BOARD OF SUPERVISORS PUBLIC HEARING · Item #16, ZCPA-2015-0012, SPEX-2015-0033, ZMOD-2015-0016,...

DEPARTMENT OF PLANNING Date of Meeting: December 9, 2015 & ZONING STAFF REPORT

# 16 BOARD OF SUPERVISORS PUBLIC HEARING

SUBJECT: ZCPA-2015-0012, SPEX-2015-0033, ZMOD-2015-0016, Loudoun Station Commuter Parking Garage

ELECTION DISTRICT: Broad Run

CRITICAL ACTION DATE: August 2, 2016

STAFF CONTACTS: M. Tyler Klein, AICP, Project Manager, Planning & ZoningRicky Barker, AICP, Director, Planning & Zoning

APPLICANT: David A. Bryant, P.E., Comstock Development Services

PURPOSE: The applicant has submitted a request to change the concept plan and proffers approved with ZMAP 2002-0005 and ZCPA 2012-0001, Loudoun Station, in order to 1) amend the approved Concept Development Plan, 2) revise the development phasing, 3) revise obligations related to cash contributions for roadway improvements, 4) revise the commitment for the construction and conveyance of a commuter parkingfacility, 5) amend the network and phasing of road improvements, and 6) allocate thecurrently approved density and floor area among properties in the PlannedDevelopment-Transit Related Center (PD-TRC) zoning district. In addition, theapplicant is requesting a Special Exception to construct a commuter parking garage inthe PD-TRC zoning district with modifications to the maximum building height andfreestanding off-street parking facility requirements in the PD-TRC district.

RECOMMENDATIONS: The Planning Commission voted 6-0-3 (Dunn, Ryan & Salmon absent) at their November 17, 2015 public hearing to send the applications to the Board with a recommendation of approval, subject to further revisions to the Proffer Statement to address Staff concerns: a) resolution of cash contributions for transportation improvements; and b) replacing current transportation phasing triggers with unit caps to serve as transportation triggers, and further subject to the SPEX Conditions of Approval.

CONTENTS OF THIS STAFF REPORT Section Page Section Page Section Page

Motions 2 Outstanding Issues 10 Fiscal Impacts 13

Application Information 3 Policy Analysis 11 Utilities/Public Safety 14

PC Review 5 Land Use 11 Zoning Analysis 14

Findings for Approval 6 Compatibility 11 Zoning Modifications 14

Context 7 Environmental/Heritage 12 Conditions 15

Proposal 9 Transportation 12 Attachments 16

Item #16, ZCPA-2015-0012, SPEX-2015-0033, ZMOD-2015-0016, Loudoun Station Commuter Parking Garage

Board of Supervisors Public Hearing December 9, 2015

Staff supports many of the proposed amendments included in the application. However, Staff and the Applicant continue to work towards resolution with the elimination of the proffered phasing required for the construction of non-residential development and elimination of cash in lieu of construction contributions for transportation improvements that are not being constructed as part of the Metrorail project. Although the concept development plan (CDP) allows for approximately 1,709,954 square feet (SF) of additional non-residential development to fulfill the vision for Transit Oriented Development (TOD) in this area of the County, there is no timing on when the non-residential portion will be built. Typically, the completion of non-residential development has been tied to the construction of residential units. Staff notes that elimination of the proffered phasing will not guarantee the desired mix of uses (residential and nonresidential) encouraged by the Plan’s TOD policies and further, the elimination of proffered funds for transportation improvements may not ensure the appropriate facilities are built to serve Loudoun Station to mitigate the needs of the development. However, dedication and construction of the commuter parking facility may be appropriate as an offset to elimination of certain improvements to be completed by the Metrorail project.

The Conditions of Approval have been reviewed by the County Attorney’s Office. The provisions specified in the Proffer Statement are still under negotiation between the Applicant and the County. Staff received a revised Proffer Statement on November 24, 2015. This revised Proffer Statement has been included in the attachments section but was not included in Staff’s analysis for the December 9, 2015 Board Public Hearing Staff Report. Staff will provide a supplemental memorandum prior to the public hearing, detailing resolution of outstanding issues, receipt of final proffers and revised motions.

