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Attachments and Plats for land use items can be accessed using the following link: http://www.loudoun.gov/Default.aspx?tabid=312&fmpath=//Public%20Hearing%20Packets/2012/01-10-12%20PH%20Packet/Attachments%20and%20Plats

LOUDOUN COUNTY BOAD OF SUPERVISORS PUBLIC HEARING

Tuesday, January 10, 2012

6:00 p.m.

AGENDA

I. CALL TO ORDER II. PUBLIC HEARING ITEMS FOR CONSIDERATION:

1. Notice of Intent to Amend the Fiscal Year 2012 Budget, Debt Service Fund, and Capital Improvement Program Election District: Countywide Staff Contacts: Jo Ellen Kerns & Mark Adams, Management & Financial Services

2. ZRTD 2011-0005 & SPEX 2011-0022, 21550 & 21580 Beaumeade Circle Election District: Broad Run Staff Contacts: Marchant Schneider & Julie Pastor, Planning Department

3. SPEX 2010-0014, Kids ‘N Critters Daycare Election District: Countywide Staff Contact: Jane McCarter & Julie Pastor, Planning Department

http://www.loudoun.gov/Default.aspx?tabid=312&fmpath=//Public%20Hearing%20Packets/2012/01-10-12%20PH%20Packet/Attachments%20and%20Plats�

http://www.loudoun.gov/Default.aspx?tabid=312&fmpath=//Public%20Hearing%20Packets/2012/01-10-12%20PH%20Packet/Attachments%20and%20Plats�

LOUDOUN COUNTY BOAD OF SUPERVISORS PUBLIC HEARING

Tuesday, January 10, 2012

6:00 p.m.

AGENDA SUMMARY

I. CALL TO ORDER II. PUBLIC HEARING ITEMS FOR CONSIDERATION:

1. Notice of Intent to Amend the Fiscal Year 2012 Budget, Debt Service Fund, and Capital Improvement Program At the December 6, 2011 Board of Supervisors’ meeting, Item 8k was presented and approved regarding the use of FY 2011 available fund balance in the General Fund. Included in the item was $25,517,774 in the Debt Service Fund for debt payoff of the 2002 and 2003 General Obligation bonds and the 2003 Lease Revenue bond and cash funding in the Capital Improvement Program to replace bond financing of FY 2012 capital projects in the amount of $7,441,868. These actions will result in Debt Service Fund interest savings of $8,032,800 and Capital Improvement Program interest savings of $1,813,651. Staff recommends that the Board of Supervisors authorize the proposed revisions to the Adopted FY 2012 General Fund, Capital Improvement Program and Debt Service Fund in the amount of $32,959,642.

2. ZRTD 2011-0005 & SPEX 2011-0022, 21550 & 21580 Beaumeade Circle

M U S R E F Beaumeade Circle LP of Seattle, Washington, has submitted an application to rezone approximately 10.16 acres from the PD-IP (Planned Development-Industrial Park) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance in order to permit the development of all principal and accessory uses permitted in the PD-IP zoning district at a maximum Floor Area Ratio (FAR) of 0.4 (up to 0.6 by Special Exception). The subject property is located within the Route 28 Taxing District and within the AI (Airport Impact) Overlay District, between the Ldn 60-65 aircraft noise contours associated with Dulles International Airport. The Applicant has also submitted an application for a special exception (SPEX 2011-0022) to permit office, administrative, business, or professional uses (data center), which do not meet the performance criteria contained in Section 4-503(G). The subject property is located on the south side of the intersection of Guilford Drive and Beaumeade Circle (Route 3037), at 21550 and 21580 Beaumeade Circle, Ashburn, Virginia, in the Broad Run (formerly Dulles) Election District. The property is more particularly described as Tax Map Number /80///8////14/ (PIN# 060-19-8443). The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Ashburn Community) and Route 28 Corridor Policy Area, which designate this area for Route 28 Business uses and recommend a FAR of up to 1.0.

Public Hearing January 10, 2012 Agenda Summary Page 2

The Application is being double advertised with the Planning Commission Public Hearing occurring December 21, 2011. Staff can support the applications. The requested zoning district conversion and accompanying special exception for data center use are consistent with the Route 28 Business Area policies of the Revised General Plan.

3. SPEX 2010-0014, Kids ‘N Critters Daycare Cattail Extraordinary, LLC, of Purcellville, Virginia has submitted an application for a special exception to permit a child care center in the JLMA-3 (Joint Land Management Area-3) zoning district. The property is also located partially within the FOD (Floodplain Overlay District). This application is subject to the Revised 1993 Zoning Ordinance and the proposed use is listed as a Special Exception use under Table 2-1203 of Section 2-1203, subject to the additional regulations of Section 5-609(B). The property is approximately 3.9 acres in size and is located on the south side of Edwards Ferry Road (Route 773), approximately 0.6 mile east of the intersection of Battlefield Parkway NE and Edwards Ferry Road, at 42951 Edwards Ferry Road, Leesburg, Virginia, in the Catoctin Election District. The area is governed by the policies of the Revised General Plan (Leesburg Joint Land Management Policy Area), the 2010 Revised Countywide Transportation Plan, Leesburg Area Management Plan, Loudoun County Bicycle and Pedestrian Mobility Master Plan, and Countywide Retail Plan, which designate this area for Residential uses. Staff recommends approval. The decision deadline is February 1, 2012.

# 1

Date of Meeting: January 10, 2012

BOARD OF SUPERVISORS

PUBLIC HEARING

SUBJECT: INTENT TO AMEND FY 2012 CAPITAL IMPROVEMENT PROGRAM, DEBT SERVICE FUND AND COUNTY GENERAL FUND

ELECTION DISTRICTS: Countywide CRITICAL ACTION DATE: February 1, 2012 STAFF CONTACTS: Mark Adams, Management and Financial Services RECOMMENDATION: STAFF: Staff recommends the Board adopt the proposed revisions to the FY 2012 Capital Improvement Program, Debt Service Fund and General County Adopted Budget in the amount of $32,959,642. BOARD OF SUPERVISORS: On December 6, 2011 the Board of Supervisors voted 9-0 to authorize staff to allocate a portion of the use of FY 2011 fund balance for early debt retirement and cash funding for FY 2012 capital projects. This item is for the Public Hearing required for the use of these funds and approval of BA-121546 to enact the Board’s direction. BACKGROUND: On December 6th, 2011, Item #8.k was presented to the Board of Supervisors regarding the FY 2011 Year-End Financial Condition and Fund Balance. This report presented the County’s audited fund balances at June 30, 2011. Included in this report was a schedule detailing the balances available in the General Fund, School Fund, CSA, Debt Service Fund and Self Health Insurance Funds which totaled $105,636,547. Staff recommendations on the Proposed Use of FY 2011 Fund Balance in this report included use of fund balance for debt payoff of the 2002 and 2003 GO bonds and the 2003 Lease Revenue bond for avoidance of annual debt service savings over the life of the bonds in the amount of $25,517,774 and cash funding to replace bond financing of FY 2012 capital projects in the amount of $7,441,868. In the Capital Project Fund $1,000,000 will be used to replace bond funding in the Scott Jenkins Memorial Park project and the remaining $6,441,868 will be used in the Computer Aided Dispatch (CAD) upgrade/replacement project. The County’s Fiscal Policies require that the County will confine long-term borrowing and capital leases to capital improvements, projects, or equipment that cannot be financed from current financial resources. Using FY 2011 fund balances available follows this policy.

Board of Supervisors Public Hearing January 10, 2012

Page 2 of 2 FISCAL IMPACT: The 2002 and 2003 GO bonds and the 2003 Lease Revenue bond were originally issued in the amount of $33.6 million and matured in 2023. By defeasing these bonds in FY 2012 with the available $25,517,774, interest savings of $8,032,800 will be realized over the next 12 years. By using cash instead of bond financing in the Capital Improvement Program interest savings of $1,813,651 will occur with $525,000 saved in the Scott Jenkins Park project and $1,288,651 in the CAD project. No additional local tax funding is required for these transactions.

DRAFT MOTIONS:

1. I move that the Board of Supervisors place the Amendment of the FY 12 Capital Improvement Program, Debt Service Fund and County General Fund, Budget Adjustment #121546 on the agenda of the February 7th, 2012 Board meeting for action.

