DEPARTMENT OF PLANNING Date of Hearing: AND ZONING STAFF REPORT # 7 BOARD OF SUPERVISORS PUBLIC HEARING SUBJECT: ELECTION DISTRICT: SPEX-2015-0027, Downs Park Broad Run CRITICAL ACTION DATE: September 28, 2015 STAFF CONTACTS: APPLICANT: Tyler Klein, AICP, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning Charles Wells, VP, Seefried Properties PURPOSE: The Applicant is seeking a Special Exception to permit up to 300,000 square feet of commercial office use (data center) in the PD-IP (Planned Development Industrial Park) zoning district. RECOMMENDATIONS: Special Exceptions under the 1972 Zoning Ordinance proceed directly to the Board of Supervisors without a recommendation from the Planning Commission. Staff supports the proposed data center use, which is in conformance with Revised General Plan land use policies. There is one outstanding issue regarding a second entrance to the site from Future Sterling Boulevard. Staff will provide an update to the Board at the public hearing regarding resolution of this issue. Conditions of Approval have been provided to mitigate the project impacts; this includes prohibiting access to Future Sterling Boulevard as the Plan policies do not support direct access to a major collector and the proposed SPEX use generates a small number of trips and does not warrant a second entrance. CONTENTS OF THIS STAFF REPORT Section Page Section Page Section Page Motions 2 Outstanding Issues 6 Fiscal Impacts 10 Application Information 3 Policy Analysis 6 Utilities/Public Safety 11 PC Review 4 Land Use 7 Zoning Analysis 11 Findings for Approval 4 Compatibility 7 Conditions 12 Context 5 Environmental/Heritage 8 Attachments 15 Proposal 6 Transportation 8
Page 2 The Conditions of Approval are currently under review by the County Attorney s Office. Staff will provide the Board with a status update of this review prior to or at the Board Public Hearing and if the Applicant agrees to the Conditions of Approval. SUGGESTED MOTIONS: 1. I move that the Board of Supervisors forward SPEX-2015-0027, Downs Park, to the October 7, 2015 Board of Supervisors Business Meeting for action. (A timeline extension from the Applicant would be necessary) OR 2a. I move that the Board of Supervisors suspend the rules. AND 2b. I move that the Board of Supervisors approve SPEX-2015-0027, Downs Park, subject to the Conditions of Approval dated August 27, 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 Seefried Properties Charles Wells, VP 3333 Riverwood Parkway, Suite 200 Atlanta, GA 30339 404-233-0204 Page 3 REPRESENTATIVE Cooley, LLP Colleen Gillis 11951 Freedom Drive Reston, VA 20190 703-456-8114 cgillis@cooley.com REQUEST Seefried Properties of Atlanta, Georgia, has submitted an application for a Special Exception to permit up to 300,000 square feet of commercial office use (data center) in the PD-IP (Planned Development Industrial Park) zoning district up to a Floor Area Ratio (FAR) of 0.33. This application is subject to the 1972 Zoning Ordinance and the proposed use is listed as a Special Exception use under Section 722.3.2. The subject property is located within the Route 28 Taxing District, and is also located within the AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contour. The property is approximately 22 acres in size and is located in Sterling, VA. PARCELS/ACREAGE Tax Map # Parcel PIN Address Acreage /94/A/1/////3/ 045-37-3336 NA 5.05 /94/A/1/////2/ 045-37-5923 NA 5.05 /94/A/1/////6/ 045-37-8311 NA 5.08 /94/A/1/////5/ 045-28-0698 NA 5.25 /94/A/1/////4/ (portion) 045-28-2657 (portion) NA 2.43 (portion) ACCEPTANCE DATE June 1, 2015 ZONING ORDINANCE 1972 POLICY AREA Suburban Policy Area (Sterling Community) LOCATION The subject site is located west of Pacific Boulevard (Route 1036) and Relocation Drive (Route 775), east of the Washington Dulles International Airport (IAD), north of Old Ox Road (Route 606), and south of Moran Road (Route 634). EXISTING ZONING PD-IP (Planned Development-Industrial Park) Route 28 Corridor Industrial Optional Overlay District Airport Overlay District, Ldn 60 One-Mile Buffer PLANNED LAND USE Route 28 Light industrial and flex uses at a non-residential FAR of 0.20 to 0.40.
