March 21, 2018 Page 3 of 4 respectively), the Property was designed in accordance with the approved Proffers, Letter of Clarification, and Conditions of Approval for ZMAP 2003-0001 and SPEX-2003-0026 and all applicable County regulations governing light, glare, etc. In an effort to minimize noise and odors associated with the proposed SPEX Use, the Applicant will agree to the following conditions of approval: (a) Soundproofing and adequate ventilation shall be provided that provides sufficient noise attenuation such that animals cannot be heard on the other side of a common wall between the SPEX use and any other use located within any building in which the SPEX is located; (b) The SPEX use shall comply with all applicable federal, state, and local regulations regarding animal care and treatment, animal facilities and animal disposal, including without limitation the proper disposal of deceased animals. Deceased animals shall be disposed of off-site and removed from the site by a qualified removal service, and on-site handling shall comply with all of the applicable requirements of the Health Department and all other Loudoun County and State regulations; and (c) No outdoor areas or activities for animals, including without limitation the exercise or training of animals, outside runs, or play areas, shall be permitted on the SPEX portion of the Property (3) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. Animal Hospital is included in the Special Exception use list for the PD-CC(CC) district and is, therefore, deemed appropriate for integration into a commercial retail center when said use adequately mitigates impacts associated with the use. As indicated above, the SPEX use is proposed to be located in an existing building approved to be developed in Dulles Market Square (formerly Dulles Trade Center IV Land Bay 2). All infrastructure required to support the SPEX use is already in place. The existing shopping center also abuts industrial uses and warehouses that would generally be more intensive uses than the proposed animal hospital use. (4) Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality including groundwater), air quality, topographic, scenic, archaeological or historic features, and agricultural and forestal lands. The Property is a developed site. Accordingly, impacts to the environmental and natural features were previously evaluated and addressed with ZMAP-2003-0001, SPEX-2003-0026, STPL- 2004-0072, STPR-2007-0011, and SPAM-2008-0091. No new impacts will be generated by the propose Animal Hospital SPEX. Though the proposed SPEX use is located in the LDN 60 noise contour, the condition to provide proper noise attenuation mitigates any negative noise impacts from airplane noise. (5) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public.
Werden Animal Clinic - Special Exception for Animal Hospital Statement of Justification March 21, 2018 Page 4 of 4 Animal Hospital is a complementary service supported by the RGP, the Countywide Retail Plan, and the intent of the PD-CC(CC) District. The small single-family residential development to the north may provide potential clients for the use. (6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. All public utilities, roadways and pedestrian facilities are in place to serve the proposed SPEX use. Sheet 2 of the SPEX Plat depict the existing conditions and existing facilities. The SPEX use will have access to and be served by the adjacent public streets and the existing on-site vehicular circulation and parking lot. As discussed in the enclosed Trip Generation Memorandum prepared by Gorove/Slade, dated March 8, 2018, the proposed use with generate approximately 14 weekday AM peak hour trips, 16 trips during weekday PM peak hour and 160 total weekday trips approximately 132 less AM peak hour trips, approximately 71 less PM peak hour trips and approximately 2,218 less daily trips compared to the approved use. (Emphasis Added) Conclusion The proposed SPEX for an Animal Hospital is in conformance with the policies of the RGP and the requirements of the PD-CC(CC) zoning district of the Zoning Ordinance. The proposed SPEX use will occupy a suite within an existing building in the Dulles Market Square (formerly Dulles Trade Center IV Land Bay 2) and will provide veterinary services for nearby residential and non-residential communities. Accordingly, the Applicant hereby requests a recommendation of approval of the SPEX use from staff and the Planning Commission and approval of said application by the Board of Supervisors.
Attachment 1 Loudoun County, Virginia www.loudoun.gov County Administration 1 Harrison Street, S.E., 5th Floor, P.O. Box 7000, Leesburg, VA 20177-7000 Telephone (703) 777-0200 Fax (703) 777-0325 At a meeting of the Board of Supervisors of Loudoun County, Virginia, held in the County Government Center, Board of Supervisors' Meeting Room, 1 Harrison St., S.E., Leesburg, Virginia, on Tuesday, May 4, 2004 at 9:30 a.m. PRESENT: ABSENT: Scott K. York, Chairman James G. Burton James E. Clem Eugene A. Delgaudio Sally Kurtz Stephen J. Snow Mick Staton Jr. Bruce E. Tulloch, Vice Chairman Lori L. Waters IN RE: LAND USE COMMITTEE REPORT/ ZMAP 2003-0001 AND SPEX 2003-0026/ DULLES TRADE CENTER IV Mr. Snow moved that the Board of Supervisors approve ZMAP 2003-0001 and SPEX 2003-0026, Dulles Trade Center IV, and the requested Zoning Ordinance modification based on the attached findings and subject to the proffers dated April 8, 2004, the Letter of Clarification and the Conditions of Approval both dated May 4, 2004. Seconded by Mr. Staton. Voting on the Motion: Supervisors Burton, Clem, Delgaudio, Kurtz, Snow, Staton, and York - Yes; None No; Supervisors Tulloch and Waters Absent for the Vote. COPY TESTE: DEPUTY CLERK FOR THE LOUDOUN COUNTY BOARD OF SUPERVISORS C:\my documents\resolutions\2004 resolutions\05-04-04 bos resolution m-dulles trade center
