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The Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
January 7, 2016
The Leesburg Planning Commission met on Thursday, January 7, 2016 in the Town Council
Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present were Susan
Berry -Hill, Brian Boucher, Irish Grandfield, Calvin Grow, Liz Whiting, Shelby Caputo and
Karen Cicalese
CALL TO ORDER
The meeting was called to order at 7:00 pm by Chairman Harper
PLEDGE OF ALLEGIANCE AND ROLL CALL
Members Present: Chairman Harper, Commissioners Babbin, Barnes (arrived at 7:36), Kidder,
Robinson, and Welsh Chamblin
Commissioner Burk attended remotely via phone and left the meeting temporarily at 9:06 and
rejoined the meeting at 10:24 PM
Chairman Harper explained that Commissioner Barnes would be arriving late to the meeting.
ADOPTION OF AGENDA
Motion: Commissioner Robinson
Second: Commissioner Kidder
Vote: 6-0-1 (Barnes not present)
APPROVAL OF MINUTES
Chairman Harper noted that she had spoken with Karen Cicalese, Commission Clerk, regarding
the vote to adopt the agenda and to approve the minutes. She explained that Commissioner
Barnes had arrived at the meeting during the Pledge of Allegiance and had been present for both
votes and the December 17, 2016 minutes had been corrected.
Motion: Commissioner Kidder
Second: Commissioner Robinson
Vote: 6-0-1 (Barnes not present)
DISCLOSURE OF MEETINGS
Commissioner Welsh Chamblin disclosed a meeting with Staff, Rich Brittingham and County
Staff regarding the Courthouse Expansion application on Friday, December 18, 2015.
CHAIRMAN'S STATEMENT
None
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PETITIONERS
None
PUBLIC HEARING
TLTA-2015-0001, TLZM-2015-0002, and TLZM-2015-0003 — Courthouse Expansion, Irish
Grandfield Sr. Planner
Chairman Harper explained the Courthouse Expansion application noting that this project
consists of three applications which include an amendment to the approved Concept Plan and
Proffers; a Town Plan Amendment changing the land use to allow the Pennington Parking
Garage; and a rezoning from R-6 (moderate density residential district) to GC (Government
Center) to allow the construction of a four-story parking garage. The Planning Commission
wished to make this application as transparent and clear as possible to the general public and had
decided to address the applications individually.
Chairman Harper opened Public Hearing TLZM-2015-0002 — Courthouse Expansion at 7:05 pm
and invited the Applicant to make their presentation.
The Applicant, Loudoun County, was represented by Peter Hargreaves, Design Manager,
Loudoun County Transportation and Capital Infrastructure, Jim Beight, Dewberry, Bill Fissell,
Dewberry, and Rich Brittingham, Dewberry.
Mr. Hargreaves began the Applicants presentation by introducing Jim Beight, Rich Brittingham
and Bill Fissell, Dewberry, as the architects and engineers for this project. Mr. Beight will
discuss the project background and Mr. Brittingham will discuss application detail.
Mr. Beight discussed the overall project scope and concept plan as follows:
• Construction of a four story parking garage on the Pennington Lot
• A reconfiguration of the Semones Lot
• The New District Court House on Church Street
• The Bank of the Valley restoration and properties directly associated with it
• Streetscaping that will link these properties together
• Off-site improvements
This project will be phased as follows:
The Pennington Lot will be built first as construction cannot begin on the courthouse until the
parking, that will be removed due to the development of the courthouse site, is supplemented.
The parking structure will be built adjacent to the existing parking lot as that parking needs to
remain available as well.
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January 7, 2016 Minutes
Once the parking deck is built, work will begin on the courthouse. The Semones Lot will be
used for staging for the contractor for storage and construction trailers. The actual completion of
that parking lot will be at the end of the courthouse site development.
Once the new courthouse house site has been developed, work will begin on the main campus at
the Bank of the Valley.
Mr. Beight noted that they had been working closely with the BAR as there are nine applications
for Certificates of Appropriateness that they are currently working through. The overall site plan
has been conceptually approved, which involves the location of the building on the site, the
setbacks, the mass of the building, the overall height of the building, and the general architectural
language of the building. Delineation and fenestration will be reviewed extensively and to a
greater degree.
Mr. Beight discussed Community Outreach efforts which included meetings with stakeholders, Town
Staff, Public Meetings, Courthouse Campus Grounds Committee, Planning Commissioners and Judges.
The entry to the new district courthouse will be on Church Street directly across from the new
courthouse plaza they are developing. All services to the building and the egress for the
judiciary will occur at the secured parking area on Cornwall Street. The building itself is three
stories, however much of the first floor is below grade. A tunnel will be constructed to link the
new building to the existing Courts Campus.
One of the attributes of the project, which drove the siting of the building, is the continuation of
the public green space that fronts the existing Courts Campus down Market Street and onto
Edwards Ferry Road making it a continuous setback and a front yard for all governmental
functions that occur within these buildings. The Town is looking forward to having some
structured events that could occur on the lawn to support some of the things that currently occur
on the existing Courts Campus.
The applicant is proposing to restore the Bank of the Valley closer to its' original configuration
which will require the removal of the non-contributing addition built on the north side of the
fagade in the 1980's. This will allow the new courthouse to be linked more directly with the
existing Courts Campus. The property behind the Bank of the Valley will be activated and made
into a small public park.