Page 4 II. PLANNING COMMISSION REVIEW AND RECOMMENDATION Special Exceptions under the 1972 Zoning Ordinance proceed directly to the Board of Supervisors without a recommendation from the Planning Commission. III. FINDINGS FOR APPROVAL 1. The proposal generally conforms to the land use policies of the Revised General Plan (RGP). 2. Uses permitted by Special Exception within the PD-IP (Planned Development- Industrial Park) zoning district, a data center with performance standards, are consistent with the land use objectives as stated by the Route 28 Corridor Plan for properties designated suitable for Route 28 Industrial. 3. The SPEX uses are for commercial businesses (data center) which will have a net positive effect on the County s tax base and will not create the need for additional services such as schools, parks, playgrounds or public services. 4. This application includes commitments to architectural building standards, civic uses, and minimum building heights, consistent with the design objectives as stated by the Route 28 Corridor Plan Business policies. 5. The Applicant has dedicated the necessary right-of-way (ROW) to ensure Future Sterling Boulevard can be completed, providing an important east-west connector between Route 28 and Pacific Boulevard. 6. The proposal generally conforms to the policies of the 2010 Countywide Transportation Plan (CTP), and provides for pedestrian and bicycle connectivity as consistent with the 2003 Bicycle and Pedestrian Mobility Master Plan. 7. This application, as conditioned, is consistent with the requirements of the 1972 Zoning Ordinance. IV. CONTEXT Location/Site Access The subject site (totaling approximately 25 acres; SPEX area approximately 22 acres) is located west of Pacific Boulevard (Route 1036) and Relocation Drive (Route 775), east of the Washington Dulles International Airport (IAD), north of Old Ox Road (Route 606), and south of Moran Road (Route 634). Site access will be provided from Relocation Drive and from the future Sterling Boulevard (off Relocation Drive). See vicinity map below.
Figure 1. Vicinity Map Page 5 Existing Conditions The approximately 22 acre subject portion is currently vacant and mostly unimproved, covered by existing mature trees, scrub and vegetation. The rear of the subject property is cleared, along with clearing along the future Sterling Boulevard right-of-way. The property is also located within the AI (Airport Impact) Overlay District, within one (1) mile of the Ldn 60 and the Route 28 Corridor Industrial Optional Overlay District. Surrounding Properties The subject property is surrounded by existing light industrial and warehouse uses. PD-IP (Planned Development-Industrial Park) zoned property exists north and east of the site; existing PD-GI (Planned Development- General Industrial) to the west and southwest and vacant R-1 (Residential) to the south. Directions From Leesburg, proceed east on Harry Byrd Highway (Route 7), taking Route 28 south to South Sterling Boulevard (Route 54) then proceed north onto Pacific Boulevard (Route 1036). Continue to proceed north, turning left onto Relocation Drive (Route 775) and proceed south a quarter mile. The subject property will be on the right,
Page 6 north of the temporary gravel drive (Future Sterling Boulevard) and just south of Ocean Court. Background There are no previous or active applications associated with the subject property. No public comment has been recorded in LOLA. V. PROPOSAL Special Exception The Applicant is seeking a Special Exception (SPEX) to permit up to 300,000 square feet of commercial office use (limited to a data center) in the PD-IP (Planned Development Industrial Park) zoning district. The subject property is approximately 25-acres in size and each building will be approximately 150,000 square feet with an FAR of 0.33. VI. OUTSTANDING ISSUES Only one outstanding issue remains unresolved: site access onto Future Sterling Boulevard. 