County of Loudoun · County of Loudoun Department of Planning MEMORANDUM DATE: June 13, 2011 ......

County of Loudoun

Department of Planning

MEMORANDUM

DATE: June 13, 2011 TO: Loudoun County Board of Supervisors FROM: Julie Pastor, Director of Planning SUBJECT: Board of Supervisors Public Hearing

ZMAP-2008-0017, SPEX-2008-0068, SPEX-2—8-0069, SPEX-2008-0070, SPEX-2010-0018, SPEX-2010-0034, CMPT-2010-0014, Stonewall Secure Business Park – Staff Report Format

In an attempt to improve the quality and clarity of materials prepared for the Planning Commission and Board of Supervisors in the review of land development applications, a modified public hearing staff report format has been developed. The Stonewall Secure Business Park staff report has served to “pilot” this approach; first with the Planning Commission and now with the Board of Supervisors. Reaction and response from the Planning Commission has been very positive. The report outline is generally consistent with the Board’s current staff report for land development applications. The first few pages continue to present key information including Purpose, Recommendations, Motions, Application Information, Commission Review and Findings. The most notable changes come in the Analysis section of the report. The current report includes a summary of issues, an analysis of issues based on agency comments, and a summary of issues categorized by the Criteria of Approval found in Article VI of the Zoning Ordinance. As a result, it is common to discuss the same issue in multiple locations in the staff report. The “pilot” format organizes comments from all agencies under topics that refer to the Criteria for Approval in Article VI of the Zoning Ordinance. As such, the analysis discussion occurs only once. A table under each topic summarizes the resolved issues, while the discussion section focuses on unresolved issues. Staff is seeking Board comments and response to the draft format. Please forward any comments to Julie Pastor, Director of Planning. Staff will work with the Board Leadership to review suggestions and consider using the new format for future legislative applications.

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Supplement

DEPARTMENT OF PLANNING Date of Hearing June 13, 2011 STAFF REPORT

BOARD OF SUPERVISORS PUBLIC HEARING

SUBJECT: ZMAP-2008-0017, SPEX-2008-0068, SPEX-2008-0069, SPEX-2008-0070, SPEX-2010-0018, SPEX-2010-0034, CMPT-2010-0014, Stonewall Secure Business Park

ELECTION DISTRICT: Catoctin (former and new)

CRITICAL ACTION DATE: extended to June 21, 2011

STAFF CONTACTS: Judi Birkitt, Project Manager, Department of Planning Julie Pastor, AICP, Director, Department of Planning PURPOSE: The purpose of this item is to consider rezoning 193.59 acres within the Transition Policy Area from TR-10 (Transitional Residential–10) to PD-IP (Planned Development–Industrial Park) in order to develop up to 3.9 million square feet of data centers and up to 1 million square feet of non-data center permitted and special exception uses. This agenda item also includes six (6) Special Exception applications: (1) office uses that do not meet the criteria contained in Section 4-503(G), (2) an increase in the allowable Floor Area Ratio (FAR) for office and data center uses from 0.40 to 0.60, (3) a water storage tank, (4) a water treatment plant, (5) a utility substation, and (6) an indoor firearm range. Also, the request includes a Commission Permit for a utility substation.

RECOMMENDATIONS: In a work session on May 11, 2011, the Planning Commission denied the Commission Permit (5-3-1 Keirce, Ronis, and Syska–opposed, Klancher-absent) and forwarded the ZMAP and SPEX applications to the Board with a recommendation of denial (5-3-1 Keirce, Ronis, and Syska–opposed, Klancher-absent).

Staff recognizes that a secure data center park may be unique and could have a positive economic impact upon the County. However, the proffers do not guarantee that the property would develop as a data center park. Some of the permitted PD-IP uses may be compatible with the adjacent industrial uses to the northeast—the quarry and the future power plant and water treatment plant. However, with a proposed density of 0.6 FAR, a potential building area of 4.9 million square feet, and maximum building heights of up to 100 feet, the scale and intensity of the project is inconsistent with the rural character, higher open space, and lower densities envisioned for the Lower Sycolin subarea of the Transition Policy Area and incompatible with the residences to the west. As such, Staff cannot support these applications.

CONTENTS OF THIS STAFF REPORT Section Page Section Page Section Page

Motions 2 Outstanding Issues 10 Utilities/Infrastructure 19

Application Information 3 Land Use 11 Public Safety 20

PC Review & Findings 4 Compatibility 13 Zoning 20

Context 5 Environmental 15 Zoning Modifications 20

Proposal 7 Transportation 17 Conditions 21

Analysis 10 Economic Development 19 Attachments 24

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ZMAP-2008-0017, SPEX-2008-0068, SPEX-2008-0069, SPEX-2008-0070, SPEX-2010-0018, SPEX-2010-0034, CMPT-2010-0014, Stonewall Secure Business Park

Board of Supervisors Public Hearing June 13, 2011

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SUGGESTED MOTIONS: Motion #1 - CMPT 1. I move that the Board of Supervisors forward CMPT-2010-0014, Stonewall Secure

Business Park to a Business Meeting for action. [timeline extension required unless June 21, 2011]

OR 2. I move that the Board of Supervisors forward CMPT-2010-0014, Stonewall Secure

Business Park, to the Transportation and Land Use Committee for further discussion. [timeline extension required]

OR

3. I move an alternate motion. AND Motion #2 - ZMAP and SPEXs

1. I move that the Board of Supervisors forward ZMAP-2008-0017, SPEX-2008-0068, SPEX-2008-0069, SPEX-2008-0070, SPEX-2010-0018, and SPEX-2010-0034, Stonewall Secure Business Park to a Business Meeting for action. [timeline extension required unless June 21, 2011]

OR

2. I move that the Board of Supervisors forward ZMAP-2008-0017, SPEX-2008-0068,

SPEX-2008-0069, SPEX-2008-0070, SPEX-2010-0018, and SPEX-2010-0034, Stonewall Secure Business Park, to the Transportation and Land Use Committee for further discussion. [timeline extension required]

OR 3. I move an alternate motion.



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I. APPLICATION INFORMATION APPLICANT Stonewall Creek LLC John A. Andrews, II, Managing Member [email protected]

REPRESENTATIVE Walsh Colucci Lubeley Emrich & Walsh PC Ms. Kimberlee Welsh Cummings, AICP [email protected]

REQUESTS An application to rezone approximately 193.59 acres from the TR-10 (Transitional Residential-10) zoning district to the PD-IP (Planned Development-Industrial Park) zoning district in order to permit the development of a secure business park consisting of up to 4,900,000 square feet of permitted and special exception uses at a maximum Floor Area Ratio (FAR) of 0.4 (up to 0.60 by Special Exception). Applications for special exceptions to permit office, administrative, business and professional, which do not meet the criteria contained in Section 4-503(G) (data center and office uses), an increase in the maximum FAR from 0.40 to 0.60 (for data center and office uses), a water storage tank, a water treatment plant, an indoor firearm range, and a utility substation, transmission, under Sections 4-504(A), 4-506(C), 4-504(CC), 4-504(M), 4-504(DD), and 4-504(K) (pursuant to Section 5-616), respectively. Commission approval to permit a utility substation, transmission in accordance with Sections 5-616 and 6-1101. The applicant is also requesting modification of the Revised 1993 Zoning Ordinance as follows:

Section Proposed Modification

§4-502, Size and Location.

