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HomeMy Public PortalAboutTLSE 2019 0004 Leesburg FloodplainDate of Meeting: January 16, 2020 TOWN OF LEESBURG PLANNING COMMISSION PUBLIC HEARING Subject: TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Staff Contact: Christopher Murphy, AICP, Senior Planning Project Manager Applicant: Peter Kalaris, President Washington Virginia Traditional Development Sites, Inc. P.O. Box 588 Leesburg, VA 20178 PKalaris@aol.com Applicant’s Representative: Same Proposal: Special Exception to convert some floodplain into useable land by adding fill in certain areas that were designated as floodplain by the 2017 revisions to FEMA FIRM – Flood Insurance Rate Maps. Planning Commission Critical Action Date: April 27, 2020 Recommendation: Staff recommends approval of the special exception as presented in this report. Acceptance Date: September 25, 2019 Acceptance Modifications/Waivers: The TLZO Sec. 3.4.6.G Traffic Impact Analysis was waived because he Application does not propose any new uses that will generate new vehicle traffic. Web Link: A comprehensive listing of all application documents is found here: https://www.leesburgva.gov/Home/Components/FacilityDirectory/FacilityDirectory/283/ 2362?backlist=%2fgovernment%2fdepartments%2fplanning-zoning%2fliam-interactive- applications-map TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 2 of 15 STAFF REPORT TABLE OF CONTENTS Draft Motions ………………………………………………………… 3 I. Proposal/Application Summary ………………..…………………... 4 II. Current Site Conditions…………………………………………….. 5 III. Zoning History……………………………………………………… 6 IV. Uses on Adjacent Properties ……………………………………..... 7 V. Staff Analysis – Special Exception………………………………….. 8 A. Review Summary………………………………………………… 8 B. Town Plan Compliance…………………………........................... 8 C. Zoning Modifications…………………………………………...... 10 D. Traffic Impact Analysis………………………………………...... 10 E. Special Exception Use Standards………………………………… 10 F. Spec Exception Approval Requirements ………………………… 12 G. Recommended Conditions of Approval……….…………………. 14 VI. Findings for Approval…………………..…………..……………….. 14 VII. Attachment List……………………………………………………… 15 TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 3 of 15 Figure 1: Location Map Draft Motions: Approval I move that Special Exception application TLSE 2019-0004, Leesburg South Floodplain Alteration/Reclamation, be forwarded to the Town Council with a recommendation of approval subject to the conditions of approval as enumerated in the January 16, 2020 Planning Commission Public Hearing Staff Report on the basis that the Approval Criteria of Zoning Ordinance Section 3.4.12 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. Or Denial I move that Special Exception application TLSE 2019-0004, Leesburg South Floodplain Alteration/Reclamation, be forwarded to the Town Council with a recommendation of denial on the basis that the Approval Criteria of Zoning Ordinance Section 3.4.12 have not been satisfied due to the following reasons: ___________________________________________________. Or Alternate Motion TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 4 of 15 I move that ________________________________. I. Proposal/Application Summary: The Applicant, Washington Virginia Traditional Development Sites, Inc. (WVTDS and/or Applicant) proposes to alter floodplain boundaries by adding fill in certain areas on the Property situated at the northeast quadrant of the intersection of Evergreen Mill Road (Route 621) and South King Street (Route 7) for the purpose of reclaiming 9.6 acres of floodplain area into useable land. Figure 2: Special Exception Plan The Property is comprised of five individual parcels having a cumulative area of 46.89 acres. Prior to 2017, 18.9 of these acres were designated as floodplain on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps (FIRM) for Loudoun County. In 2017, FEMA revised their Loudoun County FIRMs effecting the boundaries of the floodplain on the Property by adding 5.8 acres to the floodplain for a total of 24.7 acres. The present application would alter the floodplain boundaries on the Property to reclaim 9.6 acres leaving the total floodplain area at 15.1 acres. This application does not seek any other land development/use approvals. TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 5 of 15 * A Community Commercial use is planned for either the southeast or northeast quadrant of Evergreen Mill Rd. and S. King St. The quadrant not used for Community Commercial use is designated for Low Density Residential at a compatible density to adjacent residential development. (Town Plan, pg. 6-22) II. Current Site Conditions: The Property is currently vacant and used for agricultural purposes. See Table 2 Adjacent Land Uses below for a description of the applicable zoning and current land uses on neighboring properties immediately adjacent to the Subject Property Remainder of page left blank Table 1. Property Information Address: N/A Zoning: R-1 Single-Family Residential Estate; H-2 Overlay; Floodplain Overlay; and Creek Valley Bufferyard Overlay PINs 232-15-9304, 232-25-3300, 232-25-2590, 232-25-1880, and 232-15-1070 Planned Density: See* below Size: 46.89 acres Planned Land Use: Low Density Residential/ Community Commercial* TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 6 of 15 Figure 3: Current Site Conditions III. Zoning History: The Subject Property is zoned R-1, Single-Family Residential. In addition, the H-2 Historic Corridor Architectural Control Overlay, Floodplain Overlay and Creek Valley Buffer Overlay Districts also apply on portions of the Property. See Figure 4 below. In 2004, the Property was included in rezoning application TLZM-2004-0001 Meadowbrook and designated for a community commercial center associated with the residential development on the property between Evergreen Mill