2010 Countywide Transportation Plan policies prohibit direct access to individual parcels from major collector roads in the Suburban Policy Area. Access to the site will be provided by a full movement entrance off Relocation Drive. The proposed data center is a low trip generating use (generating approximately 32 trips per day) and would not necessitate a second entrance. The Applicant continues to requests an entrance from the westernmost boundary of the property, and has agreed to construct the entrance as a full movement entrance as part of the Future Sterling Boulevard project and within the 75 feet of ROW, including a 100 foot taper and 200 foot storage, in conformance with Virginia Department of Transportation (VDOT) standards. Additionally, there are a few minor comments that need to be addressed (Plat notes, etc.) as a result of the first referral comments and Applicant response to first referral comments, received on August 7, 2015. Staff notes, the Applicant requested to be added to the September Board public hearing agenda, and that a second 30-day referral is necessary and is due on or before September 6, 2015. Staff will update the Board at the public hearing regarding second referral comments on the proposed access from Future Sterling Boulevard and on the SPEX plat. Conditions of Approval have been reviewed by the County Attorney s office and should the Board choose to take action, the Conditions will mitigate the projects impact; this includes prohibiting access to Future Sterling Boulevard. VII. POLICY ANALYSIS Special Exception (SPEX) Criteria for Approval - Zoning Ordinance Section 1211.5 of the 1972 Zoning Ordinance states that in considering a special exception application, nine (9) matters shall be given reasonable consideration. These criteria for approval are organized below by category, followed by Staff s analysis.
Page 7 A. LAND USE ZO 1211.5 Matter 1 Does the proposal preserve the agricultural character of the County, and discourage the inappropriate location of non-farm uses in agricultural areas? ZO 1211.5 Matter 4 Does the proposal protect against the overcrowding of land and undue density of population in relation to the community facilities existing or available? ZO 1211.5 Matter 7 The proposed use at the specified location shall be in harmony with the policies embodied in the adopted Comprehensive Plan. ZO 1211.5 Matter 8 The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations. Analysis There are no outstanding land use issues. The primary topic discussed during the referral process was consideration of the Route 28 Corridor Industrial (CI) Optional Overlay district, and substantial conformance with Revised General Plan policies. The proposed application for data center uses is consistent with the Plan s land use policies for the Route 28 Industrial area. The subject site is planned for Route 28 Industrial uses which supports Heavy Industrial, Light-Industrial, and Flex uses with FARs between 0.2 to 0.4 As defined in the Plan, flex uses have been defined to include data centers. Staff has further recommended the applicant consider a zoning conversion to the Revised 1993 Zoning Ordinance, in order to provide consistent development patterns within the District; and/or consider utilizing the Route 28 Corridor Industrial (CI) Optional Overlay district and develop pursuant to the site plan process rather than the legislative process. The Optional Overlay district permits a higher Floor Area Ratio (FAR), up to 0.6, 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. The Applicant elected to remain in the legislative application (SPEX) process, citing work already completed. B. COMPATIBILITY ZO 1211.5 Matter 6 Does the proposal protect residential sections from unnecessary traffic, fire, hazards, noise, noxious fumes, or offensive odors and other unwholesome conditions and influences? ZO 1211.5 Matter 9 The proposed use shall be such that it will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the applicable provisions of the adopted comprehensive plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or impair the value thereof. Analysis There are no outstanding compatibility issues. 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. Conditions of Approval have been included to mitigate potential impacts to civic/open space, building design, lighting and parking.
