BOARD OF SUPERVISORS BUSINESS MEETING INFORMATION ITEM. Briefing Item: Land Development Applications October 14, 2015 Public Hearing

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1 BOARD OF SUPERVISORS BUSINESS MEETING INFORMATION ITEM Date of Meeting: October 7, 2015 # I-1 SUBJECT: ELECTION DISTRICT: STAFF CONTACTS: Briefing Item: Land Development Applications October 14, 2015 Public Hearing Countywide John Merrithew, Assistant Director, Planning and Zoning Ricky Barker, Director, Planning and Zoning PURPOSE: The purpose of this item is to solicit any additional comments or questions so staff may prepare a response for the Public Hearing. BACKGROUND: The Board of Supervisors October 14, 2015 Public Hearing agenda includes two land development applications, both requesting approval of telecommunication facilities. Both applications come from the Planning Commission with recommendations of approval. The Catherine s Rest monopole application drew five speakers; most in favor of the application. One speaker was in opposition, citing visual impact on the Appalachian Trail and adjoining properties. The agenda also includes ZOAM , which is an amendment to the Floodplain Overlay District (FOD). This amendment was initiated by the Zoning Ordinance Action Group (ZOAG) to increase the flexibility in regulations including permitted uses and performance standards. County staff, worked with a subcommittee of the ZOAG, to complete the review and amendments to the regulations. Input from the Stakeholders and ZOAG proposed: 1) expanding the allowable stormwater management facilities and best management practices (BMPs) in the Major Floodplain; 2) expanding parking areas in the Major Floodplain; 3) allowing density credit for Major Floodplain located on site; and 4) allowing more general development in the FOD. The Planning Commission and staff had issues with these proposals and the Commission did not incorporate these changes in to the current draft. At the same time, during the County s work with FEMA to revise the Flood Insurance Rate Map (FIRM) to continue eligibility in the National Flood Insurance Program (NFIP), FEMA issued a report that identified concerns/deficiencies in the FOD. Staff has also addressed FEMA s concerns within the draft ZOAM. To remain eligible for participation in the NFIP, FEMA set a deadline of December 31, 2015 for the County to adopt a ZOAM that corrects the deficiencies identified in the CAV report.

2 Item I-1, Briefing Item Land Development Applications, October 7, 2015 Public Hearing Board of Supervisors Business Meeting Page 2 Refer to Attachment 1 for additional description of each application. Attachment 2 outlines cases projected for the November and December Public Hearings. ATTACHMENTS: 1. October 14, 2015 Public Hearing Agenda 2. Projected Public Hearing Items November 2015 and December 2015

3 PUBLIC HEARING LOUDOUN COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 14, AMENDMENTS TO CHAPTER 872 OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY, REAL ESTATE RELIEF FOR ELDERLY OR TOTALLY AND PERMANENTLY DISABLED The Board of Supervisors gives notice of its intention to propose amendments to Chapter 872, Real Estate Tax Relief for Elderly or Totally and Permanently Disabled, of the Codified Ordinances of Loudoun County. The proposed amendments would have an effective date of January 1, ORDINANCE TO ESTABLISH A NEW CHAPTER OF THE CODIFIED ORDINANCES OF LOUDOUN COUNTY, PARTICIPATION OF LOUDOUN COUNTY IN THE VML / VACO VIRGINIA INVESTMENT POOL Pursuant to Virginia Code and , the Board of Supervisors gives notice of its intention to propose for passage an Ordinance authorizing the participation of Loudoun County (the County ) in the Virginia Municipal League (VML)/Virginia Association of Counties (VACo) Virginia Investment Pool (the Trust Fund ) for the purpose of investing the County s money or money within the County s control in the Trust Fund. 3. INTERIM ADDITIONS TO AGRICULTURAL AND FORESTAL DISTRICTS Applications have been received by the Loudoun County Department of Economic Development and referred to the Agricultural District Advisory Committee (ADAC) and Planning Commission pursuant to Chapter 43, Title 15.2 of the Code of Virginia to add the following parcels to the following Agricultural and Forestal Districts: District PIN # Tax Map Number Acreage NEW CATOCTIN SOUTH /19///5/////7D 10 OATLANDS /59///4/////A/ 10 NEW HILLSBORO /26////////27/ 10 Any owner of additional qualifying land may join the applications within thirty (30) days from the date of the first publication of this notice or, with the consent of the Board of Supervisors, at any time before the public hearing that the Board of Supervisors must hold on the applications. Any owner who joined in the application may withdraw their land, in whole or in part, by written notice filed with the Board of Supervisors, at any time before the Board of Supervisors acts. The conditions and periods of the foregoing Agricultural and Forestal Districts to which parcels are being considered for inclusion are as follows: District Period Subdivision Minimum Lot Size Period Start Date NEW CATOCTIN SOUTH 4 YEARS 20 ACRES JUNE 2, 2012 OATLANDS 4 YEARS 50 ACRES APRIL 6, 2015 NEW HILLSBORO 10 YEARS 20 ACRES APRIL 11, 2012 Attachment 1 A-1

