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					                           SUMMARY OF ZONING CORRESPONDENCE RESPONSES FOR PERIOD 03/01/04 THROUGH 03/31/04

                                          Date of
  Number              Applicant                                      Subject                                                Summary
                                           Letter
2003-328        Sterling Land           3/10/2004       Request for release and return of    It is appropriate for the County to refund the $60,000 cash security
                Corporation                             $60,000 cash security that the       based upon the Proffer Statement associated with ZMAP 1988-0008 for
                                                        requestor posted for construction    Rock Hill, the Proffer Statement associated with ZMAP 1998-0006 for
                                                        of Trefoil Lane - Rock Hill Center   Oak Grove, the fact that construction of Trefoil Lane has been
                                                        Estates ZMAP-1988-0008.              completed by the Oak Grove developer, and Michelle M. Lohr's August
                                                                                             20, 2003 letter concerning this issue.
2003-352        Loudoun County,         3/16/2004       Use of transportation funds          This memorandum is in response to an October 3, 2003 memorandum
                Transportation                          contributed pursuant to SPEX-        from Chip Taylor, Assistant Director and Highway Division Manager
                Services                                1997-0008, America                   Office of Transportation Services (OTS), requesting a determination as
                                                        Online/British Aerospace.            to whether funds contributed pursuant to SPEX-1997-0008 are available
                                                                                             and appropriate to fund transportation improvements for Pacific
                                                                                             Boulevard. Specifically he asked whether these funds and accumulated
                                                                                             interest collected pursuant to Condition ten of SPEX-1997-0008 are
                                                                                             available for the design and construction of a section of Pacific
                                                                                             Boulevard from Auto World Circle to Severn Way. These funds may be
                                                                                             used for this purpose. As noted in the condition, improvements to Pacific
                                                                                             Boulevard are expressly permitted. There are sufficient funds within this
                                                                                             account to cover the funding shortfall of $187,000.00 for this project
                                                                                             which the OTS memorandum notes.

2003-381        David C. Culbert        3/18/2004       Will the transportation network of   The proposed development plan is sheet 3 of 24 of that certain overall
                                                        the Cascades Development             plan titled “Overall Plan, Cascades, Section 19A,” dated December 31,
                                                        continue to be in general            2002 and prepared by Urban Engineering & Associates, Inc. The land
                                                        conformity with the Concept Plan     bay in question is identified as parcel 18V on the concept development
                                                        for Cascades following the           plan for Cascades. Two points of access are illustrated to parcel 18V
                                                        development of Section 19A           whereas the proposed development plan illustrates a single point of
                                                        (a.k.a. parcel 18V) as shown on      access. Therefore, the proposed development plan does not conform to
                                                        the proposed development plan?       the Cascades concept development plan.

2003-386        Charles Yudd,           3/3/2004        Installation of storm sewer      The proffers associated with ZCPA-2001-0001, South Riding Public
                County                                  improvements at the South Riding Safety Center Site, require the developer to install storm sewer
                Administration                          Public Safety Center Site.       improvements at the Public Safety Center Site.




   Summary of Correspondence Responses - 03/01/04-03/31/04                                                                                                    1 of 7
                           SUMMARY OF ZONING CORRESPONDENCE RESPONSES FOR PERIOD 03/01/04 THROUGH 03/31/04

                                          Date of
  Number              Applicant                                      Subject                                                 Summary
                                           Letter
2003-404        South Riding            3/12/2004       Confirmation that the Human          Section 11.2 of the South Riding proffers, ZMAP 1991-0005, has not yet
                Proprietary Board of                    Services proffer 11.2 for the        been fulfilled in terms of the type, size and location of the structure
                Directors                               South Riding community has           (Town Hall). It should be noted that the County has not yet requested
                                                        been satisfactorily completed.       the dedication of the site and that the referenced property (Parcel H1) is
                                                                                             currently owned by the South Riding Proprietary. The suitability of
                                                                                             parcel H1 for the proffered Town Hall must be demonstrated to the
                                                                                             satisfaction of the County or an alternate location in Parcel E (the
                                                                                             commercial area north of Center Street and east of South Riding
                                                                                             Boulevard) must be provided, per approved SBPL 1995-0024.