Or 2a. I move to suspend the rules And 2b. I move approval of the Amended FY 12 Capital Improvement Program, Debt Service Fund and General Fund by transferring $25,517,774 from the County General Fund to the Debt Service Fund and by transferring $7,441,868 from the County General Fund to the Capital Improvement Program in BA-121546.

DEPARTMENT OF PLANNING Date of Hearing: January 10, 2012 STAFF REPORT

BOARD OF SUPERVISORS PUBLIC HEARING

SUBJECT: ZRTD 2011-0005, SPEX 2011-0022 21550 & 21580 BEAUMEADE CIRCLE ELECTION DISTRICT: Broad Run CRITICAL ACTION DATE: Extended January 10, 2012 STAFF CONTACTS: Marchant Schneider, Project Manager, Dept. of Planning Julie Pastor, AICP, Director, Dept. of Planning PURPOSE: An application to rezone approximately 10.16 acres from the Planned Development-Industrial Park (PD-IP) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance

RECOMMENDATION:

in order to permit the development of all principal and accessory uses permitted in the PD-IP zoning district, under the newer of the two Ordinances at a maximum Floor Area Ratio (FAR) of 0.4. The Applicant has also submitted an application for a special exception to permit office, administrative, business, or professional uses (data center) which do not meet, among other requirements, the minimum two-story criterion listed in Section 4-503(G).

Planning Commission:

The Planning Commission held a public hearing on this item on December 21, 2011, and voted 9-0 to forward the applications to the Board of Supervisors with a recommendation of approval, subject to the Conditions of Approval dated December 21, 2011, Proffer Statement dated December 6, 2011, and based on the Findings listed on Page 4 of this report.

Staff: Staff concurs with the Planning Commission’s recommendation. The requested zoning district conversion and accompanying special exception for data center use are consistent with the Route 28 Business Area policies of the Revised General Plan

. The application is ready for action by the Board.

CONTENTS OF THIS STAFF REPORT Section Page Section Page Section Page

Motions 1 Policy Analysis 6 Utilities 9 Application Information 2 Land Use 6 Public Safety 10 PC Review & Findings 3 Compatibility 7 Zoning Analysis 10 Context 3 Environmental 7 Conditions 10 Proposal 5 Transportation 8 Attachments 12 Outstanding Issues 5 Economic Development 8

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ZRTD-2011-0005, SPEX 2011-0022, 21550 and 21580 Beaumeade Circle Board of Supervisors Public Hearing

January 10, 2012 Page 2

SUGGESTED MOTIONS: 1a. I move that the Board of Supervisors suspend the rules. AND 1b. I move that the Board of Supervisors approve ZRTD 2011-0005, SPEX 2011-

0022, 21550 and 21580 Beaumeade Circle, subject to the Conditions of Approval dated December 21, 2011, Proffer Statement dated December 6, 2011, and based on the Findings contained in the January 10, 2012 Board of Supervisors Public Hearing Staff Report.

OR 2. I move that the Board of Supervisors forward ZRTD 2011-0005, SPEX 2011-

0022, 21550 and 21580 Beaumeade Circle, to a future Board Business Meeting for action.

OR 3. I move an alternative motion.

I. APPLICATION INFORMATION APPLICANT MUSREF Beaumeade Circle LP Beau D. August, Associate Asset Manager 700 5th Avenue, 61st Floor Seattle WA 98104 206-224-4511 [email protected]

REPRESENTATIVES Molly M. Novotny, AICP Cooley LLP 11951 Freedom Drive Reston VA 20190 703-456-8105 [email protected]

REQUESTS M U S R E F Beaumeade Circle LP of Seattle, Washington, has submitted an application to rezone approximately 10.16 acres from the Planned Development-Industrial Park (PD-IP) Planned Development-Industrial Park zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance in order to permit the development of all principal and accessory uses permitted in the PD-IP zoning district under the Revised 1993 Zoning Ordinance at a maximum Floor Area Ratio (FAR) of 0.4 (up to 0.6 by Special Exception). The subject property is located within the Route 28 Taxing District and within the Airport Impact (AI) Overlay District, between the Ldn 60-65 aircraft noise contours. The Applicant has also submitted an application for a special exception (SPEX 2011-0022) to permit office, administrative, business, or professional uses (data center), which do not meet the criteria contained in Section 4-503(G). These applications are subject to the Revised 1993 Zoning Ordinance and the proposed office use is permitted by Special Exception under Sections 4-504(A). The subject property is approximately 10.16 acres in size.



PARCELS

TAX MAP # PIN # ACRES ADDRESS /80///8////14/ 060-19-8443 10.16 21550 and 21580 Beaumeade Circle,

Ashburn

ACCEPTANCE DATE September 16, 2011

LOCATION South of the intersection of Guilford Drive and Beaumeade Circle (Route 3037)

ZONING ORDINANCE 1972 (existing) Revised 1993 (proposed)

EXISTING ZONING Planned Development-Industrial Park (PD-IP)

POLICY AREA Suburban / Route 28 Corridor Policy Area (Ashburn Community)

PLANNED LAND USE Route 28 Business uses and recommend a FAR of up to 1.0.



II. PLANNING COMMISSION REVIEW AND FINDINGS The Planning Commission held a public hearing on this item on December 21, 2011. No members of the public spoke regarding the applications. The Planning voted 9-0 to forward the applications to the Board of Supervisors with a recommendation of approval based on the below Findings.

Findings

1. The conversion of the property to the Revised 1993 Zoning Ordinance is consistent with the land use policies applicable to the area as outlined in the Revised General Plan

(RGP); specifically, development of low to mid-density office and flex uses within the Route 28 Business Area.

2. In general, the proposed special exception applications are consistent with the County’s land use policies and Route 28 Business Area policies. The recommended Conditions of Approval will mitigate the affect of the special exception uses on adjacent properties.

3. The proposed special exception applications are consistent with Level of Service (“LOS”) policies of the Revised Countywide Transportation Plan

(“2010 CTP”).

4. The applications are in accordance with the Revised 1993 Zoning Ordinance

.

III. CONTEXT Location/Site Access – The property is located on Beaumeade Circle south of its intersection with Guilford Drive within the Beaumeade Corporate Park. The site is also south of the W&OD Trail and west of Loudoun County Parkway (see Figure 1, Vicinity Map). The property is accessed via three full-movement intersections along Beaumeade Circle. Existing Conditions – The 10-acre site consists of two, one-story flex/industrial buildings totaling 77,120 square feet and 49,200 square feet respectively. The entire site was cleared as part of the development of the property. Existing vegetation is associated with landscaping requirements at the time the site was developed. A six foot wide pedestrian path extends along the site’s frontage to Beaumeade Circle. The subject property is also located within the Route 28 Taxing District and within the AI (Airport Impact) Overlay District, between the Ldn 60-65 aircraft noise contour associated with Dulles International Airport.



Surrounding Properties – The subject site and adjacent properties are located entirely within the Beaumeade Corporate Park and similarly developed as flex/industrial uses. All development within Beaumeade Corporate Park is subject to architectural, landscape and signage guidelines and must obtain approval from the Beaumeade Corporate Park Architectural Review Committee.

Figure 1. Vicinity Map

Directions – From Leesburg, travel east on Route 7 to Loudoun County Parkway. Follow Loudoun County Parkway south to Beaumeade Circle North. Turn right onto Beaumeade Circle North. Follow Beaumeade Circle North to Guilford Drive. The subject property will be on the south side of Beaumeade Circle and Guilford Drive.



Background – The Beaumeade Corporate Park was rezoned to the PD-IP zoning district in 1986. The 60 lot, campus-style industrial park is dominated by one and two-story flex/warehouse buildings. Originally envisioned as a home for research and development and manufacturing tenants, Beaumeade has become home to a concentration of data centers, office/retail, and civic uses such as churches and schools. Considering the convergence of power, fiber optic, and reclaimed water (for cooling) infrastructure, as well as the fairly isolated business park development, the area is a prime location for data center development. Other approved data centers in Beaumeade Corporate Park include E-Tech (SPEX 2000-0028), Equinix (SPEX 2008-0019), Merritt (SPEX 2010-0019), CIT Guilford Drive (ZRTD 2010-0002/SPEX 2010-0022) and 44664 Guilford Drive (ZRTD 2010-0005, SPEX 2010-0031 & SPEX 2010-0036). Data centers are also located in the adjacent Ashburn Corporate Center (SPEX 1998-0015/SPEX 1998-0017).

