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Date of Meeting: July 15, 2015 # 3 BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM SUBJECT: ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024, SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009 Sunset Crest Manor ELECTION DISTRICT: Blue Ridge CRITICAL ACTION DATE: July 15, 2015 STAFF CONTACTS: Marchant Schneider, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning PURPOSE: Zoning Map Amendment (ZMAP), Special Exception (SPEX), and Minor Special Exception (SPMI) applications to: 1. Rezone 95.33 acres from the TR-3LBR (Transitional Residential-3, Lower Bull Run) and MR-HI (Mineral Resource Heavy Industry) zoning districts to the TR-10 (Transitional Residential-10) zoning district; 2. Permit integrated bed and breakfast, banquet/event facility, country inn with restaurant, conference and training center, and rural retreat uses; 3. Modify the development regulations applicable to the proposed SPEX and SPMI uses; specifically, standards regarding maximum Floor Area Ratio (FAR), perimeter buffer yards and screening, minimum setbacks for building, parking, and outdoor activity areas, parking lot landscaping and surface materials, maximum percentages of accessory uses, maximum number of events and attendees, and alternate use of public water and sewer; and; 4. Allow vehicle trips in excess of 600 per day on the project’s existing private access road (Mayhew Lane) to access a public road (Gum Spring Road/Route 659). RECOMMENDATIONS: Planning Commission: At its April 21, 2015 public hearing, the Planning Commission voted 9- 0 to forward the ZMAP and SPEX applications to the Board of Supervisors (Board) with a recommendation of approval, subject to amendments to the Conditions of Approval to include a well monitoring clause to assess new well impact on adjacent neighbors, and based on the enclosed Findings.

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Page 1: # 3 03... · Permit integrated bed and breakfast, banquet/event facility, country inn with restaurant, conference and training center, and rural retreat uses; 3. Modify the development

Date of Meeting: July 15, 2015

# 3

BOARD OF SUPERVISORS

BUSINESS MEETING

ACTION ITEM

SUBJECT: ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023,

SPEX-2012-0024, SPEX 2012-0025, SPMI-2012-0003,

SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006,

SPMI-2012-0008, SPMI-2012-0009

Sunset Crest Manor

ELECTION DISTRICT: Blue Ridge

CRITICAL ACTION DATE: July 15, 2015

STAFF CONTACTS: Marchant Schneider, Project Manager, Planning & Zoning

Ricky Barker, AICP, Director, Planning & Zoning

PURPOSE: Zoning Map Amendment (ZMAP), Special Exception (SPEX), and Minor Special

Exception (SPMI) applications to:

1. Rezone 95.33 acres from the TR-3LBR (Transitional Residential-3, Lower Bull Run) and

MR-HI (Mineral Resource – Heavy Industry) zoning districts to the TR-10 (Transitional

Residential-10) zoning district;

2. Permit integrated bed and breakfast, banquet/event facility, country inn with restaurant,

conference and training center, and rural retreat uses;

3. Modify the development regulations applicable to the proposed SPEX and SPMI uses;

specifically, standards regarding maximum Floor Area Ratio (FAR), perimeter buffer yards

and screening, minimum setbacks for building, parking, and outdoor activity areas, parking

lot landscaping and surface materials, maximum percentages of accessory uses, maximum

number of events and attendees, and alternate use of public water and sewer; and;

4. Allow vehicle trips in excess of 600 per day on the project’s existing private access road

(Mayhew Lane) to access a public road (Gum Spring Road/Route 659).

RECOMMENDATIONS:

Planning Commission: At its April 21, 2015 public hearing, the Planning Commission voted 9-

0 to forward the ZMAP and SPEX applications to the Board of Supervisors (Board) with a

recommendation of approval, subject to amendments to the Conditions of Approval to include a

well monitoring clause to assess new well impact on adjacent neighbors, and based on the

enclosed Findings.

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Item 3, ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024, SPEX 2012-0025,

SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006, SPMI-2012-0008,

SPMI-2012-0009 – Sunset Crest Manor

Board of Supervisors Business Meeting

July 15, 2015

Page 2

Staff: Staff can support the applications subject to the recommended Conditions of Approval

addressing the collective impact of the proposed applications on adjacent uses. As conditioned,

the proposal is consistent with the County’s land use policies regarding non-residential

development within the Transition Policy Area. Review of the final proffer statement and

conditions of approval by the County Attorney’s Office is anticipated to be completed prior to

the Business Meeting. An update will be provided at the Business Meeting.

BACKGROUND: Sunset Crest Manor is a 90+ acre private special event venue west of Gum

Spring Road (Route 659 Relocated) situated between Bull Run Quarry and Bull Run creek near

the County’s shared boundary with Prince William County (see Attachment 5). A manor house,

event barn, and multiple outdoor patio areas are used to host a variety of indoor and outdoor

events for up to 250 people, including weddings, corporate retreats, and seminars. The Applicant

proposes a combination of rural-related outdoor activities, special event/corporate retreat

facilities, overnight accommodations, and accessory restaurant use. Initial phases will utilize the

site’s existing two residences, event barn, and agricultural structures. Subsequent phases will

expand several existing structures and add separate lodging facilities, an equestrian center, a

chapel, a pavilion stage, and a farm market. Uses will be served by common parking areas. The

uses will allow up to 50 lodging rooms, a 60 seat restaurant and banquet and conference facilities

serving up to 400 persons. The area is governed by the policies of the Revised General Plan

(Transition Policy Area (Lower Bull Run subarea)), which designate this area for clustered

residential development at a density of one (1) dwelling unit per three (3) acres and non-

residential uses which provide a visual and spatial transition between suburban development to

the east and rural development to the west.