The Semones Lot will be constructed in conjunction with the new courthouse. Currently it
provides 69 parking spaces and it will continue to be used as a parking lot; primarily for
accessible parking. There will be a total of 36 parking spaces; 16 of which will be accessible
parking spaces and reserved spaces for adjacent homeowners on Church Street. The proposed
Pennington Lot will hold the bulk of the parking for the project. The existing lot has 209 total
surface parking spaces on the site and the Applicant is proposing to add a parking garage to
provide 727 spaces in the garage. The main egress for the parking garage will be through the
current parking lot and it has been suggested to have an egress only lane from the parking garage
onto North Street.
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January 7, 2016 Minutes
To mitigate the impact of the structure, the applicant is proposing a n extensive amount of
landscape buffering and trees around the site to further enhance the development which Rich
Brittingham will explain in more detail.
Mr. Brittingham noted that the applicant is providing the required S-2 buffer on the southern and
eastern property lines. They will also be adding a six foot masonry screening wall to mitigate the
impact of the cars exiting the parking garage onto North Street. To the north of the property is a
four acre mature hardwood tree save which is being preserved with this application. This will
provide significant screening to all the single family homes located to the north and north-west
of the property including the church cemetery. The applicant is also adding supplemental
evergreens to firm up the edge of the tree save and to further shield single family homes. A
portion of existing surface parking will also be removed to allow the planting of more evergreen
trees to screen views from residences to the west. Along the southern part of the Pennington
surface lot the Applicant is proposing to remove surface parking to allow the provision of a
maximum width buffer; create a nice pedestrian experience; and allow a safe entry for vehicles
entering the garage.
Mr. Brittingham noted that they are requesting a design standard to allow light poles on the top
level of the garage. The Illumination Engineering Society of North America (IESNA) has
guidelines for security lighting in parking garages and parking lots. The average is 3' candles
across a parking lot; with the minimum allowable being a 1' candle. In order to achieve the
recommended guidelines they have come up with a Lighting Concept Plan where they would
place 6 poles in the internal quadrants of the garage. These will be LED lights with a maximum
mounting height of 26' and will meet the IESNA's full cut off standards. In conjunction with the
location of these lights, they have been working with their lighting consultant to find a way to
minimize the impact of the lights on the residents and have instituted some operational controls.
The top deck will be reserved for County Employee parking and will have a card activated Roll
down bar at the vehicle ramp with card activated elevator access. The top deck lighting will be
motion activated after a specified time and motion detected without card activation will
automatically send notifications to alert the courts facility.
Mr. Brittingham described the pedestrian circulation from the Pennington Garage to the Courts
facility an includes a six foot brick walk to be built along the south side of the Pennington
Service Lot to connect to Church Street. The existing brick walks on Church Street and
Cornwall Street will be improved. Visitors parking in the garage will also have the opportunity
to exit down a walkway parallel to the exit onto North Street.
Mr. Brittingham also discussed the offsite improvements proposed which include the Church
Street extended road improvements; Church Street and Cornwall Street sidewalk improvements;
underground utilities along Church Street and Edwards Ferry Road; traffic signals at the North
King/King Street intersection (cash in lieu) and Edwards Ferry Road/Catoctin Circle intersection
(cash in lieu); speed limit sign on Slack Lane (cash in lieu); 4 reserved residential parking spaces
within the improved Semones Lot; wayfinding sign program design and installation; and speed
table on Church Street at the New District Courthouse entrance.
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Mr. Brittingham addressed the following Planning Commission questions and concerns
discussed at previous meetings with Planning Commission members.
• Impact on traffic with a 4 -way stop at North Street & King Street — A 4 -way stop needs
equal traffic from all approaches which is not ideal for this location
• Will there be a crosswalk at Church Street extended? — Yes
• Will County provide snow removal along Church Street sidewalk? — Details being
evaluated
• Future alignment of Harrison Street to garage exit — Proffer to align exit road if County
ever purchases adjacent property
• What are visibility impacts from homes on King Street looking east towards future
garage — Enhanced evergreen plantings proffered along western edge of garage to
mitigate all view from the west
• Access to Catholic Church at Church Street Extended — Applicant is meeting with the
Catholic Church on January 20, 2016 to discuss
Mr. Brittingham concluded his presentation by addressing the five outstanding issues as follows:
TLZM-2015-0002 Courthouse Expansion
• Offsite transportation contribution — In Progress
• Signalization at N. King Street and North Street — Applicant is evaluating
• Undergrounding of Utilities — Revised proffers shall include commitment to underground
utilities along Edwards Ferry Road frontage
• Town -County Agreement to allow tunnel beneath Church Street - In Progress
TLZM-2015-0003 Pennington Lot
• Operational Measure to Limit Impact of Top Deck Lighting — restricted top level access
and motion activated lighting
• Stormwater routing along North Street — Applicant is evaluating and will be determined
at site plan
Staff Presentation — Irish Grandfield, Sr. Planner
Mr. Grandfield gave a brief overview of all three applications explaining that the proposal is for
a 92,000 square foot courts building at 2 North Church Street, previously approved in 1998 for
60,000 square feet. Also included in this application is a four-story parking garage at the
Pennington Lot; sidewalk improvements between parking and courts, development of Church
Street north of North Street to public road standards and enable it to become part of the Town's
public road system; and offsite intersection improvements at North/King and Edwards Ferry
Road/Catoctin Circle. Mr. Grandfield discussed the site noting the location of the Pennington
Lot, Semones Lot, existing Courthouse, and 2 North Church Street which is approximately 1.8
acres in size. The Semones Lot is not technically a part of this application; however it does
provide some of the required parking for the site.