IV. PROPOSAL

The Applicant proposes to rezone approximately 10 acres from the PD-IP (Planned Development-Industrial Park) zoning district under the 1972 Zoning Ordinance to the PD-IP zoning district under the Revised 1993 Zoning Ordinance in order to permit the development of all principal and accessory uses permitted in the PD-IP zoning district under the Revised 1993 Zoning Ordinance

The Applicant has also submitted an application for a special exception to permit office, administrative, business, or professional uses (data center), which do not meet the criteria contained in Section 4-503(G). The Applicant proposes to convert two existing structures to 100% data center use. In support of its request, the Applicant has agreed to limit office as data center use only when office use reaches 49% of the gross floor area (GFA). As the proposed uses will be located within existing buildings, the applicant is not proposing any site disturbance with these applications.

at a maximum Floor Area Ratio (FAR) of 0.4. The PD-IP district is established for light and medium industrial uses and office uses designed with a park-like atmosphere. Examples of such uses include flex industrial, manufacturing, distribution facility, warehousing, wholesale trade establishment, and business service establishment.

V. OUTSTANDING ISSUES There are no outstanding issues identified by staff. The proffer statement and accompanying special exception conditions are approved to final form and the applicant is in agreement with the Conditions of Approval. The signed proffer statement will be provided prior to the Board of Supervisors’ public hearing.

SITE



VI. POLICY ANALYSIS Criteria for Approval - Zoning Ordinance Section 6-1211(E) of the Revised 1993 Zoning Ordinance states that when considering a rezoning application, the Planning Commission shall give reasonable consideration to sixteen factors or criteria for approval. Section 6-1310 of the Revised 1993 Zoning Ordinance

states that when considering a special exception application, the Planning Commission shall give reasonable consideration to twenty factors. These criteria for approval are organized below by category, followed by Staff’s analysis.

A. LAND USE ZO §6-1211(E)(1) Whether the proposed zoning district classification is consistent with the Comprehensive Plan. (2) Whether there are any changed or changing conditions in the area affected that make the proposed rezoning appropriate. (12) Whether the proposed rezoning considers the current and future requirements of the community as to land for various purposes as determined by population and economic studies. (15) The effect of the proposed rezoning to provide moderate housing by enhancing opportunities for all qualified residents of Loudoun County. ZO §6-1310 (A) Whether the proposed special exception is consistent with the Comprehensive Plan. (I) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public. Analysis – There are no outstanding issues identified by staff. RGP policies encourage property owners within the Route 28 Taxing District to “opt in” to the Revised 1993 Zoning Ordinance

in order to facilitate development patterns within the Taxing District that are consistent with the County’s land use policies. The proposed conversion is consistent with the Route 28 Business designation for the area. Staff supports the request. Further, the Route 28 Business Area policies of the RGP encourage low to mid-density office and flex uses in a park-like atmosphere with an emphasis on compatible design. The Beaumeade Corporate Park has developed consistent with RGP policy and its associated design Guidelines have ensured visual compatibility of structures within the development. It is noted, however, that the initial concept envisioned for the Park has not been realized. Various special exception applications have been approved allowing expanded office uses as well as civic uses that include schools and churches. Data center uses have also become a significant component of the land use mix within the Corporate Park. Beaumeade is considered an ideal site for data centers given its fairly isolated location and proximity to two VEPCO power substations, fiber optic infrastructure, and Loudoun Water’s future reclaimed water infrastructure. Moreover, although classified by the Zoning Ordinance as “office”, data centers do not function like traditional office, which otherwise generate significant vehicle trips. Lastly, RGP policies define data center as a flex use, consistent with the RGP designation. Therefore, allowing additional data centers within the park is in conformance with the intent of the Route 28 Business Area policies.



B. COMPATIBILITY ZO §6-1211(E) (3) Whether the range of uses in the proposed zoning district classification is compatible with the uses permitted on other Property in the immediate vicinity. (13) Whether the proposed rezoning encourages the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County. ZO §6-1310 (C) Whether the level and impact of any noise emanating from the site, including that generated by the proposed use, negatively impacts the uses in the immediate area. (D) Whether the glare or light that may be generated by the proposed use negatively impacts uses in the immediate area. (E) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and adjacent parcels. (F) Whether sufficient existing or proposed landscaping, screening and buffering on the site and in the neighborhood to adequately screen surrounding uses. (S) Any anticipated odors which may be generated by the uses on site, and which may negatively impact adjacent uses. Analysis – There are no outstanding issues identified by staff. The range of uses in the proposed PD-IP (Planned Development-Industrial Park) zoning district is compatible with the established uses on the surrounding properties. Surrounding properties are similarly zoned PD-IP and are developed with light and medium industrial and flex industrial uses. The proposed rezoning encourages the conservation of properties and their values and encourages the most appropriate use of the land by implementing the Route 28 Business uses envisioned in the Revised General Plan’s Route 28 Corridor Policies. Any noise generated by the site must meet all Revised 1993 Zoning Ordinance requirements. Any additional lighting installed will be reviewed as part of the site development plan process. The Applicant has agreed to a Condition of Approval that states any additional lighting shall be fully shielded and directed inward and downward toward the property interior and away from nearby properties. Landscaping has been installed consistent with all of the Zoning Ordinance

C. ENVIRONMENTAL

requirements. No alterations to existing landscaping have been proposed. Any data center related equipment located on the property will be fully screened or located internal to the site where it will limit its visibility and proximity to adjoining parcels. The generation of odors is not anticipated by the Special Exception use. Lastly, the Applicant has agreed to a Condition of Approval stating that building expansion and/or new construction will be compatible with the existing buildings within the Corporate Park.

ZO §6-1211(E) (5) The effect of the proposed rezoning on the County's ground water supply. (6) The effect of the uses allowed by the proposed rezoning on the structural capacity of the soils. (9) The effect of the proposed rezoning on the environment or natural features, wildlife habitat, vegetation, water quality and air quality. (16) The effect of the rezoning on natural, scenic, archaeological, or historic features of significant importance. ZO §6-1310 (G) Whether the proposed special exception will result in the preservation of any topographic or physical, natural, scenic, archaeological or historic feature of significant importance. (H) Whether the proposed special exception will damage existing animal habitat, vegetation, water quality (including groundwater) or air quality. (M) The effect of the proposed special exception on groundwater supply. (N) Whether the proposed use will affect the structural capacity of the soils.



Analysis – There are no outstanding issues identified by staff. The site is currently developed, and all utilities and stormwater management facilities have been extended to the property. As such, the applications will not trigger impacts upon soil stability, water quality, air quality, forest resources, habitat, or other environmental resources. No effect on the groundwater supply is anticipated. If the pervious surface is decreased as a result of the conversion to data center use, then the Applicant will meet stormwater quality standards outlined in the Loudoun County Facilities Standards Manual (FSM). The site contains no known archaeological or historic resources.