4 Page 2 Board Public Hearing Agenda October 14, 2015 Received applications were referred to the ADAC for review and recommendation. The ADAC held a public meeting on August 13, 2015 to consider the applications. The report and recommendations of the ADAC were considered by the Planning Commission at its public hearing on September 15, The ADAC and the Planning Commission both recommend approval. There was no public comment.. 4. SPEX , SPEX & CMPT , CATHERINE S REST INVISIBLE TOWERS MONOPOLE Election District: Blue Ridge Project Manager: Tyler Klein, Department of Planning & Zoning, Ricky Barker, Director Invisible Towers, LLC, has submitted Special Exceptions and Commission Permit to build a 185 foot telecommunication monopole and associated ground mounted equipment in the AR-1 (Agricultural Rural-1) zoning district and MDOD (Mountainside Development Overlay District). The proposed Special Exception is on a 1.61 acre portion of a acre parcel located east of the boundary with Jefferson County, West Virginia, along Appalachian Lane, west of Charles Town Pike. The Revised General Plan (Rural Policy Area (Northwest Planning Area)) designates this area for rural business and residential uses. The Planning Commission held a Public Hearing on the applications on September 15, Five (5) speakers, four (4) in favor and one (1) in opposition addressed the item. Those in favor noted general support for improved telecommunications and broadband service in this area of the County, especially for public safety, and the overall lack of visual impact of the proposed monopole at this location. The speaker in opposition noted the tower s potential visual impact on the nearby Appalachian Trail, nearby residences and the National Forest property immediately west of the site. The Planning Commission voted 9-0 to forward the applications to the Board of Supervisors with a recommendation of approval. Cases highlighted in RED were reviewed by the Planning Commission in September and were double advertised A-2

5 Page 3 Board Public Hearing Agenda October 14, CMPT & SPEX , VERIZON WIRELESS ASHBURN CORPORATE CENTER supporting facilities. Verizon Wireless has submitted applications for a Special Exception and Commission Permit to install twelve (12) panel antennas and related equipment on the roof of the existing six (6) story Embassy Suites Hotel building located on 7.15 acres on the north side of Waxpool Road east of Smith Switch Road at and Waxpool Road. The site is in the PD-IP (Planned Development-Industrial Park) zoning district and is subject to the 1972 Zoning Ordinance. The Revised General Plan, (Suburban Policy Area (Ashburn Community)) designates this area for light and medium industrial uses with The Planning Commission held a Public Hearing on September 15, No members of the public spoke in regards to the applications. The application was found to be consistent with Plan policy and the Planning Commission voted 9-0 to forward the applications to the Board of Supervisors for ratification and with a recommendation of approval for the SPEX. 6. ZOAM , PROPOSED ZONING ORDINANCE AMENDMENT TO ESTABLISH NEW REGULATIONS AND DEFINITIONS, AND TO REVISE AND CLARIFY EXISTING REGULATIONS AND DEFINITIONS, IN REGARD TO THE FLOODPLAIN OVERLAY DISTRICT On June 17, 2015, the Board of Supervisors initiated amendments to the Revised 1993 Loudoun County Zoning Ordinance ( Zoning Ordinance ) to establish new, and revise, clarify, and or delete existing, regulations and definitions, in the Floodplain Overlay District (FOD). The proposed amendments are intended to address concerns and deficiencies in regard to the conformance of the FOD s existing regulations with the requirements of the National Flood Insurance Program as identified by the Federal Emergency Management Agency (FEMA). The proposed text amendments include: Establish Wetland Mitigation Banks and Stream Restoration as uses that are exempt from certain requirements of the Zoning Ordinance. Designate a Floodplain Administrator to administer and implement all FOD regulations, Duties and Responsibilities of the Floodplain Administrator, and basis for the Delineation of the FOD that shall be the Flood Insurance Study and Flood Insurance Rate Map. Revise Permitted, Special Exception and Minor Special Exception Uses in the FOD (both major and minor floodplain). Revise existing, FOD Development Procedures including the following:. Cases highlighted in RED were reviewed by the Planning Commission in September and were double advertised A-3

6 Page 4 Board Public Hearing Agenda October 14, 2015 o Establish a Declaration of No Impact to Floodplain, Floodplain Alteration Waiver, or Floodplain Alteration in accordance with the FSM, Procedures for Flood Alterations, FEMA approval of Floodplain Alterations. o Approval of a Zoning Permit for all development (including substantial improvements and grading). The Planning Commission voted (Ryan opposed; Syska absent) to recommend approval of the proposed amendment as amended by the Planning Commission. The Planning Commission did not recommend approval of all of the recommendations proposed by the Zoning Ordinance Action Group (ZOAG) and these are identified in further detail in the Issues Section of the Staff Report. Staff recommends approval of the proposed amendment as recommended by the Planning Commission, with the exception of; 1) allowing additional road crossings in the FOD (Major) through the Special Exception process; and 2) allowing parking not otherwise permitted in the FOD (Major) under certain conditions. Cases highlighted in RED were reviewed by the Planning Commission in September and were double advertised A-4