Mr. Grandfield discussed public comment to date and noted that he had received the following:
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• Cornwall Street Resident email — Support for retaining Courts downtown; concerns about
traffic, pedestrians, and parking
• Property Owner across Church Street, extended email: Concerns with Church Street
extended and views from home at 220 N. King Street. Request to have Church Street
extended fully built, including portion fronting their property, and to consider storm
water management for their lot in the design of this site
• King Street Resident Phone Call: Support for project including improving North/King
Street intersection.
TLZM-2015-0002 Courthouse Expansion
This is an application to amend the previously approved rezoning for TLZM-1998-0155 to allow
a 92,000 square foot courthouse at 2 N. Church Street. The site is directly across from the
existing courthouse at the corner of Church Street, Edwards Ferry Road, and East Market Street.
It is important to talk about the additional roads in the area as all will be impacted in one way or
another. Cornwall Street is to the North of East Market Street; Slack Lane is a small strip of
public road on the east side of the Semones Lot; North Street is two streets up from East Market
Street to the north; Harrison Street is located to the east and almost aligns to the Pennington Lot
at North Street; and King Street. The zoning district is not changing. It is currently zoned GC
and was previously approved for a 60,000 square foot courthouse (TLZM-1998-0155). The
property is currently subject to proffers from TLZM-1998-0155 which will be superseded should
this application be approved. The 92,000 square foot courthouse includes the removal of four
houses on the property. There will be off-site sidewalk improvements to link to Pennington Lot
and it is important to note that this property is in the H-1 district and subject to a Certificate of
Appropriateness (COA). Mr. Grandfield discussed the proposed concept plan noting the location
of the courthouse; common green; an eight foot brick sidewalk along the property frontage on
Church Street and Edwards Ferry Road; and a variable width brick sidewalk; a wrought iron
fence adjacent to the cemetery property to the north; buffering; service entrance on Cornwall
Street; gate; service parking; and utilities/dumpsters.
The Government Center zoning district is the only district that has Site Specific Design Criteria
which is similar to a modification in other zoning districts. The difference being that Site
Specific Design Criteria is not a request that he Town acts on independently; rather it is a
proposal by the Applicant to do something to modify the standard in the zoning ordinance. The
Town does not have the ability to approve one and deny another. The only way to deny them is
to deny the rezoning application itself. There are nine Site Specific Design Criteria proposed
related to landscaping, buffering, and parking in this application.
• Buffer B: Proposed 12' S2 buffer plus 8' wall in lieu of 25' Buffer
• Buffer C: Proposed supplemental landscaping in lieu of 10' S2 buffer
• Street Trees: Proposed one tree per 100' on Edwards Ferry and none on Church Street in
lieu of one tree per 40'
• Twenty Year Tree Canopy: Proposed no canopy requirement in lieu of 10%
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• Parking greater than 500 `from building (+/- 900')
• Lighting levels exceeding .05' candle at front of courthouse along Church Street
• Lighting fixtures closer than 10' property line at front of courthouse along Church Street
• Eliminate required yards and setbacks
• One loading space instead of four
Mr. Grandfield also discussed parking requirements. Parking is required at a rate of 1 per 335
square feet of court space. This was a standard in the parking standards of the Town's Zoning
Ordinance. The amount of required spaces equals 717. They applicant is proposing 925 spaces
broken down as follows:
• Pennington Lot Garage: 727
• Pennington Lot Surface: 147
• Interior Existing Courts: 6
• Interior New Court: 9
• Semones Lot: 36
Staged development ensures adequate parking during construction which amounts to 451 spaces.
Along Church Street between North and Cornwall Streets there is a residential parking area that
has about 7 spaces. One of these spaces will need to be removed for the proposed sidewalk
improvements. Staff negotiated to have 4 dedicated parking spaces in the Semones Lot for two
lots on Church Street (106 & 108). Additional parking issues will be discussed as part of TLZM-
2015-0003 Pennington Lot Parking Garage.
Mr. Grandfield discussed transportation noting that currently all intersections meet Level of
Service (LOS) C or better except the eastbound approach of North Street at North King Street
which has an LOS D rating. The courthouse expansion will generate 318 new trips during
morning peak hours and 202 during evening peak hour. By 2040 the LOS C or better can be met
provided that Church Street Extended is constructed as a public road; a traffic signal at North and
North King Streets is installed; and an intersection improvement at Catoctin Circle & Edwards
Ferry Road. Mr. Grandfield also addressed pedestrian access noting existing conditions that will
remain and proposed improvements.