Road, King Street and Masons Lane. This same property, intended for the residential component of TLZM-2004-0001, is currently known as Meadowbrook Farm Estates and is being developed by right with single-family detached dwellings by Van Metre Homes. Rezoning application TLZM-2004-0001 was withdrawn by the applicant in September, 2005. No other land use applications involving the Property have been submitted since. TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 7 of 15 Figure 4: Zoning Map IV. Uses on Adjacent Properties: Table 2. Adjacent Land Uses Direction Existing Zoning Current Use Town Plan Land Use Designation North B-2, B-3 with H-2 Overlay, and CDD Leesburg Bypass Downtown South R-1 Vacant,(Meadowbrook) Community Commercial/ Low Density Residential East PRC Single-Family Detached Residential (Stowers/Evergreen Meadows) Low Density Residential West R-E and R-4 Westpark and Single-Family Detached Residential Community Office, Open TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 8 of 15 V. Staff Analysis: TLZO Sec. 3.4.12 provides Special Exception Approval Criteria that are applicable when evaluating special exception applications. These standards are discussed in the analysis below in Paragraph J. A. Review Summary 1. Resolved Review Items: Two reviews of the application were made and items discussed and resolved during the reviews included: a. More thorough responses to the Special Exception Approval Criteria were provided by the Applicant. b. Specific engineering notations were added to the Plat. 2. Unresolved Review Items/Outstanding Issues: None B. Town Plan Compliance: TLZO Section 3.4.12 requires an assessment of how the proposed special exception use will comply with applicable provisions of the Town Plan. Planning Area: The Subject Property (Property) is located in the Leesburg Town Plan’s Southwest Planning Area, and the Planned Land Use Policy Map further designates the subject property for “Low Density Residential” with an option for “Community Commercial”. Southwest Planning Area Objective 1 (p. 6-22) describes the nature of the development that is envisioned for the site. Specifically, the Town Plan stipulates that a Community Commercial Use is planned for either the northeast or southeast quadrants of the intersection of Evergreen Mill Road at South King Street. If one is developed as a community commercial center, the other is designated for residential development at a comparable density to neighboring developments. The Application does not presently propose any development of the Property. 1. Land Use, General Objectives: On page 6-5 of the Town Plan, reference is made to general objectives to protect residential areas, preserve and expand town character, and accommodate growth. Specific comments relating to these stated objectives are provided below: a. Land Use, General Objective 1: “Preserve natural…resources and design development so that these resources are incorporated as amenities.” (Town Plan pg. 6-7). i. Wetlands and Stream Corridor. The planned fill operations will remain completely outside of the existing wetlands and stream (Leesburg Estates) Space, and Low Density Residential TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 9 of 15 corridor on the Property. If/When the Property is developed, the stream corridor and wetlands area can be incorporated in a natural area amenity to that particular development. 2. Chapter 2, Natural Resources: The Town Plan Natural Resources chapter (Chapter) describes the two natural resources goals for Leesburg to require when approaching the land development process from an environmental prospective: The first assumes a distinction between lands with certain ecological value that should be retained in, or restored to a natural state. Examples of ecologically valuable lands/features include, but are not limited to, stream buffers, wetlands, steep slopes in close proximity to water resources, etc. These types of features are found on the Subject Property. The second natural resource goal described in the Chapter recognizes that environmental impacts of development can be anticipated and minimized/avoided through site, subdivision and building design. The Chapter, goes on by explaining the desire to achieve natural systems preservation/restoration must be tempered by the acknowledgement that Leesburg is a growth center within the larger Washington D.C. metro area. As such, expectations for natural systems must be commensurate with a growing community versus a rural one intent on remaining rural. Although the current Application does not propose the development of new uses or construction on the Property, the floodplain alteration is being done in anticipation for future development pursuant to the land use objectives of the Town Plan Chapter 6. But a key consideration to this, and one that is consistent with natural resources preservation goals, is the fact that the planned alterations will remain outside of, and preserve intact, existing wetlands and the Creek Valley Buffer on the Property. Table 3: Summary of Changes in Floodplain Area Floodplain Acreage Net Change Pre 2017 18.9 acres ------ Post 2017 24.7 acres + 5.8 acres added Post Alteration 15.1 acres - 9.6 acres reclaimed TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 10 of 15 Figure 5 Planned Land Use C. Zoning Modifications: No zoning modifications have been requested for this application. D. Traffic Impact Analysis: The Application does not propose any new uses that will generate new vehicle traffic, a Traffic Impact Analysis is not necessary for the full and adequate consideration of the application. This conclusion was derived at the pre-application meeting held on August 6, 2019 and communicated to the Applicant in the Pre-Application Summary dated August 19, 2019 E. Specific Special Exception Use Standards: As the Application proposes