2003-447        Loudoun County          3/18/2004       Geographic appropriateness of        Mr. Brown asked for verification whether a proposed purchase of
                Department of                           proffer funds for purchase of land   property in the Flynns Crossing Development could be funded from any
                Management                              for group homes.                     of the following proffer funds: Toll Road Plaza - ZMAP-1990-0008,
                Services                                                                     Northlake - ZMAP-1996-0011, Loudoun Parkway Center - ZMAP-1990-
                                                                                             0015, or Belmont/Alexandras Grove - ZCPA-1991-0007. He specifically
                                                                                             asked whether using the proffer funds in the Flynns Crossing location
                                                                                             would meet any geographic criteria associated with any of the four
                                                                                             specific proffer funds. The first three proffer fund accounts are
                                                                                             appropriate to fund the proposed purchase of property in the Flynns
                                                                                             Crossing residential development.

ZCOR-2004-      Bowers and              3/8/2004        Required setbacks from the           The parcel is subject to the yard requirements of the RC Zoning District
0002            Associates                              Claiborne Parkway ramp at the        listed in Section 2-905(C). Per Section 5-1407, if the width of the
                                                        planned interchange of Routes 7      required buffer yard is larger than the minimum yard requirements of
                                                        and 641.                             Section 2-905(C), the full buffer yard width must be provided.
ZCOR-2004-      Joe Fontan              3/16/2004       Zoning confirmation for a            The proposed establishment is most similar to a “restaurant” use.
0005                                                    restaurant/bar with billiards        Restaurants are only permitted within the PD-IP district as a use that is
                                                        establishment in the PD-IP Zoning    supportive and complementary to permitted and principal uses within a
                                                        District.                            specific industrial park, Section 4-503(M) and Section 4-504(J). These
                                                                                             sections only apply to industrial parks that are developed in accordance
                                                                                             with an approved concept development plan. The subject property was
                                                                                             not part of a rezoning application and does not have a concept
                                                                                             development plan. Therefore, the proposed establishment is not
                                                                                             permitted on the property.




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                          SUMMARY OF ZONING CORRESPONDENCE RESPONSES FOR PERIOD 03/01/04 THROUGH 03/31/04

                                      Date of
  Number             Applicant                                      Subject                                                 Summary
                                       Letter
ZCOR-2004-     Jack C. Hammett, Jr. 3/10/2004          Permissibility of multiple amateur   The proposed antenna support structures are solely for attaching
0010                                                   radio antenna support structures.    amateur radio antennas for use only by the residents of the residential
                                                                                            dwelling on the subject property. Such amateur radio antennas, and
                                                                                            their supporting structures, are considered an accessory use as defined
                                                                                            by Article 8 of the Zoning Ordinance. Section 5-101(A)(12) of the
                                                                                            Zoning Ordinance lists radio antennas as a permitted accessory
                                                                                            use/structure to a principal residential use. A single family dwelling is a
                                                                                            permitted residential use in the AR-1 Zoning District.

ZCOR-2004-     Watt, Tieder, Hoffar    3/10/2004       Zoning verfication for Cascades      The subject parcel is in conformance with the current zoning and land
0018           & Fitzgerald, L.L.P.                    Commons, Sterling.                   use regulations.
ZCOR-2004-     Arencibia Architects 3/9/2004           Permissibility of manufacturing      Manufacturing is a permitted use in the PD-GI zoning district, and a
0025           Inc.                                    with showroom at Willow Oak          showroom is permitted as a use that is “customarily accessory and
                                                       Business Park.                       clearly incidental and subordinate to a permitted use”. No retail sales
                                                                                            will be permitted, however. A change in the use will require a STPL or
                                                                                            SPAM, in addition to a new zoning permit. The agent also inquired as to
                                                                                            an additional sign for the proposed use. As long as the other occupant
                                                                                            can establish that he is a distinct business, with a separate occupancy
                                                                                            permit, he may be allowed to have separate signage in accordance with
                                                                                            Section 523 of the Ordinance.
ZCOR-2004-     Barlow and Borland, 3/10/2004           Permissibility of "solid waste       The property is zoned GB (General Business), under the Revised 1993
0027           L.C.                                    transfer station" in GB zoning       Loudoun County Zoning Ordinance (“Ordinance”), is within the Ldn65
                                                       district.                            Airport Impact Overlay District, and contains RSCOD. The use is
                                                                                            described as the collection of “commercial/construction material and
                                                                                            debris from smaller collection vehicles” that will be re-loaded onto larger
                                                                                            vehicles in an enclosed facility, then shipped to a landfill. The
                                                                                            description of the proposed use is most similar to a “solid waste transfer
                                                                                            station” which is not permitted in GB, and therefore, the proposed use is
                                                                                            not permitted on the property. A solid waste transfer station is permitted
                                                                                            in the PD-GI zoning district.