7 Projected Cases November December 10/1/2015 Planner Name D+C1:H1 Number Accepted PC PH Date BOS PH Date Brief Description 8istrict KLEIN TYLER CATHERINES REST INVISIBLETOWERS BLURDG SPEX /26/2015 9/15/ /14/2015 A 185' monopole in the AR-1 zoning district MONOPOLE KLEIN TYLER CATHERINES REST-INVISIBLETOWERS MONOPOLE BLURDG SPEX /27/ /14/2015 A special exception to allow development in the Mountainside Overlay District KLEIN TYLER CATHERINES REST-INVISIBLETOWERS BLURDG CMPT /27/2015 9/15/ /14/2015 A commission permit to allow a telecommunications monopole. MONOPOLE KLEIN TYLER VERIZON WIRELESS - ASHBURN CORP CENTER BRDRUN SPEX /17/2015 9/15/ /14/2015 Rooftop antennas on an existing building in the PD-IP Zoning District. KLEIN TYLER VERIZON WIRELESS - ASHBURN CORP CENTER BRDRUN CMPT /17/2015 9/15/ /14/2015 Antennas on an existing building in the PD-IP Zoning District. DUTY KELLY BMW OF STERLING BRDRUN ZMOD /18/ /20/ /10/2015 A zoning modification for a sign plan. DUTY KELLY LITTLE TREE HUGGERS LLC CATOCT SPMI /25/2015 N/A 11/10/2015 A daycare facility with a maximum of 12 children pursuant to (A)(6) due to a neighbor objection. KLEIN TYLER ASHBURN FARM SECTION 1 DECKS ASHBUR ZMOD /12/ /20/ /11/2015 Deck/Porch encroachment into rear yard. HARLOW EVAN BRAMBLETON HERMITAGE CT-FUJIWARA BLURDG ZCPA /5/ /20/ /11/2015 An amendment to the approved Zoning Concept Plan and proffers of ZMAP and ZCPA to allow encroachment in the proffered setback. HARLOW EVAN COMMUNITY CORNER - GAS PUMPS DULLES SPEX /20/2015 9/15/ /11/2015 Gas pumps accessory to a convenience food store. HARLOW DULLES 28 CENTRE BRDRUN ZMAP /28/2015 9/15/ /11/2015 Rezone approximately 1 acre from PD-IP ('72) to PD-CC(RC) JACKIE HARLOW JACKIE DULLES 28 CENTRE BRDRUN ZCPA /18/2013 9/15/ /11/2015 Modify the phasing proffers for office development and an existing stormwater management pond. SCHNEIDER MARCHANT BRAMBLETON SHREVEPORT SOUTH BLURDG ZMAP /17/ /20/ /9/2015 Rezone approximately acres from PD-IP and PD-GI to PDH-4 and PD- GI and CR1 to PD-IP. BIRKITT JUDI GUM SPRING VILLAGE CENTER DULLES SPEX /20/ /17/ /9/2015 Amend the Conditions of Approval of SPEX regarding the construction of Southpoint Drive to Gum Spring Road. BIRKITT JUDI GUM SPRING VILLAGE CENTER RESTAURANT DULLES SPEX /20/ /20/ /9/2015 Add an option to develop a 5,000 sf fast food restaurant with drive through in place of the bank. DUTY KELLY LANSDOWNE COVERED DECKS ASHBUR ZMOD /29/ /20/ /9/2015 A zoning modification to allow covered decks and porches to extend into the minimum required rear yards. KLEIN TYLER LOUDOUN STATION COMMUTER PARKING BRDRUN ZCPA /3/ /17/ /9/2015 Amend proffers and concept plan of ZMAP , as revised by ZCPA regarding a commuter parking garage BIRKITT JUDI LOUDOUN STATION TRANSIT BRDRUN ZCPA /3/ /17/ /9/2015 A ZCPA to amend the CDP with ZMAP & ZCPA to relocate the Transit Connector Bridge and Change the Station Access for the Ashburn Metrorail Station. KLEIN TYLER SILVER LINE PARKING STRUCTURE MOOREFIELD BRDRUN SPEX /3/ /17/ /9/2015 A special exception to allow parking structure in the PD-TRC zoning district. HARLOW JACKIE VINE AND BRANCHES CHILD CARE BLURDG SPEX /18/ /20/ /9/2015 A special exception to allow a child care center in the TR-3LF zoning district. Page Item I-1 BOS PH Briefing Att 2.xlsx Attachment 2 A-5

8 Projected Cases November December 10/1/2015 Planner Name D+C1:H1 Number Accepted PC PH Date BOS PH Date Brief Description 8istrict HARLOW JACKIE VINE AND BRANCHES CHURCH BLURDG SPEX /18/ /20/ /9/2015 A special exception to allow a church with seating capacity of more than 300 seats in the TR-3LF zoning district. HARLOW EVAN WOODLAND ROAD INDUSTRIAL PARK STRLNG ZRTD /9/ /17/ /9/2015 Rezone lots 1B and 2 of Woodland Road Industrial Park from PDGI under the 1972 Zoning Ordinance to PDGI under the Revised 1993 Ordinance. Page Item I-1 BOS PH Briefing Att 2.xlsx A-6