D. TRANSPORTATION ZO §6-1211(E) (7) The impact that the uses permitted if the Property were rezoned will have upon the volume of vehicular and pedestrian traffic and traffic safety in the vicinity and whether the proposed rezoning uses sufficient measures to mitigate the impact of through construction traffic on existing neighborhoods and school areas. ZO §6-1310 (J) Whether the traffic expected to be generated by the proposed use will be adequately and safely served by roads, pedestrian connections and other transportation services. (O) Whether the proposed use will negatively impact orderly and safe road development and transportation. (T) Whether the proposed special exception uses sufficient measure to mitigate the impact of construction traffic on existing neighborhoods and school areas. Analysis – There are no outstanding issues identified by staff. As part of the streamlined review process for zoning conversions in the Route 28 Taxing District, the Applicant has submitted a generalized traffic study that provides current and future conditions of major roads and intersections throughout the Taxing District. As such, Staff has not evaluated the traffic impacts associated with the rezoning application or made specific transportation improvement recommendations; however, with regard to the proposed special exception use, office use exceeding 49% of the gross floor area of a building will be limited to data center only, thereby decreasing the amount of traffic otherwise attributed to office uses. Therefore, no additional improvements are required. Lastly, as the site is located within an existing business park with direct access to an existing arterial and major road network, construction traffic will not have an adverse impact on existing neighborhoods or school areas. E. ECONOMIC DEVELOPMENT ZO §6-1211(E) (10) Whether the proposed rezoning encourages economic development activities in areas designated by the Comprehensive Plan and provides desirable employment and enlarges the tax base. (11) Whether the proposed rezoning considers the needs of agriculture, industry, and businesses in future growth. (14) Whether the proposed rezoning considers trends of growth or changes, employment, and economic factors, the need for housing, probable future economic and population growth of the County and the capacity of existing and/or planned public facilities and infrastructure. ZO §6-1310 (P) Whether the proposed special exception use will provide desirable employment and enlarge the tax base by encouraging economic development activities consistent with the Comprehensive Plan. (Q) Whether the proposed special exception considers the needs of agriculture, industry, and businesses in future growth. Analysis – Because the proposed PD-IP zoning district under the Revised 1993 Zoning Ordinance allows for a broader range of uses than the PD-IP zoning district under the 1972 Zoning Ordinance, the rezoning is anticipated to create the opportunity for more economically viable uses on the subject property, which could in turn generate



employment opportunities and enlarge the tax base. Additionally, the broader range of uses considers the County’s continuing need for industrial and commercial property. The proposed rezoning is also consistent with the planned land use for the property (low to mid-density Office and Flex uses). As such, the County has planned public facilities and infrastructure to accommodate the uses that are permitted in the proposed zoning district. Also, data center uses contribute a substantial amount to the County’s tax base while generating few service costs because of the limited number of employees. Although data centers themselves do not create large numbers of jobs, the services that data centers provide support the growing technology industry in the County. Allowing the conditional data center use will take advantage of a prime location and provide services critical to the expansion of the County’s rapidly growing technology industry. Furthermore, since the buildings already exist, their reuse will quickly generate tax revenue and employment opportunities. F. UTILITIES ZO §6-1211(E) (4) Whether adequate utility, sewer and water, transportation, school and other facilities exist or can be provided to serve the uses that would be permitted on the Property if it were rezoned. ZO §6-1310 (R) Whether adequate on and off-site infrastructure is available. Analysis – As identified in the attached referral agency comments, adequate utilities, sewer and water, and transportation facilities exist to serve the development or will otherwise be provided by the Applicant. In an effort to facilitate the extension of a reclaimed water main for use by heavy industrial users such as data centers, Loudoun Water has requested, and the Applicant has agreed to, dedication of a 15 foot wide utility easement along the site frontage to Beaumeade Circle. Residential is not permitted within the proposed PD-IP zoning district; therefore, the rezoning would not generate the need for schools, libraries, and other public facilities that are typically associated with residential uses. G. PUBLIC SAFETY ZO §6-1310 (B) Whether the proposed special exception will adequately provide for safety from fire hazards and have effective measures of fire control. (K) Whether, in the case of existing structures proposed to be converted to uses requiring a special exception, the structures meet all code requirements of Loudoun County. Analysis – There are no outstanding issues identified by staff. The proposed uses will be required to provide effective measures of fire control that meet all state and local fire safety requirements and regulations. The Moorefield Public Safety Center (Station 23) is identified as the first responder to the property. Per the adopted Board Fire and Rescue Policy, all Applicants are requested to provide a one-time contribution of $0.10 per gross square foot to be distributed to the primary volunteer fire and rescue agencies, escalated annually from the base year when the policy was adopted (1988). As the limited scope of the proposed applications would not increase demand for fire-rescue service personnel, and Station 23 is served by paid, professional staff, no contribution is anticipated.



VII. ZONING ANALYSIS Analysis – There are no outstanding zoning issues identified by staff. The Applicant has submitted a revised Concept Plan / SPEX Plat that incorporates staff suggested revisions. VIII. CONDITIONS OF APPROVAL (December 21, 2011) 1. Substantial Conformance – Development of the Special Exception use, identified

in Condition 2, in the PD-IP Planned Development-Industrial Park zoning district administered under the Revised 1993 Loudoun County Zoning Ordinance

shall be in substantial conformance with Sheets 1 and 3 (collectively comprising and herein referred to as the “Special Exception Plat”) of the plans set titled “21550 and 21580 Beaumeade Circle SPEX 2011-0022 and ZRTD 2011-0005”, dated August 5, 2011, revised through November 3, 2011 and prepared by J2 Engineers, Inc. (the “Plans”), and the Revised 1993 Loudoun County Zoning Ordinance (“Zoning Ordinance”). Approval of this application for the parcel identified as Tax Map Number /80///8////14/ (PIN# 060-19-8443) (the “Property”) shall not relieve the Applicant or the owner of the Property from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or applicable regulatory requirement

2. Uses Permitted and Use Restrictions

– Approval of the Special Exception grants approval of “Office, administrative, business, and professional [uses], which do not meet the criteria contained in Section 4-503(G)” of the Zoning Ordinance (“office uses”) on the Property subject to the following limitation: for all development on the Property, office uses exceeding forty-nine percent (49%) of the total developed square footage on the Property shall be limited to data center use only. At the time of each zoning permit application for the Property, the Property owner or representative shall provide a tabulation of the ratios of Office gross floor area (GFA), data center GFA, and non-office GFA to the total development on the Property.

3. Mechanical Equipment Location and Screening

– Mechanical equipment including rooftop equipment (e.g., heating and air conditioning units, generators, air handlers, etc.) and dumpsters shall be screened from the view of adjacent properties. Screening of these areas shall be achieved by any combination of architectural elements, landscaping, walls, enclosures, earthen berms, and/or similar measures, as determined during site plan review.

4. Exterior Lighting

– Any exterior lighting installed on the Property shall be full cutoff and fully shielded light fixtures as defined by the Illuminating Engineering Society of North America (IESNA). Lighting shall be directed inward and downward toward the interior of the Property, away from nearby properties. The lighting details shall be depicted on the approved site plan.



5. Civic Space

– The Applicant shall provide at least one (1) picnic table for the Property prior to the approval of any Occupancy Permit that would result in the total square footage of data center uses on the Property exceeding 49% percent of the developed GFA. The picnic table shall be provided in a location accessible by a pedestrian pathway and shall be shown on an approved site plan.

6. Design

– Any building expansion shall be similar in style, materials, and fenestration with the building existing on the Property as of the date of approval of this Special Exception (the “Existing Building”). New construction shall be designed to be harmonious in height and style with other buildings in the Beaumeade Corporate Park with articulated building facades and elevations facing public ways having window and door openings. The Applicant shall provide building elevations meeting these design elements on the approved site plan.

7. Pervious Surface

– To minimize or mitigate any potential net loss of the pervious surface as depicted on the Existing Conditions Map (Sheet 2 of 3 of the Plans), the Applicant will treat stormwater on site with best management practices in order to meet the Water Quality Design Standards of the Loudoun County Facilities Standards Manual (“FSM”).

8. Reclaimed Water Line Easement

– The Applicant has agreed that, prior to or in conjunction with site plan approval of the Special Exception use, the Applicant shall reserve a minimum fifteen foot (15’) wide utility easement for the installation of a reclaimed water main along the Property’s Beaumeade Circle frontage. Said easement shall be reserved for a period of ten (10) years from the date of approval of this Special Exception. At any time within said ten (10) year period, Loudoun Water may request the Applicant to dedicate, and upon such request the Applicant shall dedicate, the easement to Loudoun Water, at no cost to the County or Loudoun Water, provided, however, that such request shall not be made nor dedication required unless and until the construction of the reclaimed water main line has been commenced upon either of the adjacent properties. Such dedication shall be accomplished by deed in a form as approved by Loudoun Water and recorded among the Land Records.