The Board held a public hearing on June 10, 2015. One member of the public addressed the

Board requesting the project be required to connect to public water/sewer and provide fencing

and minimum building setbacks along the northern property boundary. Board members

requested the Applicant describe how onsite utilities would be used to serve the property until

public utilities are extended to the area. Others indicated a preference for an early trigger to

provide a northbound left turn lane on Gum Spring Road. The Applicant agreed to provide the

requested information regarding use of onsite utilities and to consider the request for fencing

along the northern property boundary. The Board voted 9-0 to forward the applications to the

July 15, 2015 Board Business Meeting for action.

Staff reports and associated attachments for the hearings and worksessions preceding this

memorandum can be viewed online on the Loudoun Online Land Applications System (LOLA)

at www.loudoun.gov/lola, search “ZMAP-2012-0008.”

ISSUES: The applications were deferred to the July 15, 2015 Board Business Meeting in order

for Staff and the Applicant to conclude discussions regarding a development trigger for a

northbound left turn lane on Gum Spring Road. The enclosed Conditions of Approval

(Attachment 3) require the Applicant to construct the noted turn lane prior to uses on the

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Item 3, ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024, SPEX 2012-0025,

SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006, SPMI-2012-0008,

SPMI-2012-0009 – Sunset Crest Manor

Board of Supervisors Business Meeting

July 15, 2015

Page 3

Property exceeding 646 Average Daily Trips (ADT). Following construction of the turn lane,

uses on the Property will be limited to 1,818 ADT. Average trip generation will be determined

during site plan review. The Applicant has also agreed to a Condition of Approval to construct

fencing along the northern property boundary of Parcel B in conjunction with a Bed and

Breakfast Inn use on the parcel. Lastly, the Applicant has provided the requested information

regarding use of on-site utilities (Attachment 4). There are no other outstanding issues identified

by Staff.

FISCAL IMPACT: There is no discernible, immediate impact on County expenditures

associated with the ZMAP, SPEX and SPMI applications. The proposed commercial uses are

expected to result in a positive fiscal impact to the County. The Applicant has also agreed to

make a fire-rescue contribution per the adopted Board Fire and Rescue policy.

ALTERNATIVES: The Board may recommend approval, denial, or forward the applications to

a Committee meeting for further discussion. A timeline extension from the Applicant will be

necessary if the Board decides to continue discussions regarding the applications.

DRAFT MOTIONS:

1. I move that the Board of Supervisors approve ZMAP 2012-0008, SPEX 2012-0021, SPEX

2012-0023, SPEX-2012-0024, SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-

2012-0005, SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009 – Sunset Crest Manor,

subject to the Proffer Statement dated June 5, 2015, Conditions of Approval dated July 10,

2015, and based on the attached Planning Commission Findings for Approval (Attachment 1

of the July 15, 2015 Board of Supervisors Action Item).

OR

2. I move that the Board of Supervisors forward ZMAP 2012-0008, SPEX 2012-0021, SPEX

2012-0023, SPEX-2012-0024, SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-

2012-0005, SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009 – Sunset Crest Manor, to

the Transportation and Land Use Committee for further discussion. (A timeline extension

from the Applicant will be necessary).

OR

3. I move an alternate motion.

ATTACHMENTS:

1. Planning Commission Findings for Approval

2. Draft Proffer Statement dated June 5, 2015

3. Conditions of Approval dated July 9, 2015

4. Applicant Response Letter – Water and Sewer dated June 15, 2015

5. Vicinity Map

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PLANNING COMMISSION FINDINGS FOR APPROVAL

SUNSET CREST MANOR

ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024,

SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005,

SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009

1. The Zoning Map Amendment (ZMAP), Special Exception (SPEX), and Minor Special

Exception (SPMI) applications are consistent with the Revised General Plan (“RGP”) land use

policies regarding non-residential uses within the Transition Policy Area.

2. The ZMAP, SPEX, and SPMI applications are compatible with the rural residential,

agricultural, and quarry uses on adjacent properties. The Conditions of Approval will reduce

any negative impacts on such surrounding uses.

3. The ZMAP, SPEX, and SPMI applications adequately protect and mitigate impacts on the

environmental and natural features of the subject property and preserves appropriate

environmental resources on the subject property consistent with the Green Infrastructure

policies of the RGP.

4. Subject to approval of the Minor Special Exceptions for the proposed modifications to the

Additional Regulations, the Special Exception applications comply with the Revised 1993

Zoning Ordinance.