  Summary of Correspondence Responses - 03/01/04-03/31/04                                                                                                       3 of 7
                          SUMMARY OF ZONING CORRESPONDENCE RESPONSES FOR PERIOD 03/01/04 THROUGH 03/31/04

                                         Date of
  Number             Applicant                                       Subject                                                   Summary
                                          Letter
ZCOR-2004-     Town of Middleburg      3/12/2004       Applicable zoning provisions for   Request from the Town of Middleburg concerning what provisions of the
0030                                                   reviewing a subdivision of PIN     Loudoun County Zoning Ordinance apply during the review by the Town
                                                       570-29-3805 - Hunters Hill Hamlet. of Middleburg of a preliminary plat application filed August 8, 2002 but
                                                                                          deemed officially submitted as of December 17, 2003, by order entered
                                                                                          in the case of George Mokhiber, Trustee v. Patricia Meagher, Zoning
                                                                                          Administrator, et al, In Chancery No. 22198, in the Circuit Court of
                                                                                          Loudoun County. Determination indicated that the March 11, 2004 letter
                                                                                          from Michael W. Seigfried, Planning Division Chief (MIDL 2004-0001),
                                                                                          adequately responds to the Town’s request.

ZCOR-2004-     Joe Bane, Jr.           3/3/2004        Potential number of lots for split     Based solely on the maximum gross density requirements for the TR-
0031                                                   zoned property (6.61 acres AR-1,       3UBF Zoning District, the Ordinance regulations regarding the
                                                       23.23 acres TR-3) identified as        establishment of nonconforming lots, and the County records regarding
                                                       MCPI 283-15-2408.                      the subject property, it is theoretically possible to obtain a total of eight
                                                                                              lots from the subdivision of the subject property. In order to theoretically
                                                                                              achieve a total of nine lots, approximately 0.8 additional acres of TR-3
                                                                                              zoned land would be needed.

ZCOR-2004-     Joe Bane, Jr.           3/3/2004        Potential number of lots using a       The boundary line adjustment process cannot be used to accomplish
0032                                                   boundary line adjustment process       Mr. Bane’s proposal. No new lots may be created through the BLA
                                                       involving the subject properties –     process and, based on his proposal, he would be using seven existing
                                                       that would result in: 1) Parcel 632-   lots to create eight lots. In order to create a new lot, a subdivision
                                                       45-3765 being 20 acres; 2) Parcel      application would need to be approved by the County. However, it does
                                                       648-39-0669, which is owned by         not appear that his specific proposal could be achieved, based on the
                                                       the County, receiving                  subdivision options that are currently available for AR-1 zoned
                                                       approximately 44 additional acres;     properties.
                                                       and 3) seven remaining lots that
                                                       are three acres or smaller.

ZCOR-2004-     Edwin Auto Repair,      3/23/2004       Permissibility of "light auto repair   The description provided in the letter ("change engine and transmission
0033           Elvin Ramos                             and service" in PD-IP.                 oil, change brakes, tire rotation," etc.) is most similar to "motor vehicle
                                                                                              service and repair, light" and is a permitted use.




  Summary of Correspondence Responses - 03/01/04-03/31/04                                                                                                          4 of 7
                          SUMMARY OF ZONING CORRESPONDENCE RESPONSES FOR PERIOD 03/01/04 THROUGH 03/31/04

                                         Date of
  Number             Applicant                                      Subject                                                Summary
                                          Letter
ZCOR-2004-     Blank Rome LLP          3/29/2004       Request for zoning verification for The Ashburn Village property, 44110 Ashburn Shopping Plaza is zoned
0036                                                   44110 Ashburn Shopping Plaza.       PD-H4 (Planned Development – Housing), administered as PD-H24,
                                                                                           and further administered as PD-SC (Planned Development – Shopping
                                                                                           Centers), under the 1972 Loudoun County Zoning Ordinance. The
                                                                                           Property is further governed by proffers associated with (zoning concept
                                                                                           plan amendment) ZCPA 1990-0007, Ashburn Village, which amended
                                                                                           ZMAP 1984-0007/329.