Attachment 1 DULLES TRADE CENTER IV ZMAP 2003-0001 PROFFER STATEMENT April 8, 2004 PREAMBLE Dulles Trade Center I, L.P., as the owner of property described as Loudoun County Tax Map 93, Parcel 20C, together with RBT Realty, L.L.C., as the owner of property described as Loudoun County Tax Map 93, Parcel 19, (collectively, the Applicant ) hereby voluntarily proffer, pursuant to Section 15.2-2303, Code of Virginia (1950), as amended, and Sections 6-1200 and 6-1500, inclusive, of the Revised 1993 Zoning Ordinance of Loudoun County, Virginia (the Zoning Ordinance ), that in the event the area of the referenced properties identified as the Area to be Rezoned (the Property ) on Sheet 2 of the 8 sheet Rezoning and Special Exception Application plans (the Plans ), prepared by Post, Buckley, Schuh & Jernigan, Inc., dated September 2003 and revised through March 26, 2004, which is incorporated herein by reference as Exhibit A, is rezoned by the Board of Supervisors of Loudoun County, Virginia (hereinafter referred to as the County ), to the Planned Development Commercial Center - Community Center District (PD-CC-CC) zoning district, with the zoning ordinance modification for the proposed PD-CC(CC) district attached hereto in Exhibit B, the development of the Property will be in substantial conformity with the following terms and conditions. Said terms and conditions herein supersede all previous proffers and letters of clarification made with respect to the Property. I. DEVELOPMENT PLANS The Property shall be developed in substantial conformance with Sheets 1 and 5 of the Plans. Minor adjustments to the locations and sizes of the proposed uses, roads, facilities and improvements shown on the Plans shall be permitted to address grading, drainage, environmental, cultural and natural features, development ordinance requirements, and other final engineering considerations, and to accommodate the relevant recommendations of any required archeological studies. The development of the special exception uses shown on Sheet 5 1
of the Plans, and shown in greater detail on Sheets 6 and 7, is contingent on the approval of SPEX 2003-0026 for such uses. Attachment 1 II. PROPOSED LAND USES A. PD-CC(CC) Land Bays 1. Land Bay 1 shall be developed with a food store of up to 5,000 gross square feet, and either (i) retail and other permitted uses of up to 25,000 gross square feet or (ii) a restaurant use of up to 9,000 gross square feet, as shown on Sheet 5. Subject to special exception approval, Land Bay 1 may also include (i) up to 16 gas pumps and a car wash of up to 2,000 gross square feet (collectively, the Automobile Service Station use) and (ii) a restaurant use of up to 3,500 gross square feet with drive-through facilities. It is the Applicant s intent that the 5,000 sq.ft. by-right food store, the gas pumps and the car wash are to be developed as a single combined business. 2. Land Bay 2 shall be developed with up to 57,000 gross square feet of retail and other permitted uses. Subject to special exception approval, Land Bay 2 may also include a restaurant of up to 4,000 gross square feet with drive-through facilities and a bank/financial institution of up to 4,500 gross square feet with drive-through facilities. Up to 4 drive-through lanes may be provided for the bank. 3. In the event the special exceptions for the drive-through facilities are not approved, the Applicant shall develop by-right restaurant and bank uses in the same locations. 4. The proposed 22,000 square-foot and 35,000 square-foot buildings in Land Bay 2 may be connected by covering the pedestrian and service area between the buildings, and maintaining the pedestrian connectivity provided by the sidewalk between the two proposed buildings as shown on Sheet 5. 2
Attachment 1 III. RETAIL CENTER DESIGN ELEMENTS A. Architecture The architecture of all buildings will be designed to be complementary with respect to building materials, façade materials, colors and rooflines (for example, the Applicant s submitted Architectural Illustrative, prepared by Post, Buckley, Schuh & Jernigan and dated September 2003, is a complementary mix of building materials, façade materials, colors and rooflines. This Illustrative is incorporated herein by reference as Exhibit C). The special exception uses, if approved, shall be allowed to include additional building design elements which are trademark features for a specific franchise, while adhering to the complementary architectural standard referenced above. B. Landscaping Plantings within the retail center shall be primarily native species as allowed and/or recommended by the Facilities Standards Manual and the Zoning Ordinance. The Applicant shall provide a 20-foot buffer to include Type 4 side yard buffer plantings, but no structure, within the proposed PD-CC(CC) district next to the Property s northern property line. The evergreen trees required for this type of buffer (6 evergreen trees per 100 linear feet) shall be located on the outer edge of the buffer, as shown on Sheet 5 of the Plans, and in greater detail on Sheet 7. C. Signage All entrance and directional signage within the retail center shall be coordinated as to lettering style and colors. Individual tenant signage shall also be coordinated with allowances made to accommodate franchise trademark signs. D. Lighting All parking lot lighting within the retail center shall be designed with cut-off and fully shielded lighting fixtures so that light will be directed inward and downward to prevent glare on Route 606 and adjacent properties. There shall be a maximum average illumination of 2 footcandles for the parking lots. There shall be a maximum average illumination of 5 foot-candles for lighting on the exterior of buildings and security lighting. Exterior lighting on buildings and 3
Attachment 1 the gas pump canopy also shall be designed to minimize impacts on the night sky. Except for lighting needed for security or maintenance, exterior lighting shall be extinguished when a use is not open for business. E. Pedestrian Walkways The Applicant shall provide pedestrian walkways and crossings within the retail center as shown on Sheet 5 of the Plans, and in greater detail on Sheets 6 and 7. F. Low-Impact Design and Storm Water Management 1. The Applicant shall, subject to the review and approval of the County, provide Low Impact Design (LID) devices in appropriate locations within the open space areas within the Property to treat storm water runoff from an impervious-surface area of at least one acre as a means of addressing some of the Property s water quality requirements. 2. Any storm water that is not managed through the provision of the LID devices shall be managed through facilities on adjacent Land Bay 4 or, subject to approval by the owner of the adjacent property, on the adjacent Toll VA IV, L.P. property, as shown on Sheet 5 of the Plans. G. Potential Tree Retention Areas The Applicant shall design its plans for development to minimize the impact on the Potential Tree Retention Areas, as identified on Sheet 5. To the extent that any trees within these areas are removed to accommodate site grading, drainage and/or utilities, the Applicant shall mitigate such loss through the planting of appropriate native species canopy trees of 2 caliper at a rate of 2 trees per each tree of 8 caliper or greater removed. Said plantings shall be done within or in close proximity to the Potential Tree Retention Areas and shall be coordinated with the County s Urban Forester at the time of site plan review. IV. TRANSPORTATION A. Route 606 1. Right-of-Way Dedication. The Applicant shall dedicate 80 feet from the existing centerline of Route 606 as shown on the Plans, along with all necessary construction and 4