to alter floodplain that is defined by TLZO Sec. 7.11.2.E Definitions as Major Floodplain, TLZO Sec. 7.11.9.D Special Exception Uses permits other uses and activities (i.e., grading/filling) provided they create no increase in flood heights or velocities as a special exception in the Floodplain Overlay District. Special exception uses within the Floodplain Overlay District are required to meet the use standards specified in TLZO Sec. 7.11.10 provided below along with Applicant’s answers to each provided in the Statement of Justification submitted with the second submission received Dec. 10, 2019. Staff’s comments follow each in underlined text: TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 11 of 15 1. There will be no increase to the danger to life and property due to increased flood heights or velocities. “Reclamation of the floodplain will not increase the danger to life and property due to increased flood heights or velocities. Due to the fact that the floodplain on the property will remain a backwater condition, there will be no flood velocity increase. In addition, the floodplain limits are not changing outside this immediate study area, and therefore will not increase danger to life and property.” Staff concurs with the Applicant’s statement. The Applicant will be required to provide evidence of compliance with all applicable Corps of Engineers, VA DEQ and FEMA requirements prior to site plan approval, e.g., Conditional Letter of Map Revision - CLOMR. 2. Materials will not be swept downstream to the injury of others during flood events. “The agricultural nature of the existing conditions for this site will not change with the alteration of the floodplain. There are no unnatural materials on this site and the limited grading will be placed with smooth slopes and gentle banks precluding scarification or erosion.” Staff concurs with the Applicant’s statement. As the current application does not propose the development of the Property for any other use, no materials that might cause harm when swept downstream will not be introduced on the Property. 3. Water supply and sanitation systems are designated to prevent disease, contamination, and unsanitary conditions. “The property is already served by public sewer and water.” Staff concurs that public water and sewer service is available at the Property, and this Application does not propose to make any changes to those services that might cause disease, contamination or unsanitary conditions. 4. Location and design limits susceptibility to flood damage, and available alternative locations, not subject to flooding, for the proposed use must be considered. “The Property is currently used for agricultural purposes. The design of the proposed floodplain reclamation limits susceptibility to flood damage. This project reclaims land previously not determined floodplain by FEMA prior to 2017. There are no other Washington- Virginia Traditional Development Sites, Inc. properties that are unaffected by the FEMA updates in this area.” Staff concurs that because the Property is not proposed for development of any new uses, this standard is presently moot. However, staff notes that approximately 3.8 acres that were previously designated as floodplain before 2017 will also be taken out of floodplain as a part of this application. TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 12 of 15 5. The proposal is compatible with existing and planned development. “Reclamation of the floodplain provides for continuity with existing and planned development. This effort to reclaim land taken by the FEMA re-mapping process further solidifies developability of this prominent entrance to the town while providing continuity to the surrounding development by reclaiming 9.6 acres of previously undevelopable land with limited impact to the subject property and zero impact off-site.” Staff concurs that the proposed floodplain alteration/reclamation will provide for the Property to eventually be developed in compliance with natural resource, as well as, development goals and objectives of the Town Plan. 6. The use is in harmony with the comprehensive plan. “Reclamation of the floodplain and the underlying zoning are consistent with the Comprehensive Plan. As noted in the referral response provided by staff in the initial comments related to compliance with the Town Plan, the floodplain alteration proposal is in conformance with the Town Plan. More specifically, the proposed plan honors the Creek Valley Buffer area as well as preserving nearly four (4) acres of wetlands. There is significant economic development benefit to this reclamation project as outlined in Chapter 8 of the Town Plan. There is a finite amount of land within the Town limits. This land was previously developable and, with no impact to others, should remain developable.” Staff concurs with the Applicant’s statement. See previous response. 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site should not cause significant damage. “Reclamation of the floodplain will not cause damage due to sediment transport during flood events. This reclamation effort does not alter the primary stream channel of the flood system. The backwater condition does not transport sediment or impact the velocity of the channel. There will be no measurable increase of expected heights, velocity, duration, rate of rise, or sediment transport of the flood waters due to the reclamation of this floodplain.” Staff agrees with this statement, but notes that prior to final site plan application, FEMA must approve a Conditional Letter of Map Revision (CLOMR), and prior to site plan approval, the Applicant will be required to verify there will be no adverse impacts to upstream and downstream properties. F. Special Exception Approval Requirements: Zoning Ordinance Section 3.4.12 establishes the following criteria for the Planning