SUGGESTED MOTIONS:

1. I move that the Board of Supervisors forward ZCPA-2015-0012, SPEX-2015-0033,ZMOD-2015-0016, Loudoun Station Commuter Parking Garage, to the December16, 2015 Board of Supervisors Business Meeting for action.

OR

2a. I move that the Board of Supervisors suspend the rules.

AND

2b. I move that the Board of Supervisors approve forward ZCPA-2015-0012, SPEX-2015-0033, ZMOD-2015-0016, Loudoun Station Commuter Parking Garage, subject to the Proffer Statement dated November 24, 2015, subject to the special exception Conditions of Approval dated November 13, 2015 and based on the Findings for Approval included in the December 9, 2015 Board of Supervisors Public Hearing staff report.



OR

3. I move an alternate motion.

I. APPLICATION INFORMATIONAPPLICANT Comstock Development Services David A. Bryant, P.E. 1886 Metro Center Drive, 4

th Floor

Reston, VA 20190 [email protected]

REPRESENTATIVE Reed Smith LLP Mike Banzhaf 3110 Fairview Park Drive, Suite 140 Falls Church, VA 22042 [email protected]

REQUEST Comstock Loudoun Station, L.C., CLS Bldg C, LC and CLS Phase 1, LC of Reston, Virginia (collectively the “Applicant”), have submitted an application to amend the concept plan and proffers approved with ZMAP 2002-0005 and ZCPA 2012-0001, Loudoun Station, in order to: 1) amend the approved Concept Development Plan to add a commuter parking facility/retail use; 2) revise and/or delete development phasing; 3) revise and/or delete obligations related to cash contributions for roadway improvements, including deletion of payment of cash equivalent in lieu of construction obligations for various improvements; 4) revise the commitments related to the acquisition, construction and conveyance of a commuter parking facility and use of such facility by the Applicant; 5) amend the network and phasing of road improvements; and 6) allocate the currently approved density and floor area among properties in the PD-TRC (Planned Development-Transit Related Center) zoning district, with no resulting change in density. Applicant has also submitted an application for Special Exception approval for construction of a commuter parking garage in the Inner Core subarea of the PD-TRC zoning district. These applications are subject to the Revised 1993 Zoning Ordinance, and the proposed use is listed as a Special Exception under Section 4-1105. The Applicant also requests the following Zoning Ordinance modifications:

Zoning Ordinance Section Proposed Modification

§ Section 4-1107(B), Maximum Building Height

To increase the maximum building height for structures within the Inner Core to 225 feet from 175 feet and increase in the maximum building height for structures in the Outer Core to 175 feet from 125 feet.

§ Section 4-1111(C), Off Street Parking Facility, Freestanding

To permit use of architectural elements or landscaping on or adjacent to freestanding parking structures to shield vehicles parked within such structures from the view of motorists using the street.

§ Section 4-1121(B), PrivateStreets

To allow private residential streets to be extended to non-residential uses as well within the project. Re-affirmation of modification approved with ZMAP-2002-0005.

mailto:[email protected]

mailto:[email protected]



§ Section 5-1406(E)(2),Determination of Buffer Yard

To eliminate a Type 3 Buffer Yard between the proposed Kiss & Ride Facility/bus station area and the Dulles Greenway, which is an arterial roadway under the CTP. Prior to site plan approval for these uses, the Applicant shall submit a landscaping plan for review and approval by the County. Re-affirmation of modification approved with ZMAP-2002-0005.

§ Section-4-1102(A) & (C),Location, Size andComponents

To allow only two subareas of the PD-TRC (Inner Core & Outer Core) to be provided within the limits of this application in-lieu of the three subareas specified in the Ordinance. Re-affirmation of modification approved with ZMAP-2002-0005.

§ Section 4-1109(A) & (C), Mix of Uses

To modify the requirement that the minimum percentage of all uses be met prior to exceeding the minimum of the uses in any phase of the application. The Applicant will meet or exceed all minimum percentages by the completion of Phase 2 of the project. Re-affirmation of modification approved with ZMAP-2002-0005.

§ Section 4-1113(B),Pedestrian-Oriented BuildingPlacement and Uses

To reduce, within the Inner Core subarea of the Subject Property, the pedestrian-oriented development from the required minimum of 70% of first floor building frontage of Loudoun Station Drive (f/k/a Loudoun Station Boulevard – West) to a minimum of thirty-percent (30%). shall contain. Re-affirmation of modification approved with ZMAP-2002-0005.

