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Leesburg Planning Commission
Meeting Minutes
February 18, 2016
The Leesburg Planning Commission met on Thursday, February 18, 2016 in the Town Council
Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present were Susan
Berry -Hill, Tom Brandon, Eric Meske, Calvin Grow, Scott Parker, Jason Cournoyer, Rich
Williams, Scott Coffman, Amy Wyks, Robert Etris, Shelby Caputo, Liz Whiting, Vanessa
Grigsby, Jeff Dube, Joe Price, Mike Watkins, and Karen Cicalese
CALL TO ORDER
The meeting was called to order at 7:00 pm by Chairman Welsh Chamblin
PLEDGE OF ALLEGIANCE AND ROLL CALL
Members Present: Chairman Welsh Chamblin, Commissioners Babbin, Barnes, Burk, Harper,
Kidder, and Robinson; and Vice Mayor Burk
ADOPTION OF AGENDA
Motion: Commissioner Robinson moved to amend the agenda to move the Airpark Gelman
Public Hearing ahead of the CIP Public Hearing.
Second: Commissioner Barnes
Vote: 7-0-0
APPROVAL OF MINUTES
January 21, 2016
Motion: Commissioner Barnes
Second: Commissioner Harper
Chairman Welsh Chamblin noted a typo on page 12 of the minutes and requested to insert the
word "be" in the second bullet entitled Alternate Parking
Vote: 7-0-0
January 28, 2016
Motion: Commissioner Kidder
Second: Commissioner Burk
Vote: 6-0-1 (Commissioner Harper abstained as she was not at the meeting)
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
None
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February 18, 2016 Minutes
PETITIONERS
Russell Yergin, President, Virginia Knolls Association, came forward to address the Crescent
Parke development and read the following statement and asked that it be included in the
written record of the meeting:
It has come to light that the traffic study done in 2013 has been shown to be grossly under
estimated. For example the intersection of Gateway and Harrison shows Approx. 85 vehicles
entering Harrison. The same study shows that Crescent Parke will only add 401 trips to
Gateway by itself.
In 2009, the Town did a 24 hour traffic volume map which showed that 16,907 vehicles
crossed the Bypass at Sycolin Road and went to Plaza Street where there is now a bridge. At
that time, 11,101 vehicles went to Market Street.
It is startling that it showed 6,014 vehicles went up Gateway Drive as they crossed Sycolin
Road and onto Plaza. So I guess we do have a little bit of a traffic increase.
We have requested since October by email and phone several times that another 24 hour
study be done; it has not yet. However, as I understand as of last week, a study is soon to be _
done looking at the errors that were made in the original estimates; which is what they were;
rather than a full blown study.
By any measure, traffic anywhere in Loudoun County has not decreased.
One other problem we see with Crescent Parke, and a concern we do have, is flow of water.
There is some 34' difference between Route 15 at the Bypass and coming down to the creek.
We currently see by design there is going to be an 11' fill right next to our property. They
will be 11' higher than we will at the creek and up the hill a little bit more. The entire project
at our property line will be elevated. Our concern is water. Where is it going to go? How's
it going to run? How's it going to be treated? How much pollution do we get? How fast is
the water going to come down? The volume cannot be, in fact by rule, cannot be increased
but the speed can. And that's a worry of further erosion since we're about to do a
reconstruction and flood mitigation project.
We respectfully request that before any discussions by this body on density, esthetics of
buildings and some of the other items ... heights, two -over -twos, is done; can we please speak
to the issue of drainage and most certainly to what the traffic implications will be when we
open the other side and come all the way from Market Street. These are actual numbers that
I gave you in the second stance of 6,000 vehicles going up Gateway. I'm sure that is going
to increase dramatically.
I thank you for your time and I'd like to give the balance of my time, if any, to Victoria
Yergin.
Victoria Yergin, Secretary/Treasurer, Virginia Knolls Association, came forward and noted
that she did not have a prepared set of statements. She explained that they are not really able
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February 18, 2016 Minutes
to report back to their residents exactly what is happening with this project because they are
not exactly sure how this project will ultimately flush out. The pressing concern is the buffer
between the rear residences of townhomes in their community and the reserve area for the
Dulles Greenway. They share a property line with the Applicant and there is no buffer
between their property line and the Applicant's property line. She expressed concerns
regarding the location of the proposed 90' buffer; the prospect of an elevated roadway; and
possible condemnation of a dozen homes if the Greenway extension is constructed.
PUBLIC HEARING
TLZM-2016-0001 and TLSE-2015-0012 Airpark Gelman, Scott Parker, Assistant Town
Manager
Chairman Welsh Chamblin opened the public hearing at 7:12 pm.
Scott Parker, Assistant Town Manager, gave an overview of the application. TLZM-2016-0001
is a request to amend approved proffers for an existing building to allow for expanded I-1 uses.