Attachment 1 maintenance easements outside of the right-of-way, to accommodate the ultimate 6-lane divided roadway recommended in the Revised Countywide Transportation Plan. This right-of-way and all related easements shall be dedicated in conjunction with the first record plat or site plan approved for the Property, whichever occurs first. 2. Road Improvements. The Applicant shall construct the equivalent of 2 additional lanes on the Property s Route 606 frontage in accordance with applicable design parameters to facilitate the transition to a 4-lane divided roadway with turn lanes. These improvements shall be bonded for construction in conjunction with the first record plat or site plan approved for the Property, whichever occurs first. B. Overland Drive 1. Right-of-Way Dedication. The Applicant shall dedicate 70 feet of rightof-way through the Property as shown on the Plans, with all necessary construction and maintenance easements outside of the right-of-way, to accommodate a 4-lane undivided roadway. This right-of-way and all related easements shall be dedicated in conjunction with the first record plat or site plan approved for the Property, whichever occurs first. 2. Road Improvements. The Applicant shall construct a 4-lane undivided Overland Drive between Route 606 and the existing terminus of Overland Drive in Dulles Trade Center II. These improvements shall be bonded for construction in conjunction with the first record plat or site plan approved for the Property, whichever occurs first. C. Signalization 1. The Applicant shall fund the warrant analysis, design and installation of a traffic signal at the three-way intersection of Route 606 and Overland Drive, as shown on Sheet 5 of the Plans. The Applicant shall submit a traffic signal warrant analysis, which shall include current traffic counts by movement and the projected traffic for a period of three years, to the County and/or VDOT prior to the approval of the first site plan or record plat for the Property. The Applicant shall commence the design and installation of the traffic signal upon VDOT s approval of the warrant analysis. 5
Attachment 1 2. In the event VDOT does not approve the traffic signal based on the warrant analysis referenced in paragraph 1 above, the Applicant shall post a bond for the signal in conjunction with the first site plan approval for the Property. 3. In the event the warrants for this signal still have not been met at the time of issuance of the zoning permit for a cumulative total of 60,000 square feet of floor area on the Property, the Applicant shall contribute to the County the funds needed for the signal at Overland Drive. D. Advance Right-of-Way Dedication In the event that Loudoun County, VDOT or others desire to construct the Route 606 and/or Overland Drive improvements proffered herein prior to the Applicant s construction schedule, the Applicant shall dedicate the rights-of-way for such roads, provided that the improvements to be constructed are in substantial conformance with Sheet 5 of the Plans. E. Construction of Improvements by Others In the event that any improvements listed in IV.A. above are constructed and paid for by others, the Applicant shall contribute to the County an amount equivalent to the verified actual cost of the improvements, as substantiated by paid invoices. Such contribution shall be paid to the County at the time the Applicant s obligation to construct such road improvements would occur under the terms of these proffers. F. Regional Transportation/Transit Contribution The Applicant shall contribute $10,000 to the County for regional transportation and/or transit improvements, including bus shelters and corridor signage programs, for the Route 606 corridor within 1 mile of the Property. This contribution shall be paid to the County prior to the issuance of the first zoning permit on the Property. G. Route 606 Multi-Purpose Trail 1. In conjunction with the initial site plan or record plat approval for the Property, whichever occurs first, the Applicant shall reserve for future dedication a 14-foot wide public access easement along the Property s Route 606 frontage for a future multi-purpose trail. 6
Attachment 1 2. Within 120 days of the construction of a Route 606 multi-purpose trail on an adjoining property, the Applicant shall submit to the County an easement plat and construction plans for a multi-purpose trail on the Property, and shall complete the construction of said trail within 6 months of the approval of all requisite plats, construction plans and bonds. 3. Should Dulles Trade Center IV, L.P., Buchanan Dulles Trade Center IV, L.L.C., and/or other entities controlled by Buchanan Companies, sell more than 50% ownership interest in the Property, the Applicant shall establish a commercial owners association for the Property and shall assign the responsibility for the trail construction, as stated in paragraph 2 above, to said association. The Applicant shall notify, in writing, the County and the County Attorney s Office of said assignment. V. HERITAGE RESOURCES Prior to the approval of any site plan or subdivision plan for the Property that includes the area identified as Site 44LD ("Site 1") on Sheet 2 of the Plans, the Applicant shall have prepared a Phase II archeological investigation to determine whether said site is eligible for nomination to the National Register of Historic Places. The Applicant shall adhere to the recommendations of the Phase II report and shall submit a copy of the Phase II report to the County along with any such subdivision or site plan application. VI. EMERGENCY SERVICES A. Fire and Rescue Contribution At the time of the issuance of each zoning permit for commercial uses, a one-time contribution of $0.10 per gross square foot of non-residential floor area shall be paid to the County for distribution by the County to the primary volunteer fire and rescue companies providing service to the Property. Said contribution shall escalate on a yearly basis from the base year of 1988, based on the Consumer Price Index ( CPI ). Contributions pursuant to this paragraph shall be divided equally between the primary servicing fire and rescue companies providing service to the Property. Notwithstanding the foregoing, at such time as the primary fire and/or rescue service to the Property is no longer provided by an incorporated volunteer company, the obligation to make the contributions listed within this paragraph shall cease. However, if only one of these services ceases to be provided by a volunteer company, then the 7