§5-1102(F) Adjustments toParking Requirements.

To allow that the final number of required parking and loading spaces shall be provided per code unless a shared parking study is filed by the applicant at the time of FDP review. Re-affirmation of modification approved with ZMAP-2002-0005.

The subject properties total approximately 23.32 acres in size and are in the Broad Run Election District.

PARCELS/ACREAGE

Tax Map Number Parcel PIN # Address /79/P/1/////1/ 088-16-7575 43804 CENTRAL STATION DR #143, ASHBURN VA /79/P/8/////2/ 089-36-6561 N/A, ASHBURN VA /79/P/5/////1/ 089-46-0327 N/A, ASHBURN VA /79/P/5/////2/ 089-46-1316 N/A, ASHBURN VA /79/P/9/////F/ 089-46-1809 N/A, ASHBURN VA /79/P/9/////E/ 089-46-2227 N/A, ASHBURN VA /79/P/6/////1/ 089-46-2408 N/A, ASHBURN VA /79/P/6/////2/ 089-46-2700 N/A, ASHBURN VA /79/P/4/////4/ 089-46-2840 N/A, ASHBURN VA



/79/P/9/////H/ 089-46-2993 N/A, ASHBURN VA /79/P/7/////1/ 089-46-3894 N/A, ASHBURN VA /79/P/7/////2/ 089-46-4287 N/A, ASHBURN VA /79/P/4/////3/ 089-46-4224 N/A, ASHBURN VA /79/P/9/////G/ 089-46-4582 N/A, ASHBURN VA /79/P/4/////1/ 089-46-4753 N/A, ASHBURN VA /79/P/9/////C/ 089-46-5314 N/A, ASHBURN VA /79/P/8/////1/ 089-46-5476 N/A, ASHBURN VA /79/P/4/////2/ 089-46-5834 N/A, ASHBURN VA /79/P/3/////4/ 089-46-6102 43777 CENTRAL STATION DR, ASHBURN VA /79/P/1/////4/ 089-46-6163 N/A, ASHBURN VA /79/P/9/////D/ 089-46-6583 N/A, ASHBURN VA /79/P/9/////B/ 089-46-6740 N/A, ASHBURN VA /79/P/3/////1/ 089-46-7413 43781 CENTRAL STATION DR #190, ASHBURN, VA /79/P/1/////3/ 08-946-7548 N/A, ASHBURN VA /79/P/3/////3/ 089-46-7684 N/A, ASHBURN VA /79/P/1/////2/ 089-46-8658 N/A, ASHBURN VA /79/P/3/////2/ 089-46-8994 N/A, ASHBURN VA /79/P/9/////A/ 089-46-9208 N/A, ASHBURN VA /79/P/2/////4/ 089-46-9226 N/A, ASHBURN VA /79/P/2/////3/ 089-47-0508 N/A, ASHBURN VA /79/P/2/////1/ 089-47-0533 N/A, ASHBURN VA /79/P/2/////2/ 089-47-1719 N/A, ASHBURN VA

ACCEPTANCE DATE August 3, 2015

LOCATION North side of the Dulles Greenway (Route 267), south of Shellhorn Road (Route 643), east of Ryan Road (Route 772) and west of Devin Shafron Drive and Loudoun County Parkway (Route 607).

ZONING ORDINANCE Revised 1993

EXISTING ZONING PD-TRC (Planned Development Transit AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contour

POLICY AREA

Suburban Policy Area

(Ashburn Community)

PLANNED LAND USE

Transit Oriented Development-Non-Residential at a recommended Floor Area Ratio (FAR) up to 2.0 and a residential density up to 50 dwelling units per acre.

II. PLANNING COMMISSION REVIEW AND RECOMMENDATION

The Planning Commission held a public hearing on November 17, 2015. One (1) speaker, representing the Claude Moore Charitable Foundation, spoke in favor of the



application, noting the importance of commuter parking facilities to Metrorail service delivery and that the Applicant should be granted the flexibility in their development to respond to market changes. The primary topic discussed was further revisions to the Proffer Statement to address issues outlined by Staff regarding: (a) resolution of cash contributions for transportation improvements; and (b) replacing current transportation phasing triggers with unit caps to serve as transportation triggers. Further the Planning Commission discussed the rational nexus between the Applicant providing a commuter parking facility (garage) and relief from previously approved proffer commitments regarding cash contributions for transportation improvements in the vicinity of the Ashburn Metrorail Station.