The property is located at 741 Miller Drive and is adjacent to other like buildings; Cornerstone
Chapel is across the street and the Leesburg Executive Airport is adjacent to the rear property
line. The property is currently zoned I-1., Industrial/Research Park District and A-1, Airport
Overlay District. The property was annexed into the Town in 1985 and rezoned by TLZM-1985-
0058 (Ordinance 85-0-30 with Proffers) on December 11, 1985. The zoning established on the
property was County PD -IP (Planned Development — Industrial Park). At that time the Town
applied the County's zoning ordinance to the annexed land. In 1990 the Town approved a
comprehensive revision to the Official Zoning Map and Town zoning designations were applied
to the annexed areas. As a result, the subject property was re -mapped as Town I-1 but it was
administered as County PD -IP with proffers. Although the I-1 District allows a varying amount
of uses either by -right or special exception, this property was relegated solely to four uses with
percentages (Warehousing, Office, Research & Development Manufacturing, and Auxiliary)
because of the TLZM-1985-0058 proffers. Percentages when they are associated with property
presents a problem for zoning and administration. There have been problems in the past with
this property as they have had to deny office use because it exceeded the 30% threshold. In 2000
there was another proffer change that expanded the uses and eliminated the percentages. The
principal uses on the property currently include Warehousing, Office, Research & Development
Manufacturing, Recreation Facility, Eating Establishment without Drive-in Facility, and
Emergency Care. Special Exception uses may be permitted (subject to special exception
approval) and include Child Care Center, Bank with Drive-in Facility, Conference Center, and
Place of Worship. The current proposal is requesting that all I-1 uses be allowed on the property
by right and/or special exception. The following special exceptions have been proffered out:
Farming, Nursery, Stable, Heliport, Outdoor Storage, Vehicles, and Telecommunications Facility
— monopole, and Telecommunications Facility — Transmission Tower. Staff Recommends that
the Planning Commission send a recommendation of approval to Town Council for the following
reasons:
• There is no additional building or construction proposed with this request.
• It was determined that the I-1 zoning already ascribed to the property is appropriate; and
that a proffer amendment to allow I-1 uses, subject to the exclusions proposed, is
acceptable.
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• This amendment will allow this property to offer additional uses that are currently
allowed by -right in other I-1 Districts such as those along Route 7; and will make this
property adjacent to the airport more competitive, increase revenue potential for the
Town, and allow uses that the Town has already determined are appropriate for the I-1
District.
• Staff review determined that the most intense uses within the I-1 uses proposed require a
special exception; which would allow sufficient review and mitigation of a proposed use.
• The site is fully developed and has fully paid proffers related to off-site transportation
(TLZM-1985-0058 Proffer #8); no new proffer contributions are applicable.
TLSE-2015-0012, Airpark Gelman Plumbing Supply is a request to allow a plumbing supply
business, by special exception, subject to the approval of TLZM-2016-0001. Upon approval of
TLZM-2016-0001, electric and/or plumbing supply becomes an allowable special exception use
and would be subject to use standards as found within Sec. 9.3. 10 which prohibit the storage of
materials within the required setbacks; and all materials stored outside shall be adequately
buffered and screened from adjoining properties and public rights-of-way. The Applicant is not
proposing any outside storage with this application. Staff recommends conditional approval
subject to the following conditions:
• Substantial Conformance: This special exception use is granted for 741 Miller Drive,
SE. Development of this special exception use shall be in substantial conformance with
the special exception plat entitled "Airpark Gelman Associates, L.L.C., Special
Exception" prepared by Marc W. Jeffries, P.E. and revised through December 15, 2015.
• No Expressed or Implied Waivers: Approval of the 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 (DCSM) except as specifically approved by Town Council or as
shown as approved by Town Council on the Special Exception Plat and supporting
documents.
Bob Sevila, Attorney, Sevila, Saunders, Huddleston & White, P.C., representative for the
applicant, stated that he has worked very closely with Staff on this application. The potential
user of the space is Ferguson Supply; a very large company headquartered in Newport News,
Virginia with sales of over $15 billion dollars. They are located throughout the fifty states and in
twenty-five countries overseas. He asked that the Planning Commission consider the
information in the Staff Report and the economic benefits of locating this tenant within the Town
of Leesburg; and forward a recommendation of approval to Town Council.
Chairman Welsh Chamblin solicited questions from the Planning Commission; seeing none she
closed the Public Hearing at 7:29 pm and solicited comments and discussion from the Planning
Commission members.
Council Member Burk asked if this proffer amendment would allow kid parks with inflatables at
this location. Mr. Parker answered that as long as the particular application is considered a
recreational facility and has parking associated with it; it would be allowed.
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Commissioner Harper wished to clarify that there would be no outside storage of any kind at this
location. Mr. Parker answered that there would not.
Commissioner Robinson made the following motion:
I move that Rezoning Application TLZM-2016-0001 and TLSE-2015-0012, Airpark Gelman, be
forwarded to the Town Council with a recommendation of approval, on the basis that the
approval criteria of Zoning Ordinance Sections 3.3.15 and 3.4.12 have been satisfied and that the
proposal would serve the public necessity, convenience, general welfare and good zoning
practice.