IX. ATTACHMENTS

Attachment Page 1 Referral Comments

1a Planning, Comprehensive Planning A-1 1b Building and Development, Zoning Administration A-6 1c Office of Transportation Services A-8 1d Virginia Department of Transportation A-45 1e Loudoun Water A-46 1f Fire, Rescue and Emergency Services A-48 2 Disclosure of Real Parties in Interest (11-15-11) A-49 3 Applicant’s Statement of Justification A-68 4 Applicant’s Response to Referral Comments A-73 5 Applicant’s Proffer Statement (12-06-11) A-79 6 CDP / SPEX Plat (11-03-11) Follows A-80

*This Staff Report with attachments (file name BOS STAFF REPORT 01-10-12.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.

http://www.loudoun.gov/�

DEPARTMENT OF PLANNING Date of Hearing STAFF REPORT

January 10, 2012

BOARD OF SUPERVISORS PUBLIC HEARING

SUBJECT: SPEX-2010-0014, Kids N Critters Daycare ELECTION DISTRICT: Catoctin CRITICAL ACTION DATE: Extended to February 1, 2012 STAFF CONTACTS: Jane McCarter, AICP, Department of Planning Julie Pastor, AICP, Director, Department of Planning PURPOSE: The purpose of this application is to consider a special exception to permit a child care center in the Joint Land Management Area-3 (JLMA-3) zoning district.

RECOMMENDATIONS: Planning Commission:

On November 9, 2011, the Planning Commission forwarded the Special Exception application to the Board of Supervisors with a recommendation of approval (9-0), subject to the Conditions of Approval dated October 31, 2011 as revised through November 9, 2011, to include the changes requested by the Commission. The revisions include providing for trail easement along the frontage of the property, enhanced buffering along the frontage of the property, and trail construction within the Catoctin District as attached in the Conditions of Approval dated November 9, 2011 and based on the Findings included on Page 4 of this Staff Report.

Staff: Staff concurs with the Planning Commission’s recommendation. The proposed land use Special Exception is consistent with the Leesburg JLMA land use policies of the Revised General Plan

, which designate the subject property for Residential uses. This application has no outstanding issues.

CONTENTS OF THIS STAFF REPORT Section Page Section Page Section Page

Motions 2 Policy Analysis 7 Utilities/Infrastructure 12 Application Information 2 Land Use 7 Public Safety 12 PC Review & Findings 3 Compatibility 7 Zoning Analysis 12 Context 4 Environmental 9 Zoning Modifications NA Proposal 6 Transportation 10 Conditions 13 Outstanding Issues 7 Economic Development 12 Attachments 16

# 3

SPEX-2010-0014, Kids N Critters Daycare Board of Supervisors Public Hearing


SUGGESTED MOTIONS: 1. I move that the Board of Supervisors forward SPEX-2010-0014, Kids N Critters Daycare, to a future Business Meeting for action. OR 2a. I move that the Board of Supervisors suspend the rules. AND 2b. I move that the Board of Supervisors approve SPEX-2010-0014, Kids N Critters

Daycare, subject to the Conditions of Approval dated November 9, 2011 and based on the Findings for Approval included in the January 10, 2012 Staff Report.

OR

3. I move an alternate motion.

I. APPLICATION INFORMATION APPLICANT Cattail Extraordinary LLC John Fuog, President

REPRESENTATIVE

[email protected]

Marsh & Legge Land Surveyors, P.L.C. Mike Artz, Project Engineer

REQUESTS

[email protected]

A Special Exception application to allow an 11,000 square foot child care center on the 3.9 acre subject property, as permitted under Table 2-1203 of Section 2-1203, subject to the additional regulations of Section 5-609(B) of the Revised 1993 Zoning Ordinance

.

PARCEL

PIN# Tax Map # Address Acres

147-20-4696 /49////////10/ 42951 Edwards Ferry Road Leesburg, VA 3.9

ACCEPTANCE DATE July 23, 2010

LOCATION South side of Edwards Ferry Road (Route 773), approximately 0.6 mile east of the intersection of Battlefield Parkway NE and Edwards Ferry Road.

ZONING ORDINANCE Revised 1993

EXISTING ZONING JLMA-3 (Joint Land Management Area-3).

POLICY AREA Leesburg Joint Land Management Policy Area

PLANNED LAND USE Residential uses.



II. PLANNING COMMISSION REVIEW AND FINDINGS The Planning Commission held a public hearing regarding this proposal on April 27, 2011 where three (3) persons spoke in favor of the application and ten (10) speakers spoke against the application citing concerns with traffic and the proposed use located adjacent to agricultural and residential properties. The intensity of the proposal was also a concern. At the time of the public hearing the application included a 10,700 square foot animal hospital and by-right kennel in addition to the child care facility. The Planning Commission voted 8-0-1 (Syska absent) to forward the application to a worksession for further discussion. In response to public comments and the Planning Commission the Applicant revised the application to address concerns regarding the intensity of the proposal and the Conditions of Approval. The application was revised to include a reduction in the special exception area; the removal of the animal hospital portion of the special exception request; the removal of the kennel use; removal of all modification requests; and revision to the child care facility design. The Conditions of Approval were revised and updated to incorporate these changes. On October 27, 2011 the Applicant held a community meeting to provide an opportunity for comment regarding the revised use and design changes. Concerns expressed included the trail along the frontage of the property and the lack of connectivity of this portion to either the east or west, recommendation that the trail be moved to the north side of Edwards Ferry Road and connect to the Potomac Heritage Trail natural footpath, and the increased vehicle trips on Edwards Ferry Road and traffic impacts at the intersection with Battlefield Parkway. Enhancement of the buffering adjacent to Edwards Ferry Road to include vegetation that would more fully provide a visual barrier to this use from passing traffic was requested. Reorientation of the structure and play areas to take advantage of the long views toward Cattail Branch was requested. Speakers in support of the proposal noted the location of the childcare use adjacent to residential communities as appropriate. On November 9, 2011 the Planning Commission met in worksession to consider the revised use, design, and the transportation impacts. Reorientation of the building and parking placed the outdoor play area to the south of the structure taking advantage of long views to Cattail Branch. Enhanced buffering of shrubs, at 30 shrubs per 100 lineal feet, in addition to the Type 2 buffer yard plantings and the enhanced plantings of a double staggered row of evergreens at 10 per 100 lineal feet, was sought along Edwards Ferry Road to create an allee effect along a rural road and to more fully screen the child care center in all seasons from view of passing traffic on Edwards Ferry Road. The trail easement proposed along Edwards Ferry Road remains, however as there is no connectivity for the trail to the east or west, the Applicant is providing a contribution for trail construction of similar length elsewhere in the Catoctin District. While no longer required to offset impacts of the reduced special exception proposal, the Applicant continues to agree to conditions and plat notes to address reforestation and stream bank stabilization of Cattail Branch in areas outside the special exception envelope. The



Commission asked if the proposal preclude any additional development, such as a by-right kennel, on this parcel. Staff noted the special exception is for approximately 2/3 of the parcel with the remaining land largely in floodplain. Development within these constraints would be limited. The Commission sought clarification regarding transportation impacts and asked is there a by-right use that is comparable to the intensity of the child care use. Staff noted the by right uses within the JLMA-3 included church, veterinary clinic, small school or office use would all have fewer than the vehicles trips per day with this use. The opening of Battlefield Parkway to 4 lanes the previous weekend the resulting reduction in traffic on Edwards Ferry Road is anticipated at 5,000 trips per day. In addition removal of the animal hospital and kennel reduced the average daily trips from 1,255 to 874 per day. The adjacent intersections continue to function at the A/B levels. The Commission forwarded the Special Exception application to the Board of Supervisors with a recommendation of approval (9-0), subject to the Conditions of Approval dated November 9, 2011 and based on the following Findings for Approval. FINDINGS FOR APPROVAL: 1. The proposed special exception use of a daycare facility is consistent with the land

use policies of the Revised General Plan

(RGP).

2. The proposed daycare facility will provide sufficient improvements to address traffic impacts to the existing transportation network.

3. The proposed special exception use subject to conditions of approval, comply with the

applicable requirements of the Revised 1993 Zoning Ordinance

.

4. The child care center will have a positive impact on the County’s economy and provide educational options and services to County residents.

III. CONTEXT

Location/Site Access – The site is located east of the Town of Leesburg and east of Battlefield Parkway on the south side of Edwards Ferry Road (Route 773), and approximately one half mile west of the intersection of Edwards Ferry Road and River Creek Parkway, north of Harry Byrd Highway (Route 7). Edwards Ferry Road is a two-lane undivided unpaved minor collector local roadway. The road is within a 30 foot right of way which will remain in this rural (R2) condition, with alternate sections to be studied in conjunction with the proposed historic and scenic resources corridor. Currently the posted speed limits are 35 mph west of Shoal Creek Drive toward this site and 45 mph east of Shoal Creek Drive. Based on the latest (2015) traffic volumes at peak hour, this segment of Edwards Ferry Road in the vicinity of the site carries 8,000 daily vehicle trips.