There are proffers with this application which will supersede previous proffers. Staff
encouraged the Applicant to write them in this manner as most of the proffers from 1998 have
been satisfied and the few remaining needed to be updated. Some of the proffers are relatively
standard such as substantial conformance with the concept plan and a commitment to the
government land use. The Applicant has proposed an offsite transportation contribution,
intersection improvements, pedestrian improvements, parking improvements, landscaping and
buffering, a wrought iron fence; undergrounding utilities, construction hours (6:30 am to 10:00
pm weekday and 8:00 am to 5:00 pm weekends); and an interpretative feature. An interpretative
feature will be something that commemorates the history of the site and the four homes that will
be removed as part of this development and will be located in the common green along Edwards
Ferry Road.
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Outstanding issues include the following:
1. Value of offsite transportation contribution is recommended at $1.9 million per proffer
guidelines in Appendix B of Town Plan. The applicant has yet to demonstrate a proffer
valuation that approximates this recommendation.
2. North King Street/North Street signal: Staff recommends construction as opposed to a
contribution which is value engineered at $470,000. The applicant has proffered
$253,000 and no construction.
3. Contribution to Edwards Ferry Road/Catoctin Circle Improvement: Staff estimates the
cost of this improvement to be $450,000 to $500,000. The applicant has proffered
$253,000.
4. Undergrounding utilities along Edwards Ferry Road: The applicant stated that they are
willing to do this during their presentation this evening.
It is Staff s opinion that the application is consistent with Town Plan objectives subject to
demonstration of meeting the Offsite Transportation Contribution; mitigates traffic impacts; is
compatible with surrounding uses; and provides adequate public facilities. Staff can support
approval subject to revisions identified in the public hearing and recommends that this
application be scheduled for the January 21, 2016 Planning Commission meeting to give the
Applicant time to respond to the issues identified at the public hearing tonight.
Chairman Harper invited the public to comment on this application.
John Burnham, 114 Slack Lane, NE, Leesburg, President of the Exeter Square HOA, came
forward and expressed concerns regarding the Semones Lot as it currently overflows one to two
times per week and the proposed reduction to 37 spaces will cause daily overflowing. This could
potentially eliminate the parking behind his house and force residents to park at the Pennington
Lot.
Larr Kelly, 404 Edwards Ferry Road, Leesburg, came forward and expressed concerns regarding
the traffic signal at Edwards Ferry Road and Catoctin Circle noting that the 4 -way stop works
very well. The intersection at Edwards Ferry Road and Church Street needs to be addressed.
Ken Reid, Former Loudoun County Board of Supervisor Member, came forward and noted that
the courthouse expansion project is critical to Leesburg as it is the only non -transportation
Capital Project in the County budget. There have been discussions amongst the Board of
Supervisors to pull the plug on this project and move the courts into the County Government
Center on Harrison Street and relocate the Government Center, County offices along with its 500
employees to 9 acres that the County owns at Route 772, Metro Station, which will be built in
five years. He maintained that the votes exist to do this. Last year, due to the issue of the four
buildings on Edwards Ferry Road and the possibility of the Council not overturning the BAR
decision, County Staff was directed to investigate relocating the County Government Offices.
If the County Offices and Government Center relocate to Ashburn, the Town loses 500
employees which will negatively impact the downtown restaurants and businesses. Mr. Reid
opined that it was incumbent upon the Planning Commission to tweak and deal with those issues
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January 7, 2016 Minutes
that are a concern to the community, such as deck lighting, buffering, parking, etc. and not
whether or not the parking garage is necessary. He maintained that it is.
Fred Bishop, Trustee, Olive Branch Masonic Lodge, came forward and noted that the Olive
Branch Masonic Lodge was on the Semones Parking Lot and they would like to put an ADA
entrance into the bottom of their lot. As a part of their design, they would like a curb cut in the
parking lot to enable them to build that ramp. He expressed concerns regarding ADA access and
the ability to utilize ADA parking spaces in the evening when they meet.
Yvonne Septinni, 209 North Street, Leesburg, came forward and noted that she will be living
right across the street from the Pennington Lot. She expressed concerns regarding the exit of the
lot onto North Street; potential traffic safety issues; addressing the intersection of Church Street,
Edwards Ferry Road and East Market Street; and tree maintenance.
Judy Hynes, Andover Court, Leesburg, came forward and expressed concerns regarding the
Parking Garage exit onto Harrison Street; excessive speeding and traffic safety.
JD Norman, 37 North Street, Leesburg, came forward and expressed concerns regarding
increased traffic flow, cut -through traffic, speeding, parking structure mass and height; and top
floor lighting. He noted his support of the addition of a 4-waystop at Harrison Street and
Edwards Ferry Road and advocates a 3 -way stop at the intersection of North Street and Harrison
Street. The intersection of North King Street and North Street needs to be improved with either a
4 -way stop or a traffic signal.
Damon Schafer, 104 Harrison Street, Leesburg, came forward to commend the design and the
need to keep the courts in Leesburg. He did express concerns regarding the Pennington Lot
Parking Garage. There are a lot of children in that area and the increased traffic and potential for
speeding creates an unsafe environment. He suggested utilizing Church Street extended for both
infill and egress from the parking garage.
George Flick, 14 Cornwall Street, Leesburg, came forward and noted his support for the
expansion but had concerns regarding the need for parking and speeding enforcement and
signage in this area.