Second: Commissioner Babbin
Vote: 7-0-0
Capital Improvement Plan, Tom Brandon
Commissioner Welsh Chamblin opened the Public Hearing at 7:32 pm
SUBDIVISION AND LAND DEVELOPMENT
None
COMPREHENSIVE PLANNING
Presentation of 2016-2021 Capital Improvements Program (CIP), Tom Brandon, Capital
Projects Manager
Tom Brandon gave a brief overview of the Capital Improvement Process noting that a Capital
Project is a Capital Improvement for construction, renovation/demolition or acquisition of
property that will cost more than $60,000 and has a useful life of at least five years. The process
to prepare the CIP generally follows the same pattern each year. Several years ago the Town
adopted a policy to have a bi-annual budget and the CIP follows this time frame. FY 2017 is the
second year of the bi-annual budget and is a revision of the FY2016 CIP. Revisions are made by
exception only and include a budget change greater than $100,000 or a schedule change greater
than six weeks. The Department of Public Works and Capital Projects prepares the CIP in
conjunction with the other Department Directors that have projects in the CIP. The Finance
Department preforms a financial analysis and includes adjustments for project management
costs. Lastly, the Town Manager approves the recommendations prior to the CIP going forward
to the Planning Commission. The direction for the CIP is to make it realistic which means
limiting the CIP to projects that have realistic scopes of work, identified funding sources and
realistic schedules. Town Council has given direction to concentrate on transportation, storm
drainage, improvements to the downtown, and a realistic schedule. The Town Plan is the basis
for the CIP and the CIP is meant to implement the Town Plan. Following are the adjustments for
FY 2017:
Completed Projects
Five projects have been or will be completed by the end of fiscal year 2016 and include the
following:
• Downtown Improvement Sections — King Street from Loudoun Street to Market Street,
and Loudoun Street from Church Street to East Market Street
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February 18, 2016 Minutes
• Hope Parkway Extension
• Lowenbach Street Improvements
• Security System at Water Pollution Control Facility
• Water Plant Second Carbon Feed System
New Projects
Three new projects have been added to the CIP and include the following:
• Downtown Water Feature at Mervin Jackson Park (mid -year adjustment in FY16)
• Security System at Water Pollution Control Phase II — A new phase has been added to
this project to provide security at the building and additional locations such as the pump
stations throughout the Town
• Proffer Contribution to Loudoun County Public School Board for Navy Junior ROTC
facility at Loudoun County High School — This is not a traditional CIP project, however
it gives the Town a mechanism to provide proffered funds, already collected, to be
presented to the school system and used to reconstruct the Junior Navy ROTC facility at
Loudoun County High School
Budget Increases
• Skate Park Renovation — The original budget was based on rebuilding the skate park
in its existing footprint on the existing site; however a decision was made this fall to
move to a different portion of the site which has increased the cost.
• Battlefield Parkway (Route 15 to Dulles Greenway) — The budget increased due to
general increases in construction costs being experienced in Northern Virginia. The
increases will be covered by outside sources as the Town is getting additional funds
from VDOT, NVTA, and Loudoun County to cover these additional costs.
• Sycolin Road Widening Phase IV - The budge increased due to general increases in
construction costs being experienced in Northern Virginia. The increases will be
covered by outside sources as the Town is getting additional funds from VDOT,
NVTA, and Loudoun County to cover these additional costs.
• Traffic Management System — This is an upgrade of our traffic system in Town which
began this year and it is being expanded, thus requiring a budget increase
• Lower Sycolin Sewer, Phase II — This is under construction now. ' There have been a
couple of change orders and additions to that project and the budget has been adjusted
to reflect those increases.
Funding Changes
These are not budget increases; but rather money that the Town is getting from outside sources.
NVTA has committed more funds to the two studies the Town has underway and the budget has
been revised to reflect the additional funding.
• East Market Street/Battlefield Parkway Interchange
• Route 15/Edwards Ferry Road Interchange
Schedule Changes
• Skate Park Renovation — delayed due to change in site (6 months)
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• South King Street Widening Phase II — delayed to re -bid construction (6 months); the
construction bids received last spring were very high and Staff repackaged and re -bid the
project this fall. The new bids came in at roughly $650,000 less that the original bids
• Airport Stormwater Management Plan and Drainage Study — delayed to match schedule
for on-going Airport Master Plan Update (9 months)
Mr. Brandon noted that the Planning Commission had indicated a number of discussion items
during the CIP presentation at their previous meeting on February 4, 2016 which would be
addressed. He noted the Directors from the various departments were in attendance to answer
questions and address Planning Commission concerns.
Chairman Welsh Chamblin solicited clarifying questions from the Planning Commission; seeing
none she closed the Public Hearing at 7:46 and moved on to discussion.
Additional Information was requested on the Police Station Expansion; Downtown
Improvements (potential future projects); Mervin Jackson Park Interactive Feature (maintenance
costs); Evergreen Mill Road Widening (Loudoun County plans for widening); and the Traffic
Management System.
Police Station Expansion:
Vanessa Grigsby, Captain, Leesburg Police Department, noted that the Police Department moved
into their current location in October of 1997 and at that time had 53 sworn and 18 non -sworn for
a total of 71 employees. Currently they have 87sworn and 16 non -sworn for a total of 103
employees. Leesburg has a population of approximately 50,000 people which far exceeds prior
estimates. Jeff Dube, Lieutenant, Leesburg Police Department, noted that they have basically
doubled their staff in this building. They have turned closets and conference rooms into offices;
however they are exceeding the capabilities of their building. He discussed the proposed
renovation and expansion areas which would add office, storage and criminal investigations
space. Currently various parts of their criminal investigations section are housed in their support
building and they would like to bring them under one roof to ensure more appropriate
supervision. They would also like to have more administrative space to include incorporation of
the Town's IT department. Additionally, they are leasing space at the Leesburg Airport to house
12 employees which include School Resource Officers and Traffic Officers. This expansion will
allow those officers to come back to Police Headquarters.
Commissioner Barnes asked where this project was in the CIP. Mr. Brandon answered that it
was shown in Potential Future Projects in the draft CIP. Commissioner Barnes expressed
concern regarding the placement in the CIP and requested the project be moved from the
Potential Future CIP to the Active CIP.
Vice Mayor Burk explained that Council had just put together a Task Force to look at what
services could be consolidated with the Sheriff s Department to get a better idea of how much
space is actually needed.