Commission and Town Council to use, in addition to other reasonable considerations, in making their decision regarding approval or disapproval of a special exception application. Listed below are those specific criteria followed by the Applicant’s answers to each from TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 13 of 15 the Statement of Justification submitted with the second submission received Dec. 10, 2019. (Attachment 2) Staff’s comments on each responses follows in underlined text: 1. The proposed use will not adversely affect the use of neighboring properties. “The proposed floodplain alteration will not impact the use of any neighboring property. The existing backwater condition of the floodplain on the property will continue to exist as a backwater condition after the floodplain alteration. The backwater condition is created by the existing Town Branch culverts under the Route 15/7 bypass. The floodplain change is limited to this property and there are no changes to floodplain on the neighboring properties.” Staff concurs with this response. Further assurances will be provided by the issuance of the CLOMR by FEMA. This CLOMR is required prior to site plan approval. 2. The location, size, and, height of buildings, structures, walls, and fences, and the nature and extent of screening, buffering, and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings. “The proposed floodplain alteration does not prescribe a specific use other than the existing zoning use category, (R-1).” Staff concurs with this response. The Application does not propose any new use of the Property that will affect the use and/or development of adjacent properties. 3. The proposed use will be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the site. “Given the nature of the request, which is a floodplain alteration, there are no proposed uses in which structures such as buildings, fences, walls, etc. will be constructed. Once the floodplain reclamation is completed, there will be no visual evidence of the change in floodplain boundaries, and the change will not impact or discourage the appropriate development and use of adjacent or nearby land and/or buildings. The hydraulic analysis of the site, provided with the CLOMR submission, demonstrates that post development grading does not affect the 100-year Flood Base Elevations on the adjacent properties.” Staff concurs with the Applicant’s response. 4. The proposed use will be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the site. TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 14 of 15 “Given the nature of the proposed use, the site will not generate pedestrian or vehicular traffic which would be hazardous or conflict with the existing or anticipated traffic in the neighborhood or streets serving the site.” Staff concurs with the Applicant’s response. Conclusion: Staff concurs that overall the application is generally consistent with the goals and objectives of applicable chapters of the Town Plan relating to Land Use (Chapter 6) and Natural Resources (Chapter 2). Staff also finds the special exception to be compliant with the applicable special exception approval requirements. G. Recommended Conditions of Approval: Zoning Ordinance Section 3.4.14 grants Town Council the authority to impose conditions and safeguards deemed necessary for the protection of general welfare and individual property rights. Such conditions may relate to topics including hours of operation, noise, and buffering. Staff recommends the Planning Commission move this application on to Council with the following minimum conditions of approval listed below: 1. Substantial Conformance: The floodplain alteration/reclamation on the Property shall be in substantial conformance with the plan set entitled “Leesburg South – WVTD Property Special Exception Plat”, dated August 6, 2019, revised through December 6, 2019, prepared by Pennoni Associates, Inc. (herein referred to as the “Plat”), with reasonable allowances to be made for engineering and design alteration to meet Town Subdivision and Land Development Regulations, Zoning Ordinance, or Design and Construction Standards Manual requirements. 2. No Waivers Expressed or Implied: Approval of this special exception does not express or imply any waiver or modification of the requirements set forth in the Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual, except as may have been approved as part of this application. Final plats, site plans, and construction drawings are subject to the applicable town regulations. VI. Findings for Approval: A. The floodplain alteration/reclamation is consistent with the goals and objectives of Land Use Policy type Low Density Residential with the option for Community Commercial pursuant to Southwest Planning Area Objective 1 found in Chapter 6 of the Town Plan; and B. Town Plan Land Use General Objective 1 encourages the preservation of natural resources so that these resources are incorporated as amenities to development projects, and; C. The floodplain alteration/reclamation complies with applicable regulations of the R-1 Single-Family Residential Zoning District provided in TLZO Sec. 5.2 and; D. The proposal would serve the public necessity, convenience, general welfare and good zoning practice. TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation Planning Commission Public Hearing Staff Report January 16, 2020 Page 15 of 15 VII. Attachments: 1. Leesburg South – WVTD Property Special Exception Plat, dated August 6, 2019, revised through December 6, 2019, prepared by Pennoni Associates, Inc. 2. Applicant’s Statement of Justification stamp dated December 10, 2019 PROJECT STATUS: SPECIAL EXCEPTION PLAT PLOTSTYLE: Pennoni NCS.stb PLOTTED: 12/6/2019 2:04 PM, BY: Mark W. Thomas I:\Projects\WVTD11601-LEESBURG SOUTH\DESIGN\ PUBLISH\SPEX PLAT\CS0001.dwg SITE NOTES: 1. APPLICANT: WASHINGTON-VA TRADITIONAL DEVELOPMENT SITES, INC. P.O. BOX 588 LEESBURG, VA 20178 2. PROPERTY OWN ER: WASHINGTON-VA TRADITIONAL DEVELOPMENT SITES, INC. P.O. BOX 588 LEESBURG, VA 20178 LEESBURG SOUTH - WVTD PROPERTY 3. THIS SPECIAL EXCEPTION PLAT IS BEING SUBMITTED TO ALLOW TO FILL WITHIN THE FLOODPLAIN LIMITS ON THE FOLLOWING PARCELS OF LAND: TAX MAP: /4812/1/6///5/ PIN: 232-15-9304 PARCEL AREA: 42.89 AC TAX MAP: /48J1/1/5//11/ PIN: 232-25-3300 PARCEL AREA: 1.00 AC TAX MAP: /48J1/1/5//10/ PIN: 232-25-2590 PARCEL AREA: 1.00 AC TAX MAP: /48J1/1/5///9/ PIN: 232-25-1880 PARCEL AREA: 1.00 AC TAX MAP: /48J1/1/5///8/ PIN: 232-15-1070 PARCEL AREA: 1.00 AC TOTAL PARCEL AREA OF SPECIAL EXCEPTION = 46.89 AC APPROXIMATE AREA OF DISTURBANCE = 20.93 AC 4. ZONING REQUIREMENTS: R-1 (SINGLE FAMILY RESIDENTIAL) MINIMUM YARDS: FRONT = 30' SIDE = 20' REAR = 30' MAXIMUM BUILDING HEIGHT = 35' 5. THE TOPOGRAPHIC SURVEY WAS OBTAINED FROM 2013 LIDAR INFORMATION AND SUPPLEMENTED WITH FIELD RUN SURVEY OF THE STREAM CHANNEL. THE VERTICAL DATUM IS NAVD 88. THE HORIZONTAL DATUM IS NAD 83. 6. THERE ARE NO KNOWN HISTORIC BUILDING OR FEATURES LOCATED ON THIS SITE. 7. APPROVAL OF THIS APPLICATION DOES NOT RELIEVE THE OWNER/APPLICANT FROM OBTAINING ALL REQUIRED CORPS OF ENGINEERS AND/OR DEQ PERMITS. COPIES OF THESE APPROVED PERMITS SHALL BE FURNISHED TO THE TOWN AT THE PRE -CONSTRUCTION CONFERENCE. ANY CHANGES TO THE APPROVED REZONING, SPECIAL EXCEPTION, TOWN PLAN AMENDMENTAND/OR FUTURE FINAL SITE PLAN REQUIRED TO SATISFY THESE PERMITS SHALL REQUIRE A ZONING DETERMINATION, A NEW REZONING APPLICATION AND/OR FORMAL PLAN REVISION5. TO BE SUBMITTED AND APPROVED BY THE TOWN PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION. 8. PRIOR TO APPROVAL OF THE FINAL SITE PLAN FOR THE SUBJECT PROPERTY, THE APPLICANT WILL VERIFY THAT THE STORM WATER MANAGEMENT AND BEST MANAGEMENT PRACTICES FOR STORM WATER QUALITY (SWM/BMP) FOR THE SITE AREA IN ACCORDANCE WITH ALL TOWN AND STATE CRITERIA INCLUDING THE TOWN OF LEESBURG STORM WATER MASTER PLAN CRITERIA, THE LATEST VERSIONS OF THE VIRGINIA STORM WATER MANAGEMENT HANDBOOK, AND THE TOWNS DCSM, WHICHEVER IS MORE RESTRICTIVE AT TIME OF APPROVAL. 9. APPROVAL OF THE SPECIAL EXCEPTION PLAT DOES NOT EXPRESS OR IMPLY ANY WAIVER OR MODIFICATION OF THE REQUIREMENTS SET FORTH IN THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, ZONING ORDINANCE, OR THE DESIGN AND CONSTRUCTION STANDARDS MANUAL, AND THAT THE FINAL SITE PLAN IS SUBJECT TO ALL APPLICABLE REGULATIONS. 10. APPROVAL OF THEIS APPLICATION DOES NOT RELIEVE THE OWNER(S), DEVELOPER(S), AGENT(S) SUCCESSORS OR ASSIGNS FROM COMPLYING WITH OTHER APPLICABLE LOCAL, STATE AND FEDERAL REQUIREMENTS. CALL BEFORE YOU DIG BEFORE YOU DIG ANYWHERE IN PENNSYLVANIA CALL 1-800-242-1776 PA. ACT 287 OF 1974 REQUIRES THREE WORKING DAYS NOTICE TO UTILITIES BEFORE YOU EXCAVATE, DRILL OR BLAST PENNSYLVANIA ONE -CALL SYSTEM, INC. SERIAL NUMBER(S): SPECIAL EXCEPTION PLAT TLSE 2019-0004 TOWN OF LEESBURG, VA PREPARED FOR: OWNER/DEVELOPER WASHINGTON-VA TRADITIONAL DEVELOPMENT SITES, INC. P.O. BOX 588 LEESBURG, VA LOCATION MAP Scale: 1" = 1000' PREPARED BY: PENNONI ASSOCIATES INC. 208 Church Street, SE Leesburg, VA 20175 T 703.777.3616 F 703.777.3725 Sheet Index Sheet Number Sheet Title 1 COVER SHEET 2 EXISTING CONDITIONS 3 GRADING PLAN 11. APPROVAL OF THIS PLAT DOES NOT ALLOW OR GIVE PERMISSION FOR ANY CONSTRUCTION OF STRUCTURES OR OTHER FEATURES SHOWN HEREIN. 12. AS THE PROPOSED SITE IS DOWNSTREAM OF THE MEADOWBROOK REGIONAL POND, APPROVAL OF THE SPECIAL EXCEPTION PLAT DOES NOT RELIEVE THE OWNER(S), DEVELOPER(S), AGENT(S) SUCCESSORS OR ASSIGNS FROM COMPLYING WITH THE APPLICABLE LOCAL AND STATE DAM REGULATIONS, AS APPLICABLE. ADDITIONALLY, IT IS UP TO THE OWNER(S), DEVELOPER(S), AGENT(S) SUCCESSORS OR ASSIGNS TO PROVIDE OR UPDATE, IF APPLICABLE ANY DAM BREACH ANALYSIS FOR THE DESIGN AND SAFETY OF ANY FUTURE DEVELOPMENT PRIOR TO THE APPROVAL OF THE FINAL SITE PLAN. 13. PRIOR TO THE APPROVAL OF ANY CONSTRUCTION DRAWING OR SITE PLAN APPLICATION, FEMA MUST APPROVE A CONDITIONAL LETTER OF MAP REVISION (CLOMAR) BASED UPON FLOODPLAIN ALTERATION STUDY PREPARED BY THE APPLICANTS ENGINEER. 14. AT THE TIME OF FINAL SITE PLAN, NO RESIDENTIAL BUILDING SHALL BE LOCATED CLOSER THAN 15 FEET (HORIZONTALLY) AND 2 FEET (VERTICALLY) TO THE LIMITS OF THE FEMA FLOODPLAIN. IN ADDITION, ALL PROPOSED BUILDINGS AND STRUCTURES SHALL MEET THE CONSTRUCTION REQUIREMENTS SET FORTH IN SECTION 5-400 FLOODPLAIN POLICY AND GUIDELINES AS IT RELATES TO THE FEMA FLOODPLAIN. 15. THE PROPERTY SHOWN HEREON LIES IN A ZONE `AE' (SHADED), 1% ANNUAL CHANCE FLOOD HAZARD AREA AND WITHIN A REGULATORY FLOODWAY AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP FOR LOUDOUN COUNTY, VIRGINIA, COMMUNITY PANEL NUMBER 51107CO227E, EFFICTIVE DATE: FEBRUARY 17, 2017. 16. PRIOR TO APPROVAL OF THE FINAL SITE PLAN AND FLOODPLAIN ALTERATION, THE APPLICANT WILL VERIFY THAT THERE WILL BE NO ADVERSE IMPACTS TO UPSTREAM AND DOWNSTREAM PROPERTIES, SUCH AS BUT NOT LIMITED TO, UPSTREAM POND. 17. AT THE TIME OF THE FINAL SITE PLAN, A WATER QUALITY ANALYSIS UTILIZING THE VA DEQ VIRGINIA RUNOFF REDUCTION METHOD SPREADSHEET UNDER THE APPROPRIATE DEVELOPMENT (NEW OR REDEVELOPMENT) CRITERIA MUST BE PROVIDED AND THE PROPOSED SITE MUST MEET ALL REQUIRED PHOSPHORUS LOAD REMOVAL REQUIREMENTS. 18. COMPUTATIONS WILL BE PROVIDED ON THE FINAL SITE PLAN SHOWING SHEETFLOW RUNOFF WILL NOT CAUSE DOWN-GADIENT EROSION, SEDIMENTATION, OR FLOODING. COMPUTATIONS WILL ALSO BE PROVIDED TO SHOW THAT ALL CONCENTRATED POINTS OF DISCHARGE MEET ALL STATE CHANNEL AND FLOOD PROTECTION CRITERIA. 