Page 8 C. ENVIRONMENTAL AND HERITAGE RESOURCES ZO 1211.5 Matter 2 Does the proposal conserve the ground water supply in the areas of the county where it is limited? ZO 1211.5 Matter 3 Does the proposal prevent high population on soils that are incapable of providing adequate water supply, or of meeting proper sanitary requirements for sewage disposal? Analysis There are no outstanding environmental and heritage resource issues. The primary topics discussed during the referral process included providing the envisioned onsite open space, stormwater management and lighting. A summary of the discussion and resolution are provided below. Open Space The Plan calls for Route 28 Industrial developments to provide a minimum of 10% open space. Open space within Industrial areas should be meaningful and appropriate to the scale, setting, and location of the development as well as conform to the base design standards as outlined in the Plan. As noted on the SPEX Plat, the Applicant will provide approximately 3.3-acres of onsite open space, exceeding the minimum 10% open space envisioned through Plan policy (or 2.2-acres). A Condition of Approval has been drafted to ensure substantial conformance with the SPEX plat during site plan review. Stormwater Management Increasing impervious surfaces within the County requires a concerted effort to ensure stormwater impacts are sufficiently mitigated, and natural processes are maintained. The Applicant has purchased stream channel impacts credits and adjusted the SPEX area to include the onsite stormwater facility. A Condition of Approval has also been drafted to ensure Low Impact Development (LID) practices are used on site to mitigate stormwater management issues. Lighting Staff noted that Plan policy supports lighting on the site that does not cast glare on adjacent properties, provides only the illumination necessary for operations and is energy efficient. A Condition of Approval has been drafted to ensure lighting meets the County standards. There are no identified heritage resources on the subject property. D. TRANSPORTATION ZO 1211.5 Matter 5 Does the proposal facilitate orderly highway development and transportation, and lessen traffic hazards and congestion? Analysis A second referral is currently underway to ensure transportation facilities and improvements meet the intent of the 2010 Countywide Transportation Plan (CTP) and 2003 Bicycle and Pedestrian Mobility Master Plan policies. Staff notes, the Applicant requested to be added to the September Board public hearing agenda, and that a second 30-day referral is due to the Project Manager on or before September 6,
Page 9 2015. Staff will provide an update to the Board at the hearing regarding resolution of outstanding issues as a result of the second referral comments. The following topics were discussed during the referral process: right-of-way (ROW) for Future Sterling Boulevard, site access from Future Sterling Boulevard, bicycle and pedestrian facilities, parking and additional ROW for Relocation Drive. Below is a discussion of staff comments and the Applicant response. Future Sterling Boulevard Right-of-Way CTP policies specify 120 feet of right-of-way (ROW) is needed to accommodate Future Sterling Boulevard, a four-lane median divided major collector road that will travel eastwest along the southern edge of the subject property. However, per discussion with Department of Transportation and Capital Infrastructure (DTCI) staff and the Applicant, it has been noted that the 75 feet of ROW depicted on the SPEX Plat could accommodate the extension, pending the Applicant agree to construct a retaining wall within the setback along the southern edge of the property, leaving adequate space to provide a public access easement for a sidewalk at street level. A Condition of Approval has been drafted to ensure the accommodation of the public access easement and retaining wall, at no cost to the County, in addition to the 75 feet of ROW. Future Sterling Boulevard Right-of-Way CTP policies specify 120 feet of right-of-way (ROW) is needed to accommodate Future Sterling Boulevard, a planned four-lane median divided major collector road that will travel east-west along the southern edge of the subject property. However, per discussion with Department of Transportation and Capital Infrastructure (DTCI) staff and the Applicant, it has been noted that the 75 feet of ROW depicted on the SPEX Plat could accommodate the extension in a modified form while still providing four through travel lanes, pending the Applicant agree to construct a retaining wall within the setback along the southern edge of the property (due to the Applicant s proposal to raise the vertical grade of the site), north of the road, leaving adequate space to provide a public access easement for a sidewalk at street level. A Condition of Approval has been drafted to ensure the accommodation of the public access easement and retaining wall, at no cost to the County, in addition to the 75 feet of ROW. Access to Future Sterling Boulevard CTP policies prohibit direct access to individual parcels from major collector roads in the Suburban Policy Area. The Applicant continues to seek an entrance from the westernmost boundary of the property, and has agreed to construct the entrance as a full movement entrance as part of the Future Sterling Boulevard project and within the 75 feet of ROW, including a 100 foot taper and 200 foot storage. In meetings with the