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Commissioner Robinson asked if the proposed expansion anticipated future needs as the Town's
population continues to grow. Mr. Brandon answered that the description of the project in the
draft CIP is somewhat vague and if it moves forward it would need to be defined more clearly.
Staff does have a space needs plan that was prepared approximately five or six years ago which
included improvements that most likely would exceed what was being discussed tonight. There
are other improvements, both in parking and space, which could be added later if we were to do a
partial improvement now.
Commissioner Kidder asked if the Task Force had been given a timeline and what would be the
minimum amount of time it would take to move this project into the active CIP.
Vice Mayor Burk answered that the Town has just appointed Council Members Dunn and
Hamler, and the County is in the process of appointing their individuals; however she was not
anticipating a long process. Mr. Brandon explained that the general rule was to put new projects
moved into the CIP in the last year of the CIP; however there have been exceptions to this. If a
need is determined, the project is accelerated. At a minimum, for this type of project, it would be
2 to 3 years to get it planned, designed, and constructed.
Commissioner Kidder asked if the airport location was chosen due to the unavailability of any
other suitable space which might be more convenient to Police Headquarters. Joe Price, Chief,
Leesburg Police Department, answered that was correct; it was the only available Town owned
space that they could reasonably put the officers into. There has been considerable interest in
leasing this space by outside businesses; however at this time there are no alternative areas
unless the Police Department leases commercial space.
Commissioner Barnes asked for clarification of the coordination of services with Loudoun
County. Chief Price explained that the Town currently has Leesburg Police Officers in 6
Loudoun County schools. The Town receives money from Loudoun County for 70% of the cost
for those officers which equates to the work year they are in the school. The other 30% of the
year, they are the Town's personnel to utilize as needed. The crux of the discussion is whether
the Town feels that they are getting their fair share of public safety resources from the County.
Commissioner Kidder asked if would be possible to utilize trailers for additional space in the
interim. Chief Price answered that they have put trailers in their parking lot; however there is not
space in the existing parking lot to add additional trailers without losing critical parking and
would require expansion of the parking area. The footprint that is attached to the property is
sufficient to encompass both the additions as well as additional parking.
Commissioner Burk noted his support of getting this project into the CIP and accelerate its'
completion.
Commissioner Babbin asked if the space being utilized by the Police Department were restricting
the Airport's ability to provide airport operations such as Customs. Scott Coffman, Airport
Manager, explained that the officers were using office space inside the terminal building. If this
space were not being utilized by the Police Department, there are airport businesses that have
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expressed interest in leasing the additional space which would provide a revenue stream for the
Town.
Commissioner Babbin asked if the Town were leasing the space at the Airport. Chief Price
answered that when the officers initially moved in the Airport was not considered part of the
general fund; and there was a funds transfer from the Police Department to the Airport. Once the
Airport became part of the general fund the funds transfer was no longer necessary.
Commissioner Babbin asked Mr. Coffman for an estimate of what the revenue would be from
leasing that space. Mr. Coffman compared this space to an adjacent space, is similar in size and
approximately 1,500 sf, and noted that the tenant was paying $22,000 annually.
Chairman Welsh Chamblin asked if this was viable space that could be leased to another tenant
should the Police Department expand its headquarters. Mr. Coffman answered the company next
door is looking for expansion opportunities which is just one of several inquiries that he has had.
Chairman Welsh Chamblin asked the Commissioner members if they would like to make a
recommendation on the Police Station Expansion. The Planning Commissioners were polled and
all were in support of making a recommendation to remove the project from the Potential Future
CIP list and to put it in the CIP. The Commission also agreed that this project should be
accelerated and that the Town should investigate the rental of GE trailers in the interim.
Downtown Improvements (Potential Future Projects):
Mr. Brandon noted that there had been discussion on what potential projects could be completed
with the money that is shown in 2019 for the Downtown Improvement Project. There were a
number of projects discussed at Master Plan Stage several years ago. North King Street was in
the priority list of projects and was not completed. The Town ran out of money prior to that
being constructed and it remains a priority project which could be completed utilizing FYI
funds. There were a number of other projects that were discussed at some level and some
preliminary estimates were made at a concept level. Some of them will need to be reevaluated
due to other developments downtown that could make them either impractical or require
redefinition.
Commissioner Babbin asked if the improvements proposed for North King Street between
Market Street and North Street were the same as those that had recently been completed between
Loudoun Street and Market Street. Mr. Brandon answered that it would be widening of the
sidewalk for a portion of the block between Market Street and Cornwall Street with the loss of
approximately 6 parking spaces. The portion between Cornwall Street and North Street would
involve sidewalk, curb and gutter replacement; and drainage improvements. There would be no
loss of parking in that section. Commissioner Babbin noted her confusion as it was her
understanding that no other parking was going to be eliminated. Mr. Brandon explained that was
incorrect. The concept approved by Council removes some of the parking on the northern block.
Commissioner Babbin expressed concern that there was not a wide spread understanding
amongst the local business owners regarding the loss of on -street parking.
Commissioner Babbin also asked for clarification on the funding for this project as it had already
been approved and funded in the CIP. Mr. Brandon explained that the original project included
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improvements that had been completed over the last 3 or 4 years. The funding was intended to
fund certain projects which were done in phases to avoid disruption of the entire downtown.
Separating the projects into sections allowed night time construction which was not originally
considered and contributed to increased expenses. Commissioner Babbin expressed concern
regarding this project and felt it required further discussion.