19. AS THIS SITE IS LOCATED WITHIN THE UPPER TUSCARORA CREEK WATERSHED, JUSTIFICATION/COMPUTATIONS WILL BE PROVIDED AT THE TIME OF FINAL SITE PLAN THAT SHOW THE 10-YEAR AND 25-YEAR POST DEVELOPED PEAK DISCHARGE IS LESS THAN THE 10-YEAR AND 25-YEAR PREDEVELOPMENT PEAK DISCHARGE. ADDITIONALLY, COMPUTATIONS WILL BE PROVIDED TO SHOW THAT THE 2-YEAR DEVELOPED PEAK DISCHARGE IS LESS THAN THE 2-YEAR PREDEVELOPMENT PEAK DISCHARGE OR THE 1-YEAR ENERGY BALANCE EQUATION WILL BE MET. 20. THE FINAL STORMWATER MANAGEMENT DESIGN SHALL COMPLY WITH ALL FEDERAL, STATE AND LOCAL REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, ALL DCSM AND VSMP REGULATIONS IN PLACE AT THE TIME OF THE FINAL SITE PLAN. Pennoni PENNON! ASSOCIATES INC. 208 Church Street, SE Leesburg, VA 20175 T 703.777.3616 F 703.777.3725 ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR AND OWNER MUST BE NOTIFIED OF ANY DISCREPANCIES BEFORE PROCEEDING WITH WORK TH OF . rG'r BHAKTHAVATSALAM THIRUMALAINIVAS "t Lie. No. 36261 ,Pt 3 12-06-2019 �w IONAL E��� LEESBURG SOUTH - WVTD PROPERTY TLSE 2019-0004 SPECIAL EXCEPTION PLAT COVER SHEET TOWN OF LEESBURG, VA m 1ST SUBMISSION COMENTS REVISIONS 0 z 12/06/2019 W I- 0 ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATE; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. PROJECT WVTD 1601 DATE 2019-08-06 DRAWING SCALE 1 "_ DRAWN BY LJH APPROVED BY BTN CS0001 SHEET 1 OF 3 I� z 0 rL W U Lu E, EL W a d N cn U 2 0 t;; co I- 6 a N E 0 00 a N ni N 0 W a a ZONING: PRC -- __ PIN 232-17-1322 4.18 AC < r F o I _ / _• mlj; NA 83 I , 0 USE: HOA CLUBHOUSE 4',3 // R FL�a nt.' y f� I'Z/rf r STOWERS, CATH RE Ni v �sl c� ti R i tl - ! ` ZONING: R'-T I f I u R V I ll/ - NIN RR I � + 2.30 AC i iii R Y PIN 232-26 s4a- 1 FRGREEN M _ eFdvya & ,ma`s J / USE: SINGLE FAM Y { Y x } l � � e--. ✓ .-. HOA � ` � � _� �, 43 �} .� • - /'� � rq S3 � / ,' � \ iti. — -� I �' / ZONING: 'PR y 1 - o 637 0 C -�33 232az7-85 2 ti - t NtM1lc:P ac 7 tiR ` 4- -kJ•-, f 13.7fi AC y 232=26- E SINGLE F►�MI nR \�FJS _ — r1 � U SINGLE LY/ i i / ` [ !7 TOVERt L�NE 1 • y r / RODM --FARM FSTATES`NQA y ` A ZONING: #t-4 — — /iN-233-46-6545 C 11 \ yU E-VACANT SPQR Q% ' Ili 116 ULVERT ry R \ 1 ` R tl \R r H- --— AR \` r HlptcT — S. f r c ,, r ! r R / ,� I/ f r , tl 1 r ��EAoowBooK FA , / -PI 23i 585 Q{� , / l 1/ �' R \ y Im � - 'r / i �\ ` y f PIN 233- i 1 • ; ,. 10,73 Li l r t , � USE. VA.., / r' . • "� / y t ,� \ 14 / { ` J \ 1 ExlsrlNG 100 vR R / 1 • s \ ° I y .� \ { `y FLOODPLAIN LIMITS \ 1 �LLo > 1 r I . r / / PER FIRM #51107CO227E I R ©� ' ` a / ! `9 1 J{ )` f( 1•I ,� • ? 1 GLOMR #15-03-2992R - - — -� \ "x I �1 { � � 1 ARIA i COMM UNTIES INC.� Z@NI R-1 I \ � �{ -.�� -� / i / b '�, � 1 � `� " � \ � � � � �i, � / "� �► / '�\ � SPIN 23J- 6-39 2 0S7 AC - G SINGLE FAMILY ` \ / / / 1/ I • \ r / / ' j T f ! ` �� tl d �' ` _ f fj // ✓ �5. aARCAQIA COMMUNITIa�� n V zR �I /� R /I , �\ / // _• 8 � ZONINCING: 1 ZONING: R-1 �/ ,�i 3 I t � / i /rr � •� �" � � I / / •/ f �' / / / "' • �_ ,.,, � /i f' / / / s r � � �-, /�' ±-,� iN 2a �-4�� 264$' —vyjfY � 4 ,- f / , / � / r f I ��'~I/ Y �./ F 6 5R usE: INCI� FAMILY- ICY 7� r 1 \ fi ✓ J f 1 / �i ' "% '' A j / j ( ' 'r :: cJ / j / / / / / ,' ry'R 41 Pr C6 , r / ` \ "I w z a / y , ! /^� � � 1 1� � �� .i ` t. 4i J I I ' � hR � ! ✓ / / r � r' %.j; p _, �, - f� —- — 4° y ' WASHINGTQN-VA TRAQNL DEV SITES, INC 111 ! 1r -� fr rI ' f / / / / / / /' �' ` / r ' PIN 232-15-9304 /// / I/ R / 1 11 llli f� l a �; r . ° ` • l f /f // / / // �42.89 AC OR 1,868,113 SF _ - ell/ r- �'• f ,�/IJr / I/ Ilfl III Rti Or r ~ rt; ZONING: R-1 E: VACANT / \ �`,. ., n Y 8 4�y ,�" w i• n Liz 00 j O ` ` / { / e r f1 e� a • " '.- r y 1 / % / / r� BROOK FARM`ES �` y MIN�a ; • : • ' : r \ � r I 1/r_ \ ` r ZONING:33--45- 6654 \ - f 0 /�fjl%1,+ ('� 1fll'� I 11 y{I , °` .;.;.'.'°;• \ O I� � r I / / / a � { � / � ./' �� J .68AC VACANT I � 1 � 1 �� rl/ � 1 , 11 14 I,I t, - -• ,, \ � � / / � / `� � i ,, v � / ., i q H �, `�.- . � � r ; 1 q\ ��] rl � /r/f // / 1 / _ `� : `' ; • ; ` : " • . 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THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. PROJECT WVTD 1601 DATE 2019-08-06 DRAWING SCALE 1 "= 100' DRAWN BY L1H APPROVED BY BTN C50002 SWEET 2 OF 3 AREA IN FLOODPLAIN PRIOR TO FEB 17, 2017 18.9 AC AREA IN FLOODPLAIN PER CURRENT FEMA FIRM DATED FEB 17, 2017 24.7 AC AREA IN FLOODPLAIN AFTER PLACEMENT OF PROPOSED FILL 13.1 AC X a 2 0 w u x w J Q Q w a u) 6 7) d w D U a ui J O EL E E p m IL m 0 tY a 0 a ZONING: PRC - PIN 232-17-1322 t p 4.18 AC i v `� \ O , ' i_ ]I'l f9 USE: HOA CLUBHOUSE C3 I r Rx• ! ` / / / ca xx STOWERS, C THA ERINE �x� /! � � % !C3 � r '.� • r \ ` {,z I \ r ONIN i Ct U e f ZONING R-1 P 232-82 o ( \ � 11 rfj f � �� � � PIN 232 2� 940 ' 0.24'� } �----.. 1 1 jfr / f�GREEN MF40 WS (� e� � & � 2NG AC ` ., � IISE: SI F' J } � � USE: SINGLE FAMI Y � \ } (/ - --HOA \ �f FAMItYa _pl S' ^ ( / ZANI C `ZO C `� � r � _� • {�� / f ZONING: PR �'-_6�7' -�f (/ t IN 232-27-85 2 '� J Z NING� - 7F�463 ^� - iii7,li r f1c� - 13.76 AC ! 2 I 1 \ 1 �, U SI GLE L�j j 1 J ! 2 E: SINGLE I�MI � �• �} `�.�U� r I � ! � r� � AI'i+ll�/ r � I � ^ f f / r� � T6V L 1 E y t — \\ _ ROOKFTay ARM €s" Hoa ZONW,� .R� _i IN-233-46-65 4 { � � i - � ''�-k.. � _ � ,., � � _ �� r c o _ � 'fi t �'1 �. �^� QQf �� \ -- �� �` } y d�y.�-. U�iVACANT [Q d / r ULVE __1 4 / f 1 6` (.',V) ___ f f HIj�Gi S, I �••�'* ✓ :ck�EAD43WlBf� DID FAF /} / - a al` C 1 L L � \ w / \ " 1 / / jL r / ZONING: PI 232 585 flci ^�' � b 1 l \_ �� / 3.5,7 PyC \ ,� \ / o ` + 1� �. "Z3 } \ PIN 233- I �° ��,, NIh1 : -1 \l�l`� 1, r� % J // 4 h VA � � 1 '�\ {� /' --`_ -- �� cl w ` 1 . Ap f- us0, 7, f r \ 'XIS 100 YR7 1. , A j `A .00a -� FLOODPLAI 1 �� a, '+ 7� 1 I1 , >r r \ j 5f s'r' �) "C I-i PER FIRM #51107 27E 1 1 LIMrTS OF4 Eti4F21NG.._ 7 CLOMR #15-03 2992R x l—_ IA'COMMUNIItS INC. f ! I ✓ �,/ / k1 • } j 1 ` ✓ J 1 • }� N 1 ! 1� / 4t ZN� R-1 1PIN 2 J 46-393Z' ✓ / } l< l • / 0.57 ACC' _ - v '3 .. ✓ / }/ �--I1 \,. • y \ r 1 r \\ UM: SINGLEiFAMILY + p -`�- O �1 / / \ / A � r r � � 1-1\ � -.� 1 // �5�I : AMCA`�IA CO�IMUNITI I b !�f�/�{ i / / / a fr S/ I �}f �.r /` I w tS Jf1 1/ f /fJ, r`�.