James Belli, 124 Harrison Street, Leesburg came forward and expressed support to expand the
courthouse but had concerns regarding traffic, the North Street exit, and the impact of the
parking garage.
Amy O'Connor, 108 Church Street, Leesburg, came forward and expressed concerns regarding
the Church and Harrison Street alignment, increased traffic; and the need to distribute the traffic
burden across the entire project; not just Church and Harrison Streets.
Lester Moxley, 114 Wirt Street, Leesburg, came forward and expressed concerns regarding the
Pennington Lot Parking Garage and proposed retaining wall.
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Chairman Harper closed the Public Hearing at 8:23 pm and solicited the Planning Commission
for questions, comments and discussion.
Commissioner Barnes asked what impact the extension of Church Street would have on the
entrance to the church cemetery. Mr. Grandfield answered that there would be no change in
access to that church cemetery. During construction there may be some partial or temporary
closings of Church Street extended as it is developed to public road standards.
Commissioner Babbin expressed concern surrounding construction hours and asked if it were
possible to make it 7:00 am instead of 6:30 am. She also questioned the necessity of a traffic
signal at North Street and North King Street as current conditions often prohibit two-way traffic
and a signal at this intersection might cause more traffic delays. In addition, there are a number
of traffic accidents at this intersection due to the parking spot in front of RGS Title that limits
visibility and asked if eliminating that parking spot had been considered. She also asked for
Staff s response to the public comment expressed; specifically the parking issue on Slack Lane
and if that parking area is currently restricted to residents only.
The Applicant answered that it was not restricted currently. Mr. Grandfield clarified that the
specific area being discussed was along Slack Lane adjacent to the Semones Lot. He explained
that the Exeter Townhome residents depend on having those parking spaces available and often
overflow parking from the Semones Lot utilize these spaces. There would be no way to prevent
this unless the residents were to petition Town Council and this area be made a residential
parking permit zone. There are a series of standards that have to be met to establish a residential
parking permit zone and a study would be done to demonstrate that the area meets the conditions -
specified in the Town Code. If those conditions are met, it would be up to Town Council to
decide.
Calvin Grow, Transportation Engineer, addressed concerns regarding the intersection of Church
Street, Edwards Ferry Road and East Market Street. He referred to the traffic study and noted
that a lot of the trips occurring from east to west to the Pennington Lot come in through Church
Street as it is one way at that point. The LOS at that intersection will basically remain the same
since Church Street is one way in either direction; traffic exiting Church Street will either turn
left or right.
Commissioner Babbin noted that several members of the public had expressed concern regarding
this intersection and requested that County and Town Staff revisit this issue for possible
alternatives.
Commissioner Babbin asked if under federal law, would it be possible to have parking spaces
that are dedicated ADA during the day, be available for general use in the evening. Mr.
Grandfield answered that he did not know but confirmed that 16 of the 3 6 spaces are ADA, the
remaining 20 are not.
Commissioner Babbin also asked about the possibility of eliminating the North Street exit as
suggested by one member of the public. Mr. Grandfield answered that that would be discussed
during the Pennington Lot Parking Garage public hearing.
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Mr. Brittingham explained that Church Street Extended is two-way traffic and there is the
opportunity to exit the surface lot onto Church Street Extended and head south on Church Street.
The North Street exit is exit only. Church Street Extended will be the only entrance into the
surface lot and parking garage but will also function as an exit as it does today.
Commissioner Babbin asked that the Applicant address the community's concerns regarding
traffic distribution and safety expressed and be prepared to discuss at the next meeting.
Commissioner Welsh Chamblin asked what part of Church Street will be closed during the
Courthouse expansion. Mr. Beight answered that it would be a small section (approximately 20'
wide) near the proposed courtyard area that would need to close for excavation when the tunnel
is being constructed.
Commissioner Welsh Chamblin asked about the blasting notification area and whether the
blasting will impact the cemetery. Mr. Hargreaves answered that they have doubled the
required distance. Mr. Grandfield explained that the Town Code specifies 150' and Staff asked
them to double that to 300" and that the Applicant has proffered to 300'. Mr. Beight answered
that he did not think that the cemetery would be affected but agreed to look into it more closely
and provide more information at the next meeting.
Commissioner Welsh Chamblin referenced the 1998 proffers which proffered 100 spots between
the Harrison Street Parking Lot and the Liberty Street Parking Lot to offset parking requirements
for the Courts Complex and asked what will happen to those lots. Mr. Grandfield answered that
those lots belong to the Town and the Town had an agreement back in 1998 to let those parking
spaces be counted towards the required parking. Those 100 spaces would be utilized for public
parking. If Council wanted to enter into an agreement regarding designated parking spots at
another Town owned site for the courts they could do so.
Commissioner Kidder noted that she had had a conversation with Calvin Grow recently
regarding that parking space on North Street and limited visibility. Mr. Grow responded that
Staff would need to discuss this with the Town Manager. At one time there was a sign on the
meter for "Compact Car Only" which has since been removed. Options are to replace the sign or
to remove the meter and designate the space as "No Parking".