ZCOR-2004-     Blank Rome LLP          3/29/2004       Request for zoning verification for The South Riding property, located at 43270 Defender Drive, is zoned
0037                                                   43270 Defender Drive.               PD-H4, administered as PD-H24, further administered as PD-SC, under
                                                                                           the 1972 Loudoun County Zoning Ordinance. It is further regulated by a
                                                                                           1993 rezoning, ZMAP 1991-0005, and its amendments and
                                                                                           modifications, ZCPA 1994-0006 and ZMOD 1993-0001.
ZCOR-2004-     Blank Rome LLP          3/29/2004       Request for zoning verification for The Countryside property, 1 Pidgeon Hill Drive, is zoned PD-H3,
0038                                                   1 Pidgeon Hill Drive.               administered as PD-H12, further administered as PD-SC, under the
                                                                                           1972 Loudoun County Zoning Ordinance. Additionally, the property is
                                                                                           governed by the proffers associated with ZMAP 1984-0009 and
                                                                                           Memorandum of Understanding, dated June 7, 1978.
ZCOR-2004-     Blank Rome LLP          3/29/2004       Request for zoning verification for Great Falls Plaza, located at 20850 Hardwood Forest Drive, is zoned
0039                                                   20850 Hardwood Forest Drive.        PD-CC-SC (Planned Development – Commercial Center – Small
                                                                                           Regional Center), under the Revised 1993 Loudoun County Zoning
                                                                                           Ordinance, and further regulated by proffers associated with ZMAP
                                                                                           1987-0016.
ZCOR-2004-     Blank Rome LLP          3/29/2004       Request for zoning verification for The Cascades property, 46262 Cranston Street, is zoned PD-H4,
0040                                                   46262 Cranston Street.              administered as PD-H24, further administered as PD-SC, under the
                                                                                           1972 Loudoun County Zoning Ordinance. It is further governed by
                                                                                           ZMAP 1986-0013, amended, Potomac Lakes, ZCPA 1991-0005,
                                                                                           Cascades Town Center at Potomac Lakes, and ZCPA 1992-0011, Town
                                                                                           Center at Westlake (part of Potomac Lakes).
ZCOR-2004-     Blank Rome LLP          3/29/2004       Request for zoning verification for The Broadlands property, located at 42870 Truro Parish Drive, is zoned
0041                                                   42870 Truro Parish Drive.           PD-H3, administered as PD-H24, under the 1972 Loudoun County
                                                                                           Zoning Ordinance. It is additionally regulated by the proffers associated
                                                                                           with ZMAP 1995-0003, Broadlands.




  Summary of Correspondence Responses - 03/01/04-03/31/04                                                                                                    5 of 7
                          SUMMARY OF ZONING CORRESPONDENCE RESPONSES FOR PERIOD 03/01/04 THROUGH 03/31/04

                                         Date of
  Number             Applicant                                      Subject                                                 Summary
                                          Letter
ZCOR-2004-     Nomura Credit &         3/22/2004       Request for verification of zoning   The property is zoned PD-IP and, having opted-in pursuant to Section 1-
0043           Capital, Inc & Tim                      compliance for Sterling Oaks         103(N)(2), is administered under the Revised 1993 Loudoun County
               Nachazel                                Commerce Center.                     Zoning Ordinance. The property is subject to proffers and conditions
                                                                                            approved with rezoning application (ZMAP-1986-0011) and special
                                                                                            exception application (SPEX 1987-0039) SSM Investment Club, Ltd.
ZCOR-2004-     ReedSmith               3/16/2004       Permissibility of auto sales as an   A previous determination in November 1998 held that auto sales was
0053                                                   accessory use to an existing         customarily accessory and clearly incidental and subordinate to the
                                                       warehouse principal use in the PD-   principal warehouse use. The sale of rare and antique automobiles was
                                                       GI district.                         allowed as an accessory use, subject to specific conditions. In this case,
                                                                                            the warehouse is used to store antiques, fine arts and collectibles
                                                                                            acquired through estate auctions and wholesale purchases. Consistent
                                                                                            with the previous determination, staff finds that the proposed accessory
                                                                                            auto sales are customarily accessory and clearly incidental and
                                                                                            subordinate to the warehouse use. Again, specific conditions limit the
                                                                                            accessory auto sales. (See Det. 1998-200, dated November 19, 1998
                                                                                            and Det. 2003-087 dated April 29, 2003.)