Attachment 1 A-1

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PROFFERS

SUNSET CREST MANOR, LLC

ZMAP 2012-0008

June 5, 2015

Philip I. Bolling, the owner of the property identified as Loudoun County PIN ## 210-18-6554

and 211-47-8260, together with Bolling Group, LLC, the owner of the approximately one-acre

portion of 211-39-5297 depicted on the Zoning Plat identified in Proffer 1.a, below, (jointly, the

“Owner” and the “Property”), on behalf of themselves and their successors in interest, hereby

voluntarily proffer, pursuant to Section 15.2-2303 of the Code of Virginia (1950), as amended,

and Section 6-1209 (A) of the Revised 1993 Loudoun County Zoning Ordinance (the "Zoning

Ordinance"), that in the event the Property is rezoned by the Loudoun County Board of

Supervisors (the "County") from the TR-3 and MR-HI zoning districts, as applicable, to the TR-

10 zoning district under the Zoning Ordinance that development of the Property shall conform to

the following conditions. Portions of the Property are subject to the Quarry Notification Overlay

District and the Floodplain Overlay District, which will remain in effect upon approval of ZMAP

2012-0008.

These proffers shall supersede the prior commitments approved by the Board of Supervisors

pursuant to ZMAP-2002-0008 and SPEX-2002-0016 (the "Luck Stone Approvals") as they relate

to the portion of Loudoun County PIN #211-39-5297 included in ZMAP 2012-0008. Nothing

contained herein shall modify the Luck Stone approvals as they relate to the balance of the

property encumbered by the Luck Stone Approvals, which shall continue to remain in full force

and effect.

1. ZONING PLAT

a. The development of the Property shall be in substantial conformance with the

Zoning Plat, identified as Sheets 1 and 3 (together comprising and herein referred

to as the “Zoning Plat”) of the plan set titled “Sunset Crest Manor Zoning Map

Amendment & Special Exception, dated March 26, 2010, revised through March

18, 2015 prepared by Zicht & Associates, PLC (the "Plans").

b. The uses permitted on the Property shall be limited to those allowed under the

TR-10 zoning district. The Owner reserves the right to pursue any TR-10 special

exception uses, the review and approval of which shall not require a Zoning

Concept Plan Amendment application and only require special exception review

and approval.

Attachment 2

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ZMAP 2012-0008

Page 2

2. OPEN SPACE

Any development of the Property shall maintain a minimum of 70 percent open space,

which shall be defined for the purpose of this proffer as any land area on the Property not

covered by buildings, paved driveways, walkways and other impermeable surfaces.

Should a residential subdivision ever be proposed for the Property, then the open space

requirements of Section 5-701 of the Zoning Ordinance will apply to the Property.

3. BULL RUN SETBACK AND BUFFER

The Zoning Plat includes a 150-foot stream setback and a 300-foot Bull Run buffer. The

provisions of Section 5-1003 of the Zoning Ordinance shall govern the existing building

and the driveway accessing the existing building that currently are located within this

setback and buffer. Elsewhere within the 300-foot Bull Run buffer, the following uses

shall be permitted: bridges and driveway crossings; utilities and utility right-of-ways;

stormwater management facilities subject to Best Management Practice ("BMP")

requirements; lakes and ponds subject to BMP requirements; paths and trails of a

permeable material only limited to footpaths, biking paths, hiking paths and horse trails;

passive recreation limited to hiking, biking, horseback riding, picnicking, camping,

climbing, hunting, fishing and wildlife viewing; points of entry to Bull Run for

swimming and non-powered boating only; agricultural activities, but not structures,

subject to appropriate BMP requirements; silviculture to care for existing trees and

forests, but not commercial forestry subject to appropriate BMP requirements; planting

native vegetation subject to appropriate BMP requirements; and conservation activities

including stream restoration activities, scientific, nature and archeological studies and

education programs.

4. SITE LIGHTING

All non-residential exterior lighting fixtures shall be full cut-off and fully shielded,

directed inward and downward, and designed to prevent glare on adjacent properties.

Such lighting shall be shown on any site plans required for the development of the

Property.

5. TREE CONSERVATION AREAS

Existing vegetation will be preserved in its natural condition within the areas depicted on

the Property with a diagonal line pattern and labeled as “Tree Conservation Areas.” No

clearing or grading activities shall occur within the areas designated as “Tree

Conservation Areas,” except upon consultation with the County Urban Forester prior to

the removal of any such vegetation where needed for the installation of underground

utilities such as the extension of central water and/or sewer lines but not for drainfields,

and selected clearing of any dead, damaged, dying or diseased trees and vegetation, or

any tree or vegetation that interferes with the functioning of any utility or drainage

easement or that poses a safety hazard. If the County Urban Forester grants permission,

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ZMAP 2012-0008

Page 3

the Owner shall remove such trees and shall replace each such tree with two (2) 2½ - 3

inch caliper native, non-invasive deciduous trees either within the designated Tree

Conservation Area or proximate to the area of each such trees so removed, or in another

area as approved by the County Urban Forester .

Boundaries of the Tree Conservation Areas shall be delineated on all record plats, sketch

plans and/or site plans, whichever is applicable. The record plat, sketch plan or site plan

for any portion of the Property containing a Tree Conservation Area shall contain a note

stating that the removal of trees within the Tree Conservation Area is prohibited, except

with the permission of the County Urban Forester pursuant to this proffer. A Tree

Conservation Easement running to the benefit of the County in a form approved by the

County Attorney shall be recorded for the “Tree Save” area, with such easement to be

recorded prior to approval of the first site plan or concurrently with the recordation of the

first record plat for the Property, whichever occurs first.