To permit a PD-IP district to be located in an area that is not consistent with locations identified in the Comprehensive Plan for industrial use.

TAX MAP NUMBER

PIN ACRES OWNERSHIP

/60////////41/ 193-27-9018 94.88 acres Sycolin Corner LLC

/60////////39/ 194-48-6020 45.17-acre portion of a

59.94-acre parcel LTI Limited Partnership

/61////////13/ 194-49-8227 53.54-acre parcel LTI Limited Partnership

ACCEPTANCE DATE February 17, 2009 (timeline stopped at Applicant’s request from 5/15/09 to 8/17/10)

LOCATION East of Sycolin Rd. (Rt. 643), south of Cochran Mill Rd. (Rt. 653), and north of the Dulles Greenway

ZONING ORDINANCE Revised 1993

EXISTING ZONING TR-10 (Transitional Residential-10)

POLICY AREA Transition Policy Area (Lower Sycolin Subarea)

PLANNED LAND USE Residential uses at a base density of 1 dwelling/10 acres in a clustered pattern, with the option to rezone to a density of 1 dwelling/ 3 acres in a Rural Village, and non-residential uses that provide a transition between the Rural and Suburban Policy Areas.

mailto:[email protected]

mailto:[email protected]



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II. PLANNING COMMISSION REVIEW AND FINDINGS The Planning Commission held a public hearing on these applications on March 23, 2011. Eight (8) members of the public spoke on the applications. Seven spoke in opposition, stating concerns with the broad range of uses, density, building height, traffic, noise, tree removal, and environmental impacts. The eighth speaker spoke in favor of preserving the archaeological site. Planning Commission discussion focused upon the proposal’s inconsistency with the Revised General Plan’s land use policies for the Transition Policy Area, the need to limit the allowable uses, open space, visual impacts, and transportation impacts. The Commission forwarded the applications to a worksession (9-0) for further discussion. The Planning Commission held two work sessions on these applications. In work session on April 13, 2011, after a discussion of allowable uses, open space, visual impacts, and transportation impacts, the Commission directed the Applicant to: (1) limit uses to data centers, a maximum of 500,000 square feet of non-data center principal office uses, and a maximum of 500,000 square feet of research and development and similar uses, (2) link the transportation cash contribution to average daily trips rather than use, so that the amount of the contribution would correspond to the intensity of the impact, (3) reserve right-of-way for the realigned Cochran Mill Road per the Countywide Transportation Plan, and (4) strengthen the archaeological site proffer language. The Commission forwarded the applications to a subsequent worksession. On May 11, 2011, the Planning Commission held a second work session on these applications. The revised proffers reflected the Commission’s requested transportation revisions. However, the proffers did not fully limit the uses as directed by the Commission and did not incorporate the suggested language changes to the archaeological site proffer. Specifically, the Commission suggested that soil disturbance within the pottery site be in accordance with a management plan that is approved rather than reviewed by the County Urban Forester, and that such plan be approved by the County Archaeologist. Discussion at the work session focused on land use. Commissioners asked the Applicant to consider a phasing plan to guarantee that some of the data centers would develop prior to the one million square feet of non-data center uses and to consider linking the project to the power generating plant, so that it would be unique, but the Applicant was not agreeable to either suggestion. The Commission denied the Commission Permit (5-3-1 Keirce, Ronis, and Syska–opposed, Klancher-absent) and forwarded the ZMAP and SPEX applications to the Board with a recommendation of denial (5-3-1 Keirce, Ronis, and Syska–opposed, Klancher-absent) based on the Findings for Denial below. Regarding the procedure for a Commission Permit, Section 6-1104 the Revised 1993 Zoning Ordinance states that within sixty (60) days after the Planning Commission has acted (by July 10, 2011 in this case), the Board of Supervisors may overrule the action of the Planning Commission by a vote of a majority of the membership thereof. In this case, the Applicant has granted written permission for the Commission Permit to track on the same timeline with the rezoning and special exception applications.



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Findings for Denial

1. The Proffer Statement provides no assurance that a unique data center park and federal government contracting industry cluster would develop on the subject property, as is proposed in the Applicant’s Statement of Justification. Given the potential uses, the subject property could develop as any other suburban industrial park located in eastern Loudoun County’s Suburban Policy Area.

2. With a proposed density of 0.6 FAR for data centers and offices, a potential building

area of 4.9 million square feet, and maximum building heights of up to 100 feet, the proposed scale and intensity of the development are inconsistent with the rural character, lower densities, and higher open space envisioned for the Lower Sycolin subarea of the Transition Policy Area.

3. The proposed development is inconsistent with the County’s intended land uses for the Transition Policy Area: a base density of one dwelling unit per ten acres in a clustered development pattern or non-residential uses that achieve a visual and spatial transition between the Suburban and Rural Policy Areas, that fully integrate the elements of the Green Infrastructure, and that establish natural open spaces as a predominant visual element. (Revised General Plan, Chapter 8, Lower Sycolin and Middle Goose Subareas, text).

4. The proposed maximum 100-foot building height is a significant departure from the 40-foot maximum specified in the Transition Policy Area’s design guidelines for non-residential developments along major collector roads, such as Sycolin Road. The application can not screen views of 100-foot tall buildings and 120-foot tall water storage tanks from Sycolin Road and the Dulles Greenway or from adjacent residential uses.

5. The application does not provide an adequate quality and placement of open space, tree preservation, and buffering to minimize the project’s visual impacts, break up the mass and scale of the development, screen views of the project from the Dulles Greenway and Sycolin Road, and to provide a visual and spatial transition between the Rural and Suburban Policy Areas. Much of the designated Tree Save Areas are lesser-quality early successional forest, which are low priorities for preservation, whereas high-quality hardwood trees in the central portion of the site are planned for removal.

6. The scale and intensity of the proposed development is incompatible with the existing single-family residences adjacent to the west.

III. CONTEXT Location/Site Access – The site is located on the east side of Sycolin Road (Route 643), approximately half of a mile south of Leesburg, and south of Cochran Mill Road (Route



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653). The property is bounded on the north by Sycolin Creek and on the south by the Dulles Greenway, with the exception of a small portion that extends to the south side of the Dulles Greenway. The property excludes a 100-foot wide access road between Sycolin Road and the Green Energy Partners/Stonewall Hybrid Energy Park site. The subject property is accessed from Sycolin Road (Route 643), which, along the site’s frontage, is currently a two-lane paved roadway with no sidewalk or bicycle facilities. The Countywide Transportation Plan (CTP) calls for this portion of Sycolin Road to be a four-lane median divided major collector within a 90-foot right-of-way.