Commissioner Kidder also discussed the traffic signal proffered at the intersection of Edwards
Ferry Road and Catoctin Circle which the Planning Commission has repeatedly requested to be
removed from the CIP. She noted that it has been accident free for twenty-five years and moves
traffic, even during rush hour, at a calm and courteous pace. It was her opinion that a traffic
signal at this location would negatively impact the character of the neighborhood.
Commissioner Kidder also noted that she had spoken with Irish Grandfield earlier in the week
regarding the possibility of a 4 -way stop at the Intersection of North King Street and North Street
and asked if the Applicant had considered this possibility.
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Tushar Awar, Traffic Engineer, Gorove/Slade, explained that when doing a traffic study, they
have to follow the Town's guidelines for LOS. When they analyzed the possibility of a 4 -way
stop at this intersection; it was determined that it did not meet the Town's criteria.
After continued discussion it was determined to postpone action on this application and to have
the applicant return to the January 21St meeting to address concerns expressed to include waiver
justification, exacting language; proffer clarification; clarification pertaining to undergrounding
utilities; tree planting, garage upper deck lighting, fiscal analysis; clarification on GC zoning
district proposal sections; and the North Street and Church Street parking garage exits.
TLTA-2015-0001 Pennington Lot Land Use
Chairman Harper opened the public hearing TLTA-2015-0001 Pennington Lot Land Use
at 9:14 PM and invited Staff to continue their presentation
Mr. Grandfield explained that this is an application to amend the Town Plan to replace "Low
Density Residential Planned Land Use with "Downtown" on the Pennington Lot. The Town
Plan Amendment would change the Land Use Policy Map for the Pennington Lot; provide new
policy language; and set the stage for consideration of the rezoning application TLZM-2015-
0003, Pennington Lot parking Garage which is a request to change the zoning from R-6 to GC.
The new policy language would allow residential use or optional parking/low intensity
government use. Parking/low intensity government use is conditional upon the following
standards:
• Church Street extended built as a public road
• Screening and buffering
• Mitigation of lighting impacts
• Future alignment of North Street with Harrison Street.
Mr. Grandfield discussed staff analysis and recommendation as follows:
1. Retention of County government downtown is an essential objective of the Town Plan.
2. A parking structure is needed to provide the required parking.
3. There are few options for locating a parking structure elsewhere and there are advantages
to not siting the structure in the H-1.
4. The proposed Town Plan Amendment provides appropriate guidance and the approval
criteria are met.
5. Staff recommends the addition of policy language regarding superior architecture given
proximity to H-1 and to forward to Town Council with a recommendation of approval.
Chairman Harper solicited the Planning Commission for clarifying questions.
Commissioner Robinson asked for clarification of the property size as the Town Plan
Amendment states that it is 9.9 acres and County site states the property is 10.03 acres. Mr.
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Grandfield explained that the mapping area of the County website gives the mapped acreage
which is not the legal acreage. The assessment should have the correct acreage.
Commissioner Robinson asked Mr. Grandfield for clarification of the following statement found
on Page 6 of the January 7, 2016 Staff Report:
"In this way it protects the government function essential to the economy of the downtown in a
manner that the by -right or planned residential use could not."
Mr. Grandfield explained that there are a number of businesses located in the downtown area due
to their association with the courts. Those businesses bring in tax revenue to the Town. In the
event that this property was developed as residential and the Courts Complex moved out of the
downtown, the Town would no longer have that tax revenue. Additionally, if there isn't any
other option provided for providing parking for the courthouse; then the courthouse will have to
relocate.
Commissioner Robinson asked for clarification of the following statement found on page 7 of the
January 7, 2016 Staff Report:
"The Town plan Amendment would allow for structured parking necessary to keep the Courts
Complex in the Old and Historic District while providing policy guidance for maintaining
character."
Mr. Grandfield explained that proposed policy language would say that appropriate screening
and buffering needs to be provided for adjacent residential development; impacts of on-site
lighting on surrounding residential development are mitigated; and Staff is requesting to add
language to commit to superior architecture. These components of the policy language would
enable this parking structure to be consistent with the Town character.
Chairman Harper invited members of the public to comment on this application.
Mr. Reid requested that his comments made during the TLZM-2015-0002 Courthouse Expansion
public hearing be include in the record of this public hearing as well.
Chairman Harper closed the public hearing at 9:29 PM and solicited comments and discussion
amongst the Planning Commission members.
Commissioner Robinson referenced Objective 12 in the Town's Land Use Plan regarding the
provision of institutional uses such as schools, libraries, and government facilities throughout the
town. Section B of that objective speaks to facilities not having a negative impact in terms of
automobile traffic, noise, lighting and visibility and would like to see language that clearly
addresses this to ensure compliance.
It was determined to delay action on the Town Plan Amendment and for the Applicant to return
for continued discussion at a work session to be held at the next Planning Commission meeting
on January 21, 2016.