ZCOR-2004-     kmG Hauling Inc.        3/18/2004       Requested reconsideration of         For properties governed by the Revised 1993 Loudoun County Zoning
0056                                                   determination ZCOR 2003-412          Ordinance, the use of garbage truck and trash container repair, vehicle
                                                       requesting that their use be         and container storage, and dispatch office is most similar to "Contractor
                                                       considered "Contractor Service       service establishment" with "Storage outdoor, accessory". Any outside
                                                       Establishment" with "Storage,        storage must be accessory to the principal use. Contractor service
                                                       outdoor accessory."                  establishment is permitted, by-right, in the PD-GI (Planned Development
                                                                                            - General Industry) district, as "Contractor service establishment,
                                                                                            excluding retail sales" and in the GB (General Business) and MR-HI
                                                                                            (Mineral Resource-Heavy Industrial) districts as "Contractor service
                                                                                            establishment with accessory outdoor storage". In the PD-GI district,
                                                                                            outdoor storage of vehicles and equipment must be screened and
                                                                                            buffered along the periphery of each storage area. For both the PD-GI
                                                                                            and MR-HI districts, no storage of any kind is allowed in the front yard.
                                                                                            Under the 1972 Zoning Ordinance the proposed uses would be most
                                                                                            similar to "Yard for storage of coal, lumber, building materials,
                                                                                            contractor's equipment" and is permitted in the I-1 (Industrial) district.




  Summary of Correspondence Responses - 03/01/04-03/31/04                                                                                                     6 of 7
                          SUMMARY OF ZONING CORRESPONDENCE RESPONSES FOR PERIOD 03/01/04 THROUGH 03/31/04

                                         Date of
  Number             Applicant                                      Subject                                                Summary
                                          Letter
ZCOR-2004-     Charles S. & Betty      3/29/2004       Permissibility of building a second The subject property is 4.0 acres in size and is governed by the
0057           D. Pearson                              house on a four-acre lot in the TR- regulations of the Transitional Residential - 1UBF (TR-1UBF) zoning
                                                       1UBF zoning district.               district and the River and Stream Corridor Overlay District. Under
                                                                                           Section 2-1702 of the Zoning Ordinance, accessory dwellings are listed
                                                                                           as a permitted use in the TR-1UBF zoning district subject to the
                                                                                           additional regulations of Section 5-613. The TR-1UBF zoning district
                                                                                           requires 25 foot setbacks from all property lines and a 35 foot setback
                                                                                           from any road right-of-way or private access easements.
ZCOR-2004-     Walsh, Colucci,         3/15/2004       Proposed zoning ordinance         A letter of was sent to the applicant acknowledging receipt of their letter
0060           Lubeley, Emrich &                       amendment to Section 4-600, PD- requesting consideration of a zoning ordinance amendment to allow
               Terpak                                  GI, to allow motor vehicles sales motor vehicle sales and accessory service in the PD-GI zoning district.
                                                       (limited) and accessory services
                                                       as a permitted use.
ZCOR-2004-     Office of Solid  3/30/2004              Compliance with special             Based upon review of the materials provided by the Office of Solid
0062           Waste Management                        exception conditions for the        Waste Management and the SPEX conditions, these facilities are in
                                                       Loudoun County Landfill and         substantial conformance with the conditions of SPEX approval.
                                                       Woods Road Storm Water
ZCOR-2004-     Paul Brown, Dept. of 3/25/2004          Management Facility.
                                                       Request for a determination as to   A summary of proffer funds that may be expended at this time follows:
0077           Management                              the appropriate use of funds for    Belmont Forest - Construct ES - $10,957; University Ctr. - 2
               Services                                capital projects within the         maintenance projects - $100,831; River Crest - Dominion HS -
                                                       Loudoun County School Board's       $224,713; South Bank - Dominion HS - $217,115; and Cascades -
                                                       adopted FY05-FY10 Capital           Lowe's Island ES only - $79,164.
                                                       Improvements Program.
ZCOR-2004-     Mary Peterson           3/30/2004       Permissibility of a caretaker's     The subject property is zoned AR-2 (Agricultural Rural - 2). A
0083                                                   residence on property identified    caretaker’s residence is permitted by-right within the AR-2 zoning
                                                       as 23357 Sally Mill Road,           district. The ordinance defines a caretaker's residence as: "A residential
                                                       Middleburg.                         structure on a site intended for use as a dwelling for a caretaker in
                                                                                           connection with the particular purpose of the principal use on the same
                                                                                           site. The caretaker's residence shall be accessory to the principal
                                                                                           residential structure." As long as the proposed structure meets the
                                                                                           zoning ordinance definition and is accessory to the principal residential
                                                                                           structure on the site (less than 49% of the size of the existing dwelling),
                                                                                           a caretaker's residence may be constructed on the subject property.




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Description: Letter Requesting Response to Return of Credit Application document sample