Graphic 1. Vicinity Map

Directions: From Leesburg, take Sycolin Road (Route 643) south past the Leesburg Executive Airport. The site is on the left, beyond Cochran Mill Road (Route 653). Look for the pullover on the left past the large White Oak Tree. Existing Conditions – The site is undeveloped with no existing buildings, septic fields, or wells. Two existing 150-foot tall overhead electrical power lines and towers within a 250-foot wide easement and two underground interstate gas transmission lines within a 30-foot wide easement traverse the eastern side of the subject property in a north/south

Dulles Greenw

ay (Route 267)E

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n M

ills R

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Belmont R

idge R

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Harry Byrd Hwy (Route 7)

Cochran Mill Rd

W &

OD

Tra

il

Gan

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Go

ose C

reek

Town of Leesburg

Phillip A. Bolen Park

Ashburn

Lansdowne

Luck StoneQuarry

GEP/S Hybrid Energy

Park

SITE

Luck Stone Quarry

Syco

lin R

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Sycolin Creek

Loudoun WaterWater

Treatment Plant

Gulick Mill Rd

LeesburgExecutive

Airport

Ashburn Farm

Belmont Forest

Belmont

Goose Creek Village

RedCedar

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direction. The property contains three (3) archaeological sites, including a significant early nineteenth century pottery kiln site situated near Sycolin Road. The property is environmentally sensitive with wetlands, 5.44 acres of major floodplain, 4.8 acres of very steep slopes,13.5 acres of moderately steep slopes, diabase, and habitat. Further, the site contains forest resources including high-quality upland hardwoods on the interior of the site and an approximately 120-year old, 48-inch diameter White Oak specimen tree along the Sycolin Road frontage. The subject property is located partially within the QN (Quarry Notification) Overlay District, partially within the AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contour for the Leesburg Executive Airport, and partially within the FOD (Floodplain Overlay District). A Scenic Creek Valley Buffer extends 150 feet from the channel scar line of Sycolin Creek onto the property. Surrounding Properties – Several single-family residences with frontage along Sycolin Road abut the subject property’s western property line. These residential properties are zoned TR-10 (Transitional Residential-10). The property north of Sycolin Creek is zoned JLMA–20 (Joint Land Management Area-20) and consists of scattered single family residences along Cochran Mill Road. Philip A. Bolen Memorial Park is also situated north of the subject property, on the north side of Cochran Mill Road. Surrounding properties to the east are the subject of recently approved rezoning applications. To the northeast is the Green Energy Partners/Stonewall Hybrid Energy Park site (ZMAP 2009-0005), which was rezoned from TR-10 and JMLA-20 to PD-GI (Planned Development-General Industry) to allow a utility generating plant and transmission facility. To the east, the Board recently approved Luck Stone’s application to expand its quarrying operations (ZMAP 2009-0030). To the southeast, the Board recently approved Loudoun Water’s special exception for a water treatment plant (SPEX 2009-0021).

IV. PROPOSAL

The Applicant seeks to rezone 193.59 acres within the Transition Policy Area from TR-10 to PD-IP in order to develop a 4.9 million square-foot secure business park. The business park would not be open to the general public. The Applicant proffers that access to the site would be controlled through security measures, and that access would be allowed only for authorized employees, contractors, visitors, and invitees of businesses and uses within the development (Proffer II.8.). The Concept Plan situates guard houses at both the primary (Sycolin Road) and emergency (Gant Lane) site entrances. Internal streets would be privately owned and maintained by a Business Owner’s Association. Uses - As summarized in the table below, the development would consist of up to 3.9 million square feet of data centers and up to one (1) million square feet of non-data center uses. The Applicant has proffered out many permitted PD-IP uses, such as adult day care centers, commuter parking lots, and contractor service establishments (Proffer I.2). The one (1) million square feet of non-data center uses could consist of a range of uses but, as proffered, could not exceed 500,000 square feet of principal office uses and cannot



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exceed a combined total of 500,000 square feet of flex-industrial, distribution facilities, and warehouses. The Applicant does not propose phasing at this time.

Table 1. Summary of Proffered Uses

Maximum

Square Feet

Uses Applicant’s Proffer Statement (May 11, 2011)

3,900,000 Data centers

1,000,000

Non-data center uses – any combination of the following uses:

Office – not to exceed 500,000 square feet

Flex-industrial + Distribution facility + Warehousing – not to exceed a combined total of 500,000 square feet

Research & development

Wholesale trade

Manufacture, processing, fabrication of products

Health & fitness

Printing service

Bank or financial institution

Carry-out restaurant

Other permitted uses in the PD-IP zoning district that the Applicant has not proffered out

Special exception uses in the PD-IP zoning district, including those proposed as part of these applications

4,900,000 TOTAL

Land Bays and Building Height – As shown on Graphic 2, the site contains ten (10) land bays. The Applicant has agreed to limit the building height to forty-five (45) feet within the land bays that are adjacent to the existing residential properties to the west and the Dulles Greenway: Land Bays A, B, C, F2, and I. Because Land Bay F1 sits on a ridge, the Applicant has agreed to limit the building height to seventy-five (75) feet. For Land Bay F1, the Applicant agrees to limit the maximum building height to 75 feet, because Land Bays F1 and F2 are situated on a ridge at a higher elevation that the remainder of the property. For Land Bays D, E, and H, the Applicant proposes the maximum 100-foot building height that is permitted within the PD-IP zoning district. Special Exception Requests - The application includes the following six (6) special exception requests that, according to the Statement of Justification, are necessary to realize a high security, self-sustaining business park. 1. Floor Area Ratio (FAR) increase from 0.4 to 0.6 – For office and data center uses, the Applicant is requesting to increase the FAR from 0.4 to 0.6, which would increase the maximum allowable floor area from 3.28 million square feet to 4.9 million square feet. In the Statement of Justification, the Applicant states that the increase is needed to accommodate the large amount of floor area that data centers require for equipment and computers. Note that based on the proffered maximum building heights, approximately



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1.6 million square feet of the total floor area would need to be located below grade (underground), and 3.4 million square feet could be located above grade (above ground). 2. Office, administrative, business and professional uses that do not meet the requirements of Section 4-503(G) of the Revised 1993 Zoning Ordinance – When requesting one hundred (100) percent office/data center in the PD-IP zoning district, it is necessary for this application to request this special exception. The criteria of Section 4-503(G) apply to by-right development within the PD-IP district. As a special exception, Staff evaluates the proposal using the criteria in Section 6-1310.