Existing Conditions – According to County records and site visits, the subject parcel has an existing house. Staff noted recent clearing adjacent to the house and the river and stream corridor resource area. Existing outbuildings are collapsing and in poor condition and would need to be removed. Thus, the site contains an existing house and associated



accessory buildings, well and septic systems that the Applicant would demolish and abandon.

The southern half of the site is environmentally sensitive and is characterized by river and stream corridor resources, floodplain, steep slopes, forest cover and wetlands. This portion of the property is outside of the limits of the Special Exception area, however, the Applicant has agreed to conditions that address restoration of this area. The subject property is located within the Goose Creek watershed and ultimately drains to the Potomac River. Surrounding the site are areas of at least a dozen possible Civil War earthworks along Cattail Branch and to the west adjacent to Edwards Ferry Road.

Directions: From Leesburg, travel east on Route 7 approximately 3 miles to River Creek Parkway. Turn left onto River Creek Parkway and travel northeast approximately 1.7 miles. Turn left onto Edwards Ferry Road. The property is approximately 1/2 mile west on the south side of Edwards Ferry Road.

Edwards Ferry Road

Cattail Branch & R&SC area

Lakes at Red Rocks

Red Rocks Park

SITE

GRAPHIC 1: EXISTING CONDITIONS

GRAPHIC 2: VICINITY MAP

TOWN OF LEESBURG

ROUTE 7

POTOMAC RIVER

CATTAIL BRANCH

EDWARDS FERRY ROAD



Surrounding Properties –Properties along Edwards Ferry Road and immediately west of this site include the heavily treed approximately 69 acre Cattail Farm and a number of smaller farming parcels with older homes within the Leesburg JLMA-3 zoning district. Properties to the north of the site are within permanent open space easements. The Red Rock Wilderness Overlook Regional Park, a 67 acre portion of the Northern Virginia Regional Park Authority holdings, is located to the northeast of the site between Edwards Ferry Road and the Potomac River. The Lakes at Red Rocks residential development is located to the east. The Lakes at Red Rocks community was rezoned to PD-H3 in 1996 with ZMAP 1996-0011. There are 236 single-family residential properties situated throughout this community with a significant portion of the open space contained within a conservation easement. North of Cattail Branch and east of the proposed site are an additional 140 single family attached units that share a common boundary with the child care site.

IV. PROPOSAL

The Applicant seeks approval of a Special Exception for a child care center for a maximum of 195 children in the JLMA-3 (Joint Land Management Area-3) zoning district. The property is located partially within the FOD (Floodplain Overlay District) and the use resides outside this area and the river and stream corridor management buffer.

Site Layout – The layout of the site is oriented toward Cattail Branch. The 11,000 square foot structure has parking at the front of the building between the structure and Edwards Ferry Road. The structure is one story thirty-five (35) feet in height and is designed to blend with the surrounding environment. The outdoor play area for the children is located at the rear of the structure with views toward Cattail Branch. The Applicant has provided enhanced buffering on the east, west and north sides of the property to shield this use



from the existing residential uses. As requested at the Planning Commission public hearing the Applicant has relocated the dumpster to the west side of the property and distant from the residential community of the Lakes at Red Rocks. Since the Planning Commission public hearing, the Applicant has clarified a continuing commitment to provide for reforestation and stream bank stabilization along Cattail Branch. With the removal of the proposed animal hospital and kennel this portion of the property is no longer within the limits of the special exception. V. OUTSTANDING ISSUES This application has no outstanding issues. Conditions of Approval, dated November 9, 2011, have been reviewed by the Office of the County Attorney and agreed to by the Applicant.

VI. POLICY ANALYSIS Zoning Ordinance Criteria for Approval Section 6-1310 of the Revised 1993 Zoning Ordinance

states that when considering a special exception application, the Planning Commission shall give reasonable consideration to twenty factors. These criteria for approval are organized below by category, followed by Staff’s analysis.

A. LAND USE ZO §6-1310 (A) Whether the proposed special exception is consistent with the Comprehensive Plan. (I) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public. Analysis – There are no outstanding land use issues. The proposed Special Exception land use is consistent with land use policies of the Revised General Plan

, which designate the subject property for Residential uses. It is the intent that residential areas within the JLMAs consist of a mix of residential and non-residential uses such as home occupation businesses, churches, and schools. Commercial retail and service development within the JLMAs should be compatible with the existing businesses of the Towns. The applicant is proposing an 11,000 square foot day care facility on a 3.9 acre parcel. The Towns are the preferred principal location for retail and service uses, office development, and major civic uses. However, support services, such as the use proposed are appropriate within or between the neighborhoods they are intended to serve. The proposed daycare center will contribute to the welfare and convenience of the public in locating this use conveniently close to a growing residential area. The site is immediately adjacent to the Lakes at Red Rocks residential community and also adjacent to a number of residential communities to the east, west and south including River Creek, Edwards Landing, and Spring Lake respectively.

B. COMPATIBILITY ZO §6-1310 (C) Whether the level and impact of any noise emanating from the site, including that generated by the proposed use, negatively impacts the uses in the immediate area. (D) Whether



the glare or light that may be generated by the proposed use negatively impacts uses in the immediate area. (E) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and adjacent parcels. (F) Whether sufficient existing or proposed landscaping, screening and buffering on the site and in the neighborhood to adequately screen surrounding uses. (S) Any anticipated odors which may be generated by the uses on site, and which may negatively impact adjacent uses. Analysis – There are no outstanding compatibility issues. The overall concept and design of the site has been addressed to provide significant visual screening, take advantage of and protect existing natural features, and incorporate comparable materials throughout the elements of the design. Staff notes that the Revised 1993 Zoning Ordinance

requires a minimum twenty (20) foot wide Type 2 buffer along the east and west sides of the subject property, adjacent to the existing Lakes at Red Rocks and Dennis property residential uses. A Type 2 buffer consists of 2 canopy trees, 5 understory trees, 10 shrubs, and 4 evergreen trees per 100 linear feet. The Applicant has agreed to a condition that enhances these buffer yard plantings with a double staggered row of 10 additional evergreen trees per 100 lineal feet.

The Planning Commission sought additional plantings along Edwards Ferry Road to ensure the existing rural atmosphere was maintained. The Revised 1993 Zoning Ordinance

requires a minimum thirty (30) foot wide Type 2 buffer along the front yard adjacent to Edwards Ferry Road. A Type 2 front buffer consists of 3 canopy trees, 3 understory trees, 20 shrubs, and no evergreen trees per 100 linear feet. The Applicant has agreed to a condition that enhances this buffer yard plantings with a double staggered row of 10 additional evergreen trees per 100 lineal feet, and, an additional 30 evergreen shrubs per 100 lineal feet to address this request.

Noise emanating from the site will be that of children playing outside during daylight hours. The location of the outdoor play area is along the western side of the property providing the maximum distance from the residential communities. The outdoor play area is bounded by a 3.5 foot high fence as required by Section 5.609(B)(1)(a) of the Revised 1993 Zoning Ordinance

. This use is not anticipated to generate odors that would adversely impact adjacent residential uses.

Table 1 shows how the Applicant has addressed other compatibility issues with agreed upon Conditions.

Table 1. Compatibility: Resolved Issues

Condition

Site Orientation

– To establish a design concept that would incorporate the view of Cattail Branch, maximize the site orientation toward Cattail Branch for both the building and outdoor play area, and minimize the visual impact to the passing traffic as well as the adjacent residential community.

Conditions 1, 7, and 13

Energy and Environmental Design Condition 6 – The Applicant has agreed to incorporate energy efficient design, facilities, or resources into the child care infrastructure or operations.



