DEPARTMENT OF PLANNING Date of Hearing: AND ZONING STAFF REPORT # 4 BOARD OF SUPERVISORS PUBLIC HEARING SUBJECT: ELECTION DISTRICT: ZRTD-2014-0003, 22675 Glenn Drive Broad Run CRITICAL ACTION DATE: September 29, 2015 STAFF CONTACTS: APPLICANT: M. Tyler Klein, AICP, Project Manager, Planning and Zoning John Merrithew, Acting Director, Planning and Zoning Michael C. Lindsay, Port Carbon, LLC PURPOSE: This application is for a zoning conversion in the Route 28 Tax District. The Applicant seeks to rezone approximately 6.87 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. Approval would allow the development of all principal and accessory uses permitted in the PD-IP zoning district at a maximum Floor Area Ratio (FAR) of 0.6 (or up to 1.0 FAR by special exception). RECOMMENDATIONS: At their January 20, 2015 Public Hearing, the Planning Commission voted 7-0-2 (Douglas and Klancher absent) to forward the application to the Board of Supervisors with a recommendation of approval based on the Findings for Approval listed on page 4 of this report. Staff recommends approval of the application subject to the Proffer Statement dated January 26, 2015 and based on the Findings for Approval in this Staff Report. The application is consistent with the policies of the Revised General Plan which supports conversion to the most recent Zoning Ordinance. CONTENTS OF THIS STAFF REPORT Section Page Section Page Section Page Motions 2 Outstanding Issues 7 Utilities/Public Safety 10 Application Information 3 Policy Analysis 8 Zoning Analysis 10 PC Review 4 Land Use 8 Attachments 10 Findings for Approval 4 Compatibility 8 Context 4 Environmental/Heritage 9 Proposal 7 Transportation 9
Page 2 The County Attorney s office has reviewed and approved the Proffer Statement in final form. SUGGESTED MOTIONS: 1. I move that the Board of Supervisors forward ZRTD-2014-0003, 22675 Glenn Drive, to the March 4, 2015, Board of Supervisors Business Meeting for action. OR 2a. I move that the Board of Supervisors suspend the rules. AND 2b. I move that the Board of Supervisors approve ZRTD-2014-0003, 22675 Glenn Drive, subject to the Proffer Statement dated January 26, 2015 and based on the Findings for Approval included in the, Board of Supervisors Public Hearing staff report. OR 3. I move an alternate motion.
I. APPLICATION INFORMATION APPLICANT Port Carbon, LLC Michael C. Lindsay, Manager 3410 King Street Alexandria, VA 22302-3015 703-931-3000 mlindsay@lindsaycars.com Page 3 REPRESENTATIVE Cooley, LLP Jeffery Nein, AICP 11951 Freedom Drive Reston, VA 20190 703-456-9103 jnein@cooley.com Urban, Ltd. Robert W. Brown, PE 4300-D Technology Court Chantilly, VA 20151 703-642-2306 bbrown@urban-ltd.com REQUEST Port Carbon, LLC, of Alexandria, Virginia, has submitted an application to rezone approximately 6.87 acres from the PD-IP (Planned Development-Industrial Park) zoning district under the 1972 Zoning Ordinance to the PD-IP (Planned Development-Industrial Park) 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 at a maximum Floor Area Ratio (FAR) of 0.6 (up to 1.0 by Special Exception). The property is located within the Route 28 Taxing District, and within the AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contour, and is also located partially within the FOD (Floodplain Overlay District). The subject property is approximately 6.87 acres in size and is located on the southwest side of Glenn Drive (Route 864), south of South Sterling Boulevard (Route 846), and east of Sully Road (Route 28), at 22675 Glenn Drive, Sterling, Virginia, in the Broad Run Election District. The property is more particularly described as Tax Map Number /81/F160C-2AL/ (PIN# 033-26-8136). 