The Planning Commission voted 6-0-3 (Dunn, Ryan & Salmon absent) to forward the application to the Board of Supervisors with a recommendation of approval, subject to the Proffer Statement dated September 24, 2015, and further subject to the Proffer Statement being amended to address issues outlined by Staff; and further subject to the Conditions of Approval dated October 28, 2015, and based on the Findings for Approval below.

III. FINDINGS FOR APPROVAL

1. The proposed Zoning Concept Plan Amendment (ZCPA) and Special Exception(SPEX) applications are consistent with the Revised General Plan (RGP) whichdesignate the subject property for non-residential uses and Transit OrientedDevelopment (TOD).

2. The proposed 1,433 parking space commuter parking facility will support the futurerail station and commuters north of the Dulles Greenway.

3. The location of a commuter parking garage within the outer core also allows for thehigher intensity land uses to be located closer to transit.

4. The proposed Zoning Concept Plan Amendment (ZCPA) and Special Exception(SPEX) applications are consistent with the Countywide Transportation Plan, andsupport connectivity to and from the future Metrorail station.

5. The proposed amendment does not result in an increase in approved residentialdensity or non-residential floor area for Loudoun Station.

6. This application is consistent with the requirements of the Revised 1993 ZoningOrdinance.



IV. CONTEXT

Location/Site Access – The approximately 23.32 acre subject property (encompassing 32 parcels) is generally located north of the Dulles Greenway (Route 267), south of Shellhorn Road (Route 643), east of Ryan Road (Route 772) and west of Devin Shafron Drive and Loudoun County Parkway (Route 607). The proposed commuter parking facility (garage) will be accessed from Metro Center Drive or Marquis Square; see vicinity map below.

Existing Conditions –The subject property is currently under development with mixed-use, residential and retail buildings and associated parking. To date the Loudoun Station project has developed 357 residential dwelling units, 122,500 square feet of commercial retail and service uses (including a movie theater), and 51,925 square feet of office. The minimum development required as part of Phase 1 has been met (139 residential dwelling units, 25,000 square feet of commercial retail and service uses, and 50,000 square feet of office).

Photo 1: Existing retail/commercial buildings at Loudoun Station

Surrounding Properties – Surrounding properties include large-scale commercial retail and service uses located to the west in the Ryan Park Center. The flex-industrial data center uses that characterize the Digital Exchange campus are located to the east.



Single family residential homes are located opposite of the site to the north, across Shellhorn Road, in the Regency neighborhood. Properties located to the south, across the Dulles Greenway, are vacant but are approved for large-scale, mixed-use TOD development as part of Moorefield Station (ZMAP 2001-0003).

Directions - From Leesburg, take Route 7 east to Loudoun County Parkway. Follow Loudoun County Parkway south to Shellhorn Road. Turn right onto Shellhorn Road. The subject property will be on the left.

Background – The subject site is being developed pursuant to ZMAP-2002-0005, as revised by ZCPA-2012-0001, Loudoun Station under the Planned Development – Transit Related Center (PD-TRC) zoning district to accommodate a pedestrian-scale mix of multi-family residential, retail, and office uses adjacent to the future Route 772 rail station (future Ashburn Metro Station) north of the Dulles Greenway.

Figure 1. Vicinity Map



The applicant proposes to change the CDP and proffers associated with a portion of the Loudoun Station rezoning (ZMAP 2002-0005, as revised by ZCPA 2012-0001), herein referred to as the Comstock Property. The Comstock Property is approximately 26.42 acres of the original Loudoun Station rezoning. The 16.84 acre remainder of the property is the subject of a separate Zoning Concept Plan Amendment (ZCPA 2015-0014), herein referred to as the Grammercy District. Loudoun Station is approved for up to 1514 residential dwelling units and up to 1,884,379 square feet of non-residential uses (ZMAP 2002-0005). Staff notes the Grammercy District ZCPA has requested to develop up to 590 residential units and up to 733,725 square feet of non-residential uses of those uses approved with ZMAP 2002-0005. The Gramercy District development calculations are based on 38.94% of the allowable development from the approved Loudoun Station rezoning.

