Loudoun County Board of Zoning Appeals Public Hearing – March 26, 2026

The Loudoun County Board of Zoning Appeals (BZA) met on Thursday, March 26, 2026 at 6:00 PM in the Government Center Board Room. The board considered two public hearing items: a sign development plan for Ashburn Crossing and an appeal of notices of violation for wood chip placement in the major floodplain. The sign plan was approved unanimously; the appeal was granted, overturning the notices of violation.

Preliminary Matters – Motions to Strike and Exclude Evidence

• The board first addressed a motion by the Assistant County Attorney to strike two audio recordings of staff meetings with the appellant. The board granted the motion, excluding the recordings from evidence.
• The appellant filed a motion to exclude untimely evidence and post hoc record creation. The board partially granted the motion: the staff report was not excluded, but any photographs, testimony, or evidence gathered by county staff on the day of the hearing (March 26) were excluded.

Public Hearing Item a: LEGI-2025-0045 – Ashburn Crossing Sign Development Plan

• Staff presented the application for a 296 square‑foot ground sign (exceeding the ordinance limit of 100 sq ft) at the northwest corner of Loudoun County Parkway and Gloucester Parkway. The sign would be 8 ft high and 37 ft long, matching existing entry signs on the property. The zoning administrator interpreted the sign’s base as part of the sign area, triggering the need for a sign development plan.
• The applicant (St. John Properties, represented by Peyton Stone, Matt Holbrook, and Michael Romeo) argued that the base design improves aesthetics and creates a campus feel, and that excluding the base would allow a sign under 100 sq ft by-right. They noted that the sign is 15 ft from the right‑of‑way (exceeding the 5‑ft minimum) and is compatible with the suburban employment place type.
• No public comments were offered for or against the application.
• Key Outcomes: The board approved the sign development plan subject to conditions of approval dated March 26, 2026. Motion by Mr. Clark, seconded, and carried unanimously (4‑0).

Public Hearing Item b: APPL-2025-0005 – Appeal of Notices of Violation (Wood Chips in Floodplain)

• Staff (Amanda Johnson, Paul Hightower, Maggie Auer) presented that the appellant placed truckloads of wood chips in the major floodplain on two parcels (zoned A3) without prior approvals. The October 9, 2025 notices of violation cited outdoor storage, which is not a permitted use in the Floodplain Overlay District. Staff argued that the appellant did not obtain a floodplain alteration or a zoning permit before the activity.
• The appellant, Ryan Shea, testified that he intended to spread the wood chips as a soil amendment to combat stagnant water and poison ivy, and that the use is agricultural (growing berries, etc.). He claimed the county’s interpretation conflicts with Virginia Code agricultural exemptions, and that the county admitted corrective measures were inappropriate. He also noted that the county’s own experts confirmed wood chips are non‑erosive and that spreading them does not constitute a grading disturbance.
• A neighboring property owner, John Carey, spoke in support, stating the wood chips have improved the property’s safety and wildlife habitat.
• Board Deliberation: Some members questioned whether the activity constituted “outdoor storage” under the definition, which requires holding materials in the same place for more than 24 hours. Others noted that the appellant immediately began spreading the chips, and that the piles were temporary. The board focused on the specific language of the violation notice (storage) rather than potential other violations like lack of permits.
• Key Outcomes: The board voted to grant the appeal, thereby vacating the notices of violation. The motion carried 3‑1 (with four members present; the chair confirmed three votes were needed). The ruling overturned the zoning administrator’s decision.

Administrative Reports

• The Assistant County Attorney gave no report.
• The Zoning Administrator (Bradley Polk) reported upcoming BZA matters on April 23 and May 28, 2026.

Adjournment

The meeting adjourned at approximately 7:30 PM.