__. • ; • : ' .. _' 7)rs / °8 - \ INC. -\ �z-11 PIN 233-46266`m edc 325LIMITS OF CLEARING c�o 0,`i4 AC .Do cc, AND GRADING (TYP) / 6 F' ' USE: INGLE,FAMILY- Lu CY 7 ! f y/Jf�/jj f 1 / f f�I I / "/ { } �/ +� 1 �:`` : ; : ; ' ✓/ / I ��, \CD \ ✓ S J �� f �(iI f // M 111 f rr (• r m f pp F ,, n . ,• ,� ► \ / / / ' /�/j L /j ; / \ ,? LU,- �5.Da �� �r / °�.11 � f 1 if 1 , J • Y >. l --- � , .,i. _. '3d� 4J \ �- � '� �r f {! f f j f I I I l � � ✓ � � I �� / � �. , ; • , : y- . r � , _, � ! � f - ' � ji •� ✓� ,� `\ , ``' � � - - `�� -�" � � � �' f f ��I f � l I I 1 °` � 114 � � � .. � -� \ ��--- ✓ / � � \ f ; ; ' ; ; : i � � � - � r,, / / /{, / WASHINGTON-VA TRADNL DEV SITES, INC y - _ = J : PIN 232-15-93{�4 1 PR 0' / 42.89 AC OR 1,868,113 3IF _ R x � � I x - J ; ; + ; ` ; � POSEo- � / ZONING: R 1 / j� % \ f '= c r,; . 1 1ao YID i / / E: VACANTrf t _ off FLCDPLAIt I ( / / / ✓ / / / 111f i \ \ ^ ILI MITI, / r r ✓ / / } p---jr ;, �,� ` \ \ f a r r . 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"-3j �n 1 r�� 0 TONAL LANDLC \ ` j '- `•'\ v ` ;3 ° f { ZONING; .rf--I y \ �: \ , , 1 • I PIN C72-10=-4379 \ . - i •I I rj - w `4] ✓ ro? ) / / / \ 16.90 AC 1 -. \ USE: V+904W w N,EXISTING 10 ©� FLOODPLAINLIMITS PER FIRM #51107C 27 i -: `+ � / 1 J \ \ - '• , �. ,� CLOMR fa`1503-29 E R I f 1 � i f f f r` _ .I \ \ `► 'r` , J' / :�- \� ,� \ \ \ ,f � \ �"' • -ccst \ t \ mil ' \ o ,�r'b �. / j \ \ . ?, CJ ,� / / ° ` 6` 11L� J f ✓ 1 •� x Q y \, I a { l,� „y LIMITS OF CLEARING �ft�S \ r / I ,► _`� G' .a7 \r / f I AND GRADING( 'YPj \ f\ �/) \ 1 E OUK WESTPARK HOTEL AS _ LC PIN 232-38-5124 1 ✓ \ •\ �x �x \ `- �- � .' .• ,,�' / F SE ­ Co ERClAL/INDU Q 6,IV 07 Bx / \ ti �-- b �, IN,1 l v�'c' ✓ osd� \/ \ j F / C,�32609 "1r �I Rr `�� ! `'; ��r '`\ / \ " //f /�.\ /• � •\� r' rll�i / L�c4 gyp^] y`z ��nl, !� x I 6 ti `�` y f \►r i �� rc� r qz� . (. 1 y j 'fit' r ter- �y / -\ `� f • l ! / z'{,. ��`' A/ ''rr+�9' '� C7, Cl- / - - (�V rzr fpn-10 /y a \ \ \Y f \ \ (JI- 1��Aj I- -_ �aFyr f yam✓�� A \� \., �\\\\\ \\` �� ����sa 4�e� �. f ' 5I- 6 wQ U)(1) CO Vid Q co Q CJ� z CNY Z LLJ 0 a I- � Y © Q _ Z Q H O IJ_ Dow 1 � ? LLJ w rn d ,� 00 >ma ` m Of Q �Q zw ' fill 000 wZLw 0 J Q Q orf w a- ,0 Ia- d' Z d Z co m w w �w x[] a � V ! [] ,JJ s- V LLJ a- m w J z m °Q r!J z z w z � D 0 LUz Q m in T l/ z a O w r ❑ ALL DOCUMENTS PREPARED BY PENNON ASSOCIATES, ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC PURPOSE INTENDED WILL BEAT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNON ASSOCIATES FROM ALL CLAIMS, DAMAGES. LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. PROJECT WVTD 1601 DATE 2019-08-06 DRAWING SCALE 1 "= 100' DRAWN BY LJH APPROVED BY BTN CS0003 SHEET 3 OF 3 RECEIVED DEC 10 2019 STATEMENT OF JUSTIFICATION TOWN OF LEESEURG Re: TLSE 2019-0004, Leesburg South Floodplain Alteration/Reclamation. PIN # 232-15-9304, 232-25-3300, 232-25-2590, 232-25-1880, 232-15-1070. Washington Virginia Traditional Development Sites, Inc., ("WVTDS"), owns approximately forty-seven acres of property located at the northeast quadrant of the intersection of Route 621 and Route 15, in the Town of Leesburg ("Leesburg South"). The property is zoned R -1, Single Family Residential, and a portion is Floodplain (Overlay) and Creek Valley Buffer (Overlay). While the property is vacant and there are no immediate plans for development, sanitary sewer lines are located within its boundary and public water is available on the property's northeast boundary. The land itself is relatively flat and has been used for various agricultural purposes (corn, soy, sod) for a number of decades. In 2014 the Federal Emergency Management Agency ("FEMA"), submitted the first drafts of revised floodplain maps for Loudoun County. The new floodplain maps were finalized in 2017. The draft map for Leesburg South reflected a significant change in the amount and location of floodplain located on the property. Prior to the new FEMA mapping, there were a total of 18.9 acres of floodplain. With the new map however, the amount of floodplain increased to 24.7 acres. In addition to the increased floodplain, the location of the increased floodplain area had a severe impact on the continuity and developability of a substantial portion of the acreage of Leesburg South. With the submission of the FEMA draft in 2014, WVTDS started to investigate whether the draft was accurate and if so, what was the basis for the increase. Accordingly, Pennoni Associates Inc. (Pennon) initiated a study of the impact of the floodplain expansion, the reason for the expansion and what if anything could be done to address the expansion of floodplain as reflected in the draft and then final FEMA map. It is important to note that almost the entirety of the floodplain on the property was created by a "backwater condition" created by the construction of culverts located under the Route 7 bypass. Had the bypass not been constructed the amount of floodplain would have been limited to the actual stream channel which is located along the northwestern boundary of the property. The conclusion of Pennoni was that a floodplain alteration which incorporated a minimum of fill and grading would result in the reclamation of a substantial portion of floodplain which had been created by the backwater condition. As important, the proposed reclamation would have no impact on the existing stream channel. Accordingly, meetings were held starting in June, 2016 with the Town of Leesburg Engineering staff to discuss the viability of the floodplain reclamation and the process which would need to be undertaken in order to reclaim the floodplain created through the backwater condition. Over the span of the next two and one half years, Pennoni and staff worked together to develop floodplain reclamation plans which would meet the requirements not only of the Town of Leesburg, but also the relevant FEMA requirements. In November, 2018, a meeting was held with