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January 7, 2016 Minutes
TLZM-2015-0003 Pennington Lot Courthouse Garage
Chairman Harper opened TLZM-2013-0003 Pennington Lot Courthouse Garage at 9:31 PM
Mr. Grandfield explained that this is an application to rezone the Pennington Lot from R-6 (Low
Density Residential) to GC (Government Center) to allow a four-story parking garage to provide
courthouse and general County government parking. The site would be designed with the four-
story garage towards the center of the property. It is a banked garage with the eastern and part of
the northern elevations below grade such that from the eastern perspective it would appear as
three stories rather that four. The western perspective would have all four stories exposed. The
existing surface parking at the Pennington Lot would be modified. Currently there is
approximately 220 parking spaces, however in order to accommodate a greater buffer adjacent to
the houses on North Street and public road frontage improvements and garage buffering, the
number of spaces will be reduced to approximately 140. There is ingress and egress on two
locations on Church Street which lead to one entrance on the first floor of the parking garage;
and an exit only, that due to the banked nature of the garage, would come from the second floor
of garage to North Street. There is a 5' wide brick sidewalk to be constructed along Church
Street extended and approximately four acres of vegetation to remain and additional buffers.
Many of the buffers meet the zoning requirements; however, there are a few that fall under the
Site Specific Design Criteria discussed earlier. There are also trees in the existing surface
parking lot that will remain so there will be some mature trees within the parking lot at the time
of installation. The Applicant is proposing three Site Specific Design Criteria which include the
following:
1. Modify Buffer E: 10' wide S2 buffer supplemented with a 6' solid masonry wall for a 55
linear foot section
2. Modify Buffers A, B, and C: Use existing vegetation varying in width from 40' to 300'
in lieu of a 25' S2 buffer. The existing 4 acres of vegetation is proposed to function as
the buffer in area A to the north, area B to the east and area C to the east.
3. Lighting Poles Top Deck of Parking Garage: Allow top deck lighting poles in order to
meet required lighting standards. Through a zoning ordinance amendment in 2011, the
Town adopted a policy to prohibit lighting poles on the top of parking garages. This
exclusion prohibits provision of appropriate levels and the Applicant is proposing a
modified standard by which they would have six lighting poles on the deck.
Mr. Grandfield explained that there currently no proffers on this property. The R-6 zoning was
established by the Town and was not part of a proffered rezoning. This application is proffering
the following:
• Substantial conformance & government land use
• Church Street extended
• Wayfinding signage
• Alignment of North Street exit with Harrison Street should they ever acquire property to
do so
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Leesburg Planning Commission
January 7, 2016 Minutes
• Slack Lane sidewalk alternative
• Forest Stand Management Plan
• Site Lighting: full cut-off, full -shielded, directed downward, limit light trespass
• Parking garage public use
• Pre -construction public meeting
• Construction operations - Construction hours to run from 6:30 am to 10:00 pm on
weekday as per the Town Code. Blasting notification at 300' instead of 150'. Requests
from the Planning Commission to amend the construction hours and blasting notification
limits have been noted by the Applicant.
The following outstanding issues remain:
1. Value of offsite transportation contribution: $1.9 + million per Appendix B of Town
Plan; applicant has yet to demonstrate value of proposal
2. Operation controls to limit top -deck lighting impacts: Limit after hours lighting on top
deck to reduce neighborhood impact — earlier discussion addressed this issue but it is not
in the proffers currently
3. Architecture: Commitment to architecture specifics consistent with being adjacent to the
H-1
4. Stormwater routing: Commit to routing stormwater in front of North Street homes rather
than behind
Mr. Grandfield also addressed concerns expressed by the public and the Planning Commission
regarding the height of the parking garage. He explained that Staff has tried to negotiate the
elimination of the fourth level; however, the Applicant has not been inclined to do so and claims
that the fourth story is needed.
Mr. Grandfield concluded his presentation with an explanation of the approval criteria and
Staff's recommendation as follows:
1. Consistent with Town Plan subject to resolution of the four outstanding issues
2. Mitigates traffic impacts
3. Compatible with surrounding uses
4. Provision of adequate public facilities
5. Subject to revisions identified in the Staff Report dated January 7, 2016 and identified at
the public hearing; Staff can support approval
6. Continue discussion to the January 21, 2016 Planning Commission work session
Chairman Harper invited members of the public to comment on this application.
Mr. Reid requested that his comments made during the TLZM-2015-0002 Courthouse Expansion
public hearing be include in the record of this public hearing as well.
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Leesburg Planning Commission
January 7, 2016 Minutes
Yvonne Septinni, 209 North Street, Leesburg, came forward and commented that if the parking
garage has to go in this location it should be compatible with the H-1. In addition, the wall is
intrusive, and the exit onto North Street poses a huge safety risk in terms of traffic.
Rich Werth, 108 North Street, came forward and expressed concerns regarding flood control,
serious drainage issues, garage appearance from the houses on North Street, screening and
buffering of garage and storm drainage, the overall appearance of the garage, and security.
Chairman Harper solicited the Planning Commission for questions, comments and discussion.
Commissioner Barnes asked if the Applicant had considered a three story garage; moving the
garage further onto the surface deck; and wall lighting as opposed to pole lighting.
Mr. Grandfield answered that alternative lighting had been considered however it doesn't work
in this situation as you can't have a vehicle parked in front of a wall light as it blocks the
lighting. The Town has employed wall pack lighting on the Town Parking Garage; however, the
Town doesn't have the level of security lighting that would be recommended.