Commissioner Kidder noted that this was the final phase of the project and in her opinion there
was no reason to delay it. The merchants on North King Street are very much aware of this
project as they have participated in the planning for years.
Commissioner Harper shared Commissioner Babbin's concern regarding the loss of parking and
its impact on local businesses.
Commissioner Burk noted his agreement with Commissioner Babbin in that a portion of this
project has been completed and its effectiveness should be evaluated before continuing with the
second portion.
Chairman Welsh Chamblin asked if there was consensus amongst the Planning Commission
members as to whether or not to recommend removal of this project.
Vice Mayor Burk stated that Commissioner Kidder is correct in that this process has been going
on for years. The entire project was supposed to be done at once; however the Town ran out of
funds. The first part was completed with the intent of continuing with the second portion. This
would allow time to evaluate the project to determine if the restaurants are prospering. This is a
project that the business community and the residents have been involved in and it has been
voted on 3 times at Council level. She opined that it would behoove the Planning Commission to
leave it on the active CIP as there will be sufficient time to re-evaluate it. They would be doing a
disservice to the Town by removing it after all the planning that has gone into it and the monies
that have been spent.
Commissioner Barnes expressed concerns regarding funding, but agreed to leave it in the CIP for
now.
Commissioner Babbin expressed concern that the Planning Commission was being asked to vote
on projects that they have no information on. In her opinion there was not enough information
on the project provided to the Planning Commission to enable them to take any action. She was
comfortable with leaving the project in the CIP as there would be an opportunity to reevaluate at
a later date; however she wanted to make it very clear, that as a Planning Commission member,
she would expect to have the information needed to make an intelligent decision on this project.
After further discussion, there was an overall consensus to leave this project in the CIP as it is
currently proposed in the Draft CIP.
Mervin Jackson Interactive Water Feature (Maintenance Costs):
Chairman Welsh Chamblin asked the Planning Commission members to specify what additional
information they felt was necessary.
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Chairman Harper asked how the feature will be utilized throughout the year and how often it
would be sanitized. Mr. Williams answered that the fountain itself would run for approximately
7 out of the 12 months of the year. It would be winterized for the remaining 5 months to prevent
freezing issues. During the times that the fountain is non -operational; it would be more of a
hardscape amenity for the downtown area as there will be seating benches and landscaping
around the fountain. During operational months it would operate similar to a swimming pool
where it would have a sanitizing agent introduced into the water and the water would be
circulated and filtered.
Commissioner Babbin expressed concern regarding the appropriateness of this feature in this
location and asked if other features had been considered. Mr. Williams explained that originally
this area of the park had not been identified for any development by Council. Once the western
parcel of the park was developed; it was thought that the eastern portion of the park would be
evaluated and additional amenities could come to that space at a later time when Council saw fit.
Council felt that they wanted to move in the direction of putting an interactive fountain onto the
eastern parcel and took action; voted on it; and introduced it into the CIP mid -year 2016. There
was no exploration of other features. Mr. Williams opined that it was Mayor Butler's reasoning
that this feature would generate an active presence in the downtown area and draw more people
into the downtown.
Commissioner Barnes and Commissioner Harper expressed concern regarding the lack of a
changing facility.
After further discussion; it was determined that a majority of the Planning Commission members
would like this project removed from the CIP. This recommendation will be included in their
motion.
Evergreen Mill Road Widening (Loudoun County plans for widening):
Chairman Welsh Chamblin noted that she had expressed concerns regarding this project being on
the Town CIP but not the County's CIP due to the potential negative impact on traffic in that
area. Mr. Brandon explained that the County Transportation Plan does shows the portion of
Evergreen Mill Road, south of the Town limits, being widened to a four land divided roadway.
The text in the plan notes that there is no funding available now which is why it is not in their
CIP. When the Town widens this road it will go through the Battlefield Intersection and
appropriate turning lanes will be put in at that point.
After further discussion the Planning Commission agreed unanimously to have this project
remain in the CIP.
Traffic Management System:
There was minimal discussion on this project; and the majority of the Planning Commission
members supported keeping this project in the CIP as proposed.
Schedule Changes (accelerate completion):
The Planning Commission had expressed interest in accelerating the following projects:
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• Airport Runway Extension
• Airport Maintenance Storage Facility
• Airport North Hangars
• 33" Sanitary Sewer Trunk Line Assessment - Amy Wyks, Director, Utilities, noted that
Town Staff is supportive of the Planning Commission recommending accelerating this
project. Staff is not concerned about its current placement in the CIP due to the visual
assessment completed last year.
The Planning Commission unanimously agreed to accelerate all 4 projects and will include their
recommendations in their motion.
Remove Project from CIP or from "Potential Future Project" list or redefine project:
The Planning Commission had expressed concerns regarding the following projects and a desire
to either remove these projects from the CIP or Potential Future Project list or redefine.
• Battlefield Parkway Trail across Route 15 Bypass - Commissioner Robinson expressed
concerns regarding the safety and necessity of this project. Vice Mayor Burk commented
that the SRTC has explored this project in depth and will be coming forth with a
recommendation to remove this project from the CIP due to safety.
The Planning Commission unanimously supported the removal of this project from the CIP and
will include this recommendation in their motion.
• Traffic Signal at Catoctin Circle and Edwards Ferry Road - Vice Mayor Burk commented
that the SRTC has also looked into this project and the residents have come forward and
were in favor of keeping the four-way stop at this intersection.
The majority of Planning Commission supported the removal of this project and will make this
recommendation in their motion.