Page 10 Applicant and DTCI staff, the Applicant noted that this second access point would not be needed for the SPEX use but may be needed for an alternative by-right use. Staff will update the Board at the public hearing regarding second referral comments on the proposed access from Future Sterling Boulevard. A Condition of Approval has been drafted prohibiting direct access to Future Sterling Boulevard; however, should the Applicant select to leave the site entrances from Sterling Boulevard on the SPEX plats, the Applicant will need to add turn lanes, and will commit to fund the cost of these turn lanes prior to approval of the first site plan for the SPEX use. Bicycle and Pedestrian Facilities Staff notes CTP policies require bicycle and pedestrian facilities along all future roadway extensions. The Applicant has agreed to provide a 10 foot wide public access easement along with a 20 foot wide temporary construction easement along the north side of Future Sterling Boulevard. This will ensure future facilities for bicycle and pedestrian users along this important collector roadway, connecting the Sterling Community with the future Metro Stations. A Condition of Approval has been drafted to ensure pedestrian and bicycle facilities are accommodated along Future Sterling Boulevard. Parking In an effort to reduce the amount of impervious surface, the Plan discourages parking that exceeds the requirements of the Zoning Ordinance. The Applicant has reduced the number of parking spaces from 197 spaces to 158 spaces, providing only the parking needed for the proposed use (data center). A Condition of Approval has been drafted to ensure the number of parking spaces provided does not exceed the Zoning Ordinance. Relocation Drive Right-of-Way Relocation Drive is currently a two-lane undivided roadway and is planned to ultimately be built as a 110-foot wide four-lane median divided minor collector. Right-of-way (ROW) for this planned condition has been obtained to both the north and south of the site on the west side of the existing roadway. The Applicant will provide a dedication of 55 feet from the centerline of Relocation Drive on the SPEX plat to ensure the ultimate condition of the roadway can be accommodated. A Condition of Approval has been drafted to ensure the dedication is made prior to site plan approval for the SPEX use. E. FISCAL IMPACTS ZO 1211.5 Matter 7 The proposed use at the specified location shall be in harmony with the policies embodied in the adopted Comprehensive Plan.
Page 11 Analysis The operation, a data center, would generate additional property and sales taxes for Loudoun County and as noted in the Applicant s statement of justification. The proposed use is in substantial conformance with Plan policies in and around Route 28, which support the development of industrial uses at various intensities, including data centers, in this part of the County. F. PUBLIC UTILITIES/PUBLIC SAFETY ZO 1211.5 Matter 2 Does the proposal conserve the ground water supply in the areas of the county where it is limited? ZO 1211.5 Matter 3 Does the proposal prevent high population on soils that are incapable of providing adequate water supply, or of meeting proper sanitary requirements for sewage disposal? ZO 1211.5 Matter 6 Does the proposal protect residential sections from unnecessary traffic, fire hazards, noise, noxious fumes, or offensive odors and other unwholesome conditions and influences? Analysis There are no outstanding public utilities and public safety issues with the proposed Special Exception application. The following table below summarizes how this application addresses public utilities, fire and rescue services, fire and rescue contributions, and public safety. Table 1. Public Utilities and Public Safety. Water, Sewer and Electric - Existing water, sewer, and electrical infrastructure currently serve the subject property and are sufficient to serve the proposed use. In the event additional connections or improvements are necessary, the Applicant assumes responsibility. Fire & Rescue Service - The Kincora Fire and Rescue Station would serve the subject property with an approximate response time of 7 