3. Utility Substation, Transmission – The Applicant’s Statement of Justification states that having an uninterrupted source of electrical power is crucial to the proposed secure business park. The Applicant proposes an on-site utility transmission substation to provide a secure, redundant source of electrical power. The Statement of Justification states that the new 40 MW NOVEC substation in the Philip A. Bolen Memorial Park would not be sufficient to meet the business park’s power needs, and that local distribution lines do not carry enough power to support the proposed uses. The substation would be located under the existing overhead utility lines, north of land bays G and H, adjacent to the Hybrid Energy Park property. 4. and 5. Water Storage Tank and Water Treatment Facility - The Applicant proposes one private water treatment facility and one water storage tank for the purpose of providing the

business park a secure, redundant source of potable water. The business park would use water that is treated and stored onsite in the event that public water is unavailable or contaminated. The Concept Plan shows 3 possible locations for the tank and facility. If the



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location of the water tank is west of Land Bay F1, the Applicant has agreed to limit the height of the water tank to 100 feet, as terrain in the vicinity of Land Bays F1 and F2 is at a higher elevation (General Note, Sheets 4 and 5). The proposed maximum height of the water tank if located in one of the other two locations is 120 feet. Any floor area associated with the water treatment facility would be included within the one (1) million square feet of non-data center uses. 6. Indoor Firearm Range –The Applicant proposes an indoor firearm range for use by the business park. The firearm range would not be open to the general public and would not be located within Land Bays A, B, or C, which are the land bays on the west side of the property, adjacent to residential uses (Sheet 4, Note 11). The floor area for the indoor firearm range would fall within the one (1) million square feet of proposed non-data center uses.

V. ANALYSIS Zoning Ordinance Criteria for Approval - 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. Section 6-1103(A) (for Commission Permit applications) of the Revised 1993 Zoning Ordinance states, “The Planning Commission shall review the application to determine if the feature for which approval is sought is substantially in accord with the adopted Comprehensive Plan.” OUTSTANDING ISSUES SUMMARY 1. Land use scale and intensity - With a proposed density of 0.6 FAR for data centers

and offices, a potential building area of 4.9 million square feet, and maximum building heights of up to 100 feet, the proposed scale and intensity of the development are inconsistent with the rural character, lower densities, and higher open space envisioned for the Lower Sycolin subarea of the Transition Policy Area. The justification for not pursuing a Comprehensive Plan Amendment would be that the project is unique. However, the proffers currently provide no assurance that a unique data center park would develop on the subject property.

2. Open space and forest resources - While the percentage of proposed open space (51%) meets the minimum range threshold (50-70%), the quality and placement of the proposed open space does not achieve its intended purpose: providing a visual and spatial transition between the Rural and Suburban Policy Areas and screening the uses from the Dulles Greenway and Sycolin Road.

45’

45’



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3. Proffer Statement Review – The Office of the County Attorney is currently reviewing the Proffer Statement.

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. (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 – Land use scale and intensity is this application’s fundamental outstanding issue, as discussed below.

1. Land Use Scale and Intensity – The proposal is not consistent with the Comprehensive Plan. A potential building area of up to 4.9 million square of non-residential floor area and a proposed density of 0.6 FAR for data center and office uses is inconsistent with the Revised General Plan’s vision for the property: a base density of one dwelling unit per ten acres in a clustered development pattern or non-residential uses that provide a visual and spatial transition between the suburban development in the east and the rural development in the west with natural open space as a predominant visual element. (Revised General Plan, Chapter 8, Lower Sycolin and Middle Goose Subareas, text). Further, the proposed 100-foot tall building heights are a significant departure from the 40-foot maximum that the Revised General Plan envisions for non-residential developments along major collector roads within the Transition Policy Area.

The proposed rezoning will not provide moderate housing because no residential is proposed. The special exception uses will not promote the convenience of the public, as the uses are proposed to serve the business park only. There are changing conditions to the north and east of the property, specifically the recently approved quarry expansion, power plant, and water treatment plant. Given the proximity of the subject property to those sites, some of the proposed uses may be reasonable on a portion of the subject property. However, the proposed scale and intensity is incompatible with the rural character, lower densities, and higher open space requirements envisioned for the Lower Sycolin subarea and incompatible with the existing residential uses to the west. For comparison, the Revised General Plan recommends a density of between 0.3 and 0.4 FAR for light and general industrial parks in the Suburban Policy Area. Possible solutions include density reductions and building height reductions. The Applicant advises that further density and building height reductions are not a viable option.

2. Comprehensive Plan Amendment – In a case such as this, when the proposed

scale and intensity deviates from the County’s adopted land use policies, the

justification for not pursuing a Comprehensive Plan Amendment (CPAM) would be



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that the proposed project is unique. The Applicant’s Statement of Justification states

that the Stonewall Secure Business Park would provide a large campus setting for

high security uses and create an opportunity for a new Federal Government

Contracting Industry Cluster in Loudoun County. The uses described in the Applicant’s

Statement of Justification include such uses as data centers, research and

development, and government and private sector security training and testing,

intelligence, and information technology facilities.

Such a secure data center park and federal government contracting industry cluster may be a unique development on the subject property within the Lower Sycolin Subarea of the Transition Policy Area. However, the revised proffers provide no guarantee that the subject property would develop as a data center park and federal government contracting industry cluster. Prior to the second Planning Commission work session, the Applicant did proffer that a maximum of one (1) million square feet of uses would be non-data centers. Without a proffered phasing plan that guarantees that data centers will develop prior to the one (1) million square feet of non-data centers, the project could develop as any other suburban industrial park in eastern Loudoun County with, for example, one (1) million square feet of office, manufacturing, and warehousing uses and could never realize any data centers. At a community meeting in May, adjacent residents expressed a desire for the Board to undertake more detailed planning prior to taking action on Stonewall to protect existing residents, ensure adequate utilities and transportation service and to consider the future development of their properties. Residents pointed to the recent land use approvals for Luck Stone, Loudoun Water and Phil Bolen Park as justification for a new land use plan. Residents also voiced concern about the lack of protection offered by the applicant and specifically recommended removing or realigning Cochran Mill Road on the CTP to avoid the potential loss of several existing homes. Without proffers that ensure a unique secure data center park, there is no compelling reason to erode the Transition Policy Area or to risk setting a precedent that could cause the higher density, more intense uses intended for the Suburban Policy Area to encroach into the Transition Policy Area. Staff notes that the overhead electrical lines and underground natural gas lines found on the subject property continue onto the south side of the Dulles Greenway southward into the other subareas of the Transition Policy Area. One possible solution would be to proffer a phasing plan that ensures that data centers comprise a minimum of fifty percent (50%) of the subject property’s total uses at all phases. Another potential solution mentioned at a Planning Commission work session was proffering that the business park would not commence prior to occupancy of the Hybrid Energy Park. Linking the power plant to the business park would create a uniquely energy efficient data center development. The Applicant advised the Planning Commission that such phasing and linkages would make financing the project difficult. The Applicant has since advised Staff that he is exploring these options.



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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 – Compatibility with adjacent residential uses to the west and general compatibility with the Transition Area is an outstanding issue related to the land use scale and intensity of the proposed project. Residential property owners to the west have expressed concerns regarding a negative impact upon their property values from the development. The Policy Area’s design guidelines for non-residential developments along major collector roads, such as Sycolin Road, state that non-residential uses should relate to the surrounding landscape and the heights of adjacent structures.