6. COUNTERPARTS

These proffers may be executed in one or more counterparts, each of which when so

executed and delivered shall be deemed an original document and all of which taken

together shall constitute but one in the same instrument.

The undersigned hereby warrants that all owners with a legal interest in the Property have signed

this Proffer Statement, that no signature from any additional party is necessary for these Proffers

to be binding and enforceable in accordance with their terms, 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.

[SIGNATURES ON FOLLOWING PAGES]

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ZMAP 2012-0008

Page 4

TITLE OWNER OF

Loudoun County PIN ## 210-18-6554 and 211-47-8260

PHILIP I. BOLLING

By: _________________________________________

STATE OF ______________________)

) to-wit:

COUNTY/CITY OF ________________

The foregoing Proffer Statement was acknowledged before me this ____ day of

____________, 2015, by ___________________________, as _________________________

of _____________________________________________________________.

______________________________

Notary Public

My Commission Expires: ___________________

[SIGNATURES CONTINUE ON NEXT PAGE]

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ZMAP 2012-0008

Page 5

TITLE OWNER OF

Loudoun County PIN # 211-39-5297

BOLLING GROUP, LLC

A Virginia Limited Liability Company

By: _________________________________________

Name: _________________________________________

Title: _________________________________________

STATE OF ______________________)

) to-wit:

COUNTY/CITY OF ________________

The foregoing Proffer Statement was acknowledged before me this ____ day of

____________, 2015, by ___________________________, as _________________________

of _____________________________________________________________.

______________________________

Notary Public

My Commission Expires: ___________________

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SUNSET CREST MANOR

SPECIAL EXCEPTIONS AND MINOR SPECIAL EXCEPTIONS

CONDITIONS OF APPROVAL

July 9, 2015

SPEX 2012-0021, SPMI 2012-0003 CONFERENCE AND TRAINING CENTER (LEVEL IV)

SPEX 2012-0024, SPMI 2012-0006 RURAL RETREAT (LEVEL III – LARGE SCALE)

SPEX 2012-0025 VEHICLE TRIPS / ROAD ACCESS STANDARDS

SPEX 2012-0023, SPMI 2012-0005 COUNTRY INN WITH RESTAURANT

SPMI 2012-0008, SPMI 2012-0009 BANQUET / EVENT FACILITY

SPMI 2012-0004 BED AND BREAKFAST INN MODIFICATIONS

1. Substantial Conformance. The development of the Special Exception and Minor

Special Exception uses (the “SPEX Uses”) described in Condition 2 below shall be in substantial conformance with Sheets 1, 4, and 7 of 7 of the plat entitled, “Sunset Crest Manor Zoning Map Amendment & Special Exception” dated March 26, 2010, and revised through March 18, 2015, prepared by Zicht and Associates, PLC, (the “SPEX Plat”) incorporated herein by reference, and the Revised 1993 Loudoun County Zoning Ordinance (the “Zoning Ordinance”). Approval of these applications for the 12.19-acre parcel identified as Tax Map Number 108////////11C (PIN: 210-18-6554), the 82.14-acre parcel identified as Tax Map Number 108////////11B (PIN: 211-47-8260), and the approximately 0.95-acre portion of the parcel identified as Tax Map Number 109////////13/ (PIN: 211-39-5297), as delineated on Sheet 4 of the SPEX Plat and labeled as, “Boundary of Proposed Rezoning” (the “Property”) shall not relieve the applicant or the owner(s) of the Property, their successors, or parties developing, establishing, or operating the approved SPEX Uses (the “Applicant”) from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or regulatory requirement.

2. Uses Permitted. These Special Exceptions and Minor Special Exception grant approval for a Conference and Training Center (Level IV), Rural Retreat (Level III- Large Scale), Country Inn with Restaurant, and Banquet / Event Facility use in accordance with Table 2-1402 of Section 2-1402 of the TR-10 (Transitional Residential-10) zoning district regulations and pursuant to the Additional Regulations set forth in Section 5-600 of the Zoning Ordinance except as modified in Condition 5 below.

Attachment 3

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SPEX 2012-0021, SPEX 2012-0023, SPEX 2012-0025, SPMI 2012-0008, SPMI 2012-0003, SPMI 2012-0004, SPMI 2012-0005, SPMI 2012-0006, SPMI 2012-0009, Sunset Crest Manor

CONDITIONS OF APPROVAL July 9, 2015 Page 2 of 8

3. Use Restrictions. Prior to the construction of a northbound left turn lane on Gum

Spring Road pursuant to Condition 8, the use of the Property shall not exceed 646 Average Weekday Daily Trips (ADT) per the “Revised Phase 1 Trip Generation Summary w/ Off-Peak Trips” (“Phase I”) as specified in the “Sunset Crest Trip Generation Revised Table 7 w/Off-Peak Uses” dated June 1, 2015 prepared by Pennoni Associates, Inc., attached to these Conditions as Exhibit A. Flexibility is permitted among the assumed uses and square footages listed within Phase I, where applicable, provided the 646 ADT is not exceeded.