minutes. Fire & Rescue Contribution - The Applicant agrees to make the standard one-time Fire and Rescue contribution per gross square foot (approximately $30,000) to be distributed equally to the first response fire and rescue facilities. Impounding Structure Failures - Protection of life and property from life and property from impounding structure failures is not an impact that is associated with the proposed application. Proffer Condition or Note No an issue. Not an issue. Note following Conditions of Approval Not an issue. VIII. ZONING ANALYSIS Analysis There are no outstanding zoning issues, however, additional revisions are needed to the SPEX plat prior to approval of the application to ensure consistency with the Zoning Ordinance. The proposed use, two single-story buildings of approximately 150,000 square feet (SF), for a total of up to 300,000 SF limited to a data center, is permitted under the 1972
Page 12 Zoning Ordinance as a Special Exception (SPEX). Staff notes the Applicant has also submitted a site plan for approval (through the Department of Economic Development s fast track process), which would need to be modified to conform to the to-be-approved Special Exception plat. This will be accommodated through a Site Plan Amendment (SPAM), administered by the Department of Building & Development (B&D). IX. CONDITIONS OF APPROVAL - DRAFT (August 27, 2015) The Conditions of Approval are currently under review by the County Attorney s Office. Staff will provide the Board with a status update of this review prior to or at the Board Public Hearing and if the Applicant agrees to the Conditions of Approval. 1. Substantial Conformance The development of the Special Exception Use described in Condition 2 below shall be in substantial conformance with Sheets 2, 3, and 4 of 4 of the plat entitled, Special Exception, Seefried Industrial Properties at Downs Park, dated May 19, 2015, revised through August 7, 2015, prepared by JCL Consulting, LLC (the SPEX Plat ), incorporated herein by reference, and the 1972 Zoning Ordinance (the Zoning Ordinance ). Approval of this application for the approximately 22-acre parcel identified as Tax Map Numbers /94/A/1/////3/, /94/A/1/////2/, /94/A/1/////6/, /94/A/1/////5/, /94/A/1/////4/ (PIN# 045-37-3336, 045-37- 5923, 045-37-8311, 045-28-0698, and a portion of 045-28-2657 respectively) (the Property ) shall not relieve the applicant or the owners of the Property, their successors, or parties developing, establishing or operating the approved SPEX Use (collectively, the Applicant ), from the obligation to comply with or conform to any other applicable Zoning Ordinance, Codified Ordinance, or regulatory requirement. 2. Uses Permitted - This Special Exception grants approval of the development of the Property up to a Floor Area Ratio (FAR) of 0.33, provided that uses shall be limited to Commercial Office Buildings/Data Center pursuant to Section 722.3.2 of the 1972 Zoning Ordinance. No additional PD-IP SPEX uses are permitted on the subject property as a result of the approval of SPEX-2015-0027. 3. Future Sterling Boulevard. The Applicant shall dedicate right-of-way (ROW) along the entire southern frontage of the site at a width of 75 feet and that the Applicant will construct a retaining wall within the setback along the southern edge of the property, leaving adequate space to provide a public access easement for a sidewalk at street level. These dedications should be made as shown on the SPEX plat to the County within 120 days of approval of this SPEX application. 4. Access to Future Sterling Boulevard. Access to the site is prohibited from Future Sterling Boulevard. Should the Applicant select to leave the site entrances from Sterling Boulevard on the SPEX plats, the Applicant will need to add turn lanes, and will commit to fund the cost of these turn lanes prior to approval of the first site plan
Page 13 for the SPEX use, to be used as part of the County s Sterling Boulevard extension project. 5. Relocation Drive. The Applicant shall dedicated 55 feet of ROW from centerline on Relocation Drive to allow for it to be developed to its planned ultimate condition, and construct a six-foot wide sidewalk within the ROW or provide a 10-foot wide public access easement along the entire Relocation Drive frontage of the property and show these facilities on the SPEX plat. These facilities and easements should be in place prior to approval of the first site plan for SPEX use. 6. Landscaping, Buffering and Screening. a. Landscaping: The Applicant must demonstrate conformance with the Landscape Plan shown on Sheet 4 of the SPEX Plat. All buffering and screening, to include any existing vegetation approved by the Zoning Administrator for use as required plantings, shall be depicted on the first site plan ( STPL ) or site plan