The Applicant, Comstock Loudoun Station, have signed and Interim Agreement (October 2015) with Loudoun County to design, construct, operate and maintain a parking garage for future metro passengers, retail patrons and members of the public using Loudoun Station and future metro rail service. A Comprehensive Agreement between the Applicant and the County is currently under development, and is proposed to be in place by the end of 2015.

One (1) public comment was received through the Loudoun Online Land Applications System (LOLA), commenting on the number of parking spaces that may be available and the approximate delivery date for Metrorail service to the Ashburn Station.

V. PROPOSAL

Zoning Concept Plan Amendment – The applicant has submitted an application to amend the concept plan and proffers approved with ZMAP 2002-0005 and ZCPA 2012-0001, Loudoun Station, in order to 1) amend the approved Concept Development Plan, 2) revise the development phasing, 3) revise obligations related to cash contributions forroadway improvements, 4) revise the commitment for the construction and conveyanceof a commuter parking facility, 5) amend the network and phasing of roadimprovements, and 6) allocate the currently approved density and floor area amongproperties in the PD-TRC (Planned Development-Transit Related Center) zoningdistrict.

Special Exception – The Applicant is also proposing a special exception for a 1433 parking space commuter parking facility on a 1.74 acre site at the intersection of Metro Center Drive and Gramercy Park Drive, within the Transit Oriented Development (TOD) inner core.

Revised 1993 Zoning Ordinance Modifications – The Applicant seeks approval of several modifications to allow increased height of buildings in the TOD inner and outer core, and to allow alternative buffering and screening measures of the parking facility



from the street. Staff provides an evaluation of the zoning modifications under the Zoning Analysis section of this staff report.

VI. OUTSTANDING ISSUES

Staff notes the following outstanding issues pertaining to the proposed ZCPA:

Development Phasing

The applicant seeks to reduce the requirements for Phase 2 development to what exists on-site today (current development: 357 residential dwelling units, 122,500 square feet of commercial retail and service uses, and 51,925 square feet of office uses) in order to allow them to move into Phase 3 development. Reducing the non-residential square footage requirements within Phase 2, as proposed with this application removes any further linkage requirements between residential and non-residential uses. This would allow the Applicant to build all of their permitted residential dwelling units without any requirements to develop additional non-residential (retail/office/commercial) beyond that currently developed. Although the concept development plan (CDP) allows for approximately 1,709,954 square feet (SF) of additional non-residential development to fulfill the vision for Transit Oriented Development (TOD) in this area of the County, there is no timing on when the non-residential portion will be built. Typically, the completion of non-residential development has been tied to the construction of residential units. The County’s policies and original approved proffers have tied the completion of the non-residential development to the construction of the residential units. This Applicant’s proposal to eliminate such a linkage may cause a fiscal imbalance as there is no assurance to the timing of when the non-residential portion may be built. The Plan’s Transit Oriented Development (TOD) policies encourage a balance of uses developed during the build-out period.

Cash Contributions for Transportation Improvements

The Applicant proposes eliminating cash contributions for cash in lieu of constructing transportation improvements that were not previously completed from ZMAP-2002-0005, including: construction of bus facilities, roadway widening and improvements, turn lanes and a transit connector bridge. Staff could support the request to eliminate those commitments being fulfilled by others as part of the Metrorail project (i.e. the transit connector bridge being fulfilled by the County through ZCPA-2015-0014).

However, Staff does not support the request to eliminate other cash contributions that will not be fulfilled by the Metrorail project, as otherwise there are no assurances that those transportation improvements necessary for Loudoun Station will be completed to mitigate the needs of the development. Dedication and construction of the commuter



parking facility may be appropriate as an offset to elimination of certain transportation improvements to be completed by the Metrorail project.

Finally, in regards to the proposed SPEX for a commuter parking facility, there are no outstanding issues.

VII. POLICY ANALYSISZoning Map Amendment Petition (ZMAP) Criteria for Approval - Zoning Ordinance Section 6-1210(E) of the Revised 1993 Zoning Ordinance states that if an application is for a reclassification of property to a different zoning district classification on the Zoning Map, the Planning Commission shall give reasonable consideration to six (6) factors or criteria for approval. These criteria for approval are organized below by category, followed by Staff’s analysis.