Once a northbound left turn lane on Gum Spring Road is constructed and available for use by traffic pursuant to Condition 8, the use of the property shall not exceed 1,818 ADT per the “Revised Phase 2 Trip Generation Summary w/ Off-Peak Trips” (“Phase 2”) as specified in Exhibit A. Flexibility is permitted among the assumed uses and square footages within Phase II, where applicable, provided the 1,818 ADT is not exceeded. A Site Plan (STPL), Site Plan Amendment (SPAM), Rural Economy Site Plan (REST) or Sketch Plan shall demonstrate the ADT described in this Condition 3 will not be exceeded by means of establishing maximum approved occupancy levels and/or building square footages, upon consultation with the Loudoun County Department of Transportation and Capital Infrastructure (DTCI). Each STPL, SPAM, REST, or Sketch Plan shall include the proposed use(s) and previously approved use(s) to show the average weekday daily trip generation based on either (i) the trip rates used in the current edition of the Institute of Transportation Engineers (ITE) Trip Generation “Manual,” (ii) the trip rates used in the traffic impact analysis prepared by Pennoni Associates, Inc. as amended, [which one??] submitted in conjunction with these SPEX Uses at 1.36 trips (two-way) per person, or (iii) effective trip rates approved in writing by DTCI.

4. SPEX Uses within Building 2 / Boundary Line Adjustment. A Boundary Line Adjustment application to adjust the common boundary between Parcel A and B to adjust Building 2 into Parcel A, as depicted on the SPEX Plat, shall be approved and recorded among the land records in the Office of the Clerk of the Circuit Court of Loudoun County, Virginia, prior to approval of the first site plan, sketch plan, or building/zoning permit allowing SPEX Uses within Building 2, whichever occurs first.

5. Modification of Additional Regulations for SPEX Uses. The Minor Special Exceptions grant approval of the following modifications of the Additional Regulations applicable to the SPEX and SPMI uses described in Condition 2 above and as listed on the SPEX Plat:

Zoning Ordinance Section Proposed Modification

§5-601(B)(1)(d), Bed and Breakfast Inn,

Increase the maximum FAR for a Bed and Breakfast Inn from 0.04 to 0.05.

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SPEX 2012-0021, SPEX 2012-0023, SPEX 2012-0025, SPMI 2012-0008, SPMI 2012-0003, SPMI 2012-0004, SPMI 2012-0005, SPMI 2012-0006, SPMI 2012-0009, Sunset Crest Manor

CONDITIONS OF APPROVAL July 9, 2015 Page 3 of 8

Zoning Ordinance Section Proposed Modification

Intensity/Character, Size of Use.

§5-601(B)(2)(a) and (b), Bed and Breakfast Inn, Landscaping/Buffering/Screening.

Permit the use of existing on-site vegetation to screen outdoor private party areas in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and

Permit the use of existing on-site vegetation in lieu of providing off-street parking areas and service areas for loading and unloading with 1 canopy tree per each 10 parking or 2 loading spaces.

§5-601(C)(1)(d)(i) and (ii), Country Inn, Intensity/Character, Size of Use.

Increase the maximum FAR for a Country Inn from 0.04 to 0.05; and

Permit a restaurant located on the subject property to exceed 49% of the total floor area of the Country Inn.

§5-601(C)(1)(f)(i) and (ii), Country Inn, Intensity/Character, Private Parties.

For private parties permitted to be held daily at a Country Inn, increase the maximum number of attendees from 100 to 324 (to correspond with the maximum number of attendees permitted for a Banquet/Event Facility on the subject property); and

Permit private parties for more than 100 attendees, including overnight guests, to be held more than 20 times per calendar year.

§5-601(C)(1)(h)(i), (ii), and (iii), Country Inn, Intensity/Character, Yard Standards.

Reduce the minimum setback for a Country Inn use from 100 feet to 50 feet from all lot lines; and

Reduce the minimum setback for parking for a Country Inn use from 100 feet to 25 feet from all lot lines; and

Reduce the minimum setback for outdoor private party areas from 200 feet to 175 feet from all lot lines.

§5-601(C)(2)(a) and (b), Country Inn, Landscaping/Buffering/Screening.

Permit the use of existing on-site vegetation to screen outdoor private party areas in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and

Permit the use of existing on-site vegetation in lieu of providing off-street parking areas and service areas for loading and unloading with 1 canopy tree per each 10 parking or 2 loading spaces.

§5-601(D)(3), Rural Retreats and Resorts, Setbacks.

Reduce the minimum setback for new buildings and parking from 200 feet to 50 feet from adjacent properties.

§5-601(D)(5), Rural Retreats and Resorts, Water and Sewer.

Permit a Rural Retreat use located in the TR-10 zoning district to be served by public water and sewer.

§5-601(D)(8)(b)(i) and (iii), Rural Retreats and Resorts, Size of Use.

Permit Banquet/Event Facilities and conference and training facilities to be greater than or equal to 50% of the total floor area of the Rural Retreat; and

Increase the maximum FAR for a Rural Retreat from 0.04 to 0.05.

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SPEX 2012-0021, SPEX 2012-0023, SPEX 2012-0025, SPMI 2012-0008, SPMI 2012-0003, SPMI 2012-0004, SPMI 2012-0005, SPMI 2012-0006, SPMI 2012-0009, Sunset Crest Manor

CONDITIONS OF APPROVAL July 9, 2015 Page 4 of 8

Zoning Ordinance Section Proposed Modification

§5-601(D)(8)(c)(iii), Rural Retreats and Resorts, Yard Standards.