The proposed 100-foot tall building heights are a significant departure from the 40-foot maximum that the Revised General Plan envisions for the Transition Policy Area. By comparison, the adjacent residences to the west are predominantly one story and less than 15 feet tall. These houses are in the 1,000 to 2,000 square foot size range with construction dates of 1960s or earlier. The height of the existing on-site overhead power lines and lattice towers is 150 feet. However, the open lattice-work of the tall structures makes them less imposing than 4.9 million square feet of solid building mass. The maximum building height for the Loudoun Water–Water Treatment Plant is 40 feet in accordance with the MR-HI zoning district regulations. The use was approved based on the County’s General Water and Wastewater Policies (Revised General Plan, Chapter 2, Infrastructure). Approved heights for the Hybrid Energy Park include two 65-foot tall water tanks, a 75-foot tall cooling tower, two 70-foot tall and two 110-foot tall combustion turbines, and four 140-foot tall exhaust stacks. Staff notes that the power plant had unique findings for approval based on the Energy and Communication Facilities Policies (Revised General Plan, Chapter 2, Infrastructure).

In a Planning Commission work session, the Applicant’s data center expert discussed that one hundred (100) feet in building height allowed for three (3) stories of data centers and the associated cooling equipment. Recognizing that there will be future changes in technology, Loudoun County’s existing data centers are one story. The Board recently approved a special exception for an increase in FAR from 0.4 to 0.6 for Equinix, including a condition that limited building height to seventy-five (75) feet. Staff notes that the Applicant has agreed to limit building heights adjacent to the residential properties and the Dulles Greenway to 45 feet. Possible solutions include proffering to reduce the



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proposed maximum building height within the remaining land bays and proffering to break up the Land Bays with landscaping. The Applicant advises that further building height reductions are not a viable option. Refer to Attachment 5 (page A-287) for the Applicant’s photo-simulations of building heights superimposed within the existing tree cover. Staff notes that all of the trees shown on the photo-simulations are not proposed to be preserved within Tree Save Areas.

Table 3 summarizes how the Applicant has adequately addressed other compatibility issues, including lighting, noise, and building design, and how the Applicant has worked with the adjacent residents to address some of their concerns with Proffers and agreed upon Conditions.

Table 3. Compatibility

Resolved Issues Proffer or Condition

Extension of Public Water and Sewer to Residences – The Applicant proffers to extend public water and sewer to the western property boundary, upon development of Land Bays A, B, or C, and to pay a one-time Loudoun Water tap fee. (Each residential property owner would be responsible for extending a line from their house to connect to this line.)

Proffer VI.28.

Perimeter Buffer - The Applicant has expanded the perimeter buffer from 50 to 75 feet along the western property boundary abutting the residential properties.

Proffer IX.32.a.

Additional Screening Adjacent to Residential – Along the western boundary of Land Bays A, B, and C, in addition to the required Type IV buffer, the Applicant proffers to plant a staggered double row of white pine trees, a minimum of 6’ in height, adjacent to the land bay where construction is occurring between the property line and any building or parking areas and to install a security fence.

Proffer IX.32.c and d.

Noise - The Applicant proffers to situate generators on the east side of Land Bays A, B, and C, away from residences. The Applicant agrees to a Condition that would prohibit the indoor firearm range from being located in Land Bays A, B, or C, next to residential uses.

Proffer IX.32.b.

SPEX- 2010-0018

Condition 1

Building Design - To break up the building mass on buildings that face east, west, or south in Land Bays D, E, F1, G, and H and that exceed 45’ in height, the Applicant has agreed to a condition that such exterior building surfaces will be articulated through fenestration, belt courses, string courses, cornices, corbels, or changes in colors or surfaces.

SPEX-2008-0068

Condition 8

Lighting – The Applicant proffers to install lighting in Land Bays A, B, and C that is directed downward and inward, full cutoff, fully shielded, shoebox design, and mounted as low as practicable to preclude light trespass onto residential properties.

Proffer III.19.

Water Tank – A Condition of Approval limits the height of the water tank located on the ridge west of Land Bays F1 and F2 to 100 feet tall and limits the water tank height at the other two potential locations to 120 feet tall. Another condition would require the water tank to be a neutral color or a color to match the sky.

SPEX-2008-0069 & -0070

Conditions 1-3

Pre-Construction Residential Survey – The Applicant proffers to survey residential properties (with written permission of property owners) before conducting any blasting and to document existing conditions of foundations,

Proffer IX.31.



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C. ENVIRONMENTAL 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 is one outstanding environmental issue, the quality and placement of open space and forest resources. The Lower Sycolin Subarea of the Transition Policy Area is anticipated to have the highest amount of open space of the six Transition Policy Area subareas, ranging from 50 to 70 percent. The Lower Sycolin Subarea is a very environmentally sensitive area with extensive stream corridor resources, forest resources, and habitat. Additional open space is necessary in order to protect the drinking water resources of the Occoquan, Beaverdam, and Goose Creek Reservoirs, protect on-site environmental resources and habitat, and affect a transition between the Rural and Suburban Policy Areas. The Concept Plan provides a minimum of fifty (50) percent open space. While the percentage of proposed open space meets the minimum range threshold, the quality and placement of the proposed open space does not achieve its intended purpose. Much of the designated Tree Save Areas are lesser-quality early successional forest, which are low priorities for preservation. As proposed, the rezoning and special exception requests would result in the elimination of a significant amount of high-quality hardwood trees in the central portion of the site. In addition to providing habitat and increasing soil stability, retaining these mature trees would help break up the mass and scale of the development and would help filter views of the overhead electric lines and the cleared natural gas easement. The Applicant has agreed to expand the Tree Save Areas near Sycolin Creek and has added a 50-foot wide strip Tree Save Area that consists of hardwoods in the central portion of the site. Staff recommends that Tree Save Areas include significantly more of the high-quality hardwood trees in the central portion of the site, most particularly in Land Bay G between the electric and gas easements west of the gas easement. Without protection of these forest resources, it is unlikely that the project will

septic systems, etc., to investigate any damage claims within 10 business days, and if the Applicant verifies that its actions are responsible for the damage, to complete repairs within 60 business days.

Height/Setback Modification - The Applicant has withdrawn the originally proposed modification that would allow building heights in excess of 40 feet without additional setbacks. Any 100 foot tall buildings would be required to be setback 100 feet from the property boundary.

withdrawn



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be able to establish natural open spaces as predominant visual elements or that the project will blend effectively into the area, particularly when viewed from the Dulles Greenway. Otherwise, the Applicant has addressed environmental impacts and the preservation of heritage resources with proffers, agreed upon conditions, or plat notes, as detailed in Table 4. The rezoning and special exception uses will result in the preservation of a significant early 19th century pottery kiln site (Site 44LD1195) located along the Sycolin road frontage, the preservation of a 120-year old specimen tree, the conservation of natural areas along Sycolin Creek and several Tree Save Areas throughout the site. The application provides for the protection of the wood turtle and the water quality of the Sycolin Creek.