Mr. Beight responded that they had looked at a number of parking garage configurations and it
comes down to a balance between a larger footprint and cutting down more trees. Removing a
level from the parking garage and making it three stories would expand the footprint of the
building by approximately 3 0%. They have also looked at pushing it further into the ground;
however the rock and the limestone substrate make it unfeasible. This garage is built into a hill
giving it a physical perception of three stories on the north and east sides. They can't encroach
upon the current available surface parking as they have to maintain the parking until the new
parking deck is constructed. To further complicate matters; a large underground water culvert t
runs right through the existing parking lot and will require maintenance overtime. The Applicant
feels that they have proposed the best compromise in terms of the number of parking spaces;
footprint, and tree preservation. Mr. Beight also addressed the lighting issue and explained that
they have looked at a number of iterations and the lighting requirements are being driven by code
driven criteria. He noted his agreement with Mr. Grandfield's suggestion to have a more
detailed discussion to discuss the various iterations at the next meeting.
Mr. Brittingham noted that they will have their lighting consultant present at the work session on
January 21St to address lighting concerns and the consultant will be able to give a much more
detailed explanation. Elevating the wall pack lighting above the height of the cars would put it
is the 5' to 7' range; shining alight bright enough to meet the minimum standards for facial
recognition, security, and visuals would blind the drivers and the pedestrians and have the
opposite effect on safety. They have also considered floor mounted lights which have
maintenance concerns such as snow plows and while they might meet the standards on the
ground they don't meet the standards for facial recognition, security and visuals.
Commissioner Barnes expressed concern regarding the entrance to the church cemetery being
closed during construction. Mr. Beight responded that it will most likely be closed for a short
period of time during construction; however once the work is done access to the cemetery will
remain at it exists today.
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January 7, 2016 Minutes
Commissioner Robinson expressed a number of concerns to include proffer language for Church
Street extended and it's maintenance; a preference for the proffer language in the existing
proffers regarding wayfinding signs directing traffic away from neighborhood streets; parking lot
monitoring and shuttle service; relocation of the North Street exit further away from the
residence; top deck lighting; and the location of the underground utilities on Church Street and
Edwards Ferry Road.
Commissioner Kidder expressed concerns regarding the parking garage design and the
structure's compatibility with the H- I's historic character; its' proximity to the surrounding
residential communities; and a lack of specificity in the Justification Statement language.
Commissioner Babbin noted that the Courts Complex needs to enhance the downtown area and
stressed the need for clear wayfinding signage to the courthouse and public parking.
Commissioner Welsh Chamblin asked for the height of each level of the parking garage and for
clarification on the height of the lighting poles. Mr. Brittingham answered that each level was
11' 8" in height and the lighting poles were 26' tall.
Commissioner Welsh Chamblin asked if the Applicant had looked into enclosing the top level.
Mr. Brittingham answered that they had, however enclosing the top level gives the appearance of
another level.
Commissioner Welsh Chamblin requested that alternatives be looked at to determine if it would
be possible to offset some of the garage parking with other existing parking lots such as the
Harrison Street Lot and the Liberty Street Lot. Additionally she would the Applicant like to look
into the feasibility of a three story garage with a roof.
Chairman Harper expressed concerns regarding design, proximity of the Pennington Lot to the
courthouse; and the current under- utilization of the existing lot.
Chairman Harper closed the public hearing at 10:19 pm and continued discussion on this
application to the January 21, 2016 work session.
SUBDIVISION AND LAND DEVELOPMENT
None
COMPREHENSIVE PLANNING
None
ZONING
None
COUNCIL AND REPRESENTATIVES REPORT
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Leesburg Planning Commission
January 7, 2016 Minutes
Commissioner Welsh Chamblin attended the BAR work session on January 4th. Discussion
included the re -vamping of a property on Wirt Street; and the addition of a permanent stage on
the Town Green.
Commissioner Welsh Chamblin also attended the EAC meeting where discussion of the Flower
& Garden Show and the energy usage study for Town facilities was held.
Chairman Harper will be attending the EDC meeting on January 11th. The EDC is conducting a
business forum at Ida lee on the 11th and will discuss how to re-energize the downtown.
Commissioner Robinson attended the SRTC meeting where on -street parking and rules
enforcement were discussed.
STAFF AND COMMITTEE REPORTS
None
STAFF DISCUSSION
None
OLD BUSINESS
NEW BUSINESS
Commissioner Burk rejoined the meeting at 10:24 pm
• Elections
Chairman Harper nominated Commissioner Welsh Chamblin as Chairman
Commissioner Kidder seconded the motion
Vote: 7-0
Commissioner Barnes nominated Gigi Robinson as Vice —Chair
Commissioner Kidder seconded the motion
Vote: 7-0
Commissioner Babbin nominated Commissioner Burk as Parliamentarian
Commissioner Robinson seconded the motion
Vote: 7-0
• Review of Draft Annual Report
Chairman Harper and Commissioner Walsh Chamblin noted some minor typographical
errors which will be corrected prior to its distribution to Town Council.
Chairman Harper will present the Annual Report at a future Town Council meeting to be
determined.
Leesburg Planning Commission
January 7, 2016 Minutes
ADJOURNMENT
Are
meeting was adjourned at 10:32 PM
roved byn Cica se, Commission Clerk
r
r
Mary Har er, ehairnian
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