Special Exception (SPEX) Criteria for Approval - Zoning Ordinance Section 6-1309 of the Revised 1993 Zoning Ordinance states that in considering a minor special exception or special exception application, six (6) factors shall be given reasonable consideration. These criteria for approval are organized below by category, followed by Staff’s analysis.

A. LAND USEZO §6-1210(E)(1) Appropriateness of the proposed uses based on the Comprehensive Plan,trends in growth and development, the current and future requirements of the community as toland for various purposes as determined by population and economic studies and other studiesand the encouragement of the most appropriate use of land throughout the locality.

Analysis – There are no outstanding land use issues pertaining to the ZCPA or SPEX proposals. The proposed applications maintain the vision for this part of the County as Transit Oriented Development around the future Ashburn Station Metrorail project. Although commuter parking facilities are not envisioned as a use within the inner core of TOD, the proposed commuter parking garage may be an appropriate use within the inner core as it does not appear to impact higher intensity uses locating closest to the rail station. The applicant also proposes to include 18,000 square feet of previously approved retail uses within the garage. Plan policies supports the integration of retail uses with the commuter parking garage.

B. COMPATIBILITYZO §6-1210(E)(2) The existing character and use of the subject property and suitability forvarious uses, compatibility with uses permitted and existing on other property in the immediatevicinity, and conservation of land values.

Analysis – Staff continues to have concerns with the proposed ZCPA which changes the previously approved phasing plan for Loudoun Station. To date the Loudoun Station project has developed 357 residential dwelling units, 122,500 square feet of commercial retail and service uses, and 51,925 square feet of office. The minimum development required as part of Phase 1 has been met (139 residential dwelling units,



25,000 square feet of commercial retail and service uses, and 50,000 square feet of office). The applicant is currently within Phase 2, which requires a minimum of 485 residential units, 188,438 square feet of commercial retail and service uses, and 150,001 square feet of office before Phase 3 development may be pursued. The applicant seeks to reduce the Phase 2 requirements to what exists today (357 residential dwelling units, 122,500 square feet of commercial retail and service uses, and 51,925 square feet of office uses) in order to move into Phase 3 development. With the removal of the existing Phase 2 minimums the applicant may develop the remainder of the project without having to provide any further balanced mix of uses.

Reducing the non-residential square footage requirements within Phase 2, as proposed with this application removes any further linkage requirements. This would allow the Applicant to build all of their permitted residential dwelling units without any linkage requirements to develop additional non-residential (retail/office/commercial) beyond that currently developed, or the balance of approximately 1,709,954 SF of non-residential development. There is no assurance that a balanced mix of uses will be provided. Plan policy specifies that TODs should have a diverse mix of uses to create a destination for transit users (commuters) as well as the residents of the TOD.

There are no compatibility issues with the proposed SPEX for a commuter parking facility. Conditions of approval have been provided for the SPEX use to ensure the design is consistent with Plan policy and zoning ordinance requirements.

C. ENVIRONMENTAL AND HERITAGE RESOURCESZO §6-1210(E)(5) Potential impacts on the environment or natural features including but notlimited to wildlife habitat, wetlands, vegetation, water quality (including groundwater),topographic features, air quality, scenic, archaeological, and historic features, and agriculturaland forestal lands and any proposed mitigation of those impacts.

Analysis – There are no outstanding environmental and heritage resource issues. Impacts and mitigation to environmental features was reviewed during approval of ZMAP-2002-0005. Locating a 1,433 commuter parking facility on the site is not anticipated to adversely affect any environmental features.

D. TRANSPORTATION

ZO §6-1210(E)(3) Adequacy of sewer and water, transportation, and other infrastructure to serve the uses that would be permitted on the property if it were reclassified to a different zoning district [emphasis added].