Table 4. Environmental and Heritage Resources Resolved Issues

Proffer or Condition

Archaeological Pottery Site – The Applicant proffers to (1) coordinate with an archaeologist to delineate the pottery site boundaries, (2) install demountable metal fencing around the delineated site boundaries, (3) remove fallen trees within the archaeological site by hand, leaving the stumps and root balls in place (4) coordinate any land disturbing activity within the site with the County Urban Forester, and (5) not install signage that could bring attention to the site.

Proffer IV.25.

Parks and Recreation – In lieu of trails along Sycolin Creek, the Applicant proffers $15,000 to the County towards trail connections within the Philip A. Bolen Park to the nearby W&OD Trail at issuance of the first zoning permit on the property.

Proffer IV.26.

48‖ Specimen Oak Tree – The Applicant proffers to preserve the 120-year old, 48-inch diameter White Oak tree located along the Sycolin Road frontage.

Proffer III.14.

NRMP Plan – To offset the increase in density for data centers and offices, the Applicant has agreed to a Condition to coordinate a Natural Resources Management Plan (NRMP) with the County Urban Forester for the long-term management of the open space that is not within a Tree Save Area or the Perimeter Buffer.

SPEX-2008-0068 Condition

3

Reserved Parking Areas as Open Space - To offset the increase in density for data centers and offices, the Applicant has agreed to a Condition that would require maintaining the areas set aside for non-data center parking (data centers do not require as much parking as non-data centers) as open space until such time that the County issues an occupancy permit for a non-data center use that requires using such open space for parking. Including the areas set aside for non-data center parking, the property could achieve up to 62 percent open space.

SPEX-2008-0068 Condition

4

Unselected Water Tank/Water Treatment Sites as Open Space – The Applicant has agreed to a Condition that would require maintaining the two sites that are not selected for use as the water treatment plant and water tank as open space.

SPEX-2008-0069 and -0070 Condition

3

Wetlands – The Applicant proffers to mitigate any wetlands impacts in the order of preference: on the subject property, within the Sycolin Creek watershed with the same policy area, with the Sycolin Creek watershed outside of the policy area, in the County, outside of the County.

Proffer III.17.



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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 – This application has no outstanding transportation issues. At full build-out, the project would generate 11,270 average daily trips (ADT). However, the Applicant proffers to limit development to 7,930 site-generated ADTs, which is what the existing two-lane Sycolin Road can adequately and safety serve, together with the background traffic projected for 2015, without Crosstrail Boulevard between Sycolin Road and the Dulles Greenway being in place (Refer to Attachment 6, page A-290). While the Applicant’s approach satisfied staff that the road network could accommodate Phase 1 of the proposal, adjacent landowners have expressed concern about traffic congestion in the area if the Stonewall project consumed available road capacity without contributing to the future widening of Sycolin Road. At a community meeting in May, residents were concerned that should Stonewall be approved, other landowners would be expected to pay a larger share of the cost to widen Sycolin Road or otherwise be constrained in what they could do with their property. Several residents were also concerned about the planned future alignment of local roads and specifically recommended removing or realigning Cochran Mill Road on the CTP to avoid the potential loss of several existing homes.

Very Steep Slopes – The site layout is designed to avoid very steep slopes. Tree Save Areas protect areas of very steep slopes. The Applicant proffers to protect very steep slopes with the use of super silt fencing or temporary chain link fencing in lieu of plastic orange fencing.

Proffer III.18.

Erosion and sediment control – The Applicant proffers to heightened measures, including super silt fencing in site perimeter locations, expanded areas of stabilization matting, and development phasing.

Proffer III.24.

LID & BMPs – The Applicant proffers to incorporate Low Impact Development Techniques and Best Management Practices, to design all BMPS to treat the 1st inch of stormwater runoff from impervious surfaces, and to remove a percentage of phosphorous not lower that 50% from runoff from impervious surfaces.

Proffer III.11.

Wood Turtle – The Applicant proffers to search for wood turtles, provide educational materials to contractors, and use bridge spans or bottomless culverts to prevent barriers to migration.

Proffer III.22.

Buffer Modification - The Applicant has withdrawn the originally proposed buffer modification that would allow the perimeter buffers to screen trash and refuse collection areas from internal streets.

withdrawn



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Per VDOT policy, roads with traffic exceeding 7,000 average daily trips (ADT) should be widened to four lanes. The Applicant’s traffic analysis indicates that the proposed Stonewall development can generate up to 7,930 average daily trips, with approximately 47 percent distributed to the north and 53 percent distributed to the south combined with the background traffic projected for 2015, without exceeding 7,000 ADT on Sycolin Road. The County would not issue zoning permits for a site plan that generates cumulative trips in excess of a of 7,930 trips until such time that Sycolin Road is four lanes between the site entrance and Crosstrail Boulevard. Staff projects that at such time, Crosstrail Boulevard between Sycolin Road and the Dulles Greenway would likely be in place, creating another traffic outlet for the Stonewall Secure Business Park. As demonstrated in the summary table below, the application adequately addresses transportation impacts, construction traffic, and pedestrian connections.

Table 5. Transportation Resolved Issues

Trigger Proffer

or Condition

Development Cap – The Applicant proffers to limit development to 7,930 average daily trips (ADT) until Sycolin Road is improved (by others or the Applicant) to 4 lanes between the site entrance and Crosstrail Boulevard.

7,930 average

daily trips (ADT)

Proffer II.7.

Cash Contribution - The Applicant proffers a cash contribution for transportation improvements for use on Sycolin Road and within two miles of the subject property as follows.

Trips Contribution Per Trip 0 - 7,930 $145.78/trip (Total: up to $1.56 million) 7,931-11,270 $449.10/trip (Total: up to $1.49 million)

The amount would be calculated based on trips rather than building floor area, because data centers generate much fewer trips than offices, for example. The proffers specify trip rates for particular uses.

At issuance of each zoning permit

Proffer II.10.

Cochran Mill Right-of-Way – Proffers provide a 70’ right-of-way reservation for the future realignment of Cochran Mill Road per the Countywide Transportation Plan. The reservation is limited to 9 years, at the end of such time, if the County does not request the dedication in connection to the approval of construction plans and profiles for Cochran Mill Road Relocated, the reservation would automatically terminate.

At the County’s request tied to

CPAPs for Cochran Mill Road

Proffer II.5.

Sycolin Road – The Applicant proffers to reserve for future dedication up to 45’ of right-of-way and construction, grading, and utility easements along the Sycolin Road frontage. At staff’s recommendation, the Applicant does not dedicate right-of-way, as preservation of the archaeological pottery site requires any Sycolin Road widening to occur on the west side of the existing roadway.

At the County’s written request

Proffer II.7.

Stacking – The Applicant proffers to construct the site entrance with stacking areas to prevent back-up on Sycolin Road due to security

Prior to first site

Proffer II.8.