Attachment 1 contribution shall be halved and shall continue to be provided to the remaining volunteer company. B. Sprinkler Systems Provided that the public water system is capable of delivering the requisite service pressures to support sprinkler systems, all commercial buildings shall include sprinkler systems if required by the applicable County building codes. VII. ESCALATOR Unless otherwise specified, all cash contributions listed in these proffers shall be subject to an annual escalator based on the CPI with a base year of 2004. This escalator shall take effect on January 1, 2005 and change effective each January 1 st thereafter. 8
Attachment 1 The undersigned hereby warrant that all owners with a legal interest in the Property have signed this Proffer Statement, 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. Owner and Applicant DULLES TRADE CENTER IV, L.P. a Virginia limited partnership BY: Buchanan/Dulles Trade Center IV, L.L.C. a Virginia corporation General Partner By: Name: Title: (SEAL) STATE OF ) COUNTY/CITY OF ) ) to-wit: The foregoing Proffer Statement was acknowledged before me this day of, 2004, by, as of Buchanan/Dulles Trade Center IV, L.L.C., the General Partner of Dulles Trade Center IV, L.P. My Commission Expires: Notary Public 9
Attachment 1 Owner R B T Realty, L.L.C. a Virginia corporation By: Name: Title: (SEAL) STATE OF ) COUNTY/CITY OF ) ) to-wit: The foregoing Proffer Statement was acknowledged before me this, 2004, by, as of R B T Realty, L.L.C. day of Notary Public My Commission Expires: 10
Attachment 1 EXHIBIT A REZONING AND SPECIAL EXCEPTION APPLICATION PLANS 11
Attachment 1 EXHIBIT B ZONING ORDINANCE MODIFICATION The following zoning ordinance modifications apply to the development of the Property: 1. Section 4-205(C)(2) is modified to allow all buildings, outdoor storage, areas for collection of refuse and loading areas to be located as close as 60 feet to the northern property line of Land Bay 1, and to allow all parking areas to be located as close as 40 feet to the northern property line of Land Bay 1. 12
Attachment 1 EXHIBIT C ARCHITECTURAL ILLUSTRATIVE 184103 v14/re 3ylzl4!.DOC 13
Attachment 1 May 4, 2004 BY HAND DELIVERY Scott K. York, Chairman Loudoun County Board of Supervisors 1 Harrison St., S.E., 5 th Floor Leesburg, Virginia 20177-7000 Re: ZMAP 2003-0001, Dulles Trade Center IV Letter of Clarification regarding Proffer Statement dated April 8, 2004 Dear Chairman York: This letter serves to clarify the signed Proffer Statement for ZMAP 2003-0001, Dulles Trade Center IV, dated April 8, 2004 (the Proffers ), with respect to matters raised at the Board of Supervisors public hearing on April 13, 2004, and subsequently discussed at the Land Use Committee meeting on April 21, 2004. This letter also clarifies that all of the subject property is now owned by one entity, Dulles Trade Center IV, L.P. The clarified proffer sections are presented below. All other proffer sections contained in the Proffers shall remain as set forth therein. The Applicant hereby makes the following clarifications to the Proffers: 1. Preamble. Revise this paragraph to read as follows: Dulles Trade Center IV, L.P., as the owner of property described as Loudoun County Tax Map 93, Parcels 19 and 20C, (the Applicant ) hereby voluntarily proffers, pursuant to Section 15.2-2303, Code of Virginia (1950), as amended, and Sections 6-1200 and 6-1500, inclusive, of the Revised 1993 Zoning Ordinance of Loudoun County, Virginia (the Zoning Ordinance ), that in the event the area of the referenced properties identified as the Area to be Rezoned (the Property ) on Sheet 2 of the 8 sheet Rezoning and Special Exception Application plans (the Plans ), prepared by Post, Buckley, Schuh & Jernigan, Inc., dated September 2003 and revised through March 26, 2004, which is incorporated herein by reference as Exhibit A, is rezoned by the Board of Supervisors of Loudoun County, Virginia (hereinafter referred to as the County ), to the Planned Development Commercial Center Community Center District (PD-CC-CC) zoning district, with the zoning ordinance modification for the proposed PD-CC(CC) district attached hereto in Exhibit B, the development of the Property will be in substantial conformity with the following terms and conditions. Said terms and conditions herein supersede all previous proffers and letters of clarification made with respect to the Property. 1 9055 Comprint Court, Suite 200 Gaithersburg, Maryland 20877 P: 301.417.0510 F: 301.417.1594 www.buchananpartners.com
Attachment 1 2. Proffer III. Retail Center Design Elements. Revise paragraph C to read as follows: C. Signage 1. Comprehensive Sign Standards. All entrance, directional and tenant signage within the retail center shall be coordinated as to lettering, style, colors, size and locational criteria, with allowances made to accommodate franchise trademark signs. The Applicant shall create comprehensive sign standards addressing each of these factors and governing all signage on the Property as part of its Commercial Owner s Association. These comprehensive sign standards shall be completed prior to the issuance of the first occupancy permit. All exterior signage shall be made subject to the Commercial Owner s Association review and approval. 2. Free-Standing Sign Limitations. The Applicant shall limit the number of polemounted, free-standing signs on the Property to two. If permitted to do so by the County, the Applicant will use masonry, brick or metal piers or rectangular pillars, rather than poles, as supports for said signs to achieve a maximum sign height of 15 feet. All other permitted freestanding signs shall be ground-mounted. 3. Restrictions on Signage along 606. The Applicant shall limit signs within the 20 landscaping buffer along Route 606 to permitted entrance signage only (that is, at its entrance of Overland Drive & Route 606). No individual tenant signs shall be allowed within the 20 buffer along 606. The Applicant reserves the right to place any additional, permitted entrance signage at its entrances off of Overland Drive. 4. Reservation of Right to Pursue a CSP. In lieu of these standards, procedures and restrictions, the Applicant reserves the right to file a Comprehensive Sign Plan, which would be subject to County review and approval. 3. Proffer III. Retail Center Design Elements. Add a new paragraph H to read as follows: H. Oil/Water Separator The Applicant shall provide an oil/water separator to collect drainage from the fueling island apron of the gas pumps/station and to remove petrochemical contaminants from storm water runoff. 2