Project Design Issues/Questions:
• Downtown Streetlights Fixture Style - Commissioner concerns expressed included a
desire for a design that is more compatible with the historic nature of the Town; a
preference for LED lighting; and noticeable fixtures. Mr. Brandon informed the
Commission that the BAR had approved the Decorative Acorn Design primarily because
this design has full cutoff which meets the Town Plan for light pollution as well as the
white light feature. None of the three fixtures offered by Dominion Power are available
in LED.
After further discussion the majority of the Planning Commission supported the Decorative
Acorn streetlight design approved by the BAR.
• Skate Park Site - Commissioner Babbin stated that she was not in favor of locating the
skate park on this site as this is a major commercial area and the local businesses have
already experienced issues due to inappropriate behavior displayed by some of the parks
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patrons. It was her opinion that there are more appropriate locations for the skate park;
and better economic uses for the site. She protested this project being in the CIP and
stated that she will most likely vote against the CIP, in total, if it remains.
After further discussion, the majority of the Commissioners were in favor of leaving the skate
park on its current site as planned in the Draft CIP.
Other Issues:
• Sidewalk Construction vs. Maintenance - Commissioner Babbin discussed her ongoing
concern regarding sidewalk snow removal and the lack of budgeted funds to enforce the
Town's laws regarding snow removal. She noted that she is strongly opposed to
spending any more money on sidewalk construction until there are budgeted funds to
enforce snow removal and maintenance.
Commissioner Welsh Chamblin clarified that maintenance expenses cannot be included in the
CIP.
Commissioner Harper asked if there was a line item in the budget for snow removal. Mr.
Cournoyer answered that there was not and explained that the Department of Public Works uses
general contractor service line items that go towards the maintenance of sidewalks and snow
removal and could use it for snow removal; however it is a broader intent line item and not just
for snow removal. There is not a line item strictly for snow removal.
Commissioner Robinson asked that a memo be drafted from the Planning Commission asking
Town Council to look at enforcement of snow removal during their budget review process to be
presented and discussed at their next meeting on March 3, 2016.
Chairman Welsh Chamblin asked if there were any other comments; questions or concerns from
the Commissioner members; seeing none she called for a motion.
Commissioner Robinson made the following motion:
I move that the Planning Commission send a recommendation of approval subject to the
following recommendations:
1. Move the Police Station Expansion from Potential Future Projects to the Active CIP and
accelerate to near end year. In the interim during plan and design phase; investigate the
ability to rent trailers and expand paving or the current parking lot to centralize
operations and free up rentable space in the Airport.
2. The Planning Commission is requesting removal of the Mervin Jackson Interactive Water
Park Feature by a vote of 5-2-0.
3. The three Airport Items: Airport Runway Extension, Airport Maintenance Storage
Facility, and Airport North Hangars; be accelerated to closer in years for revenue.
4. Accelerate the 33" Sanitary Sewer Trunk line to allocate funds sooner for one of the
Town's oldest mains to make sure the money is available before the line breaks.
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February 18, 2016 Minutes
5. The Planning Commission is requesting removal of the Battlefield Parkway light at Route
15 Bypass as there are no numbers for background investigation for number of crossings
and there is not a safe time allotment for crossing by a vote of 7-0-0.
6. The Planning Commission is requesting the removal of the traffic signal at Catoctin
Circle and Edwards Ferry Road as it is neither wanted by the neighborhood nor warranted
at this time by a vote of 6-1-0.
Second: Commissioner Harper
Vote: 6-1-0 (Nay —Babbin)
Chairman Welsh Chamblin thanked Staff for being in attendance and addressing the
Commission's questions and concerns and called for a 5 minute recess at 9:17 pm.
The meeting resumed at 9:33 pm and discussion began on the Crescent Parke application.
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
TLZM-2013-0006 Crescent Parke Work Session 1, Mike Watkins, Sr. Planner
Mike Watkins, Sr. Planner noted that this was a work session discussion. The applicant has
requested to use his presentation to address staff comments and discuss the changes that they
anticipate making on this application. There is another action item regarding this application and
the Planning Commission will need to make a determination as to whether a public hearing is
required on the requested Subdivision Variance. He noted that he would elaborate further when
the discussion reaches this issue. Mr. Watkins invited the Applicant to make their presentation.
Commissioner Barnes asked why they were not given revised documents. Mr. Watkins
answered that he would let the applicant explain why revised materials were not brought
forward; but he thought the applicant was anticipating having discussion with the Commission
prior to submitting revised documents.
Commissioner Harper referenced a condition in the Planning Commission Bylaws requiring an
applicant to submit all relevant materials; new or revised; 21 days prior to their scheduled
meeting. Since this applicant had failed to do so; she recommended deferring discussion until
such time when the applicant can meet this requirement.
Chairman Welsh Chamblin conferred with the Commission members and it was determined to
allow the applicant to make their presentation with the understanding that there would not be any
discussion following the presentation; and that the applicant would need to adhere to the 21 day
requirement for submission of materials going forward.
Commissioner Welsh Chamblin asked if the applicant was agreeable to those terms and Chris
Gleckner, Land Use Planner, Walsh Colucci, stated that they were.
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February 18, 2016 Minutes
Doug Wagner, Engineer, Bowman Consulting, came forward to discuss changes made to the
plan since their last meeting with the Planning Commission. He explained that they had thought
it best to go through Staff's original comments and demonstrate how those comments were being
addressed. They will be submitting a full set of revised plans at the end of this week or
beginning of next week.