Reduce the minimum required yard for a Level III-Rural Retreat from 250 feet to 25 feet from all lot lines.

§5-601(D)(8)(d)(i) and (ii), Rural Retreats and Resorts, Landscaping/Buffering/Screening.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and

Permit the use of existing on-site vegetation in lieu of providing off-street parking areas and service areas for loading and unloading with 1 canopy tree per each 10 parking or 2 loading spaces.

§5-601(D)(8)(f)(ii), Rural Retreats and Resorts, Parking, Surface.

Permit all parking areas serving the Rural Retreat to use gravel and/or field parking in lieu of a dust-free surfacing material as provided in the Facilities Standards Manual (FSM).

§5-640(B)(1), Conference and Training Centers, Size of Use, Floor Area Ratio.

Increase the maximum FAR for a Conference and Training Center from 0.04 to 0.05.

§5-640(B)(2), Conference and Training Centers, Size of Use, Accessory Uses.

Permit banquet and dining facilities to exceed 20% of the total area of the principle permitted structure, and permit lodging facilities to constitute over 40% of the total area of the principal permitted structure.

§5-640(C)(1) and (2), Conference and Training Centers, Landscaping/Buffering/Screening, Buffer and Parking Areas.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and

Permit the use of existing on-site vegetation in lieu of providing off-street parking areas and service areas for loading and unloading with 1 canopy tree per each 10 parking or 2 loading spaces.

§5-640(E)(2), Conference and Training Centers, Parking, Surface.

Permit all parking areas serving the Conference and Training Center to use gravel and/or field parking in lieu of a dust-free surfacing material as provided in the FSM.

§5-642(A)(3), Banquet/Event Facility, Intensity/Character, Floor Area.

Increase the maximum FAR for a Banquet/Event Facility from 0.04 to 0.05.

§5-642(A)(4)(b) and (c), Banquet/Event Facility, Intensity/Character, Location on Site/Dimensional Standards.

Reduce the minimum setback for parking for a Banquet/Event Facility from 100 feet to 25 feet from all lot lines; and

Reduce the minimum setback for outdoor private party areas from 200 feet to 175 feet from all lot lines.

§5-642(B)(1) and (2), Banquet/Event Facility, Landscaping/Buffering/Screening, Buffer and Parking Areas.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing the minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and

Permit the use of existing on-site vegetation in lieu of providing off-street parking areas and service areas for

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CONDITIONS OF APPROVAL July 9, 2015 Page 5 of 8

Zoning Ordinance Section Proposed Modification

loading and unloading with 1 canopy tree per each 10 parking or 2 loading spaces.

§5-653(A), Landscaping Standards for Specific Uses, Setbacks or Yards Adjacent to Certain Sized Lots.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing the minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard.

§5-653(B), Landscaping Standards for Specific Uses, Parking Areas.

Permit the use of existing on-site vegetation in lieu of providing off-street parking areas and service areas for loading and unloading with 1 canopy tree per each 10 parking or 2 loading spaces.

6. Buffering and Screening Modification. Pursuant to Section 5-1403(C) of the

Zoning Ordinance, these SPEX Uses grant approval of the following modification to

the Buffering and Screening regulations of Section 5-1400, subject to Condition 6.a.

Zoning Ordinance Section Proposed Modification

Table 5-1414(B) of §5-1414(B), Buffer Yard and Screening Matrix, Buffer Yard.

Permit the “300’ Bull Run Buffer” and “Tree Conservation

Areas” shown on Sheets 4, 5 and 7 of the SPEX Plat and

buffering and screening on PINs: 211-28-3316 and 211-39-

5297 associated ZMAP 2002-0018, SPEX-2002-0016, Luck

Stone Bull Run Quarry, to satisfy the Buffering and Screening

Requirements of Section 5-1400 of the Zoning Ordinance.

a. Buffers Yards Adjacent to Luck Stone Bull Run Quarry. Should buffering and

screening on PINs: 211-28-3316 and 211-39-5297 associated with ZMAP 2002-

0018, SPEX-2002-0016, Luck Stone Bull Run Quarry, be amended, the Applicant

shall satisfy the Buffering and Screening Requirements of Section 5-1400 of the

Zoning Ordinance in conjunction with any STPL, SPAM, REST, or Sketch Plan

submitted for the SPEX Uses subsequent to said amendment. 7. Utilities. The cumulative number, size, and operation of the SPEX Uses on the

Property shall be limited to the capacity of onsite water and sewage disposal systems approved by the Loudoun County Health Department until such time as the Property is connected to the public central sanitary sewer and/or public water supply system. Onsite water and sewage disposal systems shall be depicted on the first site plan or sketch plan for the SPEX Uses unless connected to the public central sanitary sewer and/or public water supply system.