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. PARCELS/ACREAGE TAX MAP PIN ACREAGE /81/F160C2-AL/ 033-26-8136 6.870 ACCEPTANCE DATE September 29, 2014 ZONING ORDINANCE 1972 Zoning Ordinance POLICY AREA Suburban (Sterling Community) and Route 28 Corridor LOCATION East of Route 28, south of South Sterling Boulevard (846) and southwest of Glenn Drive (864) EXISTING ZONING PD-IP (Planned District-Industrial Park), FOD (Floodplain Overlay District), AI (Airport Impact Overlay District) PLANNED LAND USE Route 28 Business
Page 4 II. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission reviewed ZRTD-2014-0003, 22675 Glenn Drive, at their January 20, 2015 Public Hearing. The primary topic discussed at the hearing was substantial conformance of the application with Revised General Plan policies which support the conversion from the 1972 Zoning Ordinance to the Revised 1993 Zoning Ordinance. The Planning Commission voted 7-0-2 (Douglas and Klancher absent) to forward the application to the Board of Supervisors with a recommendation of approval, subject to the Findings for Approval below. Staff notes that no public comment was received through LOLA. The County Attorney s office has reviewed and approved the Proffer Statement final form. The Application is ready for action by the Board. III. FINDINGS FOR APPROVAL 1. The proposed PD-IP zoning district under the Revised 1993 Zoning Ordinance is consistent with the Revised General Plan, as follows: a. The Revised General Plan s Economic Development Policies support appropriate and desirable nonresidential development in business corridors and related to the development of larger communities. b. Since the road network in the immediate vicinity of the subject property will not be affected because an increase in trip generation is not anticipated as a result of the proposed rezoning, the application is consistent with the Countywide Transportation Plan. 2. Converting to the proposed PD-IP Zoning District under the Revised 1993 Zoning Ordinance is preferred by the County. 3. Adequate utility, water and sewer, and other public facilities exist to serve the range of PD-IP uses permitted under the Revised 1993 Zoning Ordinance. 4. No new construction or site improvements are proposed in conjunction with this rezoning. As such, the rezoning is not anticipated to result in environmental or transportation impacts. Any new construction would comply with the requirements of the Revised 1993 Zoning Ordinance and the County s Facilities Standards Manual. IV. CONTEXT Location/Site Access The subject property is located at 22675 Glenn Drive in eastern Loudoun County on the west side of Glenn Drive (864), south of Sterling Boulevard (846), east of Route 28 (see Vicinity Map on page 6).
Page 5 Existing Conditions The subject property is approximately 6.87 acres in size and it is currently vacant and without structures (see Photos 1 & 2 below). The site has been previously improved through grading and includes paved areas for an office building use type. The subject property is also located within the AI Airport Impact Overlay District (Ldn 60 1 mile buffer area), and portions of the subject property are within the FOD - Floodplain Overlay District associated with Indian Creek, which crosses the northern and eastern parts of the subject property. Photos 1 & 2: Previous improvements include grading and paving. There are no structures or uses onsite. Surrounding Properties The subject site is surrounded by developed office and flex/light industrial uses (PD-IP) north, south, east and west.