Analysis – There are outstanding transportation related issue regarding cash contributions for transportation improvements. The primary topics discussed during the referral process was trip generation, fulfillment of commitments for a commuter parking facility as specified in ZCPA-2012-0001, Loudoun Station, circulation to and from the parking garage and through Loudoun Station, commitments to ensure all public



roadways in the vicinity of the garage will be open to traffic at time of Metrorail service delivery, and pedestrian connectivity to and from the Metrorail station. Based on the provided Traffic Impact Study (TIS), the full build out of Loudoun Station (including both the Comstock and Gramercy District portions) is anticipated to generate 2,792 new trips (1,120 AM peak hour and 1,672 PM peak hour) by 2020. Transportation improvements as prescribed in the Countywide Transportation Plan (CTP) should be in place to ensure these new trips can be accommodated to and from the subject property by the opening of Metrorail service in 2019.

Staff notes that the Applicant proposes eliminating contributions for cash in lieu of constructing transportation improvements that have not yet been completed from ZMAP-2002-0005, including: construction of bus facilities, roadway widening and improvements, turn lanes and a transit commuter bridge. Some of these commitments have since been assumed by others as part of the Metrorail project, such as construction of bus facilities (“kiss and ride”) and the transit commuter bridge across the Dulles Greenway, which will be constructed by Loudoun County (through ZCPA-2015-0014, Loudoun Station Transit, Gramercy District). Staff reaffirms that the Applicant should maintain a cash contribution towards the transit commuter bridge (estimated at $230,000 in 2003 dollars plus escalation). Further, Staff does not support the elimination of these commitments, as there are no assurances that those transportation improvements will be completed prior to the opening of rail service as they will not be completed by the County or others as part of the Metrorail project.

E. FISCAL OR CAPITAL FACILITIESZO §6-1210(E)(4) The requirements for airports, housing, schools, parks, playgrounds,recreational areas and other public services.

Analysis – There are outstanding fiscal or capital facilities concerns of the proposed ZCPA or SPEX applications without a balanced use mix, the fiscal cost to the County has increased, or are being exchanged with dedication of land and construction of the commuter parking facility (garage). Staff notes several of the proffered transportation improvements were credited to offset capital facility impacts associated with the development, such as the construction of bus station and related facilities, the construction of Loudoun Station Boulevard, cash contribution towards the transit connector bridge, and the purchase of a commuter parking parcel at Ryan Park Center, see table 1 below.

Table 1: Estimated valuation of cash contributions proposed to be eliminated

Proffered Roadway Improvement Estimated Value (2003 dollars)

Transit Connector Bridge $230,000

Ryan Park Center Property $675,000



Loudoun Station Boulevard (2-lane road) $798,000

Construction of bus station and related facilities

$648,000

Total (estimate, 2003 dollars) $2,351,000

The total valuation of all capital facilities contributions approved under ZMAP-2002-0005 was approximately $7,021,764 (2003 dollars). Under this proposal, the applicant is seeking relief of 33.4% of their total capital facilities contributions. Staff has requested the applicant obtain an appraisal to determine the market value of the parking garage land being dedicated to ensure the value is consistent with Board policy for land dedication valuation and that the value offsets the elimination of other cash contributions for transportation improvements.

Staff recognizes that some of these previous commitments will be completed by others (i.e. Loudoun County) as part of the Metrorail project. Additionally, the applicant is dedicating land to the County and construction of the commuter parking garage for metro passengers. Dedication and construction of the commuter parking facility may be appropriate to offset the proposed elimination of these transportation improvements. Implementation of a commuter parking facility to support future Metro Rail service will serve both a County obligation to support development of Metro access and the Applicants on-going development of TOD around the future Metro station.

F. PUBLIC UTILITIES/PUBLIC SAFETYZO §6-1210(E)(3) Adequacy of sewer and water, transportation, and other infrastructure toserve the uses that would be permitted on the property if it were reclassified to a different zoningdistrict. (6) The protection of life and property from impounding structure failures. [emphasisadded].

Analysis – There are no outstanding utility and/or facilities issues. Public water and sewer are available to serve Loudoun Station and will be extended to serve the property at no cost to Loudoun County or Loudoun Water.

VIII. ZONING ANALYSIS

Analysis – There are no outstanding zoning issues, the proposed use, a commuter parking facility, is listed as a Special Exception use under the Revised 1993 Zoning Ordinance for the PD-TRC zoning district.

Minor changes have been requested to the Concept Development Plan (CDP) and SPEX plat during the referral process, and will need to be made by the Applicant prior to Board action. Zoning Administration will continue to review the concept plan, SPEX plat and proffers up until the Board of Supervisors renders action on this application.