representatives of WVTDS, Pennoni and Leesburg staff in what 1 WVTDS anticipated would be a last meeting before the plans were deemed satisfactory to move forward to approval and submission to FEMA. Unfortunately, while the engineering staff had no issues with the floodplain alteration plans, the town planning staff raised a concern about compliance with the Town of Leesburg Zoning Ordinance (the "Zoning Ordinance"). While WVTDS did not agree with the planning staff position, it made several unsuccessful attempts to address their concerns. When WVTDS and planning staff were unable to resolve the issue, and believing that staff was not interpreting the Zoning Ordinance correctly, WVTDS submitted a formal Determination Request in April, 2019. The Zoning Administrator's response was provided in July. While the determination did not directly address the disputed issue, it did state that in order to proceed with the floodplain alteration it would be necessary to secure a special exception approved by the Town Council. Accordingly, WVTDS hereby requests approval of a special exception for WVTDS to reclaim floodplain located on a portion of Leesburg South. This statement is provided pursuant to Sections 3.4.6.0 and 3.4.6.17 of the Zoning Ordinance. The "Leesburg South — WVTD Property Special Exception Plat" prepared by Pennon, reflects the floodplain lines which existed prior to the FEMA update, the new FEMA floodplain lines and the proposed floodplain lines which would result from the floodplain alteration. In preparing the application for the floodplain alteration, Pennoni worked with staff to identify those areas of floodplain which could be reclaimed with minimal grading while having no impact on the stream channel on the property. The amount of floodplain reflected in the updated FEMA map has been reduced from 24.7 acres to a total of 15.1 acres. As anticipated, the vast majority of "reclaimed floodplain" is land that was not mapped as floodplain prior to the FEMA up -date. Critical to the proposed new floodplain boundaries is that the closest point between the existing stream channel and proposed floodplain is 219 feet. This clearly reflects that the proposed new floodplain boundaries would have no impact on the stream channel or the stream valley corridor. Standards for Special Exception Approval: The requested special exception for a floodplain alteration meets the general criteria for approval as per Section 3.4.12 of the Zoning Ordinance as follows: A. The proposed floodplain alteration will not impact the use of any neighboring property. The existing backwater condition of the floodplain on the property will continue to exist as a backwater condition after the floodplain alteration. The backwater condition is created by the existing Town Branch culverts under the Route 15/7 bypass. The floodplain change is limited to this property and there are no changes to floodplain on the neighboring properties. B. The proposed floodplain alteration does not prescribe a specific use other than the existing zoning use category, (R-1). C. Given the nature of the request, which is a floodplain alteration, there are no proposed uses in which structures such as buildings, fences, walls, etc. will be constructed. Once the floodplain reclamation is completed, there will be no visual evidence of the change in floodplain boundaries, and the change will not 2 Z F. Reclamation of the floodplain and the underlying zoning are consistent with the Comprehensive Plan. As noted in the referral response provided by staff in the initial comments related to compliance with the Town Plan, the floodplain alteration proposal is in conformance with the Town Plan. More specifically, the proposed plan honors the Creek Valley Buffer area as well as preserving nearly four (4) acres of wetlands. There is significant economic development benefit to this reclamation project as outlined in Chapter 8 of the Town Plan. There is a finite amount of land within the Town limits. This land was previously developable and, with no impact to others, should remain developable. G. Reclamation of the floodplain will not cause damage due to sediment transport during flood events. This reclamation effort does not alter the primary stream channel of the flood system. The backwater condition does not transport sediment or impact the velocity of the channel. There will be no measurable increase of expected heights, velocity, duration, rate of rise or sediment transport of the flood waters due to the reclamation of this floodplain. Conclusion: As has been noted several times, the floodplain on this property is caused by the "backwater condition" created through the construction of the Route 7 By -Pass. Because of the nature of this backwater condition, the increase to the elevation of reclaimed property will be minimal. Because the minimum distance between the proposed floodplain reclamation boundaries and the stream channel is 219 feet, the reclamation will have no impact on the stream corridor or downstream properties. Approval of the special exception will allow WVTDS to once again have a developable property which will provide continuity with the adjoining properties, consistent with the Comprehensive Plan. WVTDS and Town engineering staff have met for over three years to develop detailed plans which ensure that the reclamation is consistent with good engineering practice and meets the requirements of the Town DCSM and will successfully meet FEMA requirements for approval. For these reasons, WVTDS respectfully requests approval of a Special Exception to alter the floodplain boundaries located on Leesburg South. Waiver Request: Given the nature of the special exception, WVTDS also requests a waiver of Section 3.4.6.G, Traffic Impact Analysis. Respectfully submitted, Peter /.AKalaris, President Washington -Virginia Traditional Development Sites, Inc. 4