C. ENVIRONMENTAL ZO §6-1310 (G) Whether the proposed special exception will result in the preservation of any topographic or physical, natural, scenic, archaeological or historic feature of significant importance. (H) Whether the proposed special exception will damage existing animal habitat, vegetation, water quality (including groundwater) or air quality. (M) The effect of the proposed special exception on groundwater supply. (N) Whether the proposed use will affect the structural capacity of the soils. Analysis – There are no outstanding environmental issues. The project is designed to avoid the environmental features that are concentrated at the southern portion of the site adjacent to Cattail Branch. Approximately sixty-six (66) percent of the site (2.69 acres) will remain as open space, of which, approximately half is outside the limits of the special exception use and located within the river and stream corridor management buffer, floodplain, reforestation, stream bank stabilization, and water quality areas. The application provides for the protection of the water quality and natural resources to improve air quality, and provide for wildlife habitat. Development will avoid very steep slopes and will not impact groundwater supply or the structural capacity of the soils. Table 3 summarizes how the Applicant has specifically addressed environmental resources with agreed upon conditions.

Facility Design

– The Applicant has designed the building to maintain clear line of sight from the interior of the building to the outdoor play area and parking areas.

Condition 7

Materials Conditions 8, 13 and 14

– The Applicant has agreed to provide similar materials in the construction of the dumpster, signage, and child care facility.

Screening

– To minimize visual impact, the Applicant has agreed to provide enhanced buffering of double staggered row of evergreen trees, 10 per 100 feet, in addition to the required Type 2 buffer yard plantings along the eastern, northern and western property lines. Along the Edwards Ferry Road frontage an enhancement of a double staggered row of 30 evergreen shrubs per 100 lineal feet shall be provided to fully screen the child care center from passing traffic.

Conditions 5 and 8

Lighting

– The Applicant has agreed to power down lighting when the facility is closed, and to provide fully cut off and shielded lighting throughout the site.

Condition 9

Table 2. Environmental and Heritage Resources Resolved Issues

Condition

Resource Protection

– The Applicant proposes to protect the areas of floodplain, river and stream corridor management area, and steep slopes through the redesign and reduction in size of the Special Exception use.

No Issues.

Reforestation

– The Applicant has agreed to develop and implement a reforestation plan along Cattail Branch prior to site plan approval that will provide a stocking rate of 120 (3 gallon) trees per acre.

Condition 2



D. TRANSPORTATION ZO §6-1310 (J) Whether the traffic expected to be generated by the proposed use will be adequately and safely served by roads, pedestrian connections and other transportation services. (O) Whether the proposed use will negatively impact orderly and safe road development and transportation. (T) Whether the proposed special exception uses sufficient measure to mitigate the impact of construction traffic on existing neighborhoods and school areas. Analysis – This application has no outstanding transportation issues. The proposed use will be adequately served by roads as further discussed below. At the Planning Commission public hearing, members of the public expressed concerns about the volume of traffic during the AM and PM peak hours along Edwards Ferry Road with the additional trips and the impact at the Edwards Ferry Road /Battlefield Parkway intersection located west of the site and the Edwards Ferry Road /River Creek Parkway intersection located east of the site. The Planning Commission recognized that several planned and proffered road improvements currently under construction in the vicinity will relieve these capacity concerns. The Commission requested an update to the traffic study to reflect the changes to the proposed application with the increase from 92 to 195 students. As shown below, changing the trip generating methodology for the proposed day care center from per-1,000 SF to per-student yields nearly identical projections (only 4 more daily trips, 13 more trips during the AM peak hour, and 2 less trips in the PM peak hour) resulting in no additional impacts. The two other streets in the study area that intersect Edwards Ferry Road are Red Rock Way (less than 2/10 mile to the east) and Shoal Creek Drive (3/10 mile to the east). The traffic study showed a higher trip generation associated with the proposed use however the proposed uses would not adversely impact the Level of Service (LOS) at nearby

Stream Bank Stabilization

– The Applicant has agreed to provide a stream bank stabilization plan to create a gentler slope of the Cattail Branch stream bank. The plan shall be implemented prior to approval of the certificate of occupancy for the child care use.

Condition 3

Water Quality

– The Applicant has shifted the proposed SWM pond outside of the 50-foot management buffer and will be providing an enhanced extended detention pond, wet pond, or series of best management practices (BMPs) to maximize pollutant removal efficiency.

Condition 4

Trail

– The Applicant has agreed to provide a $15,000 cash contribution for trail construction within the Catoctin District. The easement for a future trail connection along the frontage of the property shall be recorded prior to site plan approval.

Condition 12

Archaeology/Historic

– The subject property contains no historic or archaeological resources.

No issues.



intersections at full buildout. All intersections that were included as part of the traffic study will operate at a LOS of B or better in the 2015 analysis year with the additional traffic from the proposed use. This included an anticipated reduction in background trips now that Battlefield Parkway has been completed to the west of the site.

The Commission requested information regarding the Historic Access Corridor (HAC) and impacts upon this property if the corridor were to be created. As no HAC boundary has been delineated or proposed, it is not possible to assess how much of this Special Exception use and property could be affected by the establishment of an overlay district. Using the Beaverdam Historic Roadway District as an example, that overlay district covers 35 feet on either side of the centerline of the road. The zoning overlay does not necessarily prevent change within that 70 feet, but there are standards that guide how things might change. Additionally historic zoning only regulates structures within the boundary and not trees, trails, or the roadbed. Staff notes the proposed Special Exception would be unlikely to affect the viability of establishing an HAC district along Edwards Ferry Road.

Table 3 below summarizes the transportation issues that Staff examined and resolved.

Table 3. Transportation Resolved Issues

Condition

Frontage Improvements Condition 11 – The Applicant agrees to dedicate 30’ of right-of-way from the centerline of Edwards Ferry Road in accordance with the CTP.

Multiuse Trail Condition 12 - The application provides a 10 foot easement for future multiuse trail connection. To mitigate the impacts of this use the Applicant has agreed to provide a $15,000 cash contribution for trail construction within the Catoctin District.

Site Entrance No issue. – The Applicant proposes one entrance to Edwards Ferry Road. Road Connectivity No issue. - The Town of Leesburg referrals recommended a road connection with the Lakes at Red Rocks subdivision to the east, which, as noted in the Statement of Justification, the residents do not want. This connection has not been provided.

Trip Generation Comparison Table

Scenario & Methodology Daily Trips (ADT)

AM Peak Hour Trips

PM Peak Hour Trips

11,000 SF Day Care Center (trips based on SF) – May 2011 TIA 870 135 137

195 Student Day Care Center (trips based on # of students) 874 148* 135*

Note: * Used ITE Trip Generation Report 8th Edition

SITE

fitted equation rather than average rates.

Dedicate 70’ right-of-way for Cochran

Mill Rd



E. ECONOMIC DEVELOPMENT ZO §6-1310 (P) Whether the proposed special exception use will provide desirable employment and enlarge the tax base by encouraging economic development activities consistent with the Comprehensive Plan. (Q) Whether the proposed special exception considers the needs of agriculture, industry, and businesses in future growth. Analysis – The application does not include a Fiscal Impact Analysis, and such a study is not required with this type of application. The Revised General Plan supports the proposed land use at the subject location. The proposed Special Exception considers the trends of residential growth in the vicinity, would provide both employment opportunities and child care services to the surrounding communities, thereby encouraging economic development activities that are consistent with the Revised General Plan

. Additional agricultural, industry and business uses may be considered in the future for the remainder of this site.

F. UTILITIES ZO §6-1310 (R) Whether adequate on and off-site infrastructure is available. Analysis – There are no outstanding utility issues. The Town of Leesburg reviewed this application, and determined that the Town would be the utility provider for the site. The Town also noted that the site utilities must comply with regulations in the Town’s Design and Construction Services Manual. This has been addressed by Condition 10. G. PUBLIC SAFETY ZO §6-1310 (B) Whether the proposed special exception will adequately provide for safety from fire hazards and have effective measures of fire control. (K) Whether, in the case of existing structures proposed to be converted to uses requiring a special exception, the structures meet all code requirements of Loudoun County. (L) Whether the proposed special exception will be adequately served by essential public facilities and services. Analysis – There are no outstanding emergency services issues. However, Staff notes that the Applicant must demonstrate adequate access and circulation of emergency vehicles throughout the proposed development at the time of site plan. The existing structures on the site would be demolished. The Leesburg Volunteer Fire and Rescue Company would provide emergency services to the new facility with a response time of 6 minutes, 22 seconds for fire response and 8 minutes, 46 seconds for rescue response. The Applicant agrees to provide a one-time cash contribution of $0.10 per gross square foot of development which is consistent with County Fire and Rescue Policy (Note). VII. ZONING ANALYSIS Analysis – There are no outstanding Zoning issues. Section 2-1201 of the Revised 1993 Zoning Ordinance calls for development in the JLMAs to foster, accommodate and conform to the established and traditional development pattern of the Towns, specifically the Town of Leesburg for this application. The proposed development is in conformance with the purpose and intent of the Ordinance in that it provides for nonresidential



development consistent with the development pattern of the Town of Leesburg, which traditionally has provided retail service uses in residential neighborhoods.