Mr. Wagner addressed Staff comments as follows:
Crescent Park Commercial:
• Street Section — Preparation of modifications to address the zoning issues with the street
transitions and turnarounds
• Pedestrian Access — Revised the area adjacent to the building to provide enough room
for pedestrian travel
• Building Frontage and Calculations — Prepare modification to allow that area to be
landscaped and hardscaped to reduce building frontage
• Dumpster Relocation - Moved to the back of the building which is further away from
Davis Avenue and is shielded from the building entrance
• Amenity Feature Relocation - Moved closer to the road to allow more pedestrian access
and added landscaping in the areas recommended by Staff
• Increased Pedestrian Connectivity and Relocation of Bike Rack — Two additional
locations were added to increase connectivity and the bike rack was moved closer to the
entrance for more visibility and easier access to the building
Creekside Retail:
• More Pedestrian Connectivity — Added a trail with crosswalks to allow pedestrians to
travel safely from the parking areas to the building
• Frontage Requirement — Prepare modification to allow that area to be landscaped and
hardscaped to reduce the building frontage
• Required Street Section - Preparation of modifications to address the zoning issues with
the street transitions and turnarounds
• Street Trees — Revised storm sewer which allows more street trees
• Street Lighting — Several streetlights were added
• Amenity Areas — Followed Staff recommendations in both locations; added benches
behind pedestrian connections and some open space and a trail in the C-4 area
Crescent Parke Mixed Use:
• Street Section and Street Trees — Modification is requested
• Frontage Requirements — Calculations revised per Staff suggestions
• On -street Parking Credit — Tabulations have been revised
• Widen Pedestrian Connection — Widened from 12' to 15'
• Relocate Dumpster - Co -located with another dumpster pad
• Increased Site Lighting — Added 5 lights between buildings
• Amenity Area Reconsideration — Added 4 lights
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February 18, 2016 Minutes
Crescent Parke Neighborhood:
• Access Requirements and Access Points - Increased to 22' with an access easement and
made them one-way in accordance with Fire Marshall and Town Ordinance requirements
• Active Recreation Locations — There is active recreation space and open -space with
pedestrian connectivity all over the site
• Greenway Reservation Conflicts and the Pedestrian Trail — Plantings have been moved
and the trail has been shifted
Amenities Within Parks — Went with Staff's recommendations
Comprehensive Technical Issues:
Additional issues addressed include First Street Off-site Improvements; Off-site Grading; BMP
Locations; Underground Detention Facilities; Gateway Drive Street Improvements; AC Unit
Locations; and Mailbox Clusters
Chris Gleckner discussed the proffer contributions noting that they are addressing Staff
comments regarding some of the proffer language and technical comments on the proffers;
however the proffer package itself will remain the same as what was proposed at the public
hearing.
Mr. Watkins discussed TLSV-2016-0001 which is a variation request to modify the number of
dwelling units served by a common parking court, or as permitted in the Crescent District (CD),
a private street. Subdivision and Lean Development Regulations (SLDR) Section 4.04 (c) 2(d)
limits the number of single-family attached dwelling units each common parking court can serve
which is 64 lots. The calculation of unites per common parking court begins at the intersection
of the common parking court (CD private street) to the public street. The residential
development south of Tuscarora Creek is divided by Davis Avenue extended and Gateway Drive
extended into east and west areas. The area west of Davis Avenue includes 219 dwelling units
and is served by two (2) common parking courts (CD private streets). As proposed, the ratio of
dwelling units to access points 109.5:1 exceeds the 64:1 ratio permitted by the SLDR. To
comply with the access ratio, two (2) additional access points would be necessary. The applicant
has two options to remedy this compliance issue; provide the additional access points or seek a
variation of the SLDR. This issue is just germane to the layout and does not have a significant
impact to any adjacent and confronting properties. It is Staff's recommendation that a Public
Hearing for the Subdivision Variation is not necessary as this falls within the Planning
Commission's prevue and would not be forwarded to Council.
Planning Commission discussion determined that the Planning Commission members did not
feel that a public hearing was warranted and Chairman Welsh Chamblin called for a motion.
Commissioner Babbin moved that a public hearing not be held on the subdivision variance
request to address the street ratio issue.
Second: Commissioner Burk
Vote: 7-0-0
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February 18, 2016 Minutes
Mr. Watkins discussed the outstanding issues regarding this application which include the traffic
study and proffers. Staff has advised the applicant to do a recount but has not received word as
to whether or not they will be doing counts to update the current study. The study was scoped
and the applicant was made aware that at the time of the study; the bridge over Sycolin Road was
closed; and they had forecasted trips to enter 3 intersections — Gateway Drive/Sycolin Road;
Sycolin Road/ Harrison Street; and Harrison Street/Catoctin Circle. Staff has advised the
applicant to update those numbers as they do not reflect current numbers. Staff took it upon
themselves; with a little bit of direction; to use the best available resources and utilized the traffic
signals to get an idea of what the traffic volumes were. They found that there was a significant
variation of numbers. Staff has not received revised proffers and the applicant has stated that the
proffer package remains unchanged. He noted that the Planning Commission had requested
some additional information regarding the operation costs for Olde Izaak Walton Park;
specifically the pond improvements; and the savings the Town would incur by terminating the
current lease. He asked if there was any other additional information the Commission felt was
needed.
Commissioner Barnes asked about flooding concerns expressed by the Virginia Knolls residents.
Mr. Watkins answered that the applicant was working on this issue with the Department of Plan
Review; however it remained unresolved.