amendment ( SPAM ) for the SPEX Use. All new plantings shall be bonded for installation in conjunction with, the approval of the first STPL or SPAM for the SPEX Use. All buffering and screening shall be maintained in good condition and health for the duration of the SPEX Use, any dead or diseased materials shall be replaced with reasonable promptness, taking into account seasonal weather limitations. b. Screening of Mechanical Equipment: In order to minimize visibility from adjacent roads and adjacent properties, ground level and roof top mechanical equipment shall be screened. This screening may be provided by a principal building. Mechanical equipment not screened by a principal building shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building. 7. Parking. The Applicant shall only provide enough parking spaces for the approved SPEX use, a data center. The Zoning Administrator shall determine if the number of spaces provided is appropriate for the SPEX use. 8. Low Impact Development (LID). The Applicant shall implement at least one (1) Low-Impact Development (LID) BMP on the Property. Such LID practice may include, but shall not be limited to, bioretention facilities/rain gardens, water quality swales, vegetative filter strips, or infiltration trenches. In selecting which LID practice to implement, the Applicant shall consult with the Department of Building and
Page 14 Development to identify those LID practices deemed likely to be effective based on the physical characteristics of the Property. The location of such LID practice shall be shown on the first STPL or SPAM for the SPEX Use and shall be approved by the Director of the Department of Building and Development. 9. Building Design. Principal building facades shall avoid the use of undifferentiated surfaces by including the following design elements: change in building height, building step-backs or recesses, fenestration, change in building material, pattern, texture, color, or use of accent materials. The building design shall be in substantial conformance with the Building Elevation Study dated August 6, 2015 as prepared by DJM Architecture on Sheet 5 of the SPEX Plat. 10. Lighting. Lighting used shall be designed and installed to adhere to the following standards: a. Energy efficient lighting, such as LED (light emitting diodes) or equivalent, shall be utilized where feasible for all exterior lighting. b. No animated, neon, moving, or flashing lights shall be permitted. c. Lighting shall be shielded so as not to spill upward or reflect or cast light or glare onto adjacent properties or roads. d. Lighting shall be used only from dusk until dawn or during times of decreased daytime visibility due to weather. Note: Fire and Rescue Contribution Prior to approval of the first zoning permit, the Applicant shall make a one-time contribution to the County of $0.10 per square foot of non-residential floor area (totaling approximately $30,000) for distribution to the volunteer Fire and Rescue Companies providing service to the Property. The intent of this provision is to support volunteer fire and rescue staffing and operations so long as any significant element of the primary provider of fire and rescue services to the Property is volunteer owned or operated. If at the time of the application for a zoning permit, the primary servicing Fire and Rescue Company does not utilize, to any significant extent, either volunteer staff or apparatus owned by a volunteer organization, then no contribution will be provided by the Applicant. If only one of these services has ceased to utilize volunteer staff and apparatus, then the contribution shall be halved and shall be provided to the remaining company. The amount of the contribution shall be adjusted on a yearly basis from the base year of 1988 and change effective each January 1 thereafter, based on the Consumer Price Index for all urban consumers (CPI- U), 1982-1984=100 (not seasonally adjusted) as reported by the United States Department of Labor, Bureau of Labor Statistics for the Washington-Baltimore, MD-VA- DC-WV Metropolitan Area.
Page 15 X. ATTACHMENTS PAGE NUMBER 1 Review Agency Comments 1a Planning & Zoning, Comprehensive Planning A-1 1b Planning & Zoning, Zoning Administration A-7 1c Building & Development, Planning Division A-11 1d Department of Transportation & Capital Infrastructure A-13 1e Health Department - Environmental A-26 1f Loudoun Water A-27 1g Fire, Rescue and Emergency Services A-28 1h Economic Development A-29 1i MWAA A-30 1j VDOT A-31 2 Applicant s Statement of Justification (dated 08-07-15) A-34 3 Applicant s Response to Referral Comments (dated 08-07-15) A-37 4 SPEX Plat (revised through 08-07-15) A-47 *This Staff Report with attachments (file name BOSPH STAFF REPORT 09-09-15.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.