ZONING MODIFICATIONS Criteria for Approval - Zoning Ordinance Section 6-1500 of the Revised 1993 Zoning Ordinance states that no modification shall be approved unless the Board of Supervisors finds that such modification to the regulations will achieve an innovative design, improve upon the existing regulations, or otherwise exceed the public purpose of the existing regulation. No modification will be granted for the primary purpose of achieving the maximum density on a site.

The Applicant is requesting the following modifications of the Revised 1993 Zoning Ordinance.

Minor changes have been requested and made by the Applicant to the Concept Development Plan (CDP) and SPEX plat during the referral process to reflect the requested zoning modifications.

IX. CONDITIONS OF APPROVAL (November 13, 2015)

Table 2: Requested Modifications.

Zoning Ordinance Section

Requested Modification and Justification

Staff Analysis/ Recommendation

§ Section 4-1107(B), MaximumBuilding Height

Requested Modification: To increase the building height for structures within the Inner Core to 225 feet from 174 feet and increase in building height for structures in the Outer Core to 175 feet from 125 feet.

Justification: The increased height will allow for the full development potential to still be realized with the removal of the 1.74 acres of land for the commuter parking garage.

Staff has no issue with the proposed modification.

§ Section 4-1111(C), Off StreetParking Facility,Freestanding

Requested Modification: To permit use of architectural elements or landscaping on or adjacent to the structure to shield vehicles parked within the structure from the view of motorist using the street.

Justification: To improve design and function of the commuter parking facility.

Staff has no issue with the proposed modification.



1. Substantial Conformance. – The development of the Special Exception Usedescribed in Condition 2 below shall be in substantial conformance with Sheets 3, 4,5, 6, 7, and 8 of 8 (collectively referred to herein as the “SPEX Plat”) of the plan setentitled “Special Exception for Loudoun Station, A Transit Oriented Development”,dated September 2015, revised through November 6, 2015, prepared by Urban,Ltd. incorporated herein by reference, and the Revised 1993 Loudoun CountyZoning Ordinance (the “Zoning Ordinance”). Approval of this application for anarea containing approximately 1.74 acres (the “Property”) consisting of the parcelidentified as Tax Map Number /79/P/8/////1/, (PIN #089-46-5476) and portions of TaxMap Numbers /79/P/8/////2/ and /79/P/9/////G/ (PIN #s089-36-6561and 089-46-4582,respectively), shall not relieve the Applicant or the owners of the Property, theirsuccessors, or parties developing, establishing or operating the approved SPEXUse, from the obligation to comply with and conform to any other Zoning Ordinance,Codified Ordinance, or regulatory requirement.

2. Use Permitted. - This Special Exception grants approval of a commuter parkingfacility (the “SPEX Use”), in the Inner Core subarea of the PD-TRC– TransitRelated Center zoning district of the Revised 1993 Zoning Ordinance.

X. ATTACHMENTS PAGE NUMBER

1 Review Agency Comments

1a Planning & Zoning, Comprehensive Planning A-1

1b Planning & Zoning, Zoning Administration A-12

1c Parks, Recreation and Community Services A-18

1d DTCI, Transportation Planning & Operations Division A-22

1e Virginia Department of Transportation A-41

1f Fire, Rescue and Emergency Services A-46

1g Planning & Zoning, Proffer Management A-47

2 Applicant’s Statement of Justification (last revised 07-01-15) A49

3 Applicant’s Response to Referral Comments A-55

4 Applicant’s Proffer Statement (last revised 11-24-15) A-86

5 Concept Development Plan (last revised 11-06-15) A-118

6 SPEX Plat (last revised 11-06-15) A-130

*This Staff Report with attachments (file name BOSPH STAFF REPORT 12-09-15.PDF) can be viewedonline on the Loudoun Online Land Applications System (LOLA) at www.loudoun.gov. Paper copies arealso available in the Department of Planning.

http://www.loudoun.gov/

BOARD OF SUPERVISORS PUBLIC HEARING · Item #16, ZCPA-2015-0012, SPEX-2015-0033, ZMOD-2015-0016,...

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Transcript of BOARD OF SUPERVISORS PUBLIC HEARING · Item #16, ZCPA-2015-0012, SPEX-2015-0033, ZMOD-2015-0016,...