Commissioner Robinson asked for clarification regarding the issuance of occupancy permits
without roadway acceptance. Mr. Watkins explained that the Town will not allow a road to be
open unless it meets certain standards. One of items in the proffers deals with what constitutes
base pavement which is an ongoing discussion and has not been resolved. The Town does allow
roads to be open to the public; however the applicant is required to maintain it and it can't come
off bond until the project is totally reviewed and meets the bond checklist requirements. In
residential subdivisions it is common for the developer to maintain the roadways until either the
phase or the project is complete. He did not believe this was the case for commercial
development which is what is still being discussed with the applicant.
Commissioner Robinson asked for clarification on a condition in the proffers that states that the
owner's obligation to dedicate this land shall terminate if the construction plans are not
approved, bonded, or funded by others within 21 years of the date. Mr. Watkins explained that it
was common practice that rights -of -ways for reservation have a life span of 21 years per State
Code. After it expires it does revert back to the property owner. A reservation puts in place for
21 years, the opportunity for the public or private sector to construct a roadway. Typically this is
based on a comprehensive document; i.e. our Town Plan says an extension of the Greenway
would traverse this area. If we have a feature that is shown on our Town Plan we ask for the
reservation of right-of-way to preserve the ability to put that roadway in the reserved area. The
time span is 21 years; upon expiration it would revert back to the property owner or HOA. Ms.
Gleckner further explained that when it is a right-of-way reservation; the land remains with the
applicant/property owner; it is upon dedication that the land gets transferred. Under this proffer,
the applicant has an obligation for 21 years to reserve that right-of-way. When there are
construction plans and funding identified for the roadway, the applicant would be obligated to
dedicate the land. During that 21 year time period and beyond; the concept plan designates that
90' strip as an open space. Should that 21 years expire; if and when anyone were to construct the
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Leesburg Planning Commission
February 18, 2016 Minutes
roadway; they would have to purchase the land. The land is zoned open space and they would be
purchasing open space land; not improved land. Hobie Mitchell, Applicant, noted that the HOA
will eventually own this reservation area. All these areas will be dedicated to the HOA at the
appropriate time and the HOA will be obligated for 21 years; after which it will remain the
property of the HOA.
Commissioner Robinson asked if it were still necessary to wait until site plan for storm water
guidance and requirements. Mr. Watkins explained that the Planning Commission had two
options. They could clarify it and have the specifics detailed on the concept plan; or accept a
note that allows it to happen at site plan. Commissioner Robinson asked if they waited until site
plan if there would be an opportunity for the application to come back to the Planning
Commission should it be determined that the design of the underground detention system might
substantially affect the plats that are proffered too. Mr. Watkins answered not necessarily;
Staff's job is to ask for enough information that says there will not be a substantial change to the
layout depicted on the concept plan. That can be accomplished via a note; in which case the
applicant assumes the responsibility. If it is determined, at site plan, that their stormwater
management encroaches and changes the layout they will need to come back to the Planning
Commission. It is the prerogative of the Commission to ask for detailed information now; or
accept a note on the plan and having the applicant assume the responsibility that they move
forward at their own risk.
Ms. Berry -Hill requested that the process, for the remainder of the review of this application; be
determined. She asked the applicant when they will be submitting their revised plans. Mr.
Wagner answered that it would be Monday, February 22nd. Ms. Berry -Hill asked Mr. Watkins if
he felt that would be enough time to review the plans and prepare a Staff Report by Thursday
when the agenda packet for the March 3, 2016 meeting is due. Mr. Watkins answered that it
would not. Ms. Berry -Hill noted that coordination with other departments involved in the review
of this application would be required; and asked if deferring to the March 18, 2016 meeting was
reasonable. Both Mr. Watkins and the applicant agreed that it was. Ms. Berry -Hill confirmed
with the Planning Commission that discussion on this application will be continued to the March
18, 2016 meeting contingent upon Staff receiving the revised plans on Monday, February 22nd.
Ms. Berry -Hill noted that Staff has requested updated traffic counts and asked the applicant if it
were possible to respond to that request. Mr. Wagner answered that they have done traffic
counts and are in the process of analyzing that data. Ms. Berry -Hill asked if they would be
submitting this on Monday, February 22nd as well. Mr. Wagner answered that they would not
as the data was still being analyzed. Ms. Berry -Hill asked Mr. Watkins what would be the latest
date that we could accept that submission. Mr. Watkins answered that it would be Friday,
February 26th. Mr. Wagner agreed to submit the traffic count data by February 26tH
COMPREHENSIVE PLANNING
None
WV
Leesburg Planning Commission
February 18, 2016 Minutes
COUNCIL AND REPRESENTATIVES REPORT
None
STAFF AND COMMITTEE REPORTS
Commissioner Burk noted that he had attended the Tree Commission meeting but did not have
anything to report.
Commissioner Robinson informed the Commission the Parks & Rec Committee meeting was
cancelled due to the weather.
STAFF DISCUSSION
None
OLD BUSINESS
None
NEW BUSINESS
Chairman Welsh Chamblin requested a discussion on the By-laws, specifically to address the 21
day requirement for submission of materials.
Shelby Caputo, Deputy Town Attorney, encouraged the Commission to look at the By-laws as a
whole as they are fairly outdated.
ADJOURNMENT
Motion: Commissioner Barnes
Second: Commissioner Kidder
The meeting was adjourned at 10:38 pm
App oved by:
r rte_
6
aren Cicalese, Commission Clerk
ndsay elsh Chamblin, Chairman
19