8. Improvements / Gum Spring Road (Route 659). The Applicant shall construct and open to traffic a northbound left turn on Gum Spring Road (Route 659) to Mayhew Lane prior to cumulative SPEX uses on the Property exceeding 646 ADT as specified in Condition 3. Such construction shall be completed consistent with

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CONDITIONS OF APPROVAL July 9, 2015 Page 6 of 8

County and VDOT standards. Occupancy Permits shall not be issued for cumulative SPEX Uses and Bed and Breakfast use on the Property exceeding 646 ADT until the Applicant has provided (i) written documentation from County Building and Development or Zoning Administration staff that the said northbound turn lane has been constructed and open to traffic, or (ii) written documentation from Zoning Administration staff that the said payment, action, or other act or activity is no longer a prerequisite for issuance of such occupancy permit, or (iii) such other documentation or evidence of either of the foregoing which may hereafter be established by the County as suitable confirmation of same.

a. Right of Way / Easements. The Applicant shall dedicate from the Property, at no

public cost, right-of-way, along with all necessary road construction and maintenance related easements located outside of the right-of-way, sufficient to accommodate the northbound turn lane on Gum Spring Road as described in Condition 8 Any right-of-way and all related easements necessary to accommodate said turn lane shall be dedicated prior to approval of a site plan or sketch plan triggering said turn lane, with requisite construction plans, plats and deeds prepared by the Applicant.

b. Off-site Right-of-Way / Easements. If off-site right-of-way and/or easements

needed for the northbound turn lane on Gum Spring Road as described in Condition 8 above is not available, the Applicant shall make a good faith effort to acquire the same by purchase at fair market value or otherwise. Applicant shall advise the County of such acquisition efforts and shall, to the best of their ability, attempt to acquire such off-site rights-of-way and/or easements without the need for eminent domain proceedings. Where, after good faith efforts, the said right-of-way and/or easements cannot be obtained either voluntarily or through purchase by the Applicant, then the Applicant may request the County to acquire such right-of-way and/or easements by appropriate eminent domain proceedings, with all costs associated with such eminent domain proceedings to be borne by the Applicant, including, but not limited to, the land acquisition costs and appraisal fees. The initiation and prosecution of such eminent domain proceedings shall be solely within the discretion of the County. In the event the County elects not to initiate or prosecute such eminent domain proceedings, the Applicant shall have no further responsibility to acquire such right-of-way and/or easements. In the event the County elects to defer the initiation of eminent domain proceedings, the Applicant’s obligation to acquire off-site right-of-way and/or easements shall be similarly deferred, but development of the SPEX Uses and Bed and Breakfast use on the Property may proceed.

9. Road Access Standards. Pursuant Table 5-654 of Section 5-654 of the Zoning

Ordinance, Special Exception (SPEX 2012-0025) grants approval of the use of an onsite road (Mayhew Lane), constructed pursuant to a Type A1 Roadway standard

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CONDITIONS OF APPROVAL July 9, 2015 Page 7 of 8

per the Facilities Standards Manual (FSM), and with more than 600 vehicle trips per day, to access Gum Spring Road (Route 659), a public road.

10. Special Exception Compliance Information. The Applicant shall include with any future STPL, SPAM, REST, or Sketch Plan for the SPEX Uses on the Property a “Summary of Permitted SPEX and SPMI Uses” demonstrating conformance with the use restrictions described in Conditions 3 and 8. Such “Summary of Permitted SPEX and SPMI Uses” shall include, but shall not be limited to: 1) number of SPEX Uses and Bed and Breakfast use permitted, existing or proposed; 2) total guest rooms permitted, constructed and/or proposed; 3) total restaurant seats permitted, provided and/or proposed; and 4) total persons permitted to attend events principally held by SPEX Uses on a weekday/weekend, existing attendance and/or proposed attendance. The Applicant shall update this “Summary of Permitted SPEX and SPMI Uses” with each subsequent site plan or sketch plan for the SPEX Uses. All zoning permit applications for the SPEX Uses shall include a cumulative number of guest rooms, restaurant seats, and weekday / weekend event attendance approved by prior zoning permits for SPEX Uses and Bed and Breakfast uses on the Property. The Applications shall also include a table listing by each Building, as depicted on the SPEX Plat, existing and proposed SPEX uses, existing and proposed guest rooms, and existing and proposed restaurant seat.

11. Site Plan Required. Commencement of any of the SPEX Uses and Bed and Breakfast use at the Property will require the approval of a STPL, REST, or Sketch Plan, as applicable and issuance of a Zoning Permit pursuant to Sections 6-700 and 6-1000 of the Zoning Ordinance, respectively, and may be subject to additional requirements.

12. Fence Adjacent to Katebini Boundary / PIN: 210-18-8799. The Applicant shall construct a three-strand wire fence with metal posts, or other similar structure at the Applicant’s option, along the common property boundary between “Parcel B” and PIN: 210-18-8799 within the “Tree Conservation Areas” depicted on the SPEX Plat. The proposed fence shall be included on the STPL, SPAM, REST or Sketch Plan, as applicable, when a Bed and Breakfast Inn use is established on Parcel B and shall be constructed prior to the issuance of the Occupancy Permit for a Bed and Breakfast Inn use on Parcel B.