Attachment 1 The undersigned hereby warrant that all owners with a legal interest in the Property have signed this Clarification to the Proffers, that they have full authority to bind the Property to these conditions, and that, the Proffers and this Letter of Clarification are entered into voluntarily. Owner and Applicant DULLES TRADE CENTER IV, L.P. a Virginia limited partnership BY: Buchanan Dulles Trade Center IV, L.L.C. a Virginia corporation General Partner By: (SEAL) Name: Title: STATE OF ) COUNTY/CITY OF ) ) to-wit: The foregoing Proffer Statement was acknowledged before me this 4th day of May, 2004, by,as of Buchanan/Dulles Trade Center IV, L.L.C., the General Partner of Dulles Trade Center IV, L.P. My Commission Expires: Notary Public 202411 v9/re 4c6j09!.DOC 3
Attachment 1 County of Loudoun Department of Planning MEMORANDUM #8.D. Supplemental Information DATE: May 4, 2004 TO: FROM: SUBJECT: The Loudoun County Board of Supervisors John Merrithew, Department of Planning Land Use Committee Report/ ZMAP 2003-0001, SPEX 2003-0026, Dulles Trade Center IV Supplemental Information The applicant has submitted a revised Letter of Clarification dated May 4, 2004 limiting the number of pole signs to two and proposing alternative materials. Staff has also modified the Conditions of Approval to remove Condition 3, regarding ground mounted signs. The issue of the number of pole signs and the location of ground mounted signs is addressed in the applicant s proffers. Condition 3 is no longer necessary. DRAFT MOTIONS: 1. I move that the Board of Supervisors approve ZMAP 2003-0001 and SPEX 2003-0026, Dulles Trade Center IV, and the requested Zoning Ordinance modification based on the attached findings and subject to the proffers dated April 8, 2004, the Letter of Clarification and the Conditions of Approval both dated May 4, 2004. Or 2. I move that the Board of Supervisors deny ZMAP 2003-0001 and SPEX 2003-0026, Dulles Trade Center IV based on the following findings: ATTACHMENTS: 1. Conditions of Approval dated May 4 (Revised) 2. Draft Letter of Clarification dated May 4, 2004 (Revised) STAFF CONTACT: John Merrithew, Department of Planning, 0516
Attachment 1 Page 2 March 21, 2018 CONDITIONS OF APPROVAL May 4, 2004 1. The property shall be developed in substantial conformance with the Special Exception Plat (sheets 6&7) contained in ZMAP 2003-0001 and SPEX 2003-0036, Dulles Trade Center IV, dated September 2003 and revised through March 26, 2004, prepared by PBS&J, Inc. Approval of this application does not relieve the applicant of any Zoning Ordinance, Facilities Standards Manual, Codified Ordinance or any other County, State or Federal requirement. 2. The architecture of all the buildings will be designed to be complementary with respect to building materials, façade material, colors and rooflines. The special exception uses shall be allowed to include additional building design elements, which are trademark features for a specific franchise, while adhering to the objective of complementary architecture. 3. Freestanding signs permitted with each special exception use shall be ground-mounted. 4. 3. The gas pump canopy shall have a clearance of 14-25 feet. 5. 4. The drive-through bank shall have no more than four drive-through lanes.
ATTACHMENT 2 BUILDING FAÇADE AND PARKING
Attachment 2 Building Façade and Parking
Attachment 2 Building Façade and Parking
Attachment 4
COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM DATE: July 17, 2018 TO: FROM: CC: APPLICATION NAME: CASE NUMBER: MCPI/TAX MAP: Steve Barney, Project Manager Mark A. Depo, Senior Planner Chris Mohn, Deputy Zoning Administrator WERDEN ANIMAL HOSPITAL (2 nd Submission) SPEX-2018-0006 124-40-2393 /93//16CM//U6/ (Property) Zoning Administration has reviewed the provided 2 nd Submission Special Exception Plat prepared by Bowman Consulting, dated March 21, 2018 and the Statement of Justification dated March 21, 2018. GENERAL COMMENTS 1. Compliance with Zoning Ordinance regulations, such as but not limited to parking and loading (ZO Section 5-1100), landscaping and buffering (ZO Section 5-1300 and 5-1400), and performance standards (ZO Section 5-1500) shall be determined and met during the site plan stage. Approval of the proposed SPEX-2018-0006 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. 2. Depict and denote the limits of the special exception. As the Property has no direct access to a public right-of-way, the limits of the special exception must extend across the adjacent property PIN 124-40-2789. 3. Remove Note 10, as buffer yards will be determined at site plan stage. Be advised, pursuant to Zoning Ordinance Section 5-1414, Buffer Yard and Screening Matrix, the proposed animal hospital may create additional perimeter buffering requirements as it relates to adjacent land uses. Attachment 4.1
COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM DATE: May 18, 2018 TO: FROM: CC: Steve Barney, Project Manager Mark A. Depo, Senior Planner Chris Mohn, Deputy Zoning Administrator CASE NUMBER/NAME: SPEX-2018-0006, Werden Animal Hospital MCPI/TAX MAP: 124-40-2393 /93//16CM//U6/ (Property) The Property, referenced above, is zoned Planned Development-Commercial Center (Community Center) PD-CC(CC) under the Revised 1993 Loudoun County Zoning Ordinance (Zoning Ordinance). The Property is located outside of but within one (1) mile of the Ldn 60 aircraft noise contour of the Airport Impact (AI) Overlay District for Dulles Airport and is subject to Zoning Ordinance Section 4-1400. The Property is subject to Zoning Map Amendment ZMAP-2003-0001, Dulles Trade Center IV, approved on May 4, 2004 and associated proffers; Special Exception SPEX-2003-0026, Dulles Trade Center IV, approved on May 4, 2004 and associated conditions of approval; Site Plan STPL-2004-0072, Dulles Trade Center IV, was approved March 30, 2005, for 99,000 square feet of commercial/retail development; and Site Plan Amendment, SPAM2008-0091, Dulles Trade Center IV, approved on December 12, 2008 to incorporate necessary revisions for anew day care facility. Pursuant to Zoning Ordinance Section 4-204(B)(11) Animal hospital is a special exception use in the PD-CC(CC) district. Zoning Administration has reviewed the provided Special Exception Plat prepared by Bowman Consulting, dated March 21, 2018 and the Statement of Justification dated March 21, 2018. GENERAL COMMENTS 1. Compliance with Zoning Ordinance regulations, such as but not limited to parking and loading (ZO Section 5-1100), landscaping and buffering (ZO Section 5-1300 and 5-1400), and performance standards (ZO Section 5-1500) shall be determined and met during the site plan stage. Approval of the proposed SPEX-2018-0006 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. Attachment 4.2