SITE

Dedicate 70’ right-of-way for Cochran

Mill Rd



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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. (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. 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. Data centers typically provide limited employment, but they are generally fiscally positive. At the Planning Commission public hearing, the Applicant advised the Commission that 100,000 square feet of data centers generates $500,000 in real estate taxes and $550,000 in personal property taxes, based on Loudoun County Tax Assessment and Commissioner of Revenue records (3.4 million square feet of data centers would generate $35.7 million per year in tax revenue).The proposed rezoning and special exception consider the County’s needs for data centers, government contractors, and secure facilities. However, the Revised General Plan does not support a land use of the proposed scale and intensity at the subject location. F. INFRASTRUCTURE AND 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. (14) Whether the proposed rezoning considers trends of growth or changes, employment,

inspections at the guard house. plan approval

Construction Traffic – The Applicant proffers to submit a delivery and construction traffic plan for review by VDOT and the County.

Prior to first site

plan approval

Proffer II.6.

Turn Lanes and Tapers – The Applicant proffers to construct dual right turn lanes out of the subject property at the site entrance as recommended in the Applicant’s Traffic Study.

Prior to exceeding

7,930 ADTs

Proffer II.4.

Bicycle and Pedestrian Trail – The Applicant proffers to convey a 14’ wide easement for a 10’ wide shared bicycle/pedestrian trail along Sycolin Road, excluding the archaeological site. Staff does not recommend trail construction, because the alignment is unknown. When Sycolin Road is constructed in the future, the existing roadway will need to be realigned and reconstructed.

Prior to first site

plan approval

Proffer II.9.

Secure Access – The Applicant proffers that access to the property would be controlled by security measures and allowed only for authorized employees, contractors, visitors, and invitees.

Ongoing Proffer II.8.

Source: Applicant’s Traffic Impact Analysis (December 2010) & Proffer Statement (May 27, 2011)



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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 (R) Whether adequate on and off-site infrastructure is available.

Analysis – There are no outstanding utility issues. Loudoun Water can provide central water and sanitary sewer by extension of existing facilities. The Hybrid Energy Park may provide power for the secure business park. On-site generators would be used to provide back-up power. 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 emergency services issues. The plat provides for emergency access via Gant Lane. The Leesburg Volunteer Fire and Rescue Company will provide emergency services to the site with response times of 7 minutes, 47 seconds (fire) and 8 minutes, 45 seconds (rescue). The Applicant proffers a cash contribution of $0.10 per gross square foot of building floor area (up to $490,000), which is consistent with County Fire and Rescue Policy (Proffer V.27.).

V. ZONING Analysis – With the exception of the Zoning Modification below, there are no outstanding Zoning issues. The property is currently zoned TR-10 (Transitional Residential - 10). The request is to remap the 193.59-acre subject property to PD-IP (Planned Development – Industrial Park).

ZONING MODIFICATION ZO §6-1504. 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.

Table 6. Requested Modifications

Zoning Ordinance Section Requested Modification

and Justification Analysis/Recommendation

ZO§4-502. Size and Location. PD-IP districts shall be located in areas served by one or more major arterial or collector roads, by public water and sewer, and consistent with locations identified in the Comprehensive Plan for

To permit a PD-IP district to be located in an area that is not identified in the Comprehensive Plan for industrial use. The Applicant states that the modification is justified by the surrounding quarry, water treatment plant, and

Staff recognizes that uses to the north and east of the subject property are utility in nature. However, Staff cannot support this modification, as the Revised General Plan does not designate the subject property for industrial uses. The Applicant does not propose an innovative design such



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VI. CONDITIONS OF APPROVAL (May 11, 2011)

Conditions of Approval for Stonewall Secure Business Park, SPEX-2008-0068 - Office, administrative, business and professional, which do not meet the criteria contained in Section 4-503(G) and Floor Area Ratio (FAR) up to 0.60 for office and data center uses, SPEX-2008-0069 - Water Storage Tank, SPEX-2008-0070 - Water Treatment Plant, SPEX-2010-0018 - Firearm range, archery range, indoor, and SPEX- 2010-0034 - Utility Substation, Transmission: 1. Substantial Conformance. The development of the Special Exception Uses, 1) Office,

administrative, business and professional, which do not meet the criteria contained in Section 4-503(G) and FAR up to 0.60 for office and data centers, 2) Water Storage Tank, 3) Water Treatment Plant, 4) Firearm Range, Archery Range, Indoor, and 5) Utility Substation, Transmission, in the PD-IP (Planned Development – Industrial Park) zoning district, shall be in substantial conformance with these conditions and with Sheets 1, 2, 4, 5 and 6 of 7 of the plan set entitled ―Stonewall Secure Business Park Zoning Map Amendment Application 2008-0017 Special Exception Applications: 2008-0068 / 2008-0069 / 2008-0070 / 2010-0018 / 2010-0034 Commission Permit Plat 2010-0014‖, dated July, 2009, as revised through April 27, 2011 and prepared by William H. Gordon Associates, Inc. (the ―SPEX Plat‖). Approval of this application for Tax Map # /60////////41/ (193-27-9018), Tax Map /61////////13/ (194-49-8227), and a portion of Tax Map # /60////////39/ (194-48-6020), and lying within the ―PROPOSED ZONING LINE (PD-IP)‖ as delineated and labeled on Sheet 5 of the SPEX Plat (the ―Property‖). These conditions 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. As used in these conditions, the term ―Applicant‖ includes the owner of the Property subject to this Special Exception approval, its successors, and parties developing, establishing or operating the approved Special Exception Uses.

SPEX-2008-0068 - Office, Administrative, Business and Professional, which do not meet the criteria in Section 4-503(G) and FAR up to 0.60:

1. Floor Area Ratio - The 0.6 FAR applies only to office and data center uses and shall not exceed 3,900,000 square feet.

2. Open Space. The Property shall consist of a minimum of fifty percent (50%) open space as defined in the Revised General Plan (―Open Space‖) and shown on Sheet 2 of the SPEX Plat. The Applicant shall demonstrate compliance with this condition with each site

industrial use. hybrid energy park uses. as an extensive or enhanced open space to screen or blend the project with the Transition Policy Area.

Source: Applicant’s Statement of Justification (December 21, 2010)



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plan submission.

3. Natural Resources Management Plan (NRMP). Prior to the first site plan approval for office or data center uses, the Applicant shall coordinate with the County Urban Forester to develop a Natural Resources Management Plan (NRMP) for the Open Space that is not located within the Tree Save Areas, as shown on Sheet 5 of the SPEX Plat. The Applicant shall actively manage the Open Space to maintain its habitat value and minimize the impact of the Special Exception Uses and the increased density through the use of criteria set forth in the NRMP to mitigate stormwater run-off, minimize water and air pollution, remove invasive plants, and avoid wildlife conflicts. The purpose of the NRMP is to ensure that all habitats are maintained and managed long-term to function as viable habitats. The NRMP shall include recommendations that provide for sustained growth and viability for forest, meadow, riparian, and wetland habitats. The NRMP shall provide for the management of existing natural resources, including aquatic life, wildlife, meadow, riparian, and wetland habitats, while allowing for coexistence with the Special Exception Uses.