Page 6 Figure 1: Vicinity Map
Page 7 Directions - From Leesburg, travel east on Route 7 (Harry Byrd Highway), taking the Route 28 exit southbound. Next, take the Sterling Boulevard (846) exit east and then take the second right onto Glenn Drive (864). The subject property will be accessed from second drive off Glenn Drive on the right. Background - The subject property has been previously improved through site clearing and grading including paving for designated parking areas under STPL-1999-0080 and SPAM-2005-0097. V. PROPOSAL The Applicant, Port Carbon, LLC, is seeking a zoning conversion of approximately 6.87 acres from the PD-IP (Planned Development Industrial Park) zoning district under the 1972 Zoning Ordinance to the PD-IP (Planned Development Industrial Park) zoning district under the Revised 1993 Zoning Ordinance. The PD-IP district is established for light and medium industrial uses, office uses, and necessary supporting accessory uses and facilities, designed with a park-like atmosphere to complement surrounding land uses by means of appropriate siting of buildings and service areas, attractive architecture, and effective landscape buffering. Approval of the rezoning would allow the development of all principal and accessory uses permitted in the PD-IP zoning district under the Revised 1993 Zoning Ordinance with a Floor Area Ratio (FAR) maximum of 0.6 (or up to 1.0 by Special Exception). VI. OUTSTANDING ISSUES There are no outstanding Staff issues. The primary topic considered during the referral process was substantial conformance with Revised General Plan policies which support the conversion of property from the 1972 Zoning Ordinance to the Revised 1993 Zoning Ordinance. The proposed PD-IP conversion allows for uses envisioned in the Route 28 Business areas to be developed. Staff recommends approval of the application. Staff further encouraged the Applicant to also consider developing under the newly adopted Route 28 Corridor Business (CB) Optional Overlay District to maximize the property s development potential. The Route 28 CB Optional Overlay district permits a 0.6 Floor Area Ratio (FAR) and up to a 1.0 FAR with incentive elements. Other incentives include higher permitted lot coverage, reduced setbacks, parking space requirement reduction for structured parking, elimination of minimum district standards and longer validity periods for special exceptions (SPEX), site plans and zoning permits to build out a project. Availability to utilize the Optional Overlay district is voluntary and open continuously at the property owners discretion without having to file a legislative application.
VII. POLICY ANALYSIS Page 8 Criteria for Approval - Zoning Ordinance Section 6-1211(E) of the Revised 1993 Zoning Ordinance states that when considering a rezoning application, the Planning Commission shall give reasonable consideration to 16 factors or criteria for approval. These criteria for approval are organized below by category, followed by Staff s analysis. A. LAND USE ZO 6-1210(E)(1) Appropriateness of the proposed uses based on the Comprehensive Plan, trends in growth and development, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies and the encouragement of the most appropriate use of land throughout the locality. Analysis There are no outstanding land use issues. The Route 28 Corridor Plan policies encourage Route 28 Tax District landowners to rezone to appropriate zoning districts in the Revised 1993 Zoning Ordinance that are consistent with the County s overall land use vision. The subject property land use designation is Route 28 Core Office Cluster. The PD-IP zoning district permits a variety of light to medium industrial uses, including commuter parking lots, distribution facilities, flex uses, manufacturing facilities, motor vehicle repair, warehouses, outdoor storage, utilities, and recycling centers. Office type uses are also permitted. The Plan supports developments with FARs up to a maximum of 0.6 (or up to 1.0 by special exception). While Staff supports the zoning conversion, it should be noted that the implementation portion of the Route 28 Corridor Plan is in progress and may result in zoning regulations that better implement the policies of the Plan. Specifically, The Route 28 CB Optional Overlay district permits a 0.6 Floor Area Ratio (FAR) and up to a 1.0 FAR with incentive elements. Other incentives include higher permitted lot coverage, reduced setbacks, parking space requirement reduction for structured parking, and others discussed under the preceding Outstanding Issues section. Availability to utilize the Optional Overlay district is voluntary and open continuously at the property owners discretion without having to file a legislative application. B. COMPATIBILITY ZO 6-1210(E)(2) The existing character and use of the subject property and suitability for various uses, compatibility with uses permitted and existing on other property in the immediate vicinity, and conservation of land values. Analysis The surrounding properties and the subject property are zoned PD-IP. Therefore the ranges of uses allowed in the PD-IP zoning district are compatible with the established uses in the immediate vicinity.