VIII. CONDITIONS OF APPROVAL NOVEMBER 9, 2011

1. Substantial Conformance: The development of the Special Exception Use, child care center in the JLMA-3 (Joint Land Management Area-3) zoning district, shall be in substantial conformance with Sheets 1 through 3 of 3, respectively (together comprising and herein referred to as the “Special Exception Plat”) of the plan set entitled “Special Exception Plat for 42951 Edwards Ferry Road”, prepared by Marsh and Legge Land Surveyors, P.L.C., dated May 2010, as revised through October 31, 2011, and the Revised 1993 Loudoun County Zoning Ordinance

(the “Ordinance”). Approval of this application for Tax Map: /49////////10/ (PIN 147-20-4696) (the “Property”) shall not relieve the Applicant or the owners of the Property from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or applicable regulatory requirement.

2. Reforestation

: The Applicant has agreed to work with the County Urban Forester on the development of a reforestation plan. The reforestation plan for the portion of the property within the Floodplain Overlay District shall be submitted for review and approval prior to the approval of the first site plan for the child care center use. Plant material shall consist of 3-gallon containerized native trees at a stocking rate of 120 trees per acre, unless alternative plant material/stocking levels are determined appropriate and approved by the County Urban Forester. The reforestation shall be implemented as indicated on the Special Exception Plat prior to approval of the first certificate of occupancy for the child care center use. The Applicant shall ensure a minimum of 80 percent of the initial planting is determined to be established after two growing seasons. An annual inspection shall be conducted by the Applicant and the County Urban Forester to verify establishment. If the 80 percent establishment is not achieved after the second growing season, a onetime planting to bring the project to full stocking shall be conducted by the Applicant.

3. Stream Bank Stabilization

: The Applicant has agreed to submit a stream bank stabilization plan for review and approval prior to the approval of the first site plan for the child care center use. The stream bank stabilization plan may be combined with the reforestation plan provided for in Condition 2 above. The stream bank stabilization plan must identify procedures to lay back the vertical stream bank (create a more gentle slope) as well as techniques for stabilization. The stream bank stabilization shall be implemented prior to the approval of the certificate of occupancy for the child care center use. This condition is subject to the approval of a wetland permit by the U.S. Army Corps of Engineers and Virginia Department of Environmental Quality.



4. Stormwater Management:

shown on the Special Exception Plat.

Stormwater management (SWM) and best management practices (BMPs) shall be provided on-site through the use of appropriate low-impact development design (LID) measure such as, but not limited to the following: raingardens, bio-retention, infiltration trenches, grass swales, filter strips, rain barrels, tree box filters, and exfiltration trenches or dry swales. The types and locations of LID water quality techniques shall be identified at the time of site plan submission and may be located within the “Possible Water Quality Area”

5. Landscaping

: The landscaped Type 2 Buffer Yards adjacent to the north, east, and west Property boundaries shall each be enhanced with a double staggered row of mixed evergreen tree plantings (minimum 3 varieties), a minimum of 6 feet in height, planted a minimum of 10 trees per every 100 linear feet. The evergreen trees shall be selected from the Native Trees and Evergreen Trees lists set forth in theLoudoun County Facilities Standards Manual, Chapter 7 or may be alternative plantings approved by the Loudoun County Urban Forester. Between the Edwards Ferry Road right-of-way limits and the enhanced planting area adjacent to Edwards Ferry Road additional shrubs shall be planted in a double staggered row of mixed evergreens 30 per 100 lineal feet. The foregoing plantings shall be shown on the first site plan for the child care center use and shall be installed prior to occupancy permit approval. The Applicant shall maintain all landscaping in good health, and the Applicant shall promptly replace dead or diseased plantings.

6. Energy and Environmental Design

: As part of the process of designing the child care center, the Applicant has agreed to retain the services, and give due consideration to the recommendations, of an energy management consultant to assist and advise the Applicant in designing the child care center and incorporating into such design methods by which the Applicant may utilize energy-efficient design, facilities, or resources within the child care center’s infrastructure or operations, such as water-efficient plumbing fixtures, LED lighting and similar measures. Concurrently with the submission of the initial zoning permit application for the child care center, the Applicant has also agreed to submit to the Zoning Administrator a list of energy management measures the Applicant shall incorporate or has incorporated into the child care center’s designs and/or operational plans.

7. Daycare Facility Design

: Direct clear line of sight visibility shall be maintained from the interior of the child care facility to all areas of the outdoor play area including visibility of the outdoor play area access route to the parking area. The Applicant shall provide a detail prior to site plan approval illustrating full compliance with this condition.

8. Dumpster Enclosure

: The dumpster enclosures shall consist of similar materials and design as those used for the building. The Applicant shall specify the building materials and design prior to site plan approval.



9. Lighting

: Lighting on the Property shall be designed and constructed to minimize light trespass and to limit the view of lighting from off-site. Specifically, exterior light fixtures shall be “full cutoff outdoor lighting fixtures” as defined by the Illuminating Engineering Society of North America (IESNA). Light will be directed inward and downward toward the interior of the Property, away from the public streets and adjacent properties. Low-pressure sodium lamps and exposed neon bulbs shall be prohibited. Lighting fixtures and poles heights and locations shall be shown on the first site plan for the child care center use. Lighting shall be powered up at 6AM, and powered down one hour after closing, and no later than 11PM.

10. Utilities

: Utilities shall comply with regulations in the Town of Leesburg’s Design and Construction Services manual. Compliance with the Town’s regulations shall be demonstrated to the County prior to the approval of a zoning permit for the child care center use. Utilities connections from the Town of Leesburg shall be shown on the site plan for the child care center use.

11. Right-of-Way Dedication: Pursuant to the policies of the Revised Countywide Transportation Plan

(2010 CTP), the Applicant shall dedicate 30 feet of right-of-way, as shown on Sheet 3 of the Special Exception Plat, along the Property’s frontage on Edwards Ferry Road, at no public cost, prior to site plan approval.

12. Trail Contribution:

The Applicant shall provide a cash contribution of $15,000 to be paid to the County prior to site plan approval to be used for pedestrian facilities or other road or transportation improvements in the Edwards Ferry Road vicinity or within the Catoctin District. The Applicant shall also dedicate a 10 foot wide public multi-use trail easement along the frontage of the Property adjacent to Edwards Ferry Road, at no public cost, prior to site plan approval.

13. Architectural

. The exterior materials of the building shall be composed of architectural shingle roofing, hardiplank siding, brick and some vinyl.

14. Signage.

Ground-mounted and wall-mounted signage shall consist of colors and materials that are consistent with the building façade for the special exception use.

NOTE:

The Applicant has volunteered to make a one time fire and rescue contribution to the County in the amount of $0.10 per square foot of constructed floor area for fire and rescue services. This contribution shall be made at the time the occupancy permit is approved. The amount of the contribution shall be adjusted annually from the base year of 1988 and change effective each January 1st, 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.



IX. ATTACHMENTS

Attachment Page 1 Referral Comments

1a Planning, Comprehensive Planning A-1 1b Building and Development, Zoning Administration A-10 1c Building & Development, Environmental Review Team A-23 1d Office of Transportation Services A-27 1e Virginia Department of Transportation A-54 1f Loudoun Water A-56 1g Health Department - Environmental A-57 1h Fire, Rescue and Emergency Services A-58 1i Town of Leesburg A-59 2 Disclosure of Real Parties in Interest (04-26-11) A-63 3 Applicant’s Statement of Justification A-77 4 Applicant’s Response to Referral Comments A-82 5 Conditions of Approval (dated 11-09-11) A-91 6 Plat (11-11-11) Follows A-93

*This Staff Report with attachments (file name BOSPH STAFF REPORT 01-10-12.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.

http://www.loudoun.gov/�

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