Note. Fire and Rescue Contribution. Prior to Zoning Permit approval for each of the SPEX Uses, the Applicant has agreed to make a one-time contribution for the benefit of the servicing fire and rescue companies in the amount of Ten Cents ($0.10) per square foot of the gross square footage associated with each of the SPEX Uses which shall be payable to the County for distribution by the County to the volunteer fire and rescue companies providing service to the Property. This contribution shall be paid at the time of Zoning Permit approval for the square footage included in that Zoning Permit approval. The amount of such contribution shall be adjusted annually from the base

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CONDITIONS OF APPROVAL July 9, 2015 Page 8 of 8

year of 1988, and change effective each January 1st thereafter, in accordance with changes to the Consumer Price Index, for all urban consumers (CPI-U), 1982-1984=100 (not seasonally adjusted) as published by the Bureau of Labor Statistics, U.S. Department of Labor, for the Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan Statistical Area (the “CPI”). Contributions pursuant to this paragraph shall be divided equally between the servicing fire and rescue companies providing fire and rescue services to the Property. Notwithstanding the foregoing, if at the time of the application for any such zoning permit, the primary servicing fire and rescue companies do not utilize, to any significant extent, either volunteer staff or apparatus owned by a volunteer organization, then no contribution shall be provided by the Owner. 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 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.

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Sunset Crest Manor Sunset Crest Trip Generation 6/1/2015

ITE

Code Land Use Amount In Out Total In Out Total In Out Total In Out Total In Out Total ADT

210 Single-Family Detached 2 units 1 1 2 2 1 3 20 2 1 3 24

310 Hotel 10 occupied rooms 4 3 7 3 4 7 89 4 4 9 105

560 Church * 6,000 SF 2 1 3 3 4 7 55 0 0 0 0

N/A Event** 324 Persons 146 30 176 439

Peak Hour *** 55 Persons 26 4 30 4 26 30 75

Off Peak 9-4 weekdays *** 100 Persons 48 7 55 8 47 55 136

Evening 7-10 weekdays **** 200 Persons 15 95 110 271

Total Trips 33 9 42 13 35 47 646 152 36 188 568

Change from 2013 Traffic Statement (2) (1) (3) (1) (2) (3) 331 28 2 30 85

Percentage Change -6% -8% -6% -5% -6% -6% 105% 22% 6% 19% 18%

* Church will not be open for service on Saturday. Effective Trips for Sunday less than event uses.

** Event shown for Saturday peak and Daily trips.

***Maximum 100 visitors on weekdays daily. Trips are estimated from traffic statement, based on trip rates derived for events, calculated as a per person average at 1.36 trips/person attending. Used Total ADT for max trips.

Roadway peak period between 7-8 AM and between 4-6 PM weekdays.

****Maximum 200 visitors on weekday evenings daily, with reduced through traffic on Route 659. Shown to calculate Daily trips vpd counts if evening activity.

ITE

Code Land Use Amount In Out Total In Out Total In Out Total In Out Total In Out Total ADT

210 Single-Family Detached 2 units 1 1 2 2 1 3 20 2 1 3 24

310 Hotel 50 occupied rooms 19 14 34 17 18 35 446 22 22 44 525

560 Church * 6,000 SF 2 1 3 3 4 7 55 0 0 0 0

931 Quality Restaurant 60 seats 1 0 2 10 5 16 172 12 8 20 169

N/A Event** 400 Persons 181 37 218 542

Sat. Event (Off Peak) ** 250 Persons 0 0 0 339

Peak Hour *** 180 Persons 86 13 99 14 85 99 244

Off Peak 9-4 weekdays *** 300 Persons 22 143 165 3 162 165 407

Evening 7-10 weekdays **** 350 Persons 22 171 193 3 190 193 475

Total Trips 110 30 140 47 113 160 1,818 216 68 284 1,598

Change from 2013 Traffic Statement 14 (4) 10 (15) 2 (13) 470 61 7 69 (150)

Percentage Change 15% -11% 8% -24% 2% -8% 35% 40% 12% 32% -9%

* Church will not be open for service on Saturday. Effective Trips for Sunday less than event uses.

** Event shown for Saturday peak and Daily trips. Off Peak Sdaturday shown to if more thabn 1 evwent occurs. Peak traffic not the same time as 400 person event.

***Maximum 300 visitors on weekdays daily. Trips are estimated from traffic statement, based on trip rates derived for events, calculated as a per person average at 1.36 trips/person attending. Used Total ADT for max trips.

Roadway peak period between 7-8 AM and between 4-6 PM weekdays.

****Maximum 350 visitors on weekday evenings daily, with reduced through traffic on Route 659. Shown to calculate Daily trips vpd counts if evening activity.

Revised Table 4 w/ Off-Peak Uses

Development: Sunset Crest Manor

Revised Phase 1 Trip Generation Summary w/ Off-Peak TripsAM Peak Hour AM Off-Peak PM Peak Hour PM Off-Peak SAT Peak HourADT (veh

per Day)

Revised Table 7 with Off-Peak Uses

Development: Sunset Crest Manor

Revised Phase 2 Trip Generation Summary w/ Off -Peak TripsAM Peak Hour AM Off-Peak PM Peak Hour PM Off-Peak SAT Peak HourADT (veh

per Day)

Pennoni Sunset Crest Manor_20150427rev_warrants.xls

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Attachment 4

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VICINITY MAP

SUNSET CREST MANOR

ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024,

SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005,

SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009

Directions - From Leesburg, take Route 15 south to Gilberts Corner. Follow signs for Route 50

east. Turn south (right) onto Gum Spring Road / Route 659. Cross Braddock Road and Cedar

Ridge Boulevard. Turn right onto Mayhew Lane (approximately ¼ mile south of Cedar Ridge

Boulevard). Mayhew Lane ends at the subject property (42230 42128, 42169 Mayhew Lane).

Attachment 5