Page 9 C. ENVIRONMENTAL AND HERITAGE RESOURCES ZO 6-1210(E)(5) Potential impacts on the environment or natural features including but not limited to wildlife habitat, wetlands, vegetation, water quality (including groundwater), topographic features, air quality, scenic, archaeological, and historic features, and agricultural and forestal lands and any proposed mitigation of those impacts. Analysis There are no outstanding environmental issues, as the site is already partially developed (graded and paved parking). However, staff notes that there is floodplain on a portion of the property. The Applicant will be required to meet zoning ordinance and Facilities Standards Manual (FSM) requirements that will protect environmental resources if and when future development occurs. D. TRANSPORTATION ZO 6-1210(E)(3) Adequacy of sewer and water, transportation, and other infrastructure to serve the uses that would be permitted on the property if it were reclassified to a different zoning district [emphasis added]. Analysis There are no outstanding transportation issues. Consistent with the streamlined review process for zoning conversions in the Route 28 Tax District, approved by the Board of Supervisors on May 20, 2008, the Applicant has submitted the County s Traffic Statement for Route 28 ZMAP Applications to the Current Zoning Ordinance (commonly referred to as the Route 28 Generalized Traffic Statement ). The generalized traffic statement provides current and future conditions of major roads and intersections throughout the Tax District. The Applicant does not propose specific land uses with this zoning conversion application. Therefore, Staff did not evaluate traffic impacts or make transportation improvement recommendations. On July 7, 2009, the Board adopted a resolution that zoning conversion Applicants will not be expected to make additional transportation improvements or contributions, such as sidewalks, over and above the increased taxes already provided by properties in the Route 28 Tax District. Table 1 summarizes Staff s analysis of transportation issues. Table 1. Transportation - Resolved or Non-Issues Site Access The site will continue to be served by Glenn Drive (VA Route 864), a fourlane undivided (U4M) major connector within a 90-foot right-of-way and accessed by one full movement driveway. Trip Generation Staff anticipates a slight increase in the number of trips generated by the uses allowed on the subject property. The Revised 1993 Zoning Ordinance allows up to 0.6 FAR by-right for PD-IP uses, which could yield approximately 179,554 sq. ft. of office on the 6.87-acre site. 1 Based on ITE s Trip Generation 9 th Edition trip rates for office uses, this would generate approximately 280 AM peak hour, 268 PM peak hour, and 1,980 daily vehicle trips. This is 93 more AM peak trips, 90 more PM peak trips, and 659 fewer daily trips. Status No issue. No issue. 1 Office is the largest traffic generator of all uses permitted in the PD-IP zoning district.
Page 10 Level of Service The Route 28 Generalized Traffic Statement indicates that the nearest signalized intersection included in the analysis, the Sterling Boulevard and Shaw Road (VA Route 636) intersection, operated at a LOS C during both the AM and PM peak periods based on traffic data from the 2010-2011 timeframe. The generalized traffic statement forecasts that in 2015 this intersection would continue to operate at LOS D in the AM peak and degrade to a LOS E and PM peak periods. No issue. E. PUBLIC UTILITIES/PUBLIC SAFETY ZO 6-1210(E)(3) Adequacy of sewer and water, transportation, and other infrastructure to serve the uses that would be permitted on the property if it were reclassified to a different zoning district. (6) The protection of life and property from impounding structure failures. [emphasis added]. Analysis Adequate public facilities exist to serve the range of PD-IP uses permitted under the Revised 1993 Zoning Ordinance. The subject property is served by public water and sewer. Residential uses are not permitted within the PD-IP zoning district unless they are an accessory use; therefore, the rezoning would not generate the need for schools, libraries, and other public facilities that are typically associated with this use. VIII. ZONING ANALYSIS Analysis There are no outstanding zoning issues with the Zoning Conversion application. The Applicant seeks to rezone approximately 6.87 acres from the PD-IP zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance. The Applicant does not propose specific land uses with this zoning conversion application. IX. ATTACHMENTS PAGE NUMBER 1 Referral Comments 1a Department of Planning and Zoning, Comprehensive Planning A-1 1b Department of Planning and Zoning, Zoning Administration A-4 1c Department of Transportation and Capital Infrastructure A-5 2 Applicant s Statement of Justification (dated 09-23-2014) A-30 3 Proffer Statement (dated 09-23-2014 and revised through 01-26-2015) A-32 4 Concept Development Plan (dated 09-22-14) A-34 *This Staff Report with attachments (file name BOSPH STAFF REPORT 02-11-15.PDF) can be viewed online on the Loudoun Online Land Applications System (LOLA) at www.loudoun.gov. Paper copies are also available in the Department of Planning.