The NRMP shall include the removal of invasive species. Preferred removal methods shall include mechanical means for woody invasive species, rotational mowing, and the removal of hay, as applicable. If no other method is successful, the application of herbicides may be considered. All management activities in the NRMP shall consider and be sensitive to the life-cycle of animals, including ground-nesting birds, small mammals, and amphibians. The NRMP shall include recommendations that meet the Applicant’s security needs, such as but not limited to maintaining line of sight by removing tree limbs and limiting vegetation height in areas that require such security. Specific land bay needs will be reviewed and approved by the County Urban Forester at the time of site plan approval for the particular land bay. Open Space located underneath power lines and above the gas lines, where indigenous vegetation has been impaired by herbicide application and where the establishment of arboreal vegetation areas are not appropriate, the NRMP shall be designed in coordination with the County Urban Forester to allow for establishment of a meadow habitat conducive to flora and fauna indigenous to such a habitat, consistent with existing easements and power line and gas line maintenance requirements.

4. Areas Reserved for Non-Data Center Parking. In conjunction with the submission of each site plan for a data center on the Property, the Applicant shall demonstrate that the Applicant will maintain as Open Space the land area within the areas labeled on Sheet 5 of the SPEX Plat as ―POTENTIAL BUILDING / PARKING & LOADING AREAS‖ that would otherwise be used for non-data center parking. The Applicant shall maintain such areas as open space until such time that the County approves a site plan within a particular land bay for a non-data center use that requires using such open space for non-data center parking. These areas shall be subject to the Natural Resources Management Plan until such time that the County approves a site plan for a non-data center use that requires using such open space for non-data



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center parking.

5. Generators. Within Land Bays A, B, and C on Sheet 5 of the SPEX Plat, generators and equipment shall be located on the eastern sides of buildings to buffer sound from such generators and equipment from adjacent residential properties.

6. Buffer Adjacent to Residential. At the time of construction on Land Bays A, B, or C and in addition to the seventy-five (75) foot Tree Save Area shown on Sheet 5 of the SPEX Plat, the Applicant shall plant a Type IV Buffer along the Property boundary adjacent to such Land Bay where construction is occurring. In addition to the Type IV Buffer, the Applicant shall plant a staggered double row of evergreen trees, of a species to be selected in coordination with the County Urban Forester, between the seventy-five (75) foot Tree Save Area and any building and/or parking areas for the purpose of screening such building and/or parking areas from the adjacent residential uses. Such evergreen trees shall be a minimum planting height of six (6) feet. The Applicant and/or the condominium owners association shall provide for the maintenance of such evergreens and shall replace the evergreens, if diseased or dying.

7. Screening Mechanical Equipment and Landscaping Data Interconnect Buildings.

Mechanical equipment (i.e. generators, chilling stations, etc.), including roof-top mechanical equipment, shall be screened from adjacent residential properties, Sycolin Road, and the Dulles Greenway. Screening methods shall include, but not be limited to, fencing, walls of similar construction to the buildings on site, or landscaping. The Applicant shall plant evergreen trees around the data interconnect buildings to minimize visibility from Sycolin Road and the Dulles Greenway. Such trees shall be a minimum planting height of six (6) feet.

8. Building Design. For the purpose of breaking up building mass on buildings that exceed forty-five (45) feet in height, the exterior building surfaces shall be articulated through, but not limited to fenestration, belt courses, string courses, cornices, corbels, or changes in colors or surfaces. This condition shall apply to exterior building walls that exceed forty-five (45) feet in height that face east, west or south in Land Bays D, E, F1, G, and H.

SPEX-2010-0018 – Firearm Range, Archery Range, Indoor

1. Indoor Firearm Range, Archery Range. The indoor firearm/archery range shall not be located within Land Bays A, B, and C.

SPEX-2008-0069 / SPEX-2008-0070 – Water Storage Tank/Water Treatment Plant

1. Water Storage Tank Height and Color. In the event that the water storage tank is located in the area west of Land Bays F1 and F2 labeled on the SPEX Plat as ―POTENTIAL WATER STORAGE TANK/WATER TREATMENT PLANT LOCATION‖, such water storage tank shall not exceed a height of one-hundred feet (100’). In the



Page 24

event that the water storage tank is located in one of the two remaining areas labeled on the SPEX Plat as ―POTENTIAL WATER STORAGE TANK/WATER TREATMENT PLANT LOCATION‖, the height shall not exceed one-hundred and twenty feet (120’). Prior to site plan approval, the Applicant, if required, shall obtain approval from the Federal Aviation Administration (FAA) for the height and location of the water storage tank.

2. Water Storage Tank Color. The water storage tank shall be a light, neutral color or a color to match the sky.

3. Number of Water Tanks/Water Treatment Plants. Of the three (3) potential locations shown on Sheet 5 of the SPEX Plat, only one (1) Water Storage Tank and Water Treatment Plant shall be developed on the Property. The two remaining areas labeled on the SPEX Plat as ―POTENTIAL WATER STORAGE TANK/WATER TREATMENT PLANT LOCATION‖ but not used for a Water Storage Tank and Water Treatment Plant shall be used as Open Space as defined in the Revised General Plan.

VII. ATTACHMENTS Attachment Page *LMIS/LOLA File Name

1 Referral Comments

1a Planning, Comprehensive Planning A-1 COMP PLAN REF3 01-28-11

1b Historic Preservation Planner/County Archaeologist/County Urban Forester

A-9 ARCH-HIST REF3 02-17-11

1c Building & Development, Environmental Review Team

A-12 ERT REF3 01-26-11

1d Building and Development, Zoning Administration A-15 ZONING REF3 02-02-11

1e Office of Transportation Services A-24 OTS REF3 02-27-11

1f Parks, Recreation and Community Services A-158 PARKS REF3 01-10-11

1g Health Department - Environmental A-165 HEALTH REF3 01-04-11

1h Loudoun Water A-166 LCSA REF2 09-28-10

1i Economic Development A-167 ECON DEV REF1 04-24-09

1j Town of Leesburg A-169 TOL REF3 02-24-11

1k Virginia Department of Conservation and Recreation

A-173 VDCR REF1 04-15-09

1l Virginia Department of Transportation A-176 VDOT REF3 02-17-11

2 Disclosure of Real Parties in Interest A-179 DISCLOSURE 05-18-11

3 Applicant’s Statement of Justification A-200 SOJ2 12-22-10

4 Applicant’s Response to Referral Comments A-222 RESPONSE3 02-18-11

5 Applicant’s Photo-simulations A-287 PHOTOSIM 05-19-11

6 Applicant’s Traffic Letter A-290 TRAFFIC LTR 05-10-11

7 Applicant’s Proffer Statement A-293 PROFFERS 05-27-11

8 Plat CDP 05-19-11

*These documents 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/

County of Loudoun · County of Loudoun Department of Planning MEMORANDUM DATE: June 13, 2011 ......

Documents

Transcript of County of Loudoun · County of Loudoun Department of Planning MEMORANDUM DATE: June 13, 2011 ......