SPEX-2018-0006, Werden Animal Hospital May 18, 2018 Page 2 2. As defined in Zoning Ordinance Article 8, Definitions, an Animal Hospital is A place for the medical care of animals. The boarding of animals at an animal hospital is limited to that incidental to the hospital use. [Emphasis Added] 3. Pursuant to Zoning Ordinance Section 5-1414, Buffer Yard and Screening Matrix, the proposed animal hospital may create additional perimeter buffering requirements as it relates to adjacent land uses. SPECIAL EXCEPTION STANDARDS Issues for Consideration. In considering a minor special exception or special exception application, the following factors shall be given reasonable consideration. The applicant shall address all the following in its statement of justification and plat unless not applicable, in addition to any other standards imposed by this Ordinance. [ 6-1309] Issues For Consideration (1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. (2) Whether the level and impact of any noise, light, glare, odor or other emissions generated by the proposed use will negatively impact surrounding uses. (3) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. (4) Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural Zoning Staff Comments The application is proposing an Animal Hospital which is a SPEX use in the PD- CC(CC) district. Zoning Administration defers to Community Planning for appropriateness of the use as it relates to the Comprehensive Plan. Compliance with Zoning Ordinance regulations shall be determined and met during the site plan stage. Approval of SPMI-2018-0005 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. Per the Statement of Justification (SOJ), the Applicant is proposing three conditions of approval to mitigate noise and odor associated with the proposed SPEX use. The 3 rd condition makes a comment that no outdoor areas and activities shall be permitted on the SPEX portion of the Property. This statement could be misinterpreted and Zoning Admin recommends that the condition end by simply stating shall be permitted. If the proposed Animal Hospital is approved, such approval should include the Applicant s three self-imposed conditions, as referenced and amended above. As all activity is proposed to be indoors within a developed retail strip center, Zoning Administration has no comments at this time. There are no environmentally sensitive areas, archaeological features, or historic features onsite. As all activity is proposed to be indoors
SPEX-2018-0006, Werden Animal Hospital May 18, 2018 Page 3 features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality including groundwater), air quality, topographic, scenic, archaeological or historic features, and agricultural and forestal lands. (5) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public. (6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. within a developed retail strip center, Zoning Administration has no comments at this time defers to Building and Development and the Natural Resources Team regarding impacts Zoning Administration has no comments at this time. Zoning Administration defers to Loudoun Water regarding adequately by public utilities and services and Department of Transportation and Capital Infrastructure regarding adequacy of roads and other transportation services. In approving a special exception or minor special exception, including any requested temporary special events, the Board of Supervisors may impose such conditions, safeguards and restrictions upon the premises benefited by the special exception or minor special exception as may be necessary to avoid, minimize or mitigate any potentially adverse or injurious effect of such special exception or minor special exception upon other property in the neighborhood, to address the issues for consideration listed in 6-1309, and to carry out the general purpose and intent of this Ordinance. Conditions and restrictions may include, but are not limited to, those related to fencing, planting or other landscaping, additional setbacks from property lines, location and arrangement of lighting, setting of reasonable time limitations, size, height and location of signs, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The Board may require a guarantee or bond to ensure that conditions imposed will be complied with. All conditions of approval shall be set out in the documentation approving the special exception or minor special exception permit.
County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: June 11, 2018 TO: FROM: Steve Barney, Project Manager Department of Planning and Zoning Sarah Kleckner, Transportation Planner DTCI, Transportation Planning & Operations Division SUBJECT: SPEX 2018-0006 Werden Animal Clinic First Referral Background This Special Exception (SPEX) application proposes to allow a 3,320 square-foot animal hospital pursuant to Section 4-204 (B)(11) of the Revised 1993 Zoning Ordinance in the Planned Development Commercial Center Community Center (PD-CC-CC) zoning district. The proposed use will occur in a vacant unit within an existing multi-tenant building that is proposed to be retained with this application. The subject property is located near the southwest quadrant of the intersection of Old Ox Road (VA Route 606) and Overland Drive (VA Route 2962) at 23520 Overland Drive (PIN # 124-40-2393), and is within the Suburban Policy Area, Dulles Community. The property is also subject to the regulations and policies of the Airport Impact (AI) Overlay District. The property is located within the Dulles Trade Center II development and is governed by the Proffer Statement, dated April 8, 2004, Letter of Clarification dated May 4, 2004, and Conditions of Approval dated May 4, 2004, approved with ZMAP 2003-0001 and SPEX 2003-0026, Dulles Trade Center IV Land Bay 2 ( Dulles Market Square ). The commercial center is currently active and has an existing site access via one full movement entrance from Overland Drive. No changes in access to the public road network are proposed with this application. A vicinity map is provided as Attachment 1. Department of Transportation and Capital Infrastructure (DTCI) review of this application is based on materials received from the Department of Planning and Zoning on April 23, 2018, including (1) an Information Sheet, dated April 20, 2018; (2) a Statement of Justification prepared by the Applicant, dated March 21, 2018; (3) County F.S.M. Traffic Study Checklist Acceptance Form, dated March 27, 2018; (4) a Trip Generation Memorandum, prepared by Gorove/Slade, dated March 8, 2018; and (5) a SPEX plat (plan set) prepared by Bowman Consulting, dated March 21, 2018. Executive Summary DTCI can support approval of this application as proposed with this submission. Staff is available to meet with the Applicant to discuss the comments noted in this referral. Attachment 4.3
SPEX 2018-0006 Werden Animal Clinic DTCI First Referral Comments June 11, 2018 Page 2 Countywide Transportation Plan Arterial and Collector Roadways The existing and planned transportation network is subject to the policies of the Countywide Transportation Plan (2010 CTP) and the Bicycle & Pedestrian Mobility Master Plan (2003 Bike & Ped Plan). Arterial and collector roadways in the vicinity of the proposed development are described below. Old Ox Road VA Route 606 VA Route 267 (Dulles Greenway) interchange south to VA Route 607 (Loudoun County Parkway) Existing Condition Ultimate Condition Functional Classification (CTP) Section/Lanes Bicycle and Pedestrian Facilities Speed Limit Major Collector Controlled access, median divided, urban collector. 2 Lanes with left- and right-turn lanes at intersections. 200 ROW / Varies None 55 mph Principal Arterial U6M Limited access, median divided, urban arterial. 6 Lanes / 200 feet ROW Two 10 wide Shared Use Path, one on each side, within ROW or over 14 wide public access easement. Shared use path on west side of road being constructed with Route 606 Widening Project VDOT Traffic Counts 26,000 AADT Notes As part of the Route 606 Widening Project, the road is being widened to a four-lane, median divided road, scheduled for completion late Summer 2018. Summary of Applicant s Traffic Memorandum DTCI s assessment of the Applicant s traffic analysis and transportation impacts deriving from the proposed development is based on review the Applicant s submission materials, existing and planned transportation facilities, and applicable County policies. The existing development on the site includes entrance from Overland Drive (VA Route 2962), parking, and commercial retail use buildings. The proposed Animal Hospital will occupy vacant tenant space within the existing building. Currently, the site is permitted for commercial retail use, which is the existing use, and is not proposed for redevelopment. The Applicant submitted a Trip Generation Memorandum dated March 8, 2018, which included a trip generation comparison for the proposed 3,220 square-foot Animal Hospital use with a similarly-sized Fast Food Restaurant without Drive Through. Based upon the existing development on the site, allowed development potential, and this proposal, the development would impact existing and potential site trip generation as follows:
SPEX 2018-0006 Werden Animal Clinic DTCI First Referral Comments June 11, 2018 Page 3 Table 1: Existing and Approved Trip Generation Comparisons for Werden Animal Hospital Development Program AM Peak Trips PM Peak Trips Weekday Total Trips Total Existing Trips 0 0 0 Total Proposed Trips With This Application (3,220 SF Animal Hospital) 14 16 160 Difference (Proposed minus Existing) 14 16 160 Total Approved Trips per ZMAP 2003-0001 & SPEX 2003-0026 (3,220 SF Fast Food Without Drive-Through) Total Proposed Trips With This Application (Animal Hospital) 146 87 2,378 14 16 160 Difference (Proposed minus Approved) -132-71 -2,218 Sources: DTCI Staff and Werden Animal Hospital Trip Generation Memorandum, Gorove/Slade Associates, March 8, 2018, Page 3. *For complete breakdown of trip generation, please consult the Applicant s Trip Generation Memorandum. As noted above, the proposed animal hospital use would generate significantly fewer peak hour and weekday daily trips than a by-right fast food restaurant. Based on the decrease in trip generation, the animal hospital use is anticipated to have minimal impact on the surrounding transportation network. Transportation Comments and Recommendations Based upon review of the Applicant s submission materials, DTCI has the following comments: Traffic Study 1. DTCI has reviewed the Applicant s Traffic (Trip Generation) Memorandum and finds it to be an acceptable evaluation of this development as proposed. DTCI notes that the proposed animal hospital use on the site will generate fewer peak hour and weekday daily trips than a comparatively scaled by-right use on this site. Roadway Network and Site Access 2. No improvements to the surrounding roadway network or changes to the existing site access are necessary as a result of the proposed animal hospital use. ATTACHMENT 1. Site Vicinity Map cc: Lou Mosurak, Senior Coordinator, DTCI
May 17, 2018 SITE SPEX 2018-0006 Werden Animal Clinic ATTACHMENT 1
Attachment 4.4
Attachment 4.5
Attachment 4.6
Attachment 4.7
DEPARTMENT OF BUILDING AND DEVELOPMENT COUNTY OF LOUDOUN MEMORANDUM DATE: May 21, 2018 TO: FROM: Steve Barney, Project Manager Anna Dougherty, Natural Resources Engineer THROUGH: Ryan Reed, Natural Resources Team Leader CC: SUBJECT: Kelly Williams, Community Planner Mark Depo, Zoning Planner Lou Mosurak, Transportation Planner SPEX-2018-0003 Werden Animal Clinic The Natural Resources Team (NRT) reviewed the Special Exception, received on March 23, 2018, on the cover sheet, and offers the following comments: Recommendations: Floodplain Team Comments: 1) Staff recommends that Note 7 on Sheet 1 be updated as outlined below to match the County Source of Floodplain note and to reference the correct FIRM panel that the property is located within. "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 51107C0380E, effective February 17, 2017. Attachment 4.8
Attachment 4.9
Loudoun County, Virginia Department of Fire, Rescue and Emergency Management 801 Sycolin Road, Suite 200 Leesburg, VA 20175 Phone 703-777-0333 Fax 703-771-5359 Memorandum To: Steve Barney, Project Manager From: Maria Figueroa Taylor, Fire-Rescue Planner Date: May 21, 2018 Subject: Werden Animal Clinic SPEX 2018-0006 Thank you for the opportunity to review the above captioned application. The Fire and Rescue Planning Staff has no comments. The Fire-Rescue GIS and Mapping coordinator offered the following information regarding estimated response times: PIN Arcola, Station 9 Travel Time 124-40-2393 4 minutes Travel times are determined using ESRI GIS network analyst along the county s street centerline with distance and speed limit being the criteria. Travel time is reported in minutes. For the approximate response time two minutes is added for turnout time. Approximate Response Time for Arcola, Station 9 6 minutes If you have any questions or need additional information, please contact me at 703-777-0333. c: project file Attachment 4.10
Loudoun County, Virginia Department of Fire and Rescue Fire Marshal s Office 23675 Belmont Ridge Road, Suite 150 Ashburn Virginia 20148 Phone 703-737-8600 Fax 703-737-8595 Memorandum DATE: May 21, 2018 TO: FROM: THRU: SUBJECT: Steve Barney, Project Manager, Engineering Division Kevin Federline, Inspector Linda Hale, Chief Fire Marshal SPEX-2018-0006 Werden Animal Clinic, First Submission The Loudoun County Fire Marshal s Office has no comments or objections to the special exemption request for the project SPEX-2018-0006 Werden Animal Clinic First Submission. If there are any changes to the plans include the Fire Marshal s Office in review to ensure fire code compliance. I. Requirements: From 2015 Loudoun County Facilities Standards Manual (FSM) and 2012 Loudoun County Fire Prevention Code (LCFPC) Web address for the International Code Council Virginia 2012 Statewide Fire Prevention Code - https://codes.iccsafe.org/public/document/toc/595/ 1. None. II. Concern: 1. None. III. Recommendations: 1. The Fire Marshal s Office requests a Knox Box be installed on the addressed side of the building. Contact Captain Crawford at Loudoun County Fire Station 605 Phone number 540-338-6001 for information on the Loudoun County Knox Box program. IV. Questions: 1. None. Information for requesting a modifications to the LCFPC: 1. 106.5 Modifications. The fire official may grant modifications to any provision of the SFPC upon application by the owner or the owner s agent provided the spirit and intent of the SFPC are observed and public health, welfare, and safety are assured. Note: The current editions of many nationally recognized model codes and standards are referenced by the SFPC. Future amendments to such codes and standards do not automatically become part of Teamwork * Integrity * Professionalism * Service Attachment 4.11
the SFPC; however, the fire official should consider such amendments in deciding whether a modification request should be granted. 2. 106.5.1 Supporting data. The fire official shall require that sufficient technical data be submitted to substantiate the proposed use of any alternative. If it is determined that the evidence presented is satisfactory proof of performance for the use intended, the fire official shall approve the use of such alternative subject to the requirements of this code. The fire official may require and consider a statement from a professional engineer, architect or other competent person as to the equivalency of the proposed modification. Pursuant to section 112.1 of the Fire Prevention Code: If you have concerns about the application of the Fire Prevention Code (FPC) or to request a modification to the provisions of the FPC pursuant to section 106.5, please contact Chief Fire Marshal Linda Hale at 703/737-8600. The owner of a structure, the owner s agent or any other person involved in the design, construction or maintenance of the structure may appeal a decision of the fire official concerning the application of FPC or the fire official s refusal to grant modification. Persons wishing to file an appeal shall submit a written request for appeal to the Board of Building Code Appeals (BBCA), within 14 calendar days of receipt of the decision being appealed. Person s wishing to file an appeal shall address it to Deputy Fire Marshal Jerome Swain at DutyFm@Loudoun.gov, or send by certified mail to the Loudoun Fire Marshal s Office at the above address. The appeal shall contain the name and address of the owner of the structure and the person appealing if not the owner. A copy of the written decision of the fire official shall be submitted along with the appeal. Failure to submit an appeal within the time limit established shall constitute acceptance of the fire official s decision.
April 24, 2018 MEMORANDUM TO: Steve Barney, MSC #62 Department of Planning and Zoning, Project Manager FROM: Joseph E. Lock MSC # 68 Rural Section Supervisor Division Of Environmental Health SUBJECT: SPEX-2018-0006, Werden Animal Clinic PIN 124-40-2393 The above referenced project meets the requirements of Section 1245.10 of the LSDO for: Yes No N/A a. Proposed Drainfield Sites X b. Proposed Wells _X The locations on the plat, dated March 21, 2018, by Bowman Consulting, are correct as shown: a. Existing Wells _X b. Existing Drainfields _X Health Department comments: Staff supports approval for the following reasons X _ Staff cannot recommend approval Staff recommends approval with the following reservations _ Items that are incorrect/deficient are listed on the attached page. Attachments Yes No X_ (Public Sewer and Water Required) If further information or clarification on the above project is required, please contact me at (703)771-5800. JEL/JAB/jel C:WerdenAnimalClinic.Referral cc: file Attachment 4.12
May 15, 2018 Mr. Steve Barney Department of Building and Development 1 Harrison Street, S.E. P. O. Box 7000 Leesburg, Virginia 20177-7000 Re: SPEX-2018-0006; Werden Animal Clinic Dear Mr. Barney: Loudoun Water has reviewed the referenced referral application and offers no objection to its approval. Service would be contingent upon the developer's compliance with the Authority's Statement of Policy; Rates, Rules and Regulations; and Design Standards. Should you have any questions, please do not hesitate to contact me. Sincerely, Julie Atwell Engineering Administrative Specialist Attachment 4.13
Attachment 5
Attachment 6 c Bowman Consulting Group, Ltd. www.bowmanconsulting.com Fax: (703) 443-2425 Phone: (703) 443-2400 Leesburg, Virginia 20175 101 South Street, S. E. Bowman Consulting Group, Ltd.
BLDG. S. I N. EXIST. BLDG. EXIST. 78A PD-GI PD-CC-CC ZONE: ZONE: 73B ZONE:PD-GI ZONE:PD-CC-CC 74B 74B 79A Bowman Consulting Group, Ltd. 101 South Street, S. E. Leesburg, Virginia 20175 Phone: (703) 443-2400 Fax: (703) 443-2425 www.bowmanconsulting.com c Bowman Consulting Group, Ltd. 78A S. I N. 78A 62B ZONE:PD-GI ZONE:PD-CC-CC ZONE:PD-CC-CC ZONE:AIRPT 74B 78A 79A ZONE:PD-GI 79A GRAPHIC SCALE ZONE:AIRPT